Testimony taken by the Committee on Indian Affairs - 1885
Testimony taken by the Committee on Indian Affairs
1885

E. C. BOUDINOT.

E. C. BOUDINOT recalled.
By the Chairman :

Question. Mr. Boudinot, have you anything further to add to your former statements?—Answer. Mr. Eldred, in the course of his testi­mony last week, questioned the accuracy of an important statement I made, viz :
That the United States have already paid the Cherokees over $334,000 on account of the lands west of the Arkansas River, embraced by the Cherokee cattle lease. Mr. Eldred says he has the authority of one William A. Philips, that the Cherokees have received $1.25 an acre for the occupied lands. I wish to submit an official statement of the Secretary of the Interior and Commissioner of Indian Affairs in support of my statement.

[Senate Ex. Doc. No.19, Forty-eighth Congress, second session.]

Letter from the Secretary of the Interior, transmitting, in answer to Senate resolution of December 23,1864, report of Commissioner of Indian Affair. regarding price paid for certain Cherokee lands.

January 6, 1886.—Referred to the Committee on Indian Affairs and ordered to be printed.

Department of the Interior,
Washington, January 3, 1885.
Sir: I have the honor to acknowledge the receipt of the following resolution of the Senate dated December 23, 1884 :
"Whereas by the act of March 3, 1883, the sum of $300,000 was appropriated by Congress for the benefit of the Cherokee Nation of Indians"out of the fund due under appraisement for Cherokee lands west of the Arkansas River": Therefore,
"Be it resolved, That the Secretary of the Interior be, and he is hereby, directed to inform the Senate, as soon as practicable—
First. What wan the price paid said Cherokee Nation per acre for their lands west of Arkansas River.
Second. Whether there has been more than one appraisement of such lands; and if so, what, and by what authority.
Third. If the payment of said $300,000 was on account of any lands belonging to said Cherokee Nation west of the Arkansas River other than the lands occupied by the Pawnees, Nez Perces, Pencils, Otoes, Missourias, and Osages."
In reply, I respectfally transmit herewith copy of report of 30th ultimo from the Commissioner of Indian Affairs, to whom the subject was referred, embodying the information called for in said resolution.
Very respectfully.
H. M. TELLER,
Secretary.
The President Pro Tempore of the Senate.


Department of the Interior, Office of Indian Affairs.
Washington, D. C., December 30, 1884.

Sir: I have the honor to acknowledge the receipt, by Department reference, for report, of Senate resolution dated December 23, 1684, referring to the act of March 3, 1883, appropriating the sum of $300,000 to he paid to rite Cherokee Nation of Indians out of the funds due under appraisement for Cherokee lands west of the Arkansas River, and directing the Secretary of the Interior to inform the Senate as soon as practicable— "First. What was the price paid said Cherokee Nation per acre for their lands west of the Arkansas River.
"Second. Whether there has been more than one appraisement of such lands; and if so. what, and by what authority.
"Third. If the payment of said $300,000 was on account of any lands belonging to said Cherokee Nation west of the Arkansas River other than the lands occupied by the Pawnees, Nez Perces, Poncas, Otoes (and) Missourias, and Osages."
In reply, I have to state that the Cherokees have not been paid for all their lands lying west of the Arkansas River.
There are of these lands 6,574,586.56 acres, of which there has been but one appraisemen t.
The appraised value of these lands, as fixed by the President June 23, 1879, by virtue of the authority vested in him by the act of 1872 (17 Stat., 190), and the act of 1876 (19 Stat., 120), is as follows, viz :

 
230,014.04 acres, at 70 cents per acre, Pawnees; see act 1876 (19 Stat., 28) $161,009 82
6,344, 572.51 acres, at 47.49 cents per acre 3,013,037 48
6, 574, 586.55 acres 3,174,047 30
 
The following dispositions have been made out of the lands in question, viz :
To the Pawnees, act 1876 (19 Stat., 28): 230,014. 04 acres, at 70 cents per acre $161,009 82
To the Nez Percés, act 1878 (20 Stat., 74) : 90, 710.89 acres, at 47.49 cents per acre 43,078 60
To the Poncas, act 1881 (21 Stat.,?22): 101, 894.31 acres, at 47.49 cents per acre 48,389 46
To the Otoes and Missourias, act 1881 (21 Stat., 380) : 129,113.20 acres, at 47.49 cents per acre 61,315 86
551,732.44 313,793 73
 
On account of the Cherokee lands lying west of the Arkansas River, the following payments have been made, viz :
Under act June 16, 1880 (21 Stat., 248) $300,000 00
Under act March 3, 1881, Poncas (21 Stat., 422) 48,389 46
Under act March 3, 1883 (22 Stat., 624) $300,000 00
Total 648,389 46


This sum is $334,595.73 in excess of the value of the lands disposed of at the price fixed by the President.
With the exception of the Poncas, in which case an express appropriation was made, this Department holds that the above-named appropriations were made on account of all the lands of the Cherokee Nation lying west of the Arkansas River, including the assignments made therefrom, as above stated.
The acts of June 16, 1680, and March 3, 1883, expressly provided that the appropriations thereby made were to be paid to the Cherokee Nation out of the funds due, under appraisement, for its lands west of the Arkansas River.
The Pawnees, Poncas, Nez Perces, and Otoes and Missourias have made no payments to the Cherokees for the tracts occupied by them respectively. All payments made on account of these lands have been made by the Government.
The Osages, mentioned in the third subdivision of the resolution, are located on lands lying east of the Arkansas River, and which are not covered by the above-named appropriations. See act of 1872 (17 Stat., 228.)
Very respectfully, your obedient servant,
H. PRICE,
Commissioner.
The Hon. Secretary of the Interior.

The act of Congress, March 3, 1833, is as follows :
"That the sum of three hundred thousand dollars is hereby appropriated to be paid into the treasury of the Cherokee Nation out of the funds due under appraisement for Cherokee lands west of the Arkansas River, which sum shall be expended as the acts of the Cherokee legislature direct; this amount to be immediately available: Provided, That the Cherokee Nation, through its proper authorities, shall execute conveyances satisfactory to the Secretary of the Interior, to the United States, in trust only, for the benefit of the Pawnees, Poncas, Nez Perces, Otoes and Missourias, and Osages, now occupying said tract, as they respectively occupy the same, before the payment of said money."

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