No. 427.
Mr. Fish to Mr. Foster.

No. 212.]

Sir: I transmit a copy of a letter of the 8th instant and of the accompanying papers, addressed to this Department by the Secretary of the Interior. It will be observed that these relate to the embarrassments which Henry M. Atkinson has experienced in removing Lipan Indians from Mexico to their reservation in this country. From that gentleman’s statement it appears that the local authorities, at least, are [Page 895] averse to the measure, and are not indisposed actively to thwart it. This Department is reluctant to believe that the authorities at Mexico are insincere in their professions of good-will in the matter; but it is hoped that they may have control enough over the frontiersmen to cause their orders to be respected. It is difficult to see what substantial advantage Mexico can expect from keeping those Indians. So long as they stay there they are tempted to plunder and commit other acts of violence, not only upon Mexicans, but on our side, by the latter keeping up that irritation which it would obviously be wise to allay by all honorable means. On the contrary, if the savages are delivered to us to be disposed of pursuant to our policy, they are kept from harming others, and have a chance of materially benefiting their condition. You will make such representations on this subject to the Mexican government as may tend to facilitate the success of the measures which we desire.

I am, &c.,

HAMILTON FISH.
[Inclosure in No. 212.]

Mr. Delano to Mr. Fish.

Sir: I have the honor to transmit herewith a copy of a report, dated the 6th instant, from the Commissioner of Indian Affairs, and accompanying copies of communications dated March 22 and 27, respectively, from Henry M. Atkinson, special Indian commissioner for the removal of the Kickapoo and other Indians from Mexico to the United States. In view of the difficulties experienced by the special commissioner, in consequence of the persistent opposition of the Mexicans and the arbitrary action of the Mexican authorities, who, instead of co-operating to make his mission successful, have protested against the removal of the Indians, and attempted to thwart his efforts to carry out the instructions of this Department, the propriety of communicating to the Mexican government the information contained in the reports of the special commissioner, Atkinson, is respectfully submitted to the judgment of the honorable the Secretary of State.

Very respectfully, &c.,

C. DELANO,
Secretary.

The honorable the Secretary of State.

[Subinclosure 1 in No. 212.]

Mr. Smith to Mr. Delano.

Sir: I have the honor to submit herewith a copy of two letters from Henry M. Atkinson, esq., special commissioner for the removal of Mexican Kickapoos to the Indian Territory, dated Zaragoza, Mexico, March 22 and 27, 1875, reporting councils held with Kickapoos, Lipans, and Mescalleros, and his action relative to the movements of said bands. It is respectfully suggested that these communications be transmitted to the honorable Secretary of State, and his attention invited to the action of the Mexican authorities upon this subject.

Very respectfully, &c.,

EDWD. P. SMITH,
Commissioner.

Hon. Secretary of the Interior.

[Page 896]
[Subinclosure 2 in No. 212.]

Mr. Atkinson to Mr. Smith.

Sir: I have the honor to report that I have held several councils with, the Kickapoos, Lipans, and Mescallero Indians, and have just concluded a treaty with between one and two hundred Kickapoos, who agree to start at once for their reservation in the Indian Territory. A portion of the Kickapoos have since 1873 been diving near Mapimi, in the State of Durango, some 700 miles distant from here. The remainder of the tribe, about 200 in number, I found near Santa Rosa. On account of the hostile feeling on the part of the citizens of Santa Rosa to our mission, I decided to make this the place of rendezvous and negotiations. The greater portion of the Santa Rosa Indians are now here, but a few are awaiting the action of those living at Mapimi. The last-named Indians have sent me word that they were desirous of returning to the United States, but as they are so entirely destitute of means of transportation and supplies, they have requested me to furnish them there what they needed in moving. I have made a close calculation as to the cost of moving them from Durango to the Indian Territory, and find it is impossible to move them without exceeding considerably the limit of the appropriation of ninety dollars per capita, and unless they can reach here without material aid I will be compelled to abandon the idea of moving that portion of the Kickapoos. The remainder of the Indians at Santa Rosa will be governed by the action of those at Mapimi, and were it discretionary with me as to the amount of expenditure per capita, I would certainly succeed in getting all these Indians upon their proper reservation.

It is all I can possibly do to keep within the limit of those here. I have and am still laboring under the most trying difficulties. The persistent opposition of the Mexicans and the arbitrary course of their officials have been a serious source of trouble. The Mexican General Fueno, and Colonel Aquilla, commanding the troops on this frontier, gave me assurance of their co-operation in my mission, but I have been informed since then they have sent in protests to the authorities of the central government against the removal of the Indians, particularly the Kickapoos. Only within the past few days has the Mexican commissioner exhibited an apparent intention to get out of the commission all that he possibly could and then covertly defeat its success, so far as relates to the removal of the Kickapoos. They have interrupted my councils by appearing and insisting on my paying for houses which they claimed the Indians were wrongfully in possession of, but which in most cases the Indians assured me the charges were false. Yet the alcalde would summarily take the houses or demand that I should pay for them, which I absolutely declined to do, and told them to reclaim them by law. Yesterday the Mexican commissioner failed to be present at the council with the Kickapoos, and when he did come to-day he told them he was instructed by his government to say that they could go or remain here, as they might elect; and upon my request that he tell them that it was the desire of his government that they should go, he declined, claiming that it was exceeding his instructions. Furthermore, he informed me this morning that he did not desire the Kickapoos should go until the Lipans and Mescalleros went, knowing that it was the intention of those Kickapoos who were here to go to their reservation at once. I informed him that if he assumed that position at this late day, after I had collected and subsisted these Indians at a considerable expense, that I would suspend all further negotiations and report the facts to my Government, intending, however, to order the Indians to move across the Rio Grande as soon as possible, where I would prepare them for their trip to the Indian Territory. The commissioner, evidently fearing I would act as I had suggested to him, and knowing that it would necessarily reflect severely on the action of his government, consented to complete the negotiations with these Indians. The citizens here combined to put up prices on beef, flour, coffee, corn, and sugar to such outrageous prices that I had to send off to surrounding towns for such as the Indians required, and I have absolutely refused to make any more purchases here. The majority of the Mescalleros are at San Carlos, in the State of Chihuahua, and Commissioner Williams informs me that he is confident that most of them will remove to their reservation. Lipans are a small tribe, consisting of but about 20 warriors, and number in all about 70 persons. I expect to hold a council with them in a few days, but have very little confidence in accomplishing anything with them, as I have already held several councils with them. I have received nearly all the information required in your letter of December 19, 1874, in reference to the Seminoles, which I will forward as soon as I hear from those families who are scattered from the main portion of tho tribe.

I have, &c.,

H. M. ATKINSON,
United States Special Indian Commissioner.

Hon. Edward P. Smith,
Commissioner of Indian Affairs, Washington, D. C.

[Page 897]
[Subinclosure 3 in No. 212.]

Mr. Atkinson to Mr. Smith.

Sir: As previously reported by me, under date of 23d instant, there are some one hundred and thirty of the Kickapoos who have decided to go to their reservation, and they will start in a few days.

In outfitting these I will have exhausted the full amount allowed per capita, and at that, have been compelled to cut down their outfit much below what they have asked for, and which they really require for their trip. The amount of course includes all supplies furnished during their collection, and subsistence since then.

In my report of 23d instant, I stated that there were about one hundred of this tribe, at Mapimi in the State of Durango, who have sent me word that they desired to go to the Indian Territory, but owing to their destitute condition they are unable to reach here without material aid, which I cannot furnish on account of the limitation to $90 per capita, as it would cost about $60 per capita to get them here, and unless they can reach here with very little assistance, I cannot move them. There are about seventy of the tribe at Santa Rosa, who will, as I am informed, be governed by the action of those at Mapimi, in relation to removing to the Indian Territory, as they belong to the same band. Cheno, the old chief of the band referred to and who was the principal opponent of removal in 1873, is dead, and his successor is, according to their statement, desirous of leaving Mexico, believing that he can thereby better the condition of his people. If, after those of the tribe with whom I have concluded a treaty have left Mexico, and having exhausted the whole $90 per capita for “those moved,” I then continued negotiations with the other band, and after expending $500, or $1,000 in their collection for council, they failed to go, for some cause, either through Mexican influence or that the limitation precludes the possibility of my complying with their demands, could I not, under a reasonable construction of the law, be protected in the necessary disbursements for such purposes? An early reply to this interrogatory is respectfully solicited.

Some days since a lot of flour was purchased here, and delivered to the Indians, many of whom after eating some of it were taken very sick and several of them came very near dying.

The flour was undoubtedly poisoned with the expectation that the Indians would attribute the act to me and thereby defeat their removal. Fortunately the Indians knew that the purchase was made through the Mexican commissioner, and of the chief alcalde, who stored it in one of his buildings, and delivered as they required it, consequently the effect was the opposite of what they expected. The opposition of the people is more decided and determined than ever before to defeat my success.

* * * * * * *

Since my last report, the Mexican commissioner, I. Del Moral, threatened that if I did not pay for some horses, that certain parties claimed were wrongfully in possession of the Indians, and had been for two to four years, he would use force to compel the Indians to surrender them or other horses in lieu of same. The chief was present and informed the commissioner that the horses claimed were not in his band, that he had compelled his men to surrender all horses not owned by them, and that an exhibition of force would frighten the Indians and defeat their removal as they were rather wild. This explanation had no other effect than to cause a reiteration of the threat, whereupon the chief, fearing the result of such action, requested me to settle the matter in some way and not allow troops to go to the Indian camp. I therefore paid for the horses under protest.

Very respectfully, &c.,

HENRY M. ATKINSON,
Special Indian Commissioner.

Hon. Edward P. Smith,
Commissioner of Indian Affairs, Washington, D. C.