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REPORT OF COMMISSION TO APPRAISE CHEROKEE LANDS IN THE INDIAN

TERRITORY.

PAOLA, KANS., August 22, 1877. SIR: The commissioners appointed by the Hon. Secretary of the Interior to appraise the Cherokee lands in the Indian Territory have the honor to submit the following report:

The commissioners assembled at Lawrence, Kaps., in accordance with their instructions, on the 28th of March, 1877, and organized by the election of Thomas P. Keppard, president, and Thomas E. Smith, secretary.

For a detailed account of our action preparatory to entering upon field-work, and for a more minute description of the lands thus far examined, and general history of the proceedings of the commission, your attention is invited to the journal which will be forwarded with the acounts of the disbursing agent.

We reached the Indian Territory south of Arkansas City, Kans., on the 12th of April, and on the following day began the work of inspection, following the suggestions contained in our instructions, with reference to our mode of proceeding, as closely as was found practicable. Our progress was somewhat retarded in consequence of the fact that the military escort which was to accompany us did not arrive until the 29th of April. We were again delayed several days in the vicinity of the Pawnee Agency by the failure of the military authorities to furnish the escort with rations, which failure was doubtless in consequence of the extraordinary floods in the streams of that section. The only other interruption in our work was from frequent rains and high water.

In general, the fractional townships lying along the right bank of the Arkansas River, within our work, are much broken, with little low bottom-land and not much timber. The slopes of the hills are generally too abrupt for cultivation, and are additionally upfitted by frequent outcropping ledges of limestone rocks. This common character extends to from six to eight iniles from the river, beyond which the slopes become more gentle, with less outcropping stone aad deeper soil.

The valley of the Shakaska River, with the country drained by its tributaries, is exceedingly rich, and the shape of the surface almost perfection. It is quite well sopplied with timber of good quality, principally burr and post oak, pecan, hackberry, walnut, and cotton wood. In range 2 east, a stream runs south through townships 28, 27, 26, and 25 nortb, called Bodoc. The country drained by it is fine, and along the stream there is a fair supply of valuable timber. Probably 90 per cent. of the country drained by the Shakaska River and Bodoc Creek is prairie.

The country between the Salt Fork of the Arkansas River and Red Rock Creek, east of the road which runs southwest from Arkansas City to Fort Sill and west of range 2 east, is quite similar to the valley of the Shakaska, but not so well supplied with timber. In township 24 north, range 1 east, the country is nore rolling, with occasional outcropping sandstone.

The country between Red Rock Creek and Black Bear Creek is quite rolling ; somewhat too much so. The quality of the soil is not quite so good as that north of Red Rock. The supply of timber is better; probably 10 per cent. of the land is forest.

From the west side of townships 22 and 23 north, range 1 west, going east, the country becomes somewhat broken by occasional ledges of sandstone. The Pawnee lands are quite rolling, abundantly timbered, and well watered. There are many vari. eties of fine building-stone, easily accessible, in all sections. Portions are rough and rocky, and unsuitable for cultivation.

The country east of the Pawnee lands, lying in the fork of the Arkansas and Cimar. ron Rivers is quite hilly and rocky; much of it of very little value. It is well watered and timbered; probably 30 per cent. of the country is forest.

West of range 4 east, as far as and including range 3 west, the country between Black Bear Creek and the south boundary of the Cherokee lands is generally of inferior character. It is moderately well supplied with water, timber, and stone, and is better adapted to stock-raising than general farining. Some portions near the Indian meridian are quite broken.

The country drained by Hackberry and Skeleton Creeks is principally of fair quality, smooth surface, with very little timber or stone of value. Much of the land is moderately well adapted to general farming. The country about the heads of Black Bear and Red Rock Creeks, and that drained by Nine-Mile and Sand Creeks, is almost wholly devoid of timber and stone. The surface is smooth and gently rolling, with some sand-hills about the heads of Sand and Skeleton Creeks. The soil is generally of second or third rate.

There is but little timber on the sonth bank of the Salt Fork of the Arkansas River. There is generally a narrow strip of timber along the north bank, chietty cottou wood. The country between the Shakaska Valley and Osage Creek is gently rolling, with fair quality of soil. It is scantils supplied with timber, except within six or eight

miles of the Salt Fork of the Arkansas. The country is fairly watered, and moderately well adapted to general farming.

West of Osage Creek, as far as and including the townships of range 8 west, the country north of the Salt Fork of the Arkansas is comparatively poor, and almost wholly devoid of timber.

It is our opinion that the country within from six to eight miles of the Arkansas River is well and best adapted to stock-raising. While generally too rough for cultivation, the soil is good, and the growth of grass good.

Judging by the success of the people of Sumner and Crowley Counties, Kansas, in raising wheat, it can scarcely be questioned that the country from aud including the townships of range 4 west, to within six or eigbt miles of the Arkansas River, and extending sonth from Kansas to Black Bear Creek, being very similar in character to tbe adjoining lands ip Kansas, is well adapted to the growth of wheat.

Doubtless stock-raising might be carried on successfully in any part of the country east of the Abilene cattle-trail. Cattle have frequently been wintered in this country without the use of prepared food.

It is our impression that the country we have thus far examined is healthful. The drainage is everywhere good. The low valley-lands, especially of those running from west to east, as those of the Black Bear and Red Rock Creeks, are probably somewhat malarious, and we would regard it as important to the health of Indians located on these lands tbat their dwellings should be located on the highlands.

Io valuing these lands, it is our impression that the chief difficulty consists in determining the amount of allowance which ought to be made in view of “the fact that these lands are for Iudian occupancy and settlement only, and consequently less valuable tban lands open to white settlement." We have devoted our attention carefully to the consideration of tbis subject. Our conclusion is that, in view of this restriction placed upon their use, these lands are worth about one-half as much as they would be if open to settlement by white people. As far as made, our appraisal is, in our judgment, in conformity with that opinion.

The detailed statement of prices fixed upon the lands thus far examined and appraised will be found in the schedules entitled “Description and valuation of Cherokee lands in the Indian Territory," &c., which will be forwarded with this report.

Having applied for and received permission to adjourn after inspecting the lands east of the Abilene cattle-trail until about the first of September, on the 21st of June we left the Indian Territory near Caldwell, Kans., and proceeded to Wichita, Kans., which point we reached on Saturday, the 23d. In consequence of the fact that the private affairs of Mr. Kennard seemed to bim to render it extremely doubtful whether it would be possible for him to continue to serve as a member of the commission, it was determined to meet at Paola, Kans., on the 14th of August for the purpose of preparing a report of the work of the commission as far as it had proceeded. In accordance with thie, the commission adjourned at Wichita, Kaps., on June 25, and reassembled at Paola, Kans., on August 14. After the foregoing bad been prepared it was determined to adjourn to meet at Wichita, Kans., on September 15, in order to resume work in the Indian Territory. The commission then adjourned on August 23. Very respectfully,

THOM. P. KENNARD,
EBENEZER H. TOPPING,
THOMAS E. SMITH,

Commissioners. Hon. J. Q. SMITH,

Commissioner of Indian Afairs, Washington, D. C.

PAOLA, KANS., December 12, 1877. SIR: The commissioners appointed to appraise the Cherokee lands in the Indian Territory have the honor to submit the following additional report:

Messrs. E. H. Topping and T. E. Sinith met at Wichita, Kans., on Monday morning, September 17, 1877, and were informed by Mr. William N. Wilkerson, of Cans County, Missouri, that he bad been appointed a member of the commission in place of Mr. Thomas P. Kennard, who bad resigned. Mr. Wilkerson then took the required oath and was elected president of the commission.

At the same time Lieutenant Cushman, of the Sixteenth Infantry, reported to the commissioners that he was present with a detachment of ten men, and instructed to accompany the commissioners as an escort. Our departure from Wichita was delayed until the afternoon of Thursday, September 20, awaiting the arrival of Lieutenant Cushman's wagon and team. We then left Wichita. via Wellington and Caldwell, for the Indian Territory. For a detailed account of the movements of the commission, your attention is invited to the journal of the commission.

pot below the mouth of White River, their base of supplies. This might require one or more subagents or superintendents of farming, but the expense thus incurred would be more than offset by the saving on inland freight thus arrested at the river.

We would call attention to the urgent necessity for fulfilling the obligations of the treaty of 1876, which guarantees to these Indians the protection of the United States laws. What is needed is the creation of an additional judicial district in the Territory of Dakota, with the necessary officers, and that authority be vested in the United States Indian agents to exercise the powers of justice of the peace, in accordance with the code of the State or Territory in which these Indians are located.

We urge, also, some legislation which shall open the way to giving to these Indians, with proper safeguards, actual title in the lands taken by them as fast as they are ready to occupy and improve individual homesteads. The provisions of the Sioux treaty of 1868, which are continued and made law through the treaty of 1876, authorize the issue of certificates of occupation, to be recorded in a Sioux land-book. But this provision is practically of no value whatever, and fails entirely to meet the want of any Indian who steps out of the Indian ways into the ranks of civilized men, which is absolute ownersbip of the land he lives on. How much importance the Indian places on this may be seen in the sacrifices which those of this same stock have made to gain it: in the Flandreau Colony, which went off from the Santees and took homesteads on United States lands, and more recently, in the Brown Earth Colony, which has gone off from the Sisseton Agency for the same purpose; in both cases abandoning present advantages in the way of rations, annuities, &c., for the purpose of obtaining foothold somewhere as men.

We would also point to the very encouraging efforts made in the same direction by the Santees and Sissetons who have remained on their reservations, and who for ten years have been asking and working to gain individual titles to the lands they there occupy. We also point to the energy and enterprise of the colony from the Cheyenne River Agency, located on the east side of the Missouri, at Peoria Bottom, which has but recently come out of one of the wildest of the Sioux tribes, but now forms a community of peaceable farmers, who are anxiously waiting for legal titles to the lands there surveyed for them. We point to these to sbow the bopefulness of work in this direction and the pressing need of legislation which shall help all of these people to como on to the platform of civilized men.

The commission spent 22 days in tent-life, and traveled about 400 miles with wagons and upward of 200 on horseback. A large part of the wagon-route was new and through an undescribed country; the marches on horseback were over a very rough conntry. We had heavy rains and high water during the greater part of our march.

In conclusion, we desire to acknowledge courtesies from the bonorable Secretary of the Interior and the bonorable Commissioner of Indian Affairs; also to thank Byt. Maj. P. D. Vroom, Third Cavalry, for most valuable assistance; and also our secretary Mr. E. K. Hayt, for bis faithful services. Very respectfully,

D. S. STANLEY, Colonel Twenty-Second Infantry, Brevet Major-General.

J. M. HAWORTH.

A. L. RIGGS. Hon. CARL SCHURZ,

Secretary of the Interior.

NOTE.—We would notice the fact that Red Cloud's people require the updivided services of a physician, whereas they now bave only such medical assistance as the surgeon of the post can render outside of his regular duties.

List of articles for Red Cloud's Agency.

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1 saw-mill and fixtures and 4 wagons...
150 wagons, wide track, 24 inches, with bows and covers, at $55.
200 sets harness, at $20 ........
50 plows, at $12 ......
10 harrows, at $10.
20 sets barrow-teeth, at $3 .....
75 double and single trees, at $3.........
50 billing-hoes, at $4...
100 spades, at 75 cents ......
50 shovels, long handles, at $1 .......
25 cross-cut saws, at $5 ......
100 hand-saws, at $1.50 ...

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200 augers, assorted, and handles, at 75 cents...
50 mattocks and handles, at $1.....
100 garden-rakes, at 50 cents......
100 scythes and snaths, at $2......
300 scythe-stones, at 10 cents.......
25 grindstones, at $5 ... .....
100 drawing-knives, at 50 cents
12 broad-axes, at $2...
250 small wash-tubs, at 75 cents..
250 wasb-boards, at 50 cents
1 fanning-mill.......
200 log-chains, $, at $2
500 heifers, at $14 .............
100 cows, milch, at $22........

24 00 187 50 125 00

20 00 400 00 7, 000 00 2, 200 00

29, 216 50

Estimate of articles for Rosebud Agency.

200 axes, with handles...............................
12 axes, broad ......
200 augers, assorted, with handles .....
250 boards, wasb ......
200 chains, log, 8-inch cable...........
50 dozen grease, Frazier's ......
150 sets barness, double...................
50 dozen hoes, billing, socket ..........
200 bammers, carpenter's ............................
100 knives, drawing .........................................
100 mattocks, with handles ................................
I m ill. tanning .............................. ....... .. ............ ......
30 plows ..............................
200 garden-rakes ..............
200 spades .........................
50 shovels, long handles ...........................

....
25 crosscut-saws ..........................
100 bandsaws .......
100 scythes, with spaths
300 stones, scythe......
25 grindstones .......
100 sets of trees, single and double.......................................
250 wasb-tubs (small).
150 wagons, 24 inches, with bow and cover ...............................
500 heifers, at $14 .......
100 cows, milch, at $22 .........

$300 00

24 00 200 00 100 00 600 00

60 00 3,000 00

250 00 100 00

50 00 100 00

25 00 510 00 100 00 150 00

50 00 125 00 150 00 200 00

30 00 125 00 300 00

187 00 8, 250 00 7,000 00 2, 200 00

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REPORT OF COMMISSION TO APPRAISE CHEROKEE LANDS IN THE INDIAN

TERRITORY.

PAOLA, KANS., August 22, 1877. SIR: The commissioners appointed by the Hon. Secretary of the Interior to appraise the Cherokee lands in the Indian Territory have the honor to submit the following report:

The commissioners assembled at Lawrence, Kaps., in accordance with their instructions, on the 28th of March, 1877, and organized by the election of Thomas P. Kendard, president, and Thomas E. Smith, secretary.

For a detailed account of our action preparatory to entering upon field-work, and for a more minute description of the lands thus far examined, and general history of the proceedings of the commission, your attention is invited to the journal which will be forwarded with the acounts of the disbursing agent.

We reached the Indian Territory south of Arkansas City, Kans., on the 12th of April, and on the following day began the work of inspection, following the suggestions contained in our instructions, with reference to our mode of proceeding, as closely as was found practicable. Our progress was somewhat retarded in consequence of the fact that the military escort which was to accompany us did not arrive until the 29th of April. We were again delayed several days in the vicinity of the Pawnee Agency by the failure of the military authorities to furnish tbe escort with rations, which failure was doubtless in consequence of the extraordinary floods in the streams of that section. The only other interruption in our work was from frequent rains and high water.

In general, the fractional townships lying along the right bank of the Arkansas River, within our work, are much broken, with little low bottom-land and not much timber. The slopes of the bills are generally too abrupt for cultivation, and are additionally upfitted by frequent outcropping ledges of limestone rocks. This common character extends to from six to eight miles from the river, beyond which the slopes become more gentle, with less outcropping stone aad deeper soil.

The valley of the Shakaska River, with the country drained by its tributaries, is exceedingly rich, and the shape of the surface almost perfection. It is quite well supplied with timber of good quality, principally burr and post oak, pecan, hackberry, walnut, and cottonwood. In range 2 east, a stream runs south through townships 28, 27, 26, and 25 portb, called Bodoc. The country drained by it is fine, and along the stream there is a fair supply of valuable timber. Probably 90 per cent. of the country drained by the Shakaska River and Bodoc Creek is prairie.

The country between the Salt Fork of the Arkansas River and Red Rock Creek, east of the road which runs southwest from Arkansas City to Fort Sill and west of range 2 east, is quite similar to the valley of the Shakaska, but not so well supplied with timber. In township 24 nortb, range 1 east, the country is more rolling, with occasional outcropping sandstone.

The country between Red Rock Creek and Black Bear Creek is quite rolling; somewhat too much so. The quality of the soil is not quite so good as that north of Red Rock. The supply of timber is better; probably 10 per cent. of the land is forest.

From the west side of townships 22 and 23 north, range 1 west, going east, the country becomes somewhat broken by occasional ledges of sandstone. The Pawnee lands are quite rolling, abundantly tinubered, and well watered. There are many vari. eties of fine building-stone, easily accessible, in all sections. Portions are rough and rocky, and unsuitable for cultivation.

The country east of the Pawnee lands, lying in the fork of the Arkansas and Cimarron Rivers is quite hilly and rocky; much of it of very little value. It is well watered and timbered; probably 30 per cent. of the country is forest.

West of range 4 east, as far as and including range 3 west, the country between Black Bear Creek and the south boundary of the Cherokee lands is generally of inferior character. It is moderately well supplied with water, timber, and stone, and is better adapted to stock-raising than general farining. Some portions near the Indian meridian are quite broken.

The country drained by Hackberry and Skeleton Creeks is principally of fair quality, smooth surface, with very little timber or stone of value. Much of the land is moderately well adapted to general farming. The country about the heads of Black Bear and Red Rock Creeks, and that drained by Nine-Mile and Sand Creeks, is almost wholly devoid of timber and stone. The surface is smooth and gently rolling, with some sand-bills about the heads of Sand and Skeleton Creeks. The soil is generally of second or third rate.

There is but little timber on tbe south bank of the Salt Fork of the Arkansas River. There is generally a narrow strip of timber along the north bank, chietly cottou vood. The country between the Shakaska Valley and Osage Creek is gently rolling, with fair quality of soil. It is scantily supplied with timber, except within six or eight

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