CHICKASAW LETTERS -- 1828

John Bell to James Barbour, 3 JUL 1828:

Cotton Gin Port

July 3rd, 1828

To the Honorable

James Barbour

Secretary of War

Sir,

Agreeably to your request contained in a letter from Col. Thos. L. McKenney, dated at the War Department, Off. Ind. Affairs on the 11th of April last, I have the Honor to report that according to instructions I have collected and included such proofs as the Chiefs of the Chickasaws had to furnish in support of the seven principal charges refered to in his letter against their Agent, Major Benj. F. Smith, together with other additional charges, which you will see. Which testimony, being arranged under each charge as directed, is, as follows.

1st -- "That their agent will not attend to their wants and sufferings by prosecuting the intercourse law in the prosecution of offenders in stealing their horses."

In support of this charge, George Colbert being called in, Stated --- That some time, say two winters past, a certain Indian, named Red Drum, a relative of his, was robed of his horse, by a man by the name of George Watters, near Chamber's on the Tennessee line. That in a short time afterwards, his relative called on him, to get him to go with him to the Agents, in order to see if there was a means by which he could recover his horse, or pay for the same; if not from Watters, from the Government. He stated that the Agent told them that there was no law on the subject, obligating the Government to pay for any horses that might be stolen from the Indians by the whites; that if there was he did not know it. He said, he then asked him, if in case an Indian should steal a horse from a white man, was there any law binding the nation to pay for the same: --- He said, the agent said there certainly was. He stated--- That he then told the Agent it had been some time since he had done much business for the nation, and that he might have forgotten: but that Mr McGee, (the present interpreter) was much better acquainted with the nature of the intercourse law than himself, he would go and inquire of him on the subject. He said the agent then told him, if Mr McGee said their was any law by which he could recover pay from the Govt. he would write in and see what could be done. --- He further stated that the agent had not since that time, as he knew of, used any exertions to recover the horse, or prosecute the offender. Altho' Watters and the horse have both been seen and repeatedly heard of by both the owner of the horse and other persons, in the neighborhood of Chamber's. --- Then in conclusion he stated, that Mr Red Drum, some time in the fall of 1827, met with the agent some where in the nation, and promised to meet him in a short time at Chamber's to see to it: but that extreme high waters prevented him from meeting the agent according to appointment. (Whether the agent went on, he said he could not say, but that he had not heard since of any exertions being made on the part of the agent to recover the horse."

James Colbert next stated --- That some time in the Summer of 1826, his son James Colbert had a horse stolen from him by some unknown person. --- That some time afterwards, some person informed his brother Levi Colbert, he had seen the same horse near Tuscaloosa (Al); and that he then called on the Agent to get him to write to Col. McKee living near that place, thinking that he might perhaps hear some thing of the horse, and that his son might again recover him. He said, the agent told him, he might write himself.

He also stated --- That he had, had two more horses stolen from himself since. The first of these last, by some unknown person, who was seen afterwards crossing the Mississippi by a certain John Measles, who was well acquainted with the horse, but did not know at that time that the horse had been stolen. The last in 1827 by a certain Hiram Morrison, who was followed by John Gattis, a white man, who was then living in the nation, as far as Pikesville (Al). Where he overtook him, arrested him, and put him in jail. --- That the Justice of the Peace before whom he was tried, and commited, would not permit Gattis at that time, to bring away the horse; And that before he had an opportunity of sending for the horse, he died and he has lost him. He said, from the encouragement he met with from the agent on the first application, he did not believe him to be his friend, nor that of the nation, and that therefore, he had not called on him since."

Kilpatrick Carter, after being sworn as directed, Stated --- That some time previous to Major Smith's appointment as agent to this nation, he was called on by three or four of the Chickasaws, (To wit) Pak'-she-mas-tubby, Pak'-she, Tusk'-ka-suck'-a, and Nan'-u-pubby, to go with them to look for their horses, which they supposed were stolen by some white man. --- That they said they were unacquainted with the white people and did not like to go among them alone. --- That at their request he went. He stated that they pursued on until they caught sight of their horses, on the north fork of the Forked Deer River, (Ten) and that three of their horses were still missing. --- That after waiting there in the neighborhood for two or three days, they heard of the thief making his escape over the Tennessee River. --- That they then took the horses they had secured and returned home, and immediately set out in pursuit of him again and caught him in Hardin County (Ten), whom he found to be a man by the name of Thos Webb: but that the three horses were still missing. He stated, that he had him commited to jail; and that he understood afterwards he had broken custody. He further stated, --- That after Major Smith came into office, he was again called on by the Indians to go with them to the agent to see if there were any chance of obtaining redress; Which he said he did. --- That Major Smith then qualified him to the above transaction in substance, and asked him at the same time if he knew where this Webb then was. He said he told him he did. He stated still further, that some time after this, these Indians called on him a third time, to get him to inquire of the Agent what had been done in their case; and that on seeing the Agent, he did inquire of him concerning the business, and that the Agent observed that he had sent on his deposition, and that the Government would do nothing for them; and that the Agent told him to tell the Indians he did not wish them to plague him any more about it.

Kilpatrick Carter also stated --- That a certain other Indian named Tish'-ah-has'-mah, lost a horse; and that he called on and solicited him to make some inquiry concerning the horse, which he said he did; and that within a few weeks afterwards, found out where the horse was, by a letter from a Mr Moore living in Pikesville (Al); He said that when he received the letter, Major Smith was present. --- That he handed him the letter and told him, there was business he might to attend to without delay. --- That the agent after looking at the letter, observed to him that he (Carter) ought to attend to it immediately himself. He said he told the agent, that it was his business, that he was paid for doing it, and he (himself) was not. He further stated, that this old man afterwards frequently called on him, to see him righted, and that he as frequently called on the Agent; and that he still refused to give any satisfaction during the old mans life time: but, that some time after the old mans death, he called on the Agent in behalf of the widow in the presence of some of the Chiefs. --- That he then agreed to give her as a compensation, in lieu of her husbands horse, a certain pony, that was then at the agency. --- Which, he said, the Agent, has never done.

John McLish, being also sworn, Stated --- That he was called on by an uncle of his, Pah'-han-chubby, to lay in a complaint to the Agent concerning some horses that were taken from him some time in 1824 by a William Nigor of Monroe County (Mi). --- That after laying in the complaint to Major Smith, with the names of the witnesses who saw the act, he told the old man, that this man (Nigor) would have to be brought to conviction; if he proved insolvent, the Government would be bound to pay him for his horses. --- That the Agent requested Mr Long, then late sub-agent to attend to it; and also enjoined it on him (McLish) to go with Long, in order to assist in procuring the Witnesses. --- That he went on to Cotton Gin Port, where Long then was, agreeably to appointment, but he refused to go. He stated that it remained in this situation until 1825, when his uncle came to see him again; and that he went with him to the Agents a second time, and informed him the business had not been attended to. --- That the agent still done nothing about it; and that he made the third application in the fall of 1826, and the Agents reply still was, that Nigor must be brought to conviction: but before this time Nigor had moved out of the county and state, but that he informed him where he went. --- That so it has still rested, without any exertions on the part of the Agent to recover the horses.

Tish'-ho-mingo one of the principal chiefs, stated in support of this charge. --- through the interpreter. --- That some time, say ten or twelve years since, he loaned some money, say five hundred dollars, to a Mr Eastland of Nashville (Ten) and that in a short time afterwards Eastland became insolvent. --- That he give up the notes, or claim to John Bynum of this nation to see him righted, who placed them in the hands of some person in Columbia (Ten) for the purpose of his looking out the first opportunity of collecting it; and who held out flattering hopes, that it could be eventually recovered. He said that it remained in this situation until 1827, when he was informed by Eastland that it had been paid over to his attorney, two or three years previous to this information. That application was then made to Mr Walker of Columbia (Ten) who it seemed had received the money from Eastland; and acknowledged having received it, but said, it had been paid over to John Bynum: but that Bynum denied having received it. --- That these papers were then placed in the hands of Mr Duncan, the present Sub-Agent, for the purpose of going on in a few days, to endevour to recover the money: but he said, he had been informed by Mr Duncan, that the papers had been taken from him by the agent, and that he could hear nothing about the matter since.

John B. Duncan, after being sworn, Stated --- That he received instructions from Major Smith to go to the house of John Bynum and procure from him all the testimony of which he was possession, going to show, that J. & L. Walkers were the proper persons of whom to demand the payment of Tish'-ho-mingo's money which had been loaned to Eastland of Nashville; and also told him, that if he was put in possession of such evidence, as would, in the opinion of some good lawyers, be sufficient to get a judgment against the Walkers, he was to proceed immediately to Columbia to attend to the business. --- That on going to Bynums, he was put in possession of such papers as fully convinced him, that there could be a judgment obtained against the Walkers. --- That he told Tish'-ho-mingo that in a few days after his return to the agency, he would go to Columbia to attend to his business. -- That upon his return to the agency, he accordingly laid the papers before a lawyer, who, after examination of the evidence produced, gave a written opinion, that the money could be recovered. --- That Major Smith afterwards requested him to let him look at the papers, which he said he did; and that he has never heard since what has been done in this business: Only that Major Smith told him the next day after he had given him the papers, he had sent them on for collection. He stated further, that he urged upon Major Smith the necessity of these papers being privately shown to J. & S. Walker, because that on the face of them, there was strong proof of their having attempted to defraud Tish'-ho-mingo out of his money; and that more than likely, they would pay the money without any further trouble, rather than have the matter made public; and further, that he did not like to falsify his word with Tish'-ho-mingo. He said, that no reason he was able to name would influence Major Smith to permit him to go immediately, and attend to the business. And also stated, that he believes that Major Smiths reasons for acting as he did. was solely to gratify his vanity, by showing Tish'-ho-mingo, that he had the power of forcing him to comply with his instructions.

The Chiefs, Levi Colbert, Tish'-ho-mingo, Sam. Seily, & Tam'-she-ko, through the interpreter stated --- That some other cases of theft had been committed on the property of their people by the whites; in some of which cases repeated applications had been made to their agent for redress, without success; in consequence of which, they of late, considering him not their friend, nor that of the Nation, had measurably quit any further application.

Charge 2nd --- "That the location of the agency is nearly out of the Nation, wholly inconvenient to them, and where they did not wish it to be, and which they told him they could not agree to; and that he said the Government had ordered it there."

In support of this charge, the chiefs and head men, Levi Colbert, Tish'-ho-mingo, Sam. Seily, & Tam'-she-ko, through the interpreter, Stated --- That about the time the agent became desirous of removing the agency (the time by them not exactly recollected) he called on them, and told them in Council, he wished to remove the agency from where it was; and stated as his reasons, that the old agency was entirely inconvenient on account of wood; and that the lands were too poor, and the buildings rotten. --- That after considering the matter, they told him they were willing he should remove it, provided, he would not move further off from this old agency than eight miles. --- That some time after this, they were informed, he had located it where it now stands; and that they sent him word that they could not consent for it to be located there, and that he must not do it. --- That he told them at an annuity, which was paid there shortly afterwards, that the Government had ordered it there, and that he would not remove it. They stated that it was wholly inconvenient to them, and nearly out of their nation; and that they did not by any means agree for it to be located there. Tish'-ho-mingo stated He happened in the neighborhood the very day the agent finally made choice of his situation; and that he left word with Kilpatrick Carter's wife, to tell her husband to tell the agent, when he came to their house that evening, he must not put it there; --- That if he did, he should consider his nation without an agent.

Malcomb McGee, the present interpreter, on oath, Stated --- That he was in Council at the time Major Smith made application to the Chiefs for the removal of the agency; and that he acted as interpreter in the matter. --- That he knew the Chiefs gave permission to the agent to remove the agency on condition he would locate it within eight miles of the old place. He stated he knew it was in the extreme corner of the nation, and very inconvenient to the nation at large. He further stated that he heard Tish'-ho-mingo tell Major Smith, previous to his having finally determined, apparently, on a location, that if he removed it to where it now is, he should consider his nation without an agent. --- That he heard the agent tell the Chiefs he had a letter from the Secretary of War, who stated in his letter that he (the Secretary of War) was of the same opinion of himself; That it would be more convenient there in the corner to keep off intruders; that his sub-agent could go on one side and himself on the other, and thereby more easily prevent intrusions. --- That he said the Secretary of War had instructed him to locate it where he pleased, and not to ask the nations leave about it.

John McLish, Stated --- That he knew, that the evidence of Malcomb McGee in support of the second charge, as above related was correct. --- That he was present when the different conversations took place between the Chiefs and Major Smith, as related by Mr McGee. --- That he knew, such talk did take place.

Kilpatrick Carter, Stated --- That Tish'-ho-mingo, one of the principal chiefs, left word with his wife, as she said, to tell him, to tell the agent, when he came that evening to his house (the agent at that time having taken quarters for a while at Carters) that he must not locate the agency where he had that day made choice of a situation; that if he did he should consider his nation without an agent. He said he told the agent, the word that had been left; and that the agent said in reply, that he did not ask the chiefs any odds; that he would locate it where he pleased; that he had an order from the Secretary of War to do so. He stated further, that he knew the agency was in the North East corner of the Nation, entirely without the great body of the nation.

John B. Duncan, Stated --- That he knew that it was in the extreme part of the Nation, and not only inconvenient to the Nation at large, but like wise in attending the duties of the office of the Agency.

The Rev. Thos. C. Stuart, after being duly qualified, Stated --- That some time in the course of this last spring, Major Smith stated to him, that the location of the Agency, where it now is, was the only public act of his, which he regretted, since he had been agent for the Chickasaws. --- That he said, he was influenced by a feeling of this kind, he would let the nation see, that he would do as he pleased. That he was now sorry that such a feeling did exist at the time of the removal of the Agency; but that it was now too late. He like wise stated, that he knew that the location of the Agency was in the extreme North East corner of the Nation, within a few miles of the corner, and as changed, is wholly inconvenient to the Nation at large.

Charge 3rd --- "That he would not allow them to have the Blacksmith of their own selection. Tho' to be paid for with their own money. After they had waited and urged him for two years to get them one; --- And when at last they got one for themselves, he sent his own negro in the shop at the Agency; and sent them the man he had there."

The Chiefs, and head men, Levi Colbert, Tish'-ho-mingo, Sam Seily, and Tam'-she-ko, through the interpreter, Stated --- That they had for some time, say twelve or fifteen months or more made application to the Agent to furnish them a Black Smith, to be paid for with their own money, which was appropriated by the Nation for that purpose, as they stated, now well known to the Government.

That after the lapse of time, as above stated, he employed for them James Wadkins. That they in a short time became dissatisfied with Wadkins, in consequence of his not being able, or being incapable of attending to their business. They made application to Major Smith to furnish them another, and one that could be able to attend to their business. --- That they made choice of Mr Gattis and recommended him to the Agent as a suitable Smith for the Nation. --- That the Agent then told them, he had employed one, and that he would be on in a short time. --- That after waiting for some time, and Major Smith not having sent them one as he had promised, they then selected one for themselves, which was John Gattis; And that they directed a settlement to be made with Wadkins, for the time he had been in employ, which was done by James Colbert and John McLish on the 10th day of August 1827. --- That they instructed Gattis some time in August 1827 through John McLish to go to building a shop, and burning coal, in order to be ready to go to work as soon as possible; Which they said he did; but that not long after this, (some time in October) they were informed that Major Smith had sent them a Smith of his own selection, a man by the name of Dew, who had been working in the shop at the Agency, and thereby prevented Gattis from being their Smith as they wished. --- That Dew, the Black Smith the agent sent them, done little, or no good. --- That during the time he remained in the shop, he was almost continually drunk; And that he remained but a short time untill he left the shop. They further stated that the Agent still refused to let them have the privilege of choosing their own Smith: Tho' they stated that after Dew left the shop, the Agent profered the place to Mr Gattis, but that he then refused to accept it. --- That he then hired a negro fellow belonging to James Perry, who is now in the shop; and that the Agent still claims the right of choosing their Smith.

John McLish, Stated --- That the statements of the chiefs as above stated, to the best of his knowledge, and recollection were correct; And further, that he heard Major Smith say that Gattis, never should have that appointment.

John Gattis, being also sworn, Stated --- That some time in August 1827 he received a few lines from John McLish, informing him, that the Chiefs of the Chickasaw Nation, had made choice of him, for their Black Smith which he said, he understood was to be paid for out of the Nations money. --- That some time about the middle of October, he received a letter from Major Smith, in which he stated, he was glad to hear that he had not commenced working in the shop (which news, the agent had heard from some source), that if he had, in all probability, he would not have received a cent for his labour. --- That the Chiefs had no right to make such appointments; and that in the future, if he knew of them making any appointments without proper authority, he would have them removed, as soon as he could find men enough to do it. --- That the intercourse law had clothed him with that authority. --- That he had filled that appointment in the person of Capt. Dew, which should stand good, untill he thought proper to change him. He further stated, --- That previous to his having received the Agency letter, relying on this appointment, he had erected a shop and burnt coal for the purpose of going immediately to work; and that in consequence of being deprived of this selection, he had lost his labour, and was not likely to get anything for it.

James Wadkins on oath Stated --- That he heard the Agent say some time in October 1827, that it was well Mr Gattis did not go to work in the Nations shop, that if he had, he would not have received a cent for his services. --- That he was bearer of the letter from Major Smith to Mr Gattis (above refered to by Gattis). --- That he likewise heard the Agent say that Gattis should not leave the place; but that the agent stated at the same time, that if the chiefs had consulted him on the subject, before they made the selection, he would have given Gattis the appointment.

Kilpatrick Carter Stated --- That he heard Major Smith say some time in October 1827, he did not care whether the nation let Dew work or not. --- That if Gattis worked for them he should not have a cent for his services. That Dew should have his pay, whether he worked or not; And that he would let the Nation know, that they were not to make appointments.

John B. Duncan Said --- That some time in October last, Major Smith informed him, that he had received a letter from Col. McKenney instructing him, to let the nation select a Smith for their own shop. --- That he heard the Agent say, at the same time, that he should think proper, not to comply with Col. McKenney's instruction --- That he would let the Nation know, that he was the man to make appointments.

4th --- "That he told them in open council, and before the Commissioners Genls Coffee and Hinds, that he would do them all the injury he could; And that they told him to do it."

The Chiefs, and head men Levi Colbert, Tish'-ho-mingo, Sam Seily, and Tam'-she-ko, through the interpreter Stated --- That Major Smith did tell them in open council, and before the Commissioners Genls Coffee and Hinds, that he would do them all the injury he could; And that they did tell him to do it.

John McLish, Stated --- That he heard the Agent and the Chiefs disputing before Genls Coffee & Hinds about some charges which the Chiefs should have sent out to the Secretary of War, against the Agent; And that whilst they were disputing, Major Smith observed to them, he would do them all the injury he could; And that he believed the chiefs did tell him to do it.

Malcomb McGee also Stated --- That the Chiefs had sent on some charges against Major Smith to the Secretary of War; And that at the time of the treaty and before Genls Coffee & Hinds, Major Smith by some means having heard of these charges being sent on, stated to the Chiefs, that he had written on eight days after they had written; And that he had gotten an answer to his; And told Colbert and the Chiefs, that if they would show him the copy of the Charges they had sent on, his was perhaps an answer to it. --- Upon which they told him, if he would show his first, they would. --- That the Agent refused, became enraged, and told them he would do them all the injury he could; And that then, the Chiefs told him to do it.

5th --- "That they as Chiefs have no confidence in him."

The Chiefs, and head men Levi Colbert, Tish'-ho-mingo, Sam Seily, and Tam'-she-ko, through the interpreter Stated --- That they as chiefs had not any confidence in him, neither as their agent, nor their friend. --- That their reason for not believing him to be their friend and a good agent, was because, when he first came to their nation, and after since, he promised them many great things; And that he had scarcely fulfilled a single promise. --- That when he first came among them, he told them, he was going to make them a great nation; And that he had not done it, nor was he likely to do it. --- That instead of trying to make them a great people, they believed, that he was under taking to oppress them on every side; And was trying to deprive them of the few and small privileges which they as a weak and dependent nation have heretofore enjoyed. --- That he told them when he first came to their nation, that he had not come to make money; it was for Honor; and that they and their children might some day have it in their power, to point to him, and say, that he was the man that had raised them to a state of prosperity and greatness. But they said, from the course he had taken, it was not for Honor, as he had said, but that it was for money. --- That Col. Nicholas, when he first came amongst them, talked just like he did; And that he ran away with their money.

Charge 6th --- "That he through his interpreter, circulated through their nation, a report, that the head men Levi Colbert, Tish'-ho-mingo, and others, had sold their country; And that if they should go to look at the country West of the Mississippi, the treaty (holding out the idea that Col. McKenney had made such an one with them) would be binding and their lands were gone."

Ish-shu-ma-cha, 2nd head man, and Capt. Hays through the interpreter, Stated --- That Major Smith through his interpreter, asked them if they had heard of the great council, which had been held by some of their chiefs with Col. McKenney, away up near the line (meaning at Levi Colbert's). --- That he told them, their chiefs and head men had sold their country. That they had thrown away their lands. --- That he asked them if they had been invited to the council. --- That they told him they had not. --- That he then told them, if their chiefs, and head men, had not sold their country, they would before that time, have called the nation together, and given an explanation of what had been done.

Mingo-push-cuss, 2nd head man, and relation of Tish'-ho-mingo, through the interpreter, Stated --- That some time in the fall of 1827, Major Smith sent him word, that he would in a short time call and see him; And that according to promise, he did so, some time after the council (meaning the council that was held with Col. McKenney). --- That Major Smith through his interpreter asked him if he had been the great council. He said he told him he had not. --- That the agent told him, their chiefs and head men had sold their country. He said he then asked him, who they were that sold it; And that the agent told him he would not tell. He said, he supposed the reason the agent would not tell him was because Tish'-ho-mingo was a relative of his.

Cal-lu'-she-tu'-hec, whose English name is John Glover, through the interpreter, Stated --- That Major Smith through his interpreter, some time this last winter told him, that their chiefs and head men, Levi Colbert & others, had secretly sold their country.

James McLaughlin, the agents interpreter, being then called in, Stated --- That some time this last winter, he thinks in January, himself and Major Smith took a tour through the Nation; And that Major Smith made it his business to call on all the Indians in his route; And like wise on all he met in the road that would stand long enough to hear him, and tell them through him, that the chiefs and head men, who met Col. McKenney in council had conditionally sold their country; and that if they went to look at the country West of the Mississippi, their lands were certainly gone. --- That he told Ish-she-ma-cha, Capt. Hays, John Glover, and Mingo-push-cuss the amount of what they have stated.

Being asked if he knew the object the agent had in view, in circulating this report -- answered --- That Major Smith told him it was for the purpose of injuring the chiefs and head men, and more particularly Levi Colbert.

Being asked again, if he believed the Indians to whom he told these things, by the instructions of the Agent, knew the difference between a conditional and valid sale -- answered --- That he did not believe they did, and more particularly from the manner in which he interpreted it to them. He further stated --- That he heard Major Smith say, that if the Nation knew all that had passed between the head men and Col. McKenney in that council, their warriors would kill them; Tho' this he said he had never interpreted to the Indians. He was asked again, if after Major Smith and himself returned from this tour, before alluded to, the agent did not ask him in the presents of Mr Duncan, if he did not believe the talk he had given that fellow, had not by that time been pretty well circulated; And if it had not reference to the report in question. --- He answered --- That he did; and that it had.

He was then asked, who that fellow was --- He answered Im'-me-ne-ly-tubby.

Kilpatrick Carter, Stated --- That he heard Major Smith say that if Major Colbert and others who met with Col. McKenney in council, did not mind, they would make another McIntosh business of it.

John B. Duncan Said --- He heard the Agent make a similar statement: That if they did not mind, they would make another McIntosh business of it.

Malcomb McGee, the present interpreter being asked if he believed the Indians knew the difference between conditional and valid sale --- answered --- They do not. --- And that they could not be made understand without a very circumlocutory round of explanation.

John McLish also said that they do not know the difference.

George Colbert said --- He was an old man and that he believed he knows the Chickasaw language as well as any man in the nation; And that there was no such a word in their language conveying the ides of conditional sale of any kind.

Charge 7th --- "That the head men who argue with Col. McKenney to go and look at the country had their lives endangered thereby, and that it required a full explanation in council, to appease the indignation, and excited feelings which that report had occasioned."

In support of this charge John Glover, through the interpreter, Stated --- That this report, which Major Smith circulated, through his interpreter through the nation, did occasion considerable excitement in the minds of a number of the Indians in the section of Country, through which the agent passed. --- That he hearing these things from the agent himself, felt much disturbed; and that it was his business at this council to hear the matter explained. --- That his feelings, over, and about the Tally-hatchee, does exist at this time to a very great degree. That he had heard a few days since, from undoubted authority, that it was the intention of a large number to come up when the annuity is paid them, with weapons of war, and that if the matter is not explained to them in a satisfactory manner, to take satisfaction. That he lives in the section of the country, where this excitement exists.

James McLaughlin, Said --- That he knew, that the minds of some of the Indians, in consequence of this report, which was circulated by the agent through him, were considerably soured against the chiefs who held the council with Col. McKenney. He said, that he heard George Allen, a mixed blooded native say, at a council which had been called by the Chiefs to explain the matters to the nation, that he had came for the very purpose of having the matter explained; and that if it was not done in a satisfactory manner, he would have satisfaction.

John B. Duncan, Said --- That he was at this council above alluded to; and that he heard George Allen, a mixed blooded native say, that he had heard a great deal about the Indians having sold their country; that he had came up for the express purpose of hearing the matter explained; and that if it was not done satisfactorily, their heads (the Chiefs) would be off in a short time. He said he knew, that considerable excitement did exist, in the minds of a number of the Indians, at this council. --- That he understood from George Allen, that nearly all the Indians, over towards the north western part of the Nation believed their country was sold. --- That he was present when Levi Colbert, Tish'-ho-mingo, etc., went into an explanation of what had been done at the Council with Col. McKenney, & which he said, he knew they had to do in order to remove the soured feelings of some, who met them there on that day.

Mingo-push-cuss, Stated --- That when he started to come to this meeting, being sent for to come, the King of their Nation, Hoitenpah started to come with him; and that on their way; they were met by two Indians who were drinking. That one of them attacked the King, and accused him of having sold their country. --- That the King became offended and not knowing the object of that meeting, went back; and that was one of the reasons why he was not there. He stated that he believed the King himself was not entirely satisfied on the subject, he not having been present at the council with Col. McKenney, and not having had it properly explained to him since. --- That he believed that, there was another reason why he went back.

The Rev. Thos C. Stuart, Stated --- That he knew, that considerable excitement in consequence of a report, which was said to have been circulated by Major Smith, through his interpreter, on the subject of the Indians having sold their country, was produced; and that it did require a full explanation in council to allay that excitement.

The following are additional Charges, which were made and handed to me by the Chiefs.

Charge 8th --- "That in the year 1825, the agent took out of their annuity, thirty six dollars. Which he did not tell them for what purpose; and that he had not paid it back to the Nation since."

In support of this charge, Sam. Seily, through the interpreter, Stated --- That he understood by some means, (not at that time recollected), that Major Smith had taken out of their money, thirty six dollars. --- That he went to the Agent, and asked him about it, and for it. --- That the Agent told him he had taken it and then went off and left him, and gave him no further satisfaction about it; and that he did not know that he had paid it back to the Nation since.

James Colbert, Stated --- That at the annuity, which was paid to the Nation in 1825, he saw Major Smith take out of the Nations money thirty six dollars. --- That he did not know for what purpose he done it; and that he had no knowledge of his having paid it back to the Nation since.

John McLish, Stated --- That in May 1825 he was acting as clerk at the time of the distribution of the money to the nation. --- That he saw Major Smith, take out of the Nations money, thirty six dollars. --- That he did not know for what reason he done it. --- That he made a minute of it at the time in order to refresh his recollection. That he had acted as clerk, in the payment of all moneys to the Nation since that time, excepting 1827; and that he had no knowledge of his having paid it back since to the Nation.

9th --- "That since he had been appointed Agent to their Nation, he had spent but a small portion of his time in their Nation; and that he had not remained at the Agency more than a month, at any one time, since his appointment; and that in consequence of which they have laboured under very great inconvenience, and particularly on account of getting their working tools out of the public shop."

The chiefs Levi Colbert, Tish'-ho-mingo, Sam. Seily, Tam'-she-ko, and other head men, and Indians George Colbert, Pis'-tah-la-tubby, E-mub'by, Capt. Hays, Ish'-shu-ma'-cha, Ish'-to'-mo-lat'-ka, and James Brown, through the interpreter, Stated --- That their Agent Major Smith had spent but a small portion of his time in their Nation since he had first came among them; the precise time, they said they did not pretend to say; but that they did not believe, that he had remained at the Agency, more than a month at any one time, since he had received his appointment; and that in consequence of his almost continuous absence from the Agency, themselves and their people had laboured under a great deal of inconvenience and more especially on account of getting work out of the public shop.

John McLish, Said --- That he knew, he had spent but a small part of his time at the Agency, decreeing the time he stay'd at the old place. --- That since the removal of the Agency to where it now is, he knew nothing on the subject of his own knowledge. --- That he believed he did not remain at the agency, whilst it was at the old place more than a month at any one time. --- That his absence produced much inconvenience. --- That he knew of many applications that were wished to be made, if there had been any possible chance of them being attended to.

Kilpatrick Carter, Said --- That since the removal of the Agency to where it is now, he believed the agent had not spent more than a month at any one time at the agency since its first establishment. --- That he was then absent, and had been for nearly three months.

John B. Duncan, Stated --- That he knew the agent had been pretty generally absent from the agency, since he had been at the agency himself. The precise time, he said he would not pretend to say, but that he did not believe he had remained at the agency more than a month at any one time since he had been in office, himself. --- That he had frequently taken long trips, and that if on public business at all times, he did not know it. --- That he was then absent, and had been for nearly three months; and that he restrains him from giving out any more new work in his absence, out of the public shop.

Charge 10th --- "That in the year 1826 the Agent had men employed as Black-Smiths in the public shop at the Agency, at a price, greatly inferior to that which he charged the Government; and that they were not as good workman as might have been procured for the amount of money paid by the Government for these purposes; in consequence of which the shop was badly conducted. That the Indians found it more convienent to take their work to the white settlements, and pay for their work, rather than to depend on getting it done at the shop at the agency."

In support of this charge, George Colbert, Pis'-tah-la-tubby, Ish'-shu-ma'-cha, Capt. Hays, and James Brown, through the interpreter, Stated --- That they had frequently apply'd for work in that year (1826) and could not get it done, at the time. --- That they generally found the Black-Smith in the corn-field, instead of working in the shop. --- That they did not believe the Smith was a good one (meaning the one the agent had employed in 1826). That they thought it better for them to take their work to the white settlements, and pay for it, rather than to depend on getting it done there.

Kilpatrick Carter, Stated --- That the Black-Smith, the Agent had employ'd in the public shop at the agency in 1826 was not a good Smith; not as good as might have been procured for the amt. of money, that the Government paid for that purpose. --- That nearly half his time, he had no coal in the shop; and that for the most part, he was working in the corn-filed. --- That he knew of a great many Indians who apply'd, in that year, for work and could not get it done; and that they had to take their work to the white settlements. --- That he lived in a mile of the agency and knew these things to be facts. He further stated, that in that year Major Smith hired a small boy, (Then about 14 years of age.) Who lived with him, for the purpose, as he understood of acting as interpreter in the shop; but, that he was made to act as interpreter and striker both, for the space of nearly three months at the rates of ten dollars per month. --- That the balance of the year he had no regular striker. --- That some one of the Agents negros occasionally acted as such, but, that for the most part, those who went there with their work had to associate themselves as stickers. --- That there was but little work done in the shop that year, excepting for three or four tolerable rich settlers, who lived in the neighborhood; and who had paid him for their work, full price. --- That he heard Robert J. Terry, the man whom Major Smith hired the public Black-Smith of that year, say, that the Agent gave him $150 in Kentucky paper; and that he told him likewise, that he had discharged it with seventy five dollars in good money. He stated tho', that this shop is much better conducted at this time.

John B. Duncan was then called in, and asked, if he knew whether or not, the Smiths that were employ'd at the public shop at the Agency in the year 1826, were good Smiths, and whether he did not believe, that better might have been procured for the amt. of money the Government paid for that purpose --- Answered --- That at the time he first came to the Agency in 1826, the Smiths employ'd in the public shop was for principal Smith, a negro fellow belonging to Robert J. Terry, then citizen of Kentucky; and for striker for something like three months, a boy by the name of William Webb, then about fourteen years of age, who during that length of time was considered by him as the interpreter; but that, he was the only striker, who done any striking in the shop, during the time he remained at the Agency. As to the precise time that Wm. Webb came to the Agency, as interpreter or striker, or both, he said, he was unable to say; nor was he able, he said, to say, exactly, when he quit. --- But he said, that on being present at a settlement between Major Smith and William Webb, he knew, that Webb Received pay for something like three months, at the rates of ten dollars per month; and that during the balance of that year, any one of Major Smiths negros that was most convienent, acted as striker in the shop. As respected the principal Smith being a good Smith, and being capable of doing first rate work, he said, he was not qualified to say, as he was not a judge of Smith work, but that he was induced to believe, from circumstances which had come under his notice since that time, to draw the conclusion that he was not a good Smith; for during the present year Major Smith having purchased this negro from Robert J. Terry, and hired him to a certain Mr Findley of Tuscumbia (Al). Who was to pay him a certain price for the negro, provided, he was a first rate Smith; and that he knew, that after Mr Findley had had the boy for some short time, he returned him, and said he was not more than a second rate Smith: and that he could not give the price Major Smith asked. As for there having been a possibility of procuring a better Smith, for the amt. of money paid by Government for that purpose, he said, he was induced to believe that a first rate Smith might have been procured for the amt. of money Government pays for a Smith.

John B. Duncan, being asked again, if he knew what amt. of money Major Smith paid for the Smiths at the Agency that year (1826), and to whom he paid it --- Answered --- That with respect to the amt. of what Major Smith paid for the principal Smith, which he hired of Robt. J. Terry, he heard Terry say, that he received less than one half the amt. of what Major Smith received from the Government. That Terry told him, that Major Smith was to pay him one hundred and fifty dollars in Kentucky currency, which was discharged with seventy five dollars in good money; Kentucky money, being two dollars for one. As it respected the voucher sent on to the Government, he said, he knew it was receipted for by Major Smiths over-seer, who never received one dollar.

Mr Duncan was asked again, if he knew how the shop at the Agency was conducted in that year (1826) and if the hands that belonged to the shop, were kept constantly at work in the shop. --- To which question he answered --- That as to the hands having been kept constantly at work in the shop, he was certain, he said, that they were not engaged in the public shop, more than one third of their time, say, from about the first of April, (which was the time he came to the Agency) untill the last of November. --- That during the time they were not engaged working in the public shop, they were employ'd working in Major Smiths farm.

On examining the testimony above submitted, you will perceive that few of the Indians, besides the Chiefs, have been called in to testify in support of any of the above charges. Many other witnesses were present, whose testimony of a similar nature might have been taken down, as a further confirmation of the proofs already exhibited in this report; but was deem'd unnecessary.

To have embodied the evidence of all the witnesses who were assembled on that occasion, would, from the very great difficulty of drawing out, and arranging Indian testimony, through an interpreter, have been as tedious, as it would have been in the end, useless. Such Indian testimony therefore, only, were attended to, which appeared to be of the most undoubted, and inteligent nature.

The Chiefs, and head men of the Nation, and other Indians, who were able to testify to the same things, in order to save time and trouble, their evidence, as you will observe, have been taken down conjointly.

With regard to the character, for veracity and moral conduct, of these Indians who were called in to give evidence in support of the above complaints, few men, tho' they are Indians, with two or three exceptions, as far as I have been able to learn, stand higher, as men of truth. Some of them are occasionally given to intemperance in drink; but are never the less considered men of unquestionable veracity. Levi, and George Colbert, whose names are well known to the Government, have always been taken for men of truth, and their veracity, to my knowledge, have never been disputed. Tish'-ho-mingo, and Tam'-she'-ko, two of the principal chiefs, & Ish'-to-ma-lat-ka, E-mutby, Pes'-tal'-la-tubby, Ish'-shu-ma'-cha, and Mingo'-push-cuss, are all considered, by those who know them, to be men of veracity, & given very little to drink. Tish'-ho-mingo, in particular, deserves to be enrolled among the best of men; No man stands higher, for temperance, truth, and sound integrity. Sam Seily, one of the principal chiefs, tho' frequently given drink, is never the less, believed to be a man of truth. John Glover, is not much known in this quarter, but is said, by some of the Chiefs to be a man in good standing in his own neighborhood. James Brown and Capt. Hays, from what I have been able to learn, are not in such good standing. Hays in particular. It is said, they are both men of bad morals, and their words very little to be depended on in the general. James Colbert, in the general is believed by some to be a man of truth. James McLaughlin, the agents interpreter, is a young man whose veracity I have never heard disputed, but he is considered as being possessed of a wavering disposition, and too easily led.

John McLish, a mixed blooded native of this Nation, is a man who was raised and educated in the state of Tennessee; and who, from his good deportment, as I am creditably informed, was admitted his oath, by a special act of the legislature of that state. I thought it therefore, not improper to allow him in this case, the privilege, and benefit of his oath.

Some delay have been occasioned in the collection of the above evidence, oweing to false rumors; the busy season of the year; and the distance, and scattered situation of the witnesses, which necessarily took up some time, in collecting them. When the letter from Col. McKenney, containing your request was received; which was on the 15th of May, I went to Levi Colbert, as directed, and told him, I had been requested to examine such persons. as he might name, on all these charges. A report was at that time in circulation, that Major Smith was at Memphis, with the annuity for the Nation, and that it would be paid to the Nation in twenty days. It was therefore thought best, to let the matter lie silently at rest, untill that time, when a general collection of the Nation would take place, and that he could privately notify such persons, as he wished present, to meet at some convienent place within a day or two afterwards. After the space of fifteen, or twenty days, this report, was ascertained to be false. I went immediately again to Levi Colberts, where it was agreed upon between us, that such persons as he might think necessary, should be notified to meet at John McLishes, about six miles from the old agency, which appeared to be the most suitable and convienent place, on the 20th ult:, allowing sixteen days for notification and collection, which was done and the business attended to accordingly. Since that time, I have been employ'd in transcribing the testimony.

The business, as directed, has been attended to as privately as possible. Altho' nearly fifty of the Indians and those of the principal men of the Nation, were assembled, yet such was the caution of Levi Colbert, that not more than three or four knew the object of the meeting, until after they were collected. But, in consequence of the very great dissatisfaction which appears to exist in the minds of the greater part of the Indians against their agent, and from the great anxiety, and elated proposals, of effecting removal, not-withstanding the special manner in which I informed on them the necessity of observing silence on the subject, both at the commencement , and close of the meeting, I am afraid it is impossible for the matter to lie long at rest.

I have the Honor to be very Respectfully

Your obt Svrt

John Bell

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