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

large number of those Indians who
did make application were Shaw
nees, who had received their lands in
severalty many years before-were not
members of this band, and therefore
had, and could have, no interest in these
lands.
Manlfestly, if the Superintendent is
right, sixty-eight fraudulent applica-
tons for patents have already been
made. Thirty-three of the same class
of fictitious and fraudulent applications
are still to be made and approved, in
order to exhaust the reservation, which
contains one hundred and sixty-seven
of these 2O0-acre tracts.
But if anybody supposes that the gen.
tlemen who are manipulating this bust
ness are not equal to the emergency,
they are simply not informed in the
high art of stealing Indian lands. It is
the simplest thing in the world for these
prudent business gentlemen" to write
some unprounceable Indian name on an
application for patent, certify that it is
in due form and all right, and the thing
is ready for the approval of the Secretary
of the Interior and the issuance of
nv to complete the transaction-make a
deed of conveyance under this patent,
affix to it the "his mark" of the fictitious
Indian with an unpronounceable name,
and the broad, rich acres slide into the
pockets of the speculator with facility
that is amazing to the uniniated-"in-
scrutable and past finding out" to those
who are wont to eat the bread of in
dustry.
1t is well known that in lands held in
common by Indians that there can be
no such thing as heirship. When a
member of the band dies his undivided
ownership becomes extinct. So, on the
other hand, when a new member is born
or adopted into the band, he comes in on
an equal footing, and at once becomes
possessed Of an equal undivided interest
in the common property with all the
others.
AS no census of the tribe has been
taken for more than ten years at the
date of the issuance of these patents, it
is at once apparent that just and equal
division of the common property could
not be made without new census, as
the band must inevitably have either in
creased or diminished in that time.
Yet a partition was attempted to be
made on the basis of the census of 1867,
had occurred in relation to these Indi-
ans that exist in regard to all the Indians
of the West-viZ: that their number had
largely diminished, other modes of adj
justing the partition, so as to enable
them to consume the entire reservation,
quite as novel as that of using fictitious
names, were resorted to. One was to
issue patents to a number of deceased
persons direct, three of whom we find
by published affidavits to have been
dead respectively eight, nine and four
teen years. Another was to issue pat
ents to the heirs of deceased member
for the stipulated quantity of two hum
dred acres, and then issue another patent
for the same quantity. to each of those
heirs by name, thus giving them double
portions of the common property and
of course to the exclusion of others of
the band. For instance, patent of two
hundred acres is issued to the heirs of
Black Bob, who had died some years
previously. Then patents for two hun
dred acres more are issued to each of
the two surviving children of Black Bob
by name. Still other tracts are issued
to supposed children of dead Indians,
supposed to be living somewhere on the
face of the earth, neither the Agent nor
anybody else knows where, and yet the
these deceased Indians and their absent
apocryphal heirs have actually informed
him that they desire to take their lands
in severalty under the stipulations of
the treaty of 1854, and the lands have
actually been allotted to them and pat
ents issued therefor. Among the sixty
nine patents already issued, which were
transmitted to Mr.. Clarke, 'tin pursu-
ance to his verbal request" there are
more than thirty of this kind. How
many of the balance are also fictitious it
is impossible to know.
If any one doubts the capacity of
these gentlemen to manufacture Indians
to any number necessary to exhaust
the lands, let them read the following
affidivit:s
A. G. Newton, of the county of johnson,
State of Kansas, being duly sworn, deposeth
of December, 1867, he went to De Soto on bust
ness respecting his claim on the Black Bob
lands, and visited the office of the Indian Agent
Taylor : that upon stating his business to the
Agent. he was referred to James b. Abbott; he
visited Abbott, and held a long conversation
with him; Abbott said the Indians deed must
come through him, (Abbott), that il would
cost twenty dollars; that he Abbott) had spent
five thousand dollars in getting the patents,
and that he must have his money back in some
way; ten dollars must come to him (Abbott)
and ten to the Agent. Abbott also stated that
two thousand dollars was put in his Abbotts)
band to give Pascal Fish, (who was the Agent
of the Black Bob Indians), if he would leave
Washington and not interfere with their ac-
tiOns; but he (Abbott) said Pascal Fish refus-
ed, and there was no way left but to leave him
out of the council, and ignore him (Pascal) as
a delegate. / saw Harry Mcbride writing at
the Agents desk, making Shawnee deeds, and
he (McBride) said he was clerk for Abbott and
Taylor both. In conversation with Abbott,
he (Abbott) said that if there was not enough
Indians whole
reserve, that it was an easy matter to make as
many Indians as necessary, remarking at the
same time there would be no land LEFT, for, said
he, (AbbOtt), eve can make Indians as fast as
necessary" A. G. NEWTON.
Sworn and subscribed before me, Justice of
the Peace, in and for oxford township, johnson
county, Kansas, on the 18th day OF January,
1870. SHERMAN KELLOGG,
Justice Of the Peace.
An association of spectators are de-
sirous of possessing themselves of a
valuable tract of land, containing some
$4,000 acres. There are living on and
developing it, and subjecting it to the
benefcient purposes of civilization,
some two hundred families. These two
hundred families have put upon the land
not less than S25Q000 worth of improve
ments, in houses, fences, cultivated
fields, ETC., and the lands alone are worth
not far from 100000 more, making an
aSSEcSdIS VI SOOO,OOO. NOW suppose
these spectators were to buy out the
entire tract of land for 100000, which
they propose to do, as the Indian deeds
exclude all the improvements of the
settlers, they are clear in the transaction,
$250,O00, very handsome profit for
some half dozen gentlemen. But that
is not the extent of the profits of these
half dozen prudent business gentle
men," as viii be seen, when it is recol-
lected that large portion of the tribe of
whom they propose to buy are in their
graves, and that it is manifest that an
other portion of the patents have ficti-
tious names, to counterfeit whose |
''mark" with them would be the most
trifing of all commercial transactions, |
thus passing into their hands not less |
than one-haf of the Reservation with |
out any consideration whatever, SO that |
not less than three hundred thousand |
dollars would be the prize of their three |
years of striving, and in their judgment, |
an ample conformation of all |
the fraudulent practices, false swearing, |
and discrimination which it has cost |
them to active.
To prevent the consummation of such |
. fraud and wrong, both the Senators
from Kansas, all the State officials of |
the State, all the county officials of the |
county in which the lands are eituated