Transcript of Record — Blackfeather v. United States

( 18,455.)

SUPREME COURT OF THE UNITED STATES.

OCTOBER ‘TERM, 1902.

No 276

JOHNSON BLACKFEATHER, THE PRINCIPAL CHIEF OF

THE SHAWNEE TRIBE OF INDIANS, FOR THE USE

AND BENEFIT OF THE SHAWNEE INDIANS, APPEL-

LANT,

US.

THE UNITED STATES.

APPEAL FROM THE COURT OF CLAIMs,

INDEX.

Original. Print.

Petition filed . Liu hasice Seen iak a eek wb UNA CRS RAR RaC ae Oe 1 l

Amended petition eke Ake ann, 68; aanewanses l 1

Sghedule B—List of claims in fav or of Shawnee tribe of India ans

on account of depredations committed by white

citizens since the treaty of 1854, and for losses of

property during the late war ..... ..... 3 2

Exhibit D—Letter, Commissioner Bogy to Secretary of the In-

SORNOR SRN BB; COGS cise h kasescicsadecse 15 ll

Letter, Secretary of the Interior to Hon. Thad.

Geovens, January SO, 1G67 ... cs ines .cs cee enccas 17 12

Order to amend petition ...... ...... [SEC LAw ARES HA Sa SOR eRe ha Dabs 17 13

Demurrer toamended petition =—«.. 0... eee eee eee 18 13

PRI ee eee eye Tee eee 19 13

RSNA ary ce tr ee eee yy ea aes ee ge 23 17

INO (5 ycc. cy Ahan css abun vies -aeenee Se0b sas ‘ 24 17

Order allowingappeal........ .........05: Le Pe CK eee Coats 24 17

ROE © OOTURTICMD 6.5 cc fcc cee Fa oh Salah EhEs emcee eee 25 18

Jupp & DerwerLer, Printers, Wasuineron, D. C., Ocropsr 17, 1902.

eae

JOHNSON BLACKFEATHER, E?TC., VS. THE UNITED STATES. 1

1 Court of Claims.

Jonnson BLACKFEATHER, the Principal Chief of the

Shawnee Tribe of Indians, for the Use and Benefit of

the Shawnee Indians, No. 17210.

v8.

Tue Unrrep Srartes. j

I.—Petition and Amended Petition.

On the 28th day of September, 1891, the claimant filed his origi-

nal petition and on the 3d day of August 1892, he filed, in lieu of

said original petition, by leave of court, his amended petition which

is as follows:

Amended Petition.

Filed August 3, 1892.

To the honorable the judges of tle Court of Claims:

1. Your petitioner, Johnson Blackfeathr, represents and states

that he is fifty years old, a Shawnee Ind’an by blood and descent, a

member of and the principal chief of the Shawnee tribe or nation of

Indians, by occupation a farmer; that he resides at or near Vinita,

Delaware district, Cherokee nation, Indian Territory.

2. Petitioner further states that he brings this suit in this Court of

Claims, as such principal chief of the said Shawnee tribe or nation

of Indians, under the provisions of the act of Congress entitled “ An

act to refer to the Court of Claims certain claims of the Shawnee and

Delaware Indians and the freedmen of the Cherokee nation,

2 and for other purposes,” approved October 1, 1890, and an act

entitled “ An act supplementary and amendatory to an act

entitled ‘An act to refer to the Court of Claims certain claims of the

Shawnee and Delaware Indians and the freedmen of the Cherokee

nation, and for other purposes, approved October 1, 1890,’ approved

July 6, 1892,” to recover and collect from the United States Govern- —

ment the several, respective and aggregate amounts of money herein

alleged and set out in payment for the destruction, loss, forcible

taking, carrying, and driving away live stock, farm products, house-

hold goods, money, and other personal property of divers descrip-

tions and kinds belonging to, owned and possessed by, and the prop-

erty of the said Shawnee Indians, by white and United States citi-

zens and soldiers, in the State of Kansas and the Indian Territory

at divers times and places in the year 1861 and all the time up to

and including the year 1866, as more fully appears in the foilowing

nage ae list or schedule, setting out the names of the said Shaw-

nees, the property of which they and each of them were despoiled

as aforesaid, and the amounts of money claimed for the price or

valuation here named by the said claimants, and that the said

amount, as to a portion of the said claims, is the amount ascertained

by the Secretary of the Interior and by him transmitted to Congress

1—276

2

JOHNSON BLACKFKATHER, EFC., VS. THE UNITED STATES.

in the month of January, 1867, with a recommendation that the

said amount be paid as to the portion so transmitted at said time,

which amount is $109,746.25. (Reference is made to Exhibit D,

hereto attached, for the authenticated copy of the letter of the Com-

missioner of Indian Affairs and the Secretary of the Interior, and as

to the additional claims herein alleged and claimed in the said de-

scriptive list and schedule reference is further made, as showing the

action, allowance, and findings in all of the said claims, to House of

Representatives Executive Document No. 125, 49th Congress, first

session ; Schedule B, beginning on page 275, continuing on all the

subsequent pages, and ending on page 279, inclusive.)

3

Scuxeputer B.

A List of Claims in Favor of Shawnee Trine of Indians on Account of Depredations Com-

mitte

the Late War.

by White Citizens since the Treaty of 1854, and for Losses of Property During

(Treaty 1854, articles [1 and 14, and sections 2154 and 2155, Revised Statutes.)

5

= Value of

pe Name of claimant. Kind of property taken. property

° taken.

6

Zz

348 | Rogers, Graham.......... Horses, mules, produce, &c...... $2,556 00

349 Barbee, William.......... Horses, provisions, &c....... Wie 1,310 00

359 | Rogers, William... .. ... Mules and money................ 200 00

360 | Dougherty, Martha....... | Horses and money ............... 602 00

361 |} Maden, Solomon......... Horses, ponies, and hogs.......... 552 00

362 | Harvey, John... .. Horse, mule, and colt ........... 260 00

363 | Harvey, Caleb........... Two mares, saddles, bridles, hogs.. 1,390 00

364 | Cau-chi-qua.... ......... RAE AAT Serr 610 00

365 | Red Carpenter......... ..-| Household goods, hogs, &e ....... 350 00

366 | Choteau, Frederick....... “ se burned, groceries, &c., 3,965 00

taken.

367 = James, for Frances | Horse, cow, hogs, &c........ .... 312 00

_ BRPORARR Sere

368 | Chouteau, Benjamin .... | Buggy, horses, &c... . 1,195 00

369 | Chouteau, William... .... Horses and cattle ............... 440 00

370 | Pitcher, Mary ... Cattle, horses hogs, &c... ....... 602 50

igh. 2) ener Horses and hogs... .......... 775 00

ee. 3 a: eee eee Horse, saddle, colt, &c.........-. 260 00

373 | Silverheels, Moses......... Jewelry and hogs................ 265 00

374 | Widow Wheeler ......... SS SRE ere 365 00

375 | Barnett, Sally Ann....... ES oS ee 165 00

376 | Tucker, Charles.......... RIEU SO eben cn éehaes nats 750 00

377 | Wheeler, James....... Horses and saddle....... ........ 180 00

378 | McLean, Henry...... ... EFOree, GWAC, GG. oc. einen wee 221 00

379 | McLean, John.......... Horses, mule, and cattle.......... 950 00

380 | Borele, John.............. Horses, household goods, &c..... 2,215 00

381 | Tiblou, James............ Horses, clothing, &c........ ..... 947 00

382 | Deshane, David.......... PE MU MR iv xa vcaw ds ke 200 00

383 | White, Joseph........... ee eS RAO peer 3,244 00

384 | Wheeler, John .......... i) Te Pe Sa oad 80

385 | Wheeler, Polly... ....... PIONS ONG TROIS ke 250 00

386 | Coffey, Lewis............ DAMIEN, ONE. GO) ok si oe cise 1,755 00

387 | Britton, Mary............ Horses, ponies, &c..... bina a 265 00

Se PE. Biko riba nea ye aap eteeve xdeee 27,331

JOHNSON BLACKFEATHER, ETC., VS. THE UNITED STATES.

Schedule B—Continued.

g

‘3 : Value of

Me Name of claimant. Kind of property taken. property

= taken.

6

Z

a

4 Brought eel A. «di ad haan sn<oesen ep bews sHbbe oe $27,331 00

388 Keyser, James....--- Horses, cattle, &e ....-+-68 + ees 1,140 00

gg9 | Coffey, Mary. ©--+--0++-> | SR aera id Se thee 2,060 50

390 | Big Fox ...ee-ssee rere | Horses, furniture, &¢......+-+-++- 1,890 00

391 | Dougherty, David.......-- Horses, hogs, Ke... -+e+ee2 certs 1,082 00

392 | White, Frances ..---.-+++- Horses, mules, &c....---+-+-+5+° 536 00

393 | White, Henry ....---+++++ | Horses, cows, &e..... 0-65-06 8 see 800 00

394 | Blackhoof, Eli ..... ----- | Horses, mules, ke ...-+.e+eeee ees 915 00

395 | Dushane, Eli.. ..-++ --++> Horses, mares......++0e-seerr eres 545 00

306 | Flint, Veaty ...--- -- s++- _ Horse, ponies, Ke... 606 eee eee 620 00

397 | Burlow, John.....-- _. | Horses, cattle, Ke... eee eee eee 615 00

398 | Chuck-thee.....-.... -5+5 | i seeeenneaeens be 332 00

309 | Rogers, Betsey ...-++++-+- | Horse, mule, &e.. 6... esse ee eee 390 00

400 | Quinney, Jane....-- ..| Horses ....--+- Se Sey ety 600 00

401 | Prophet, Sally ....-+---++- | Horses and mares .. .---++++ see 1,650 00

402 | Graham, Polly .-...-+-++- | Mare and cattle .....-+++ ie 220 00

403 | Silverheels, John. ......--- | Horses, cattle, &e., house burned 2,050 00

404 | Longtail, Elizabeth........| Horses, rails burned, &e .. - 1,670 00

405 | Bob, Jane .....--++-se0e: | Horses, cattle, ke... 6 eee 412 00

405 | Coster, Nancy. .--.--+++++ | Horses, double wagon, &e 320 00

407 | Dushane, Martha...... -- | Horses ...... 2 -sseeecerseereceee 245 00

408 | Perry, James.....-- -++++> | Horses, &e....0.-eeees seer seers 480 00

| Perry, Betsy... -- +--+ | Horses and ponies.....-- is Seekes 530 00

410 | Dougherty, Elizabeth... -- | Horses and mares......- + --.5+++ 1,020 00

41) | Randall, Eliza......--.--- | House burned, horses, &ec., taken..| 5,650 00

412 | Bluejacket, David. .... | Horses, ponies. .....---+seeeee ets 235 00

413 | Swatzell, Catherine.. ..--- | Horses, mules, carriage, Os ii vane 2,921 50

414 | Vogel, Rebecca...-.---- | Clothing, silverware, ee | 1,360 00

415 | Batly, Mary E.....----++++ | Horses, hogs, Ke... ..-++eeesse eee 540 00

416 | Dick, Joseph.....----++-++ | SlobeA, coc Se ou ae te ee i 480 00.

417 | Dushane, David J. *"") Horses, rails, corn, &e....---- +++ | 1,110 00

418 | Fox, John.....-- .seee+e | Horses, oxen, Ke.....--- eee sere ee j 680 00

419 | Covnatzer, Samuel M..... | Horses, cattle, Kce......65 - eee 1,975 00

490 | Nan-nee-a....--5- 22 + °> | Furniture and stock ..----++---: | 195 00

21 | Hummingbird, Cyntha. .. | Horses. .. .-essseeceee-- seeeee 205 00

422 | Flint, Joseph......---- -_..| Horses and hogs... -.---++98+ -++5° 450 00

423 | Pampkin, Mrs.... 0 -.--- | Males and hogs .....+-++5 +995 | 500 00

24) Pumpkin, John. ..--- -- | Horses, harness, &e.... 0-0 +++ +9 520 00

495 | Deshane, Henry .---+ > --- | Horses, mules, &e ..-- +--+ +5 ++ 625 00

426 | Walton, Anna E......--++ | Household furniture, ee 1,226 06

427 | Rogers, Polly....---+ ---- | Horses and cattle. «eee reer: 745 00

428 | Whitefeather, Jacob. ..... Horses, mules, Ke.... - +++ -+++5*> 1,695 00

Carried forward. .|...----+-> tt cn kekvaas Rtas eae $68,586 00

5 Bronght forward .|.....----.eesrsees coset $68,586 00

420 Jackson, John ..---- Hornes, &C ....-002- cre seeeeee 485 00

420 | Flint, Haney .....-----++- | Clothing, A rr ral ce hae : 100 00

431 | Big Knife, James... .--- | Horse... ..+- (AU Ae RT ae. 75 00

482 | David, Laura ....-- ||) Mare and saddle . ..-+-+-++ +++ 120 00

433 | Spybock, Eunice..... | Horses and hogs... ---+++++++++> 390 00

434 | Harvey, James . .---+-->- | Horees ....-.- see ecene ceeseerees 700 00

435 | Frances, George ..--- meee Oa Gerrerrrtrrr rr aL ; 550 00

436 | Blanchard, Nancy ....---- ba ES Lae G a cheeses enn 300 00

437 | Big Knife, Jane.....-.--+- fo HRS iain nk caw vanes ca caen aon 380 00

438 | Skvbuck, Widow... | Horses, &e......000-eeeee tees 120 00

oo cam

4 JOHNSON BLACKFEATHER, ETC., Vs. THE UNITED STATES.

Schedule B—Continued.

£

3 Value of

“ire Name of claimant. Kind of property taken. property

“ tabu

Zz

439 | Possom, John............. SO ae ee as $260 00

440 | Bigbone, Nancy........... Horse, cattle, &e ....... racks 385 00

441 | Elliott, James............. Clothing, corn, &c ............-5. 451 00

442 | Charles Tiblow ....... (EEE ieee esxscacrer bi0d06 425 00

443 | James Longtail. ........ Horses and cattle ................ 830 00

444 | Elizabeta Longtail ....... NL SG ev oso 8s evan hee p'8% 110 00

445 | Jesse Whitideer........... eee eee 1,640 00

446 | George Whiteday......... Elorges, hags, &c ......065 226. , 530 00

447 | Martha Dougherty........ OL Seer ‘ 22 0

448 | Hannah Rogers...... NRCS. «oo cs hebetsh osu es 410 00

449 | Nancy Prophet............ TS ee Sdn awa stehie 650 00

450 | Pate-thump-qua........... 2 es eee ee 60 00

451 | William Whiteday.. .. . | Horees, Ge .. ........ ..2. wees 610 00

452 | William White. ........ | Horses...... aE Pe ee 350 00

4534 Jack Hern ...........-. Horse and ponies ...... ......... 570 00

454 | Catherine Johnson........ Clothing and furniture ........... 252 0

455 | Joseph Johnson,.......... | OO ee orn ee +40 0

456 | Sanule Tucker ............ SOD hcbraita hin Sc5'..00 55 owe bees Sh 3 120 W

457 | James Blackfeather.. .... Horses and cattle... ............ 1,085 00

458 | David Blackfeather ....... ReGrOee, GOGhEO, GO... occ se sce 1,750 00

459 | George Cohen. ........... eae ee ee 230 00

460 | Sarah Big Knife. . ...... Horses, mules, &c............... 480 00

461 | Thomas Big Knife ........ GRRE SAE Es ae ees 985 00

462 | John Dougherty .... ..... Herse and saddle .......... ..... 145 00

ed Co 8 eee PR RES Rrere retry fa 1,495 00

464 | Harriett Pureel! ...... ... BS ee 325 00

465 | Samuel Garrett ....... ee Rr eee ee 225

466 | Susanna Armstrong........ Bee ee re 480 00

467 | Polly McDougall ..... . Shed Latawivasks shake nha 200 00

408 | Glian Mille.. ..........-. MI ob sn cass aagse cadonh 345 00

469 | Stephen Bluejacket... ....| Horses, farming implements, Xc. . 761 00

470 | Frances Chautau.......... eee 425 00

eee NE. CE Boch cou ck buh ca Gen cus <5 av cecsseun $89,852 00

6 RE POO er tars os ede anaes susine saa $89,852 00

471 Toto Whitestone ..... ME Pein cn ken res enkaetas 210 00

Ee oR See ee eae eee 280 00

473 | James Bone .... ......... RN SOR ra Ga% cin k nn co acne nee 600 00

474 | Mary Blackbody ......... MRS cc atic cud phe ke aauion 358 00

475 | Billy Greenfeather........ SES ae eee 400 00

476 | Lewis McLean . ... ..... Horsesand pony................. 115 00

477 | Edward Crane ............ NS ws Gad” Cars bux aseceeet ast 440 00

478 | Lewis McLean...... anh ER Ce oS Nera phe Ceralle Ri 75 00

479 | Thomas Blackhoof.... DIE So Sash 6 ok a5% ohn pad 175 00

480 | William McHearn ........ Horses, &c eos 430 00

481 | William Frances ......... SM tirnké. 4 i ost ciate ts: onaxies 100 00

482 | General Jackson Rogers ...| Horse ...............200-008 --- 175 00

483 | Ellie Dann ........... SES Rata A 2. 00

484 | Henry F. Rogers ......... _ Horses, mules, &e ............... 664 00

485 | Sally Rogers ............. i ait he acres cig Gk Seat 445 00

486 | Susan Dougherty ......... Horse, saddle, &e ..............5. 170 00

487 | John Barlow........ ..... SEER SET Saari ects 200 00

488 | John Parks .............. Horses, mules, &e.... 0.2.6... e es 1,195 00

489 | George Big Knife ..... .. Horses and grain, ke ........ - 4,568 00

490 | Susan Big Knife .... .... SR hinds ocean ds WAS EA 335 00

491 | Mary Johnson. ..... SUN as savas chaene Nea Se 50 00

pnb ceeneresseso®

eeee trees

JOHNSON BLACK FEATHER, ETC., V5. YHE UNITED STATES.

Schedule B—Continued.

SAS eee ree

i |

2 Valile of

i Name of claimant. Kind of property taken. property

© taken.

6

Zz

492 | George Dougherty ....---- Grain, RC . ...ce cece cee coenee $317 00

493 | Choteau, William......-- Horses, &C .. 26-2 ee cee eee 465 00

494 | Armstong, William... .... Horses and mule......- acre an 310 00

495 | Spybuck, Frank ...-. ---- HOrees ow vs nce reese ceecees 2010 00

496 | Buptiste, OS SS ee Cow, steer, and horse ....---. --- 235 00

497 | Summers, Mary... .--+-+- SIEGE « achwncne ssa eetenasnnen san 200 00

498 | Logan, Thomas ......+-+- Horse and pony....--.5- 0 + se+e 100 00

499 | Flint, Joseph .....-. - +++ Hog. .wccescccncessscesseet soeee 20 00

500 | Brown, Theresa ......--- Household goods, clothing, &e...- 382 00

BOL | Inra Soup .......------++ Field of corn, &e......- +--+ - 590 00

5014) Dougherty, Oe ee Log houses, cattle, &e. ... 1,296 00

502 | Dougherty, Lewis......--- Horse and saddle. .....--..---+++- 177 00

503 | Bluejacket, Charles... ... Grain, stock, ke... ..--++-e+e > 858 75

504 | Choceau, Benjamin....... Span of horses ..-...---+-++++++9 400 00

505 | Tiblou, Zion .........---- Horses, field of corn.....--++-+-+> 1,395 00

506. Flint, Lazarus ...... ...+- Horses .......--- ie Vie hae eobed 180 00

507 | Tiblow, Mary Ann.... -- 300 bushels of corn..... ..- 150 00

508 | Bluejacket, Nancy......--- Horses, ponies, Kc ...----++++-- 5,220 00

509 | Ki-la-we sa,heirs of (White-;) Horses, cattle, grain, &e.......-- 1,724 00

| man, guardian).

510 | Caboon, George......- +-- Cattle, household goods, &e....... 3,604 45

td Mattei A ccs. exetebi onsen adnccsuoh stent | $118,966 75

7 Brought forward. |....-----+eseer pete: pak miata $118,966 75

511 | Coxie, Soth .... ..--. Horses, cattle,and household goods, 6,797 75

j ac. |

512 | Chisholm, F. (Jno. Deer, | Horses, cattle, corn, Kc.....---+-- | 6,436 50

| guardian).

513 | Chisholm, W. FE ...------ Provisions, household goods, &e - . 9,649 00

514 | Chisholm, Jackson.... Horses, mules, cattle, Ke... ...-- 5,779 00

515 | McQueen, > Horses,cattle, household goods, & 3,733 7a

B16 | Alberta... .....----seeccee Horse, stock, cattle, household 2,504 25

| goods, &e.

517 | Jim Deer.. ..-- ino Cee aknkresbaseen see 9,409 85

» 18) John Deer.... -.---- +++ Horses, cattle, provisions, &e — -..| 11,506 60

519 | Wright, Jimmy ...------ Horses, cattle, etd tools, &e.. -! 1,757 50

520 | Sally ........ Horses, cattle, corn, &c.....--.--- 3,255 Oo

21 | Little Fish.........-.+- +: Household goods, &e «+--+ 774 20

522 Gibson, Wilson .......---- Horses, stock, cattle, Ke.....---+ + 2,067 25

523 | Heir of George Blackfoot | Horses, cattle, farming tools, &e...| 1,175 00

| (Long Jim, guardian). i

524 | Rabbit ..........----ee eee Horses, cattle, furniture, &e ..-. 1,160 00

525 | Long Jim........- Horses, cattle, farming tools, &e... 1,787 50

526 | Black Cat .......-.-- Do. Sah 2,152 50

597 | Hill, John............---- Horses, cattle, farming tools, &e... 1,045 00

528 | Little Spoon.... .. ------ Stock, cattle, farming tools, &e... 748 25

529 | Warrive, George ...... -- Horses, cattle, Kc. ......0--+0e 52> 1,068 75

530 | White Turkey ..........-- | Horses, cattle, corn, kc... .-- 3,745 25

531 | George Young .....---+.++ i Do. ‘ 1,310 7

532 | Hill, John (guardian of Lit- | Horses, cattle, hogs, &e.....---++> 1,042 00

tle Wildcat).

ES I ni inde bene en TT bnceatigiagtte neo A= PEN 1,112 75

534 | John Duch .. ...-.--.-+e- ee a hamenek 1,380 00

535 | Esparnee | cts dS ew ae tae 2,714 75

B36 | Rock. .... 2... cece eeeeees | ), eae y ste 984 00

Do. 909 25

6

JOHNSON BLACKFEATHER, ETC., VS. THE UNITED STATES,

LzE No. of claim.

Schedule B—Continued.

2 Value of

Name of claimant. Kind of property taken. property

taken.

Se Nan dianbeecawe Horses, mules, cattle, hogs, &e.... $5,938 55

ONS Ss ehitce's wes xh Horse, cattle, household goods, &c. 1,366 60

WNT N54, Avexkaiancer Horses, cattle, farming tools, &e... 990 50

SOU GTI Fi dines sebs sheds coc nen incivevesteves $220,529 00

8 ee NIUE ak tas Sieh cows veeaqatenincedas 220,529 00

White, Nancy... .... Horses, cattle, household goods, &ec. 2,605 85

Rae eer orses, cattle, hogs, ke... 2... 439 25

DONE x tincveteisvaneesall Toga SAT 5,259 35

John White, chief ....... Mamet, WOMe, Ge... ss cccscasccsss 5,579 62

John White (guardian of | Horses, Sa Wisi ccescichicnss 2,462 20

Little George).

eer Horses, cattle, bacon, &c.......... 4,870 00

Shawnee Jackson ......... RTI g 4 cate. ee 990 50

POE ShAccHAKaN cana yan Horses, cattle, corn, &e....... 5,795 10

er ae Bais |e ees hs een 1,829 75

PU Ris bvcaveinccads Horses, cattle, bacon, &e.......... 3,258 50

Jim Sloane ..... Sew datded BR 21>. « Wek ee Bex 1,136 00

Sally Long Tail........... Do. vibe eosin 2,810 00

eee Do. 2, gudanaes 740 75

John Tomahawk... ....... a rr? 1,180 75

Shawnee Buck... .........| Horses, cattle, corn, &c.... 1,926 50

ee ES as eee 1,284 50

ON Beicl ot cameawe eed 1,974 25

Nb s'cbb'es uekh <ac 0 ck SEE er i eet 963 00

ES Perr Tree Pe Pr ere 649 00

EE Horses, cattle, mules, hogs, &c.... 2,385 75

Mrs. McLaughlin ......... Horses, cattle, corn, &e........... 1,297 60

ee er Horses, hogs, bacon, corn, &e..... 1,007 00

5 ae Horses, hogs, corn, &e...........4 1,335 00

OO SE ere SE oe See 6,426 00

kf ree BOA shane Ghaweuak 1,125 00

SO Cas CatneWke sabdereec __, ar ee ore 446 25

PE RU co cnaks <-4da6nie Re ret are 737 75

| Henry Jackson . ......... ae EES 1,117 35

| Nancy Buck ......... * Ras 702 2%

Nannie Charlie (guardian) .| Horses, cattle, outhouses, &e...... 506 50

ee oer ee ee ee Horses, stock, bacon, &e........ 1,822 40

Mary Cabbage ...... .... ITorses, cattle, hogs, bacon, &e 2,382 2%

ae eee Horses, cattle, hogs, &e.......... 1,270 50

Coffee Pot... ..... me 0 Pee Cae teres 2,166 60

See tip: y iN ce thee rs 3,204 50

NS. Sere cashes Ak kg a ae 1,142 00

Coffee Pot rdian of era Mr ees eh 3,073 30

Delaware Jack).

POO MOONS Shc Wineadacece See ee 2,736 75

Young Spybuek ......... ma OO ee 3,143 00

SEDONA Dvn yn ted dndiedsbnininece sacgudedoes $304,340 92

9 gh EP een a ph acak chk. pee eee $304,340 92

Tere Horses, cattle, hogs, &c....... 3,382 75

Thomas Williams ......... Oe Soe por 3,587 00

ek eee SA eer 1,908 50

Strong Man. ..... (waceeae SS erates 2,444 35

PE SS ik ics cot vace Do. shécqutabe 2,700 25

=S~7~7~"™ :

SRSSSSSLSSEZSSE LEZESESS SEF | No. ofciaim.

617

BEESgSesskR Lf=5

jJoHNSON BLACKFEATHER, ETC., VS. THE UNITED STATES.

Schedule B—Continued.

Name of claimant.

Kind of property taken.

Value of

property

taken.

Long Horn ....... ......

Red Blanket . .........

Joe Harris (guardian of the

heirs of Kettick).

ED ks ea ca saw ens

DE Kindeb'ss Vseaceses

i SE 6 ks hase eee sas

CE Gang mids SN 05s vas <c

Jim Cabt ear Ackaven: 4

Beaver bore ’s wife .. - .

Nancy — (guardian

of James Walshe).

Co-ta-pe-a-se. 6.0.6... eee

2 eee

PEE cn beac degesacesss

Cheleskee :.............

Little Wilson .............

Nancy Poneaker ..........

ok Sea ree

John Cherokee ... .......

Preyer ETT ere

OE eee

Nancy Smith ............

PPS eee

Nancy Blackfoot ...... ...

Bliza Pecans............0.

Susey Woaco, Joe’s widow.

Ce Ee

Jackson Clark ...........

Young Squire Sam (guard-

ian).

— (Muskogee, guard-

ian).

Carried forward..|. .

10 Brought forward.

Jimmy Ellis ........

. £y eee

Shawneego .............

Ree eee

Big. - (guardian of Jim

y).

Sam Charley .............

Kitty Charley ..... .....

Shawnee Jim.............

Young Selack......... ...

Jinney Beaver............

Kes-se-ka

ee ee ee)

SEFFSESIPSS FFF

eee eee

ee

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JOHNSON

BLACKFEATHER, ETC.,

VS. THE UNITED STATES.

Schedule B—Continued.

&

& Value of

A. Name of claimant. Kind of property taken. property

S taken.

é

A

@38 + John Taylor... ....6....05 Horses, cattle, farming tools, ae $514 50

634 | Beaver Jack .... ......... Horses, hogs, house, corn, &c. . 573 50

635 | Mary Pecan ... ......... Horses, cattle, hogs, bacon, &e.. 1,927 50

636 | William Charley.......... Do. 2,872 00

637 | Long Gibson ............. Do. 2,209 25

638 | Jinnie Lighthorse......... Do. 2,662 00

639 | Fire Gibson .............. Do. 2,378 00

640 | Betey Mahardee ......... Do. 1,550 75

641 | Nancy Hood .... ........ Do. 8,322 60

642 | Marhardee ............... Do. 3,285 50

ES F OO TR neck. cee ic eanees Do. é 7,149 00

ak eae Horses, cattle, farming tools, ke. 1,157 50

645 woe Avg Saeeee Horses, cattle, hogs, Ke ........-. 2,818 00

646 | Jack Ellis Milly .. Se Tee rs 2,599 50

647 | Jack Ellis ................ ic So rigg 3,510 75

2k) CARAS eee Br Rees 2,564 50

649 | Sally ASR IRRRR i Ss) 8 ig aaeeaw 3,707 00

650 | John Foreman............ NG eg ees CERES 1,594 50

651 | William Selack .......... eae ee 1,805 25

G52 } Jim Warrior... .......... See cs 873 00

653 | Bety Ax............ ieee _. Seer es cry 455 00

ae Rarer err a ees weer ryt 3,494 50

655 | John Ketchum ........... a ERs door We a 3,453 00

Creed Pam WON Weak on cei ee Wa nen RG $483, 768 44

ll Brought forward. .|. ...cccceccc ces seesececees secees $483,768 44

656 Doctor George ..... "Horses, = Serre Te 2,697 50

G3 EPs eae Wemaee Sear ee es A 2,829 50

658 | Nancy Johnson.......-... De ‘ute DRaes 6,399 25

659 | Le-quar-passie ........... = horses, cooking utensils, 912 75

660 | Julia Pecan............-. term, cattle, hogs, &e ..... ...- 1,188 25

RO eee Me ie A eecana kas 2,206 25

BR eee Horses, stock, hogs, &e........... 405 00

663 | Little Bear ........ eases Horses, cattle, hogs, corn, &e..... 1,608 7

oS ear rege Do. Gitex 1,316 75

665 | Jim Washington .... ..... Do. 4,919 25

26 OO eee eee _ eee 4,465 50

667 Wild ROD Sa veadas vaacesets Do. ‘ 3,270 50

668 | Billy Taylor. ............ SSS eee 698 90

669 | Black Snake.......... Vives Sieh hme mua eee 1,364 75

2S 8 eer ree SP Ree enie st ye 2,317 00

671 | Doctor Robison........... Do. 890 00

672 | John Chickasaw .......... Be oY yee 1,741 30

673 | Jinney Wilson............ Bc Ee 2,308 00

674 | Shawnee Betsey ......... eee 2,259 50

675 | Ounah-quash-see .. ...... Horses, outhouses, cattle, &e ..... 1,192 50

676 | George Fish . ..... -..... House, corn, horses, &e .... .. «. 634 00

677 | Short Betsey.............. Horses, ponies, cattle, Bikes 1,555 50

No. of claims, 322;) aggregate amount ...........+5++ $530,945 14

ee

JOHNSON BLACKFRATHER, Etv., VS. THE UNITED STATES. 9

That all of the said claims arise out of treaty relations with the

United States and as rights growing out of such treaties, to wit,

articles 11 and 14 of the treaty of May 10th, 1854, and acts of Con-

ress, to wit, sections 2154 and 2155, Revised Statutes ; that the said

described property was taken from the said Shawnee Indians and

the depredations committed against them and their property afore-

said by white men and citizens and soldiers of the United States

since and after the time the said Shawnee Indians made and

12 _ entered into the treaty with the United States of May 10th,

1854, and while the said Shawne. Indians were located and

permanently residing and living sarge on their own lands in

the said State of Kansas and the Indian Territory, to wit, in the

ears 1861 up to and including the year 1866, and that at the time

and all the time the said Shawnee Indians were so living and resid-

ing in amity and peace with the citizens of the United States, the

citizens of the several and surrounding States, and with all the In-

dians and Indian tribes, and that the said Shawnee Indians owned

and possessed their lands in the said State and Territory under the

rovisions and stipulations of treaties made and entered into with

the United States in the month of November, 1825, the month of

August, 1831, and May, 1854, in the said State and Territory, and

that they possessed and occupied said lands as their homesteads and

farms, and that the said Shawnee tribe of Indians and the said Shaw-

nee claimants herein at all times before and since the time of making

and entering into said treaties have done, performed, rendered, and

kept all the covenants, obligations, promises, agreements, and duties

as is stipulated and provided in all of the articles of the aforesaid

treaties and in all of the treaties made by and between the United

States and the said Shawnee tribe, and that they have at all times

abstained from the commission of depredations and complied with

the laws in such cases made and provided.

3. Petitioner again states that the said Shawnee tribe of Indians

and the above-named Shawnee claimants all have been always loyal

and true to their allegiance to the United States Government; that

in the late rebellion the said Shawnees were all loyal and true to

the Union cause and a large number enlisted and served in the mil-

itary service of the United States and served during the war, and

that the said State of Kansas was a loyal State and never went out

of the Union during the time of the late rebellion, and that

13 _ the said Shawnee Indians, claimants herein, nor the Shawnee

tribe or nation of Indians have never sought private revenge

nor have they or any of them attempted to obtain satisfaction by

any force or violence on account of the taking and despoiling them,

the said Shawnees, of their said property, and that no part of the

said property has ever been returned to the said claimants, either or

any of them, nor have they received payment for the said property.

4. Petitioner again states that the amounts of money claimed by

the said Shawnees for the losses and destruction of their aforesaid

property sustained and suffered by them, the said Shawnees, at the

aforesaid times and places, are specified and set opposite each of the

said aoe names, as appears in the above descriptive list and

—276

10 .

JOHNSON BLACKFKATHER, ETC., VS. THE UNITED STATES. |

schedule, for which said several and divers amounts this petitioner

prays judgment of this honorable court upon the facts vod. the law,

and that the court will decree and adjudge ten per centum of the

aggregate amount of the said claims to be paid to Denver &

Brownell, their heirs or successors, for the payment of and compen-

sation to them for their attorneys’ fees in this case, and an additional

amount to repay and reimburse them or either of them for money

which they or either of them may pay and lay out in the prepara-

tion, presentation, and prosecution of the said claims in this court or

to any other court which the said claims may be appealed to c> re-

ferred to, in compliance with the acts of Congress referring these

claims to the Court of Claims, and for such other and further relief

as shall appear to the court right and just to the said Shawnee In-

dians ; and this petitioner will ever pray.

JOHNSON BLACKFEATHER,

By CHARLES BROWNELL,

His Attorney-in-fact.

DENVER & BROWNELL,

Attorneys for the Petitioner and the Claimants.

14 Unitep.Srates oF AMERICA, ae

Washington, District of Columbia, } pie

Charles Brownell, first sworn, on his oath states that he is the

attorney-in-fact for the petitioner, Johnson Blackfeather, and the

Shawnee claimants herein described in the above petition ; that he

has read the above and foregoing petition and knows the contents

thereof, and that the same are true of his own knowledge and belief

except as to the allegations as are stated on information and_ belief,

and as to those he believes them to be true.

CHARLES BROWNELL.

Subscribed and sworn to before me this Ist day of August, 1892.

[sEaL.] JOHN T. MITCHELL,

Notary Public.

15 (1-482.)

De«ePARTMENT OF THE INTERIOR,

WASHINGTON, August 2, 1892.

I, George Chandler, acting Secretary of the Interior, hereby certify

that the papers hereto attached are true copies of the originals now

on file and of record in this department.

In testimony whereof I have hereunto subscribed my name and

caused the seal of the department to be affixed the day and year

first above written.

[swav.] GEO. CHANDLER,

Acting Secretary.

;

JOHNSON BLACKFKATHER, ETC., VS. THE UNITED STATES. 11

Exuisit D.

(Copy.)

DEPARTMENT OF THE INTERIOR,

OrricE oF INDIAN AFFAIRS,

WAsHINGTON, January 23, 1867.

Sin: I have the honor to transmit herewith for your considera-

tion sundry papers relative to the claims of Shawnee Indians, of

Kansas, for indemnity for losses sustained by them during and since

the late rebellion. These papers comprise copies of the letter- of

Agent Abbott transmitting them to this office and of a communica-

tion by the Shawnee council upon the subject, besides the original

report of Agent Abbott, before whom the testimony was taken, and

the affidavits to establish the claims.

The council base these claims upon the right of the Indians to

protection from the Government of the United States while them-

selves observing their treaty stipulations, and reference is made for

precedent to previous acts of Congress recognizing that right, par-

ticularly to article 11 of the Shawnee treaty of 1854, by which the

sum of $27,000 was provided to be paid for losses of the Shawnees

by immigrants passing through their country, and to chapter XL of

the Laws of 1860 (vol. XII, Stat. at L., p. 15), by which the

16 Government appropriated $36,711 for the payment of losses

of these Indians during the then recent troubles of Kansas.

The list of claims now presented, as stated in Agent Abbott’s report,

amounts to $106,928.75, but on examination of the papers errors

are found to exist, a correction of which makes the proper footing

$109,746.25.

The evidence presented in order to establish these claims is not,

certainly, such as ‘n most cases would be deemed sufficient in the

case of claims by white citizens against the Government, but on

comparison of these papers with the evidence on file in the matter

of payment of some $37,000 under the law of 1860, above cited, it is

apparent that the same class and character of affidavits as are now

presented were then deemed sufficient to warrant payment, and per-

haps the evidence, under the circumstances, is as good as the nature

of the case admits.

Agent Abbott, in his report herewith, comments at length upon

the nature and character of the evidence, and your special attention

is invited to his remarks and explanations upon that subject. The

course taken in 1860, when the Shawnee claims came scbder consid-

eration by this office, was to refer the matter to the department,

with the recommendation that Congress be requested to place an

appropriation at the disposal of the department sufficient to pay the

claims, so much of the amount to be paid to the claimants as shall

be found on further examination to be ri htfully due. The same

course is now recommended and for the following reasons, to wit:

Ist. The Shawnees, as a friendly tribe, strictly regarding their

treaty stipulations with the Government and abstaining from acts

12 JOHNSON BLACKFEATHER, ETC., VS. THE UNITED STATES.

of private revenge or retaliation, but relying upon the good faith of

the Government, are entitled to its protection under the 14th article

of the treaty of 1854 and to remuneration for losses sustained at the

hands of its citizens.

2d. It is apparent from an examination of the evidence that the

Governmeut had the use for its troops of a large amount of the prop-

erty taken.

3d. There is an abundant prima facie case established to justify

the department in asking Congress for an appropriation of a suffi-

cient amount to meet the claims, and then the department can then

proceed to take such additional evidence as may be deemed

17 necessary to enable it to do substantial justice in the prem-

ises.

Very respectfully, your obedient servant,

(Signed) LEWIS V. BOGY,

Commissioner.

Hon. O. H. Browning, Secretary of the Interior.

(Copy.)

DEPARTMENT OF THE INTERIOR,

WasHINGTON, January 30, 1867.

Hon. Thad’s Stevens, chairman Committee on Appropriations,

House of Representatives.

Sir: I have the honor to transmit herewith a copy of a communi-

catiou, dated the 23d instant, from the Commissioner of Indian

Affairs and accompanying papers submitted by him to this depatt-

ment in relation to claims of Shawnee Indians of Kansas for in-

demnity for losses sustained by them during and subsequent to the

late rebellion, and who rely upon the stipulations of the 14th article

of their treaty with the United States of 10th May, 1854, “to have

their rights vindicated.” These papers comprise copies of the letter

of Agent Abbott and of a communication by the Shawnee council

upon the subject.

The claims presented to the department amount to $109,746.25,

and in view of. the facts set forth in the papers now enclosed the sub-

ject is commended to the favorable consideration of your commnittee.

The report of Agent Abbott, a list of the Shawnee claims, and the

evidence sustaining the same are also herewith submitted.

Very respectfully, your obedient servant,

(Signed) O. H. BROWNING, Secretary.

Order.

It is hereby ordered, that the petition be so amended as to strike

out all references to treaties and acts of Congress.

March 13, 1902.

By tae COURT.

JOHNSON BLACKFEATHER, H'TC., VS. THE UNITED SPATES. 13

- 18 Il.—Demurrer. Filed December 28, 1900.

JounsoN BiackreaTHER, Principal Chief, &c.,

v. No. 17210.

Tue Unrrep States.

And now come the said defendants, by their Attorney General,

and demurring to the amended petition in this cause, state as the

round thereof that the said amended petition does not allege facts

sufficient to constitute a cause of action.

L. A. PRADT,

Assistant Attorney General.

19 {II.—Opinion of the Court. Filed February 17, 1902.

Demurrer.

Wetpov, J., delivered the opinion of the court:

On the 3d day of August, 1892, the claimant filed a petition in

which it is alleged that the petitioner, Johnson Blackfeather, brings

suit as the principal chief of the Shawnee tribe or nation of Indians

under the provisions of an act of Congress entitled “Aa act to refer

to the Court of Claims certain claims of the Shawnee and Delaware

Indians and the freedmen of the Cherokee nation, and for other pur-

poses,” approved October 1, 1890, and make said act au exhibit and

part of his petition.

It is further alleged as a basis upon which the suit is brought that

to said act there is a certain amendatory act entitled “An act to refer

to the Court of Claims certain claims of the Shawnee and Delaware

Indians and freedmen, and for other purposes,” approved July 6,

1892, which act is also made an exhibit.

It is further alleged that under and by virtue of the provisions of

said acts there is a liability against the United States for depreda-

tions committed by white citizens of the United States in the State

of Kansas and the Indian Territory upon the property of said In-

dians at divers times and places in the year 1861 and up to and in-

cluding the year 1866, amounting in the aggregate as damages to

the sum of $109,746.25, as ascertained by the Secretary of the In-

terior in January, 1867, shown in Exhibit D. An exhibit is then

made of the different amounts claimed by other individuals repre-

sented by the petitioner, amounting to the sum of $530,945.14, as

shown in Exhibit B, made part of the petition.

The alleged depredations consist of the taking and destruction of

a by the white citizens of the United States belonging to the

ifferent Indians represented in the petition, which property consists

of horses, mules, clothing, and other and different varieties of per-

sonal property.

It is alleged that said claims arise out of treaty obligations with

the United States, to wit, articles 11 and 14 of the treaty of May 10,

a

14 JOHNSON BLACKFEATHER, ETC., VS. THE UNITED STATES.

1854, and the acts of Congress, to wit, sections 2154 and 2155

20 of Revised Statutes; that the property was taken from said

Shawnee Indians, and depredations committed against them

and their property, by said white citizens and soldiers of the United

States since and after the time said Indians made and entered into

said treaty of May 10, 1854, and while the Indians were located and

aa aeng Od residing and living peaceably on their own lands in the

ndian Territory, to wit, in the year 1861, up to and including the

year 1866.

It is further alleged that the said Indians have not, either as indi-

viduals or as a nation, sought to be revenged, nor have they or any

of them attempted to obtain satisfaction on account of the taking of

said property.

To the said petition the defendants have filed a demurrer, in which

it is alleged as a ground of demurrer that the petition is insufficient,

(1) because it appears upon the face thereof that the court has no

jurisdiction, and (2) because said petition does not allege facts suffi-

cient to constitute a cause of action in this regard.

The eleventh section of the treaty of 1854, upon which is predi-

cated the claim of the petitioner, is in substance that, it being repre-

sented that many of the Shawnees have sustained damage and loss

by reason of emigration passing through their country and because

of other causes, in violation of the guaranties made for their protec-

tion by the United States, it is agreed that there shall be paid as

consideration to the Shawnees the sum of $27,000, to be taken and

considered in full satisfaction of such elaims and all others of what-

ever kind, and release all demands and stipulations arising under

former treaties, except the perpetual annuities; and all Shawnees

who have sustained damage by said causes shall, within six months

after the ratification of the treaty, file claims for such damages with

the Shawnee agent, to be submitted by him; and the amount in

each case approved shall be paid by sueh agent, provided the whole

amount of the claims thus approved shall not exceed the said sum

stipulated ; and provided further that if such amount shall exceed

the sum, then a reduction shall be made pro rata from each claim

until the aggregate is lowered to that amount.

Article 14 of the same treaty provides, in substance, that the Indians

acknowledge their dependence on the Government of the United

States, and invoke its protection and care; that they will abstain

from the commission of depredations, and comply, as far as they are

able, with the laws in such cases made and provided, as they will

expect to be protected and to have their rights vindicated.

It is insisted by the defendants that the court has no jurisdiction,

unless it be by virtue of the actsof 1890 and 1892, because the claims

arose between 1861 and 1866, and are long since barred by the

statute of limitations. 2

It will be seen by the allegations of the petition that the action 1s

not brought to recover a sum due the Shawnee tribe, but as a pro-

ceeding to enforce an obligation against the Government for the pay:

ment of personal losses of individual Indians.

The aggregate amount claimed in Schedule B of losses embrace¢

foitNsoN BLACKFKATHER, Kitc., Vs. THE UNIreD states. 15

in the petition is the sum of $530,945.14, and it is alleged with refer-

ence to such claims that they arise out of treaty relations with the

United States, and as rights growing out of such treaties, to wit, ar-

ticles 11 and 14 of the treaty of May 10, 1854, and the act of Con-

gress, to wit, sections 2154 and 2155, Revised Statutes, and that the

yroperty so described was taken from the Shawnee Indians

21 _—sindividually, and the depredations committed against them

by white citizens and soldiers of the United States since the

making of the treaty of May 10, 1854.

The claim of the petitioner, according to the allegations of the pe-

- tition, is founded upon the liability assumed by the defendant in

the eleventh and fourteenth sections of the treaty of 1854, and the

right of action, which is by the petition prosecuted, is founded upon

the two acts of Congress aforesaid, to wit, that of 1890 and that of

1892.

A very able argument was made by counsel for the claimant to

maintain the right of each individual Indian, under the acts aforesaid,

to prosecute his individual right in and through the medium of the

jaintiff in this cause, who is the principal chief of the Shawnee In-

ians. Confining the discussion to the right to bring suit in the form

of the petition, it is not pretended that the Indians in their tribal or

aggregate capacity as an entity were damaged by the alleged depre-

dations of the persons stated in the petition. That being true, one of

the questions presented for the determination of the court is as to

whether a petition framed upon the theory of the individual right of

the Indian can be maintained under the provisions of those statutes.

The act of 1892, seems to have been enacted for the purpose of en-

larging the scope of the right given under the act of 1890. But is it

sufficiently broad to embrace the individual right of each Indian who

may have suffered a depredation at the hands of the persons alleged ?

The statute is entitled “An act to refer to the Court of Claims cer-

tain claims of the Shawnee and Delaware Indians and the freedmen of

the Cherokee nation, and for other purposes,” and provides, in sub-

stance, that they shall present to the said court all their claims against

the United States and the Cherokee nation, or against either or both

of them, of any description whatsoever arising out of treaty relations

with the United States, rights growing out of such treaties, and from

contracts, express or implied, under such treaties made and entered

into by and ahaa the said Shawnees and Cherokees, and between

them, or either of them, and the United States.

The right to sue, by the phraseology of this statute, is in the asser-

tion of rights growing out of treaties, and for contracts, express or

ae under treaties made and entered into by and between the

said Shawnees, Cherokees, and the United States. Can it be said that

there has been a treaty, a contract, express or implied, between the

United States and the individual Indians, who, through the medium

of the principal chief, are now prosecuting these claims?

The attention of the court is called to the fourteenth section, which

ood that “the Shawnees acknowledge their dependence on the

vernment of the United States, and invoke its protection and care.

That they will abstain from the commission of depredations and com-

16 JOHNSON BLACKVEATHER, Ere., Vs. THE UNITED sTatKs.

ply, as far as they are able, with the laws in such cases made and ap.

proved, as they will expect to be protected and have their rights

vindicated.” Does this phraseology establish contractual or treaty

relations, having the effect of contracts, with each individual [ndian

composing the Shawnee tribe? Or, rather, is it not a general clause,

limited in its effect to the parties to the treaty, to wit, the United

States on one side and the Shawnee tribe upon the other?

The plaintiff, by the allegations of the petition, has asserted an

individual obligation existing between the United States and each

of the claimants, and in order to recover it must appear that such a

relation exists.

22 The United States, as the guardian of the Indians, deal

with the nation, tribe, or band, and have never, so far as is

known to the court, entered into contracts, either express or implied,

compacts or treaties with individual Indians so as to embrace within

the purview of such contract or unlertaking the personal riglits of

individual Indians.

The acts of Congress referred to by the allegations of the petition

and the argument of counsel for the claimant, are not applicable to

the claim made by this petition. The condition upon which remu-

neration to the Indian is to be made under section 2154, Revised

Statutes, is not shown to exist in this case. And so it may be said

of section 2155 of Revised Statutes, that the condition upon which

the Indian is entitled to remuneration out of the Treasury is not

shown to exist in the claims made in this proceeding.

The act of 1892 specifies that the Shawnee tribe or band of In-

dians, whose claims and demands against the Cherokee nation and

the United States were referred to the United States Court of Claims

for adjudication under the act of Congress passed and approved Oc-

tober 1, 1890, shall present to said court all their claims against the

United States. The claims referred to this court under the act of

1890, were the claims of the Shawnee tribe or band of Indians, and

not the persona! claims of the individual Indians belonging to said

tribe or band of Shawnees.

The evident object of the act of 1892, was to enlarge the jurisiic-

tion of this court with reference to the same class of claims as were

cognizable under the act of 1890, to wit, the claims of the Shawnee

tribe or band of Indians.

It is insisted by defendants’ counsel that the statute of limitations

bars the right of proceeding. In the view which the court has taken

of this case it is not necessary to pass upon that question. The act

of 1892 was before the Supreme Court of the United States in the

case of United States v. Blackfeather (155 U.S., 180), and in that case

the Supreme Court said in substance that it was by no means cer-

tain that, under the acts of 1890 and 1892, the Shawnees were au-

thorized to recover and collect from the Government any other

moneys than those which were claimed in their tribal relation.

The money in question was not due the tribe as such, but to certain

individual orphans, who claimed to have been defrauded.

It may have been unnecessary for the Supreme Court, in the de-

cision of the question involved in that proceeding, to pass upon the

JOHNSON BLACKFEATHER, ETC., V8. THE UNITED STATES. 17

individual right of the Indian, but the court, in dealing with the

uestion involved in that proceeding, has expressed an opinion in-

Beating the proper construction of the act of 1892, with reference to

the rights of the United States and the Indians.

But, waiving all criticism on the form of the proceeding, the

fundamental question is, as to whether, under the treaty of 1854,

and the Revised Statutes cited by the claimant, any right exists to

recover against the United States, founded cither upon the treaty or

the statutes.

The eleventh article, as has been stated, provides for the payment

of a specific amount upon the condition that the claims arising

under said section shall, in the aggregate, amount to that specific

sum, and that in case such claims do not aggregate that sum, the

residue shall be appropriated as the council of the Indians shall

direct. That sum has been paid, and this proceeding is not based

upon any liability of the United States for the non-payment of any

portion of that amount.

In the argument herein it was insisted by claimant's counsel that

the fourteenth section, acknowledging the dependence of the In-

dians and their obligation to abstain from Teptedation: and the

guaranteed protection to the Indians, constitutes a legal basis, upon

which the claims can be maintained, assuming that the act of 1892, °

gave the right of action in this court.

The general guaranty of the Government to protect the Indians,

in consideration of their submission to the law, is not sufficient, in

the opinion of the court, to constitute the basis of the claim alleged

and sought to be maintained by this petition, nor is the right given

under the Revised Statutes, and therefore the demurrer is sustained.

28 1V.—Demurrer Sustained.

At a Court of Claims held in the city of Washington on the 17th

day of February 1902, it was ordered that the demurrer to the

amended petition in the above-entitled cause be sustained.

By tHE COURT.

24 V.—Application for and Allowance of Appeal.

From the opinion and judgment of the court in the above-entitled

cause, rendered February 17, 1902, in favor of the defendants, the

claimant by his attorney therein, this 20th day of February 1902,

hereby makes application for and gives notice of an siiooal to the

Supreme Court of the United States.

JOHN- BLACKFEATHER,

Principal Chief of the Shawnee Indians,

By JOHN ©. CHANEY,

His Attorney.

Filed February 20, 1902.

Ordered, that this appeal be allowed as prayed for.

By tHe COURT.

February 20, 1902.

3—276

18 JOHNSON BLACKFKATHER, ETC., VS. THE UNITED STATES,

25 Court of Claims.

Jonnson BLackFEaTHER, Principal Chief of the Shaw-

nee Tribe of — for the Use, &c., No. 17210,

Unitep STArEs.

I, John Randolph assistant clerk Court of Claims, hereby certify

that the foregoing are true transcripts of the pleadings in the above-

entitled cause, of the opinion of the court,—of the judgment of the

court sustaining the demurrer, of the application for and allowance

of appeal to the Supreme Court of the United States.

In testimony whereof I have hereunto set my hand and affixed

the seal of said Court of Claims this 15th day of March A. D. 1902.

{Seal Court of Claims.]

JOHN RANDOLPH,

Ass’t Clerk Court of Claims.

Endorsed on cover: File No. 18,455. Court of Claims. Term

No. 276. Johnson Blackfeather, the principal chief of the Shawnee

tribe of Indians, for the use & benefit of the Shawnee Indians, appel-

lant, vs. The United States. Filed March 19’, 1902.