The Emporia news. [volume] (Emporia, Kan.) 1859-1881, 1870-08-19

issue of said patents had been through his in
fuence and that the said issue of patents had
cost him, the said Abbott, great deal of time,
and fue thousand dollars Ia cash; and that he,
the said Abbott, did then and there declare
that it was his intention to make money out OF
his connection with the said lands, and that he
would demand twenty dollars out of every
deed made out for said land. And further de-
ponent saith not. A. q. NEWTON.
Sworn TO and subscribed before me this 18th
day of March, A. D. 1869.
ABEER ARRAsMITH,
Justice OF the Peace.
On page 150 we also find the follow
ing:
Wah-ka-eha-wa, being sworn, says he is q
member of the Black Bob band (so-called) OF
Shawnee Indians; that he never applied to
have his share Of the Black Bob reserve as
one TO do so for him; nor did he ask OF desire
patent for the same; but that he always was,
and still is, opposed TO the issuance Of patents
to the members of said band; that, happening
to be at De Soto about the month of Novem-
Der, 1867, James b. Abbott asked him If he
would sell his land; that he answered if he
could get four dollars per acre perhaps he
would; that in a few moments after Agent Tay-
Tor asked him to touch pen, which he did,
and then the Uuited States interpreter told
him he had sold his land, and then Agent Tay-
Tor handed him three hundred and thirty dol
lars, which was all he ever received for his
land. Affiant further says that he.did not then
know, nor does he now know, where his land
lies, having never made any selection. Afiant
says, further, that after he had touched the
pen as requested by Agent Taylor, the latter
gave him patent which he understands to be
for his share of the Black Bob reserve, but
that he does not want said patent.
his
WAH-KA-cHA-wA, X
mark.
Sworn to and subscribed before me this LIST
day of June, A. D. 1869.
SHERMAN KELLOGG,
Justice of the Peace.
On the 18th of December, 1867, the
Acting Commissioner of Indian Affairs
telegraphed as follows:
DEPARTMENT OF INTERIOR,
OFFICE INDIAN AFFAIRS, ;
December ID, 1857.
SIR: Suspend the delivery of the sixty-nine
patents for members of Black Bob's band,
transmitted to you through Hon. Sidney
Clarke; and if any have been delivered, recall
them, and retain for further orders.
CHAS. Z. MIX,
Acting Commissioner.
Ii. L. TAYLOR, Esq, U. S. Indian Agent, De
Soto, Kansas.
To which Agent Taylor answered as
follows:
DE SOTO, Kas Dec. %, 1857.
SIR: Your telegram of the 18th instant, in
relation to the sixty-nine Black Bob patents,
reached me by mail at NATION, Illinois, and
avail myself of the first opportunity, upon my
return home, to reply, and in answer would
say that your orders respecting the same will
be obeyed.
am, very respectfully,
Your obedient servant,
II. l.. TAYLOR,
United States Indian Agent.
Hon. CHARLES L. MIX, Acting Commission
er of Indian Affairs, Washington, d. G.
The patents not being forthcoming in
pursuance of this pledge, the Acting
Commissioner, on the 26th of August
following, eight months afterwa rds,
transmitted the following additional or
der to Agent Taylor:
DEPARTMENT OF INTERIOR,
OFFICE INDIAN AFFAIRS,
August %, 1868.
SIR: On the 18th of December last this office,
by telegram, instructed Agent Taylor TO ''sus.
pend the delivery of sixty-nine patents for
of Black Bob's land transmitted to
you [him] through the Hon. Sidney Clarke;
and if any have been delivered, recall them, and
retain for further ORDERS" Mr.. Abelard Guth-
RE having. under date of the 10Th ultimo, ask.
ed in behalf Of the Shawnee's interests, that the
patents referred to be recalled and cancelled,
you will direct Agent Taylor to return the
same, through you, to this office.
Very respectfully,
Your obedient servant,
CHARLES E. MIX,
Acting Commissioner.
THOMAS MURPHY, Esq, superintendent In
dian Affairs, Atchison, Kansas.
III "A1Ch aSCAb
nearly a month afterWard, in the fol-
lowing communication:
OFFICE SHAWNEE AGENCY,
DE SOTO, Kan, Sept. 10, 1868. (
SIR: Your letter of the 18th ult., with copy
Of letter bearing date of Doth ultimo, from
the honor able Acting Commissioner of Indian
Affairs, recalling the siXty-nine patents lately
issued to the Black Bob band of Shawnee In
dians, has been received; and in reply would
say that I have laid the subject before the
,SOEa
nicated the facts to the patentees, and resolu-
ton or request that said patentees should de-
cline surrendering their patents, whereupon
each and every one of themepositively refused
impossible for me to execute this order.
Very respectfully, etc.,
III. L TAYLOR,
United States Indian Agent.
Hon. THOMAS MURPHY, Superintendent In
dian Affairs, Atchison, Kansas.
Now how does it come that he is IN
able to comply with the order of the
Commissioner? Remember that on the
28th day of September previous, near
ly nine months before the forwarding
of this last communication, he had
promised faithfully to obey that order.
Being called upon by the Commission
er to inform the Department of the date
of the delivery of the patents to the In
dams, he answered as follows:
OFFICE SHAWNEE AGENCY, !
DE SOTO, KANSAS, Nov. Is, 1861
SIR: Your letter of October 80, with copy of
letter from the honorable Commissioner of In
dian Affairs, bearing date of October %, requi-
ring me to inform the Department of the date
of the delivery of the Black Bob patents. has
been received, and in reply would state that
the patents were delivered by the Hon. j. B.
Abbott, on the oath day of August, to Ora
ham Rogers, Charles Tucker, and the Shawnee
Couneiimen, who came to my Office on that
day for the purpose of demanding of me the
delivery of the patents, and 1 was absent, but
Major Abbott, who officed with me, was at
home, and the Indians stated the object of
their call to him, and he states he ''knew of no
reason why the patents should be retained in
the office, and supposed the delivery of the
patents to the Chiefs and Councilmen of the
tribe would be satisfactory to me as well as the
Department, and accordingly delivered the
same"
In about ten days after the said delivery, the
letters above referred to came to hand, and /
took steps to recover from the pat
entees (they having in the mean time received
their patents) the said patents; the result of
which has been communicated to the Depart
ment.
H. L. TAYLOR,
United States Indian Agent.
HON. THOMAS MURPHY, Superintendent In
dian Affairs, Atchison Kansas.
Here we find that the patents were de-
livered on the oath of August, 1868,
thirteen months after they had been
to Mr.. Clarke, Gin pursu-
ance of his verbal request" eight
months after the issuance of the order
of the Department for their return, sew
en- months after the Agent had pledged
himself, in obedience to that order, to
so return them, and nine months after
the deeds for the lands had been execu-
ted.
Remember that a portion of this time,
at least, they were in the Agents Office,
so that in his letter of September IS, he
states what the records prove untrue,
when he says that it was impossible to
execute the order, and their retention,
in the hands of Mr.. Clarke or
of the Agent, until the oath of August,
was fraud, wilful and deliberate, upon
The Indians and the Department, and in
of peremptory orders /;
and their delivery to the Indians was
also fraud in that the delivery was not
only in contravention of orders. but
eight months after the receipt of the or
der for their return to the Bureau for
and was made surrepti-