The Emporia news. [volume] (Emporia, Kan.) 1859-1881, 1870-08-19
THE BLACK BOB FRAUD.
A Detailed Exposition
of the Whole Matter.
The Game Of EsGObbling" Indian Lands,
as Played by Ring Of E'Prudent
Business Men,"
An Important Letter from U. 8.
Senator Ross.

OFFICE STATE REcoRDl
TOPEKA, KANSAS, Aug. 4, 1870.
Hon. z. g. RoSs.DEAR SIR: You are
aware that charges of fraud in connection with
what is known as the "Blaek Bob" Lands,
have been made in the public prints and other
wise. You have stated in your place in the
United States Senate that such frauds had
been committed, and that at a proper time you
could and would expose them. We have in
the columns of the Record called upon you to
make the expose you said you could make.
AS vet we have not seen it, and are not aware
that you have fulfilled our promise. Those
charged with these frauds, or at least some of
them, are now before the people for political
fayors. We think that you owe il to yourself
and 10 the people of the State to make the ex-
pose you have referred to. If you can do it
and are willing to, the columns Of the Record
are At ySgT ts service for that P E. B.KrR
For State Record Company.
1 am also in receipt of the following
letter from citizens of job lson county,
Kansas, and residents on the tract known
as the Black Bob Lands:
BLACK BOB, JOHNSON Co., KAN.,l
August 1, 1870.
Hon. E. G.. Ross.-SIR: As by unfortuitoas
planning to the Senate of the United States at
the last session (just closed the subject of the
Black Bob Land Swindle, we respectfully ask
of you to publish detailed exposition of the
whole matter at your earliest convenience, in
order that the people of the State Mt large may
become conversant with the matter.
Respectfully yours,
b. NJ. CRUST,
j. s. JUSTICE,
JAMES L. SHREvE,
Committee for Settlers.
I do not feel at liberty to disregard
these pressing requests to state publicly
the facts upon which my action was
based in regard to the disposition of
these lands, and for the protection of
iVnnnrfonf 70 T.inrhfc iTEynlun6
both of settlers and Indians but feel
ing unwilling to be drawn into any
personal controversy which may arise
in the approaching canvass touching
this matter, it having yet to come before
the Senate for final decision, shall con-
fine myself at this time mainly to a
statement of the facts developed in re-
lation thereto by the records of the De-
partment of the Interior, as transmitted
to the Senate on the 18th of January
last, by the head of that Department, in
pursuance of a resolution introduced
by myself on the 18th of December
previous.
The facts are contained in what is
known as Executive Document No. 40,
printed by order of the Senate, from
which it appears that the first official
action in regard to the disposal of these
lands was taken by Mr.. j. B. Abbott, at
one time Agent of the Shawnee Indians.
1t appears by a communication on file
in the Department signed j. B. Abbott,
United States Agent, that apparently on
the Both of September, 1866, application
was made for the division of the lands
in severalty and patents by sixty-nine
members of this band. It is further
shown, also by the same records, that
this communication was actually filed
in the Department by Mr.. Abbott in
person, on the 18th of April, lS67-that
on the 31st of October, 1866, Mr.. II. L.
Taylor was commissioned as United
States Agent for the Shawnee Indians,
vice Abbott, removed, and therefore,
that at the time Mr.. Abbott filed the
for these patents he was not
the Agent of the Government for these
Indians-had more than four months
previously ceased to be such Agent
had no official connection whatever
with the Government or the Indians,
and therefore that the application for
patents made by him and signed by
him as such Agent was irregular and
unofficial, and had no effect whatever,
and should not have been received by
the Department.
This was at the beginning of the
so far as shown by the
official records, and the presence of SO
grave an irregularity certainly warran-
ted more rigid scrutiny THANH appears
to have received in the Department.
On the Goth of July following, as ap-
pears by the published stter of the
Commissioner of Indian Affairs, on
page % of Executive Document No. 40,
the Commissioner transmitted to Mr..
Sidney Clarke, Gin accordance with
your [his] verbal request" the sixty
nine patents applied for by Mr.. Abbott
on the 18th of the preceding April, ''for
delivery to Agent Taylor"
DEPARTMENT OF THE INTERIoR,l
OFFICE OF INDIAN AFFAIRS,
July 20, 1870.
SIR: 1 enclose herewith, in accordance with
your verbal request, sixty-nine patents, issued
to certain members of Black Bob's band of
Shawnee Indians, under the provisions of the
Shawnee Treaty of May 10th, 1854.
The names of the Indians and descriptions
of their lands contained in the patents are as
viz:
Here follows list Of the patents.l
Very respectfully,
Commissioner.
HON. SIDNEY CLARKE,
House Of Representatives.
Now, why these patents were trans
mitted to Mr.. Clarke instead of through
the usual official channels to the Agent,
whose duty it was to receive them, is
not shown. Both the Agent and Mr..
Clarke were in Kansas, residing not
fifty miles from each other, as was also
the Superintendent, through whose
hands both custom and official etiquette
required they should be transmitted,
and all equally accessible to the Depart
ment by speedy mail communication
Or, why they were not sent to Agent
Taylor direct, inasmuch as they had to
be, and were, sent by mail to Mr.. Clarke.
developments in the history
of this transaction may possibly explain
the reason for the "verbal request" that
these papers should be transmitted as
they were.
What became of these patents after
that, is one of the hidden mysteries of
this transaction, for it is certain that the
Indians, for whom they were intended,
four months afterwards, knew nothing
Of them, for we find the principal Chief
to the Commissioner of Indian Affairs,
as appears in the published report:
LAWRENCE, KAN, Nov. 10, 1867.
To ". g. Taylor, Commissioner Indian
Affairs:
Have patents to Shawnees, who made seIec-
tons in Black Bob's settlements, been issued
and sent to Kansasf If SO, when? If issued,
order suspension Of sales by Agent Taylor of
these lands until the matter is investigated.
Answer. GRAHAM ROGERS.
Remember that this was four months
after the patents had been forwarded to
Mr.. Clarke, in pursuance of his verbal
request. Now where were they all this
time? Why were they not delivered to
the Indians, if it was an honest transae-
ton, as the Secretary of the Interior
and the Commissioner manifestly in
tended they should be? And above all,
why were the patentees kept in pro-
found ignorance, even of their exist
ence? Is it possible that there were
any discussions or misunderstanding
between the other parties and the Gus
todian of the patents which needed
fixing up" before the fact of their ex-
istence could be divulged, and before
the Indian Agent even could be entrust-
ed with them? Or was it for the pur-
pose of securing the execution of deeds
of conveyance for these iands, before
the Indian became aware of his power
over them? That one or both of these
purposes was entertained is apparent,
when viewed in connection with the
statements contained in the following
Affidavit, found on page 126 of the doc
nment referred to:
State Of Kansas County of johnson, IS:
Personally appeared before me, Justice of
he Peace in and for the said county Of john
son, State Of Kansas, a q. Newton, citizen