[House Exe. Doc. 238, 51st Congress, 2nd Session]

FULFILLING TREATIES WITH THE CREEKS.

L E T T E R,

FROM

T H E   A C T I N G   S E C R E T A R Y   O F   T H E   T R E A S U R Y,.

TRANSMITTING

Copy of a communication from the Secretary of the Interior submitting an
estimate of an appropriation for "fulfilling treaties with the Creeks."

FEBRUARY 7, 1891. — Referred to the Committee on Appropriations.

TREASURY DEPARTMENT,
February 6, 1891.

SIR: I have the honor to transmit herewith, for the consideration of Congress, a communication from the Secretary of the Interior, of the 4th instant, submitting an estimate of appropriation in the sum of $7,095 for "fulfilling treaties with the Creeks," under article 12 of treaty with the Creek Nation of April 4, 1832. (7 Stat., p. 367.)
Respectfully yours,

A. B. NETTLETON,
Acting Secretary.

The SPEAKER OF THE HOUSE OF REPRESENTATIVES.

DEPARTMENT OF THE INTERIOR,
OFFICE OF INDIAN AFFAIRS,
Washington, January 31, 1891.

SIR: I have the honor to inclose herewith, in duplicate, copies of communications from Leo E. Bennett, Indian agent of the Union Agency, Ind. T., dated the 8th and 23d ultimo, in which he submits lists of Creek families aggregating 129 souls, whom he states are duly recognized citizens of the Creek Nation, and have lately and within the past 2 years (or thereabouts) removed from their former homes in Alabama to the Creek Nation. He states that they assert that each and every one of those whose names are appended are justly entitled to the sum of $55 as compensation for expense of transportation and subsistence, such compensation being due from the United States Government under the provision of the twelfth article of the treaty with the Creek Nation proclaimed April 4,1832 (7 Stats. 367), which reads as follows:

ART. 12. The United States are desirous that the Creeks should remove to the country west of the Mississippi, and join their countrymen there, and for this purpose it is agreed that as fast as the Creeks are prepared to emigrate, they shall be removed at the expense of the United States and shall receive subsistence while upon the journey, and for one year after their arrival at their new home: Provided, however, That this article shall not be construed so as to compel any Creek Indians to emigrate, but they shall be free to go or stay, as they please.

In 1848, the then Commissioner of Indian Affairs fixed the aggregate price or grade of the compensation provided by said article 12 of the treaty at $55 per capita for those who removed at their own expense and provided their own subsistence. This provision of the treaty has never been repealed and is in force today, and should be observed by an appropriation of the sum required to meet said claims, aggregating the sum of $7,095.

I inclose herewith an estimate of appropriation under the title of "Fulfilling treaties with Creeks," for the sum of $7,095, with the request that the same be forwarded to the honorable Secretary of the Treasury for transmittal to Congress.
Very respectfully,

T. J. MORGAN,
Commissioner.
The SECRETARY OF THE INTERIOR.

[Indorsement.]

DEPARTMENT OF THE INTERIOR,
February 4, 1891.

Respectfully forwarded to the honorable Secretary of the Treasury, with the recommendation that the within item be incorporated in the bill making appropriations for the Indian service for the fiscal year 1892.

GEO. CHANDLER,
First Assistant Secretary,

Proposed item to be incorporated in the bill making appropriations for the Indian service
for the year ending June 30, 1892.

This amount to be paid per capita to 129 citizens of the Creek Nation of Indians, under the direction of the Secretary of the Interior, who have removed themselves from the State of Alabama to the Creek Nation in the Indian Territory, and subsisted themselves for 1 year, in accordance with the twelfth article of the treaty with the Creek Nation, proclaimed
April 4, 1832............................................................ $7,095

UNITED STATES INDIAN SERVICE, UNION AGENCY,
Muscogee, Ind. T., December 8, 1890.

SIR : The heads of families of the appended list of names have have appeared in person, or by letter, before me and make the following claim:

That they are duly recognized citizens of the Creek Nation, and have lately and within the past 2 years (or thereabouts) removed from their former homes in Alabama to the Creek Nation. They assert that each and every one of those whose names are apprended are justly entitled to the sum of $55 as compensation for expense of transportation and subsistence, such compensation being due from the United States Government. They cite me to "the public Statutes at Large of the United States of America from the organization of the Government in 1789 to March 3, 1845," page 367, being the 12th article of the treaty of March 24, 1832, which provides:

"ARTICLE XII. The United States are desirous that the Creeks should remove to the country west of the Mississippi, and join their countrymen there; and for this purpose it is agreed that as fast as the Creeks are prepared to emigrate they shall he removed at the expense of the United States, and shall receive subsistence while upon the journey, and for one year after their arrival in their new homes: Provided, however, That this article shall not be construed so as to compel any Creek Indian to emigrate, but they shall be free to go or stay, as they please."

They assert that in 1848 Commissioner Medill placed the aggregate price or grade of the compensation provided by said twelfth article of the treaty of 1832 at $55 per capita upon those who removed at their own expense and provided their own subsistence.

These persons all aver that they have so removed at their own expense and have provided their own subsistence; that therefore they are each entitled to and should receive the sum of $55 per capita, and which amount they severally and jointly demand to be paid them.

They respectfully request that the Department will take such action as will place before Congress a proper estimate for the payment of their claim.

The following are the names:

Very respectfully, your obedient servant,

LEO E. BENNE
United States Indian Agent.

The COMMISSIONER OF INDIAN AFFAIRS,
Washington D. C.

UNITED STATES INDIAN SERVICE, UNION AGENCY,
Muscogee, Ind. T., December 23, 1890.

SIR: Referring to agency letter of December 8, 1890, transmitting list of names of Creek citizens claiming compensation in the sum of $55 each for expenses of transportation and subsistence incurred in their removal from their former homes in Alabama to the Creek Nation, I have the honor to submit the following list of other Creek citizens who claim they are entitled to compensation for the amount expended in their transportation and subsistence in removing from Alabama to the Creek Nation, as set forth in said letter of December 8, 1890.

I have the honor to be, very respectfully, your obedient servant,

LEO. E. BENNETT,
United States Indian Agent.

The COMMISSIONER OF INDIAN AFFAIRS,
Washington, D. C.