The New York herald., 1875-08-25
INDIAN FRAUDS.
Reply of Mr.. Welsh to
General COwan.
THE FIRM OF CoWAN AND DELANO
false Vouchers Asked for and Gross
Frauds Committed
PHILADELPHIA, August %, 1875.

Ny DEAR SIR-As your letter OF the 14th inst. was
directed at me rather than to me, and as thought
sufficient had been given in anticipation in my
second letter to Professor Marsh had determined not
to comment upon it, full copy from the Cincinnati
Gazette has just been sent by worthy profes-
sional man in Ohio with the evident desire that would
give further explanations, and take this method Of
complying with his request. Two points only
in your letter need comment and unless you
have radically changed since had much
pleasant personal Intercourse with you, II VIII afford
you pleasure the errors into which you nave
fallen At the close Of your comment on my alleged
refusal appear before Mr. Delano's commission, ap-
pointed to investigate charges against the Rev. e. +.
Smith, when acting Indian agent you make this
statement:-'If this investigation resulted IN an i'm
proper verdict of acquitta then Mr. Welsh who claims
to have in his possession conclusive evidences of Mr.
Smiths guilt clearly responsible for the failure, and
has virtually hindered investigation" You were
aware that Messrs. Gilman and Otis, my attorneys,
declared their readiness to appear at any time
and prosecute the charges, if the commission
obtained authority to compel the attendance OF
witnesses and TO oblige them TO testify, &c Un-
less it has escaped your memory, you must recol-
ect the effort made TO procure for the commission
the authority demanded on December 8 1873, by my
attorneys Under the law appointing Indian nspec-
authority given for them TO administer oaths,
examine witnesses, &c submitted that law TO the eX
perienced attorney OF my mercantile nrin and he said
that United States would, If applied to, lend
its power to Indian inspector 10 take testimony, &c,
in any that Cabinet officer deemed important
The views of my attorney were conceded in by the
United States District Attorney residing here. then
applied TO the Secretary Of the Interior TO send an ln-
dian inspector, that he might give the commission the
power they needed to conduct their investigation with
good effect. If you will TO your copies of tee-
grams you will find the counterpart of that before
me- Which reads thus
BY TELEGRAPH from Washington; p e. to William Welsh
b. r. CoWAN. Assistant Secretary
In my innocence then thought that Secretary De.
ano sincere in his proessed desire to investigate
the conduct of Indian Agent Smith therefore tele
graphcd Immediately to the commission then in
sion at ST Paul, Mimi, urging them TO get Indian
Inspector Daniels to apply TO the federal court for the
aid requisite to carry the law INTO effect This is the
copy OF the reply OF James Smith, Jr u lawyer, and
one OF Mr. Delanos commissioners
LAKE SUPERIOR ASp MlsslsslrFi RAILROAD GoxryASY,}
Rev WILLIAM WELSH member Of the Board Of Missions &c,
DE1. Sill am just receipt your telegram relative
the mode of compelling witnesses to and testify
against Rev e r s%h Rtc cSppewa agent 1t eSi
dent labor under the impression that have or have
had great difficulty procuring the attendance of Witnesses
This the case. Every witness named by you and
to our subpoena except Hon H. NJ Rice Mr. fice
refused attend and evidently expected his
would be followed by o'heF 5o Ihs hSTeEsT ny T%'
and If suppose examination has not been full and
terday we examined the principal chiefs and head of
the White Earth observation together With the clergyman
WITNESSES in Minnesota At the of proceedings
Mr. Smith requested him be sworn he knew
il anything Mr Boeau declined because, as he said, he
Witnesses &c IfMr Boeau be considered these
had two cases Of that kind-Nesss and Boeau il
not ea9ed Geeye h@s M Boea% m knows VS. amy Tact
quality and location of the pine embraced in the Wilder
tract lie is not lanbernan and it Is presumed his tes
could be satisfactory as the evidence of expc
renced and Intelligent unbemen, several OF whom; OF IN
proby aud intelligence, have examined The
testimony possession OF Mr. Rice mainly believe the
aVtda intrI ed Inv
you expect you have the right and should have the
iurn yourself that can, when in Phil adelphia
to do have the benefit Of and such facts
we are charged Very respectfully yopS S&edieni fTyn
From this letter it is apparent that the Commission
preferred its mode OF procuring witnesses through
the accused and OF taking evidence, but they gave no.
tice that the Commission would assemble in Phadel
pha Anticipating their visit, had arranged with the
United States District Attorney TO procure Judge Cad
walladcrs authority TO the power of the United
States Court Us above Indicated The Commission did
not assemble here, but insisted upon my going to
Washington, where 1t was well known that voluntary
witnesses could be ovcrawed The delegation OF
Commissioners that visited me insisted upon
having written answer to their verbal
request | Immediately wrote to them,
say on the 22d of January 1874 that had always been
ready and still continued to be ready appear before
any commission having authority to compel the attend
ance OF Witnesses &c To that letter neither you nor
the Commissioners made any reference
james Smith, Jr in his letter states that ono Glenn
en Boleau was present. but refused to testify unless
the Commission had power to compel the attendance
of witnesses. | believe him to be a very respectable
man. but If he had volunteered tell all that he
about Indian Agent Smith he and his family would
have been driven from the reservation where he re-
sided. His testimony alone would have compelled
the Commission To pronounce Agent Smith guilty OF
fraudulent practices, by which the law was violated and
the Indians dcfraudcd and for which Agent Smiths sue
Gven from the reservation in deep disgrace
Mr.. Boleau would also have testified to illegal practces
which Agent Smith freely confessed to me, TO w.t.
The purchase OF pork, -FOUR and its sale by hun
his 10 the Indians his reservation The
following extract from Statutes at Large, vol w.
p. 735, 14"And be it further enacted that no per-
son employed IN the Indian Department shall nave any
interest or concern in any trade with the In
dians except for and account OF the United
States and any person Offending herein shall
forfeit the Of $4,000, and upon satisfactory
Information Of such offence being laid before the Pres
dent OF the United shall become his duty to
remove such person from the Office or situation he
may hold" There Was therefore, sufficient reason
for not compelling Mr. Boicau TO testify. II does
not appear. from the vouminous report OF the Comms
that 1t investigated amy Of the alleged wrong
doings Of Agent Smith, except that which referred 70
sales OF pine timber Indian reservations ii that Is
ever investigated thoroughly there VIII be revelations
more Illuminating than anything yet published may
not ask you 10 DC voluntary wlhess put you An0~ 0
ull well that letters were given rom the interior De
partment TO a General Gilmore, partner OF Chpmhn,
lIosmer Co, Washington requesting s. ~ Clark, the
Indian agent of bayfield, Wis, 10 iaTor MN WIN
for Indian Pine timber Ii further stated
in the letter by General Gilmore that IL Agent Clark
would make Of sale pine timber that John
l.. Delano would meet Clark in Chicago and make all
right You know that poor Clark, IN 4 moment or
weakness, did make the sale OF Lac Court dOrelles pine
timber. requested, IN the name OF a Mr. kust Tor
$4,000 When Agent smith heard OF tho sale he wroto
from Winona- November 20, 1872 thus:-
DEAR MAJOR C. MIR. Wilder requests to forward his
bid Tor the pine Lac dUriele believe this
from $75O SO0UU better than lsusts oner and unless
you cstopped further negotiations suggest thAt
you draw contract and sign it, and forward II 10 Wilder
Wilder viii make any advance payment you WISH
Yours truly EDWARD T. SMITH.
As you know, the Washington claim agents were too
well backed ~ be nterlered with by a. H. Wilder who
lacked his present power until Agent Smith had become
Commissioner of Indian Affairs Poor Clar@ repenIed
hun OF his wrong to the Indians, as he wrote December
10, 1872 IN letter before me:-"Ihs Lac Court
dOrclcs pine business troubles me good deal fear
combination viii be effected at Washington 10 carry
through a sale that ought not To he made You wen
remember the circumstances under which that contract
made and that wrote To Secretary Deano, Deccn-
Der 1876, letter. Of which the following Il copy
PHILADELPHIA Dec l. 1873
Hon. COLuMBus DrLANo, Secretary OF the lntcrior:-
DEAR sui-AlOw me-, as coworker with you IN Indian
CIVILIZATION earnestly ~ beg 10 suspend temporarily all
urtheF action under the contracts Tor pine bef aue by