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Fifth. Officers and soldiers of the Revolutionary War, and ma-
rines, seamen and other persons in the naval service of the United
States during that war.

Sixth. Chaplains who served with the army.



Seventh. Volunteers who served with the armed forces of the
United States in any of the wars mentioned, subject to military
orders, whether regularly mustered into the service of the United
States or not. (Classes under last section specified. 3 Mar., 1855,
c. 207, ss. 1, 8, 10, p. 701, 14 May, 1856, c. 26, ss. 4, 5, pp. 8, 9.

Sec. 2427. The following class of persons are included as bene-
ficiaries under section twenty-four hundred and twenty-five, with-
out regard to the length of service rendered.

First. Any of the classes of persons mentioned in section
twenty-four hundred and twenty-six who have been actually en-
gaged in any battle in any of the wars in which the country has
been engaged since seventeen hundred and ninety, and prior to
March third, eighteen hundred and fifty-five.

Second. Those volunteers who served at the invasion of Pitts-
burgh in September, eighteen hundred and fourteen.

Third. The volunteers who served at the battle of King's Moun-
tain, in the Revolutionary War.

Fourth. The volunteers who served at the Battle of Nichojack
against the confederate savages of the South.

Fifth. The volunteers who served at the attack on Lewistown,
in Delaware, by the British fleet, in the war of eighteen hundred
and twelve. ( What classes of persons entitled under section 242 5-
without regard to length of service. 3 March., 1855, c. 207, ss. 3.
9, 11, v. 10, p. 702.)

Sec. 2428. In the event of any person who would be entitled to
a warrant, as provided in section twenty-four hundred and twenty-
five, leaving a widow, or, if no widow, a minor child, such widow
or such minor child shall receive a warrant for the same quantity
of land that the decedent would be entitled to receive, if having
on the third day of March, eighteen hundred and fifty-five.
(Widows and children of persons entitled under section 2425. 3
Mar., 1855, c. 207, s. 2, v. 10, p. 702.)

Sec. 2429. A subsequent marriage shall not impair the right
of any widow, under the preceding section, if she be a widow at
the time of her application. (Subsequent marriage of widow, 3
Mar., 1855, c. 207, s. 2, v. 10, p. 702.)

Sec. 2430. Persons within the age of twenty-one years on the
third day of March, eighteen hundred and fifty-five, shall be con-
sidered minors within the intent of section twenty-four hundred
and twenty-eight. (Minors under section 2428, 3 Mar., 1855, c.
207, s. 2, v. 10, p. 702.)

Sec. 2431. Where no record evidence of the service for which
a warrant is claimed exists, parol evidence may be admitted to
prove the service performed, under such regulations as the Com-
missioner of Pensions may prescribe. (Proof of service, 3 Mar.,

13



1855, c. 207, s. 3, v. 10, p. 702. 14 May, 1856, c. 26, s. 3, v. 11,

p. S.)

Sec. 2432. Where certificate or warrant for bounty-land for
any less quantity than one hundred and sixty acres has been issued
to any officer or soldier, or to the widow or minor child of any
officer or soldier, the evidence upon which such certificate or war-
rant was issued shall be received to establish the service of such
officer or soldier in the application of himself, or of his widow or
minor child, for a warrant for so much land as may be required
to make up the full sum of one hundred and sixty acres, to which
he may be entitled under the preceding section, on proof of the
identity of such officer or soldier, or, in case of his death, of the
marriage and identity of his widow, or, in case of death, of the
identity of his minor child. But, if, upon a review of such evi-
dence, the Commissioner of Pensions is not satisfied that the for-
mer warrant was properly granted, he may require additional evi-
dence, as well of the term as of the fact of service. {Former evi-
dence of right to bounty-land to be received in certain cases. 14
May, 1856, c. 26, s. 1, v. 11, p. 8.)

Sec. 2433. When any company, battalion, or regiment, in an
organized form, marched more than twenty miles to the place
w T here they were mustered into the service of the United States, or
were discharged more than twenty miles from the place where such
company battalion, or regiment was organized, in all such cases, in
computing the length of service of the officers and soldiers of any
such company, battalion, or regiment, there shall be allowed one
day for every twenty miles from the place where the company,
battalion, or regiment was organized to the place where the same
was mustered into the service of the United States, and one day
for every twenty miles fromi the place where such company, bat-
talion, or regiment, was discharged, to the place where it was or-
ganized, and from whence it marched to enter the service, pro-
vided that such march was in obedience to the command or direc-
tion of the President, or some general officer of the United States,
commanding an army or department, or the chief executive officer
of the State or Territory by which such company, battalion, or
regiment was called into service. (Allowance of time of sendee
for distance from home to place of muster or discharge. 14 May,

1856, c. 26, s. 7, v. 11. p. 0. 22 Mar. 1852, c. 19, s. 5, v. 10, p. 4 )'
| •

Sec. 2434. The provisions of all the bounty-land laws shall be
extended to Indians, in the same manner and to the same extent
as to white persons. (Indians included. 3 Mar., 1855, c. 207, s,
7, v. 10, p. 702.)

Sec. 2435. Where a pension has been granted to any officer or
soldier, the evidence upon which such pension was granted shall be

14



received to establish the service of such officer or soldier in his
application for bounty-land: and upon proof of his identity as
such pensioner, a warrant may be issued to him for the quantity
of land to which he is entitled; and in case of the death of such
pensioned officer or soldier, his widow shall be entitled to a war-
rant for the same quantity of land to which her husband would
have been entitled, if living, upon proof that she is such widow;
and in case of the death of such officer or soldier, leaving a minor
child and no widow, or where the widow may have deceased before
the issuing of any warrant, such minor child shall be entitled to a
warrant for the same quantity of land as the father would have
been entitled to receive if living, upon proof of the decease of
father and mother. But, if upon a review of such evidence, the
Commissioner of Pensions, is not satisfied that the pension was
properly granted, he may require additional evidence, as well of the
term as of fact of service. (Former evidence of a right to a pen-
sion to be received in certain cases on application for bounty-land.
14 May, 1856, c. 20, s. 2, v. 11, p. 8.

Sec. 2436. All sales, mortgages, letters* of attorney, or other
instruments of writing, going to affect the title or claim to any
warrant issued, or to be issued, or any land granted, or to be grant-
ed, under the preceding provisions of this chapter, made or ex-
ecuted prior to the issue of such warrant, shall be null and void
to all intents and purposes whatsoever; nor shall such warrant, or
the land obtained thereby be in any wise affected by, or charged
with, or subject to, the payment of any debt or claim incurred by
any officer or soldier, prior to the issung of the patent. (Sales,
mortgages, letters of attorney, etc., made before issue of warrant
to be void. 28 Sept., 1850, c. 85, s. 4, v. 9, p. 521.)

Sec. 2437. It shall be the duty of the Commissioner of the Gen-
eral Land Office, under such regulations as may be prescribed by
the Secretary of the Interior, to cause to be located, free of ex-
pense, any warrant which the solder may transmit to the General
Land Office for that purpose, in such State or land-district as the
holder or warrantee may designate, and upon good farming-land,
so far as the same may be ascertained from the maps, plats, and
field notes of the surveyors, or from any other information in the
possession of the local office, and, upon the location being made,
the Secretary shall cause a patent to be transmitted to such war-
rantee or holder. (Warrants to be located from of expense by
Commissioner of Land Office, etc. 28 Sept., 1850, c. 85, s. 4, v. 9,

Sec. 2438. No person who has been in the military service of
the United States shall, in any case, receive a bounty-land war-
rant if it appears by the muster-rolls of his regiment or corps that
he deserted or was dishonorably discharged from service. (De-
lb



sorters not entitled to bounty-lands. 28 Sept., 1850, c. 85, s 1 v
9, p. 520.)

Sec. 2439. When a soldier of the regular army, who has ob-
tained a military land-warrant, loses the same, or such warrant
is destroyed by accident, he shall, upon proof thereof to the satis-
faction of the Secertary of the Interior, be entitled to a patent in
like manner as if the warrant was produced. (Lost warrants,
provisions for. 27 April, 1816, c. 127, s. 1, v. 3, p. 317.)

Sec. 2440. In all cases of discharge from the military service
of the United States of any soldier of the Regular Army, when it
appears to the satisfaction of the Secretary of War that a certificate
of faithful service has been omitted by the neglect of the discharg-
ing officer, by misconstruction of the law, or by any other neglect
or casualty, such omission shall not prevent the issuing of the war-
rant and patent as in other cases. And when it is proved that any
soldier of the Regular Army has lost his discharge and certificate
of faithful service, the Secretary of War shall cause such papers
to be furnished such soldier as will entitle him to his land-war-
rant and patent, provided such measure justified by the time of his
enlistment, the period of service, and the report of some officer of
the corps to which he was attached. (Discharges, omissions, and
loss of, provided for. 27 April, 1816, c. 127, s. 2, v. 3, p. 317.)

Sec. 2441. Whenever it appears that any certificate or warrant,
issued in pursuance of any law granting bounty-land, has been lost
or destroyed, whether the same has been sold and assigned by the
warrantee or not, the Secretary of the Interior is required to cause
a new certificate or warrant of like tenor to be issued in lieu there-
of; which new certificate or warrant may be assigned, located, and
patented in like manner as other certificates or warrants for bounty-
land are now authorized by law to be assigned, located, and pat-
ented; and in all cases where warrants have been, or may be re-
issued, the original warrant, in whomsoever hands it may be, shall
be deemed and held to be null and void, and the assignment thereof,
if any there be, fraudulent; and no patent shall ever issue for and
land located therewith, unless such presumption of fraud in the
assignment be removed by due proof that the same was executed
by the warrantee in good faith and for a valuable consideration.
(New ivarrant issued in lieu of lost warrant, 23 Tune, 1860, c. 203,
s. 1, v. 12, p. 90. 20 June, 1874, c. 330, v. 18, p." 111.)

Sec. 2442. The Secretary of the Interior is required to pre-
scribe such regulations for carrying the preceding section into ef-
fect as he may deem necessary and proper in order to protect the
Government against imposition and fraud by persons claiming the
benefit thereof; and all laws and parts of laws for the punishment
of frauds against the United States are made applicable to frauds
under that section. (Regulations by Secretary of the Interior.

16



23 June,. 1860, c. 203, s. 2, v. 12, p. 91. 20 June, 1874, c. 330, v.

Sec. 2443. In all cases where an officer or soldier of the Revo-
lutionary War, or a soldier of the War of Eighteen Hundred and
Twelve, was entitled to bounty-land, has died before obtaining
a patent for the land, and where application is made bv a part
only of the heirs of such deceased officer or soldier for such bounty-
land, it shall be the duty of the Secretary of the Interior to issue
the patent in the name of the heirs of such deceased officer or
soldier, without specifying each, and the patent so issued in the
name of the heirs, generally, shall inure to the benefit of the whole,
in such portions as they are severally entitled to by the laws of
descent in the State or Territory where the officer or soldier be-
longed at the time of his death. {Mode of issuing patents to the
heirs of persons entitled to bounty-lands. 3 Mar. 1843, Res No
7, v. 5, p. 650.)

Sec. 2444. That proof has been or hereafter is filed in the Pen-
sion Office, during the lifetime of a claimant, establishing to the
satisfaction of that office, his right to a warrant for military serv-
ices, and such warrant has not been, or may not be, issued until
after the death of the claimant, and all such warrants as have been
heretofore issued subsequent to the death of the claimant, the title
of such warrants shall vest in his widow, if there is one, and if
there be no widow, then in the heirs or legatees of the claimant;
and all military bounty-land warrants issued pursuant to law shall
be treated as personal chattels, as may be conveyed by assignment
of such widow, heirs, or legatees, or by the legal representative of
the deceased claimant, for the use of such heirs or legatees only.
(Death of claimant after establishing right and before issuing of
warrant. 3 June, 1858, c. 84, s. 1, v. 11, p. 368.)

Sec. 2445. The legal representative of a deceased claimant for
a bounty-land warrant, whose claim was filed prior to his death,
may file the proofs necessary to perfect such claim. (When proofs
may be filed by legal representatives. 3 Mar.; 1869, c. 138, v. 15,
p. 336.)

Sec. 2446. Where an actual settler on the public lands ha
sought, or hereafter attempts, to locate the land settled on and ii«-
proved by him, with a military bounty-land warrant, and where,
from any cause, an error has occurred in making such location,
he is authorized to relinquish the land so erroneously located, and
to locate such warrant upon the land so settled upon and improved
by him, if the same then be, vacant, and if not, upon any other
vacant land, on making proof of these facts to the satisfaction of
the land officers, according to such rules .and regulations as may
be prescribed bv the Commissioner of the General Land-Office, and
subject to his final adjudication.

17



(REPRINT)

COMPENSATION OF DELAWARE INDIANS



HEARINGS



BEFORE THE

COMMITTEE ON THE PUBLIC LANDS



HOUSE OF REPRESENTATIVES



ON



H. R. 755



MAY 25. 1912




WASHINGTON
GOVERNMENT PRINTING OFFICE
1912 '



COMPENSATION OF DELAWARE INDIANS.



Committee on the Public Lands.

House of Representatives,

May 25, 191 2.

The committee was called to order at 10.30 a. m., Hon. Joseph

T. Robinson (chairman) presiding.

The Chairman. The committee has for consideration this

morning House bill 755, to compensate the Delaware Indians for
services rendered by them to the United States in various wars.
The Chair is desirous to suggest to the committee that Mr. Richard
C. Adams, representing the Delaware Indians, is present and de-
sires to be heard briefly on this bill, and he further suggests that
Mr. Adams be permitted to complete his statement without inter-
ruption, if possible.

STATEMENT OF MR. RICHARD C. ADAMS.

Mr. Adams : Mr. Chairman and gentlemen of the committee :
I represent the Delaware Indians in this bill, No. 755. I have been
before this committee before — not with regard to this bill — but a
similar bill, which is identical with this bill. A subcommittee was
appointed to take up the other bill, H. R. 22009, and they made a
report in 1910, a copy of which I wish to file at this hearing. This
report was made by Mr. Taylor, Mr. Reynolds, and Mr. Morgan,
and goes into the matter quite fully. I have shown to this com-
mittee — at least most of the gentlemen of this committee — histor-
ic ical relics of the Delaware Indians that were used by them in the
.e" various wars in the United States. I had on this table the war
flute that they played the war dance on when they marched out
of Fort Duquesne to meet Braddock. In that battle we had 682
Delaware Indians and there were 72 Frenchmen, who met the Brit-
ish; while the forces that were guarding Fort Duquesne, number-
ing some 2,000 soldiers, remained behind. This was supposed to
be only a skirmish, but we fought Braddock and killed him and
about 1,800 British soldiers and defeated them, and I believe it
was that battle that encouraged the Revolutionary soldiers to fight
the British troops.

The first treaty that was ever made was made with my people,
the Delaware Indians, and article 3 of that treaty was an offensive
and defensive alliance between the Delaware Nation and the United
States. That treaty provided, among other things, that we should
give free access across our territory to the United States troops to

20



COMPENSATION OF DELAWARE INDIANS. 3

posts that were occupied at the time by Great Britain. Not only
should we give them free access across our territory, but we should
furnish them with supplies— corn, meat, and other things— if the
officers of the United States paid or agreed to pay compensation
for these supplies. They did agree to pay for these supplies and
received many supplies, such as great quantities of Buffalo meat
and hundreds of bushels of corn. But you have no record show-
ing that we received anything in the way of compensation for these
supplies. The United States also agreed in that treaty to build
a fort on our territory and put some soldiers there for the pro-
tection of our old men, women, and children, as we agreed to send
our best warriors and most skilled warriors in battle against the
British. We sent 900 warriors, many times without any United
States officers or soldiers with them, while many times the Dela-
wares enlisted in regiments and companies of the United States
and had some of their own officers over them. We had two col-
onels commissioned by the Continental Congress during the Revo-
lutionary War, and they often went against the British without
any other soldiers with them whatever. Was it necessary for
them to go alone? It seems strange to me that at that time the
United States would prefer to put their soldiers to guard our women
and children and let our soldiers do the fighting, but they did do it.
Most of Col. Broadhead's soldiers were located on the Delaware
Reservation, where most of the fighting was done. Broadhead, in
one o^f his letters which you will find in one of his reports, wrote
to Gen. Washington and asked for some money and clothing for
his Army. He said, "If you can not send clothing for our Army,
at least send me a barrel of red paint so that I can fix them up like
the Delaware Indians." He further said, "I have nothing to pay
the Delaware Indians, not even a breech clout."

That was not all we did. We furnished in the Revolutionary
War not only supplies and warriors, but guards and scouts for
Gen. Washington, and at the close of the war Mr. Morgan, who
was a colonel in the Revolutionary War and Commissioner of
Indian Affairs, recommended we should have bounties of 286,000
odd acres of land; that we should have for the two chiefs and
colonels 30,000 acres of land to help them — something similar to
what they did for Lafayette when they gave him a large tract of
land in Virginia — but they have not given it to us up to this time.

Then when the War of 1812 began we agreed by treaty to help
and did help again. I showed to this committee the silver pipe
that was given to the Delaware Indians for our services in that
war by Gen. Harrison. At that time we furnished about 800
soldiers, and we rendered some good service, too. We had to take

21



4 COMPENSATION OF DELAWARE INDIANS.

care of the Northwest, and we kept back all of the northwestern
Indians and induced them not to join the British; if they could
not help the United States, to at least remain neutral. That of
itself was worth a great deal to the United States. We furnished
scouts and guides in that war in many cases.

Then the Florida war came on and we sent down to that war
186 soldiers. In 30 days after these soldiers landed in Florida the
war was over. Our people knew how to fight in the Everglades.
With our 186 men here, there, and everywhere, acting as guides
and helping the Army, we brought the war to a close in less than
30 days. The United States lost a large number of men there,
about 30,000 before we began. We furnished Gen. Fremont with
many soldiers during the Mexican War, who fought in Lower
California, in Arizona, and New Mexico, and one company who
fought under Capt. Black Beaver in old Mexico. I have a silver
tommyhawk given to Thomas Hill for services in the Mexican War.
This committee has seen that, and I have the war club we carried
in all these wars, from the Revolutionary War down, which I have
exhibited to you.

These are historical relics, silent witnesses of what we did, but
nowhere will you find a record of where you paid the Delaware
Indians compensation or bounties for what they have done. Now
we ask for that.

Only recently, on a Saturday at midnight, did the President
sign a pension act increasing the pensions, annually, about twenty-
five million dollars ; that is, pensions that are paid in monthly pay-
ments to soldiers who served from 90 days up on account of their
age limit. Has anything like this been done for the Indians? Al-
though many Indians have given their lives and their services in
the interest of the Government and because they can not find the
heirs of those who served and because the Indians have not been
aggressive in their demands, the Government has not shown their
appreciation of what the Indians have done, and they have not been
rewarded in any manner whatever except in very few cases since
1855, where they could not have escaped notice of the services
and where the heirs of the Indian soldiers could be easily found
or where the proof of the Indian soldier living was readily ob-
tained.

In reference to this I wish to call attention to Agent Johnson's

report, September 17, 1862, in which he says:

1

The Delawares are truly a loyal people, and with hardly
an exception are devoted to the Government. Out of a
population of 201 males between the ages of 18 and 45,

22



COMPENSATION OF DELAWARE INDIANS. 5

there are at present 170 in the Union Army. This prob-
ably is the largest ratio of volunteers furnished for the war.

While we have the names of every one of these Delawares who
served in the Civil War, because they were allowed to go on a buf-
falo hunt at the end of the war and did not return in time to be
mustered out, although they had served three years, they were
treated as deserters and have not received any pensions to this day.
Of course, this being since 1855 that service does not entitle us to
a claim for bounties, but it shows our loyalty and our devotion and
it strengthens our claim for bounties to the tribe.

The Secretary of the Interior says that while there is no ques-
tion about us having rendered the services, or having done the
things we claim we did, he can not tell who the heirs of the Dela-
ware Indians who served in these wars so long ago were, and he
don't know how to trace the descendants of these soldiers to give
them the bounty due them. But we claim the Delaware Indians
as a tribe did this, and it is not necessary to find the heirs of the
Delaware soldiers who served in these several wars, since we have
got 1,101 Delawares on roll, and these are the heirs of these sol-
diers, and we should get for these 1,101 Delawares at least 160
acres of bounty. When we first started in helping you our tribe
numbered 22,000 people. Most of these people were killed in war
or lost by exposure in wars and small-pox and other diseases
brought to them, and now we are a small, weak tribe, and for
nearly 100 years we have had no compensation for the services we
performed.

I can go through the parks in Washington and see the monu-
ments erected to other people. Everywhere I find monuments
erected to foreigners who did some little service for you. But you
can not show me a monument to a Delaware or any other Indian.
You can not find a foreigner's claim that has not been paid for
services rendered in some of these wars, but you can not find an
instance where you gave my people anything at all. These are
the reasons that' we feel we should at least have the little that is
coming to us, for we were loyal; we have given our blood, our


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