In a letter dated September 13, 1860, from the Indian Commissioner to the agent in the neighborhood of these lands reference is made to the conduct of white intruders upon the same, and the following instructions were given to said agent:
In view of these representations and the fact that these white persons who are in possession of the land are intruders, I have to direct that you will visit the New York Reserve in Kansas at your earliest convenience, accompanied by those Indians living among the Osages to whom said lands have been allotted, with a view to place them in possession of the lands to which they are entitled; and if you should meet with any forcible resistance from white settlers you will report their names to this office, in order that appropriate action may be taken in the premises, and you will inform them that if they do not immediately abandon said lands they will be removed by force. When you shall have given the thirty-two Indians peaceable possession of their lands, or attempted to do so and have been prevented by forcible resistance, you will make a report of your action to this Bureau.
The records of the Indian Bureau do not disclose that any report was ever made by the agent to whom these instructions were given.
In 1861 and 1862 mention was made by the agents of the destitute condition of these Indians and of their being deprived of their lands, and in these years petitions were presented in their behalf asking that justice be done them on account of the failure of the Government to provide them with homes.
In the meantime, and in December, 1860, the remainder of the reserve not allotted to the thirty-two survivors was thrown open to settlement by Executive proclamation. Of course this was followed by increased conflict between the settlers and the Indians. It is presumed that it became dangerous for those to whom lands had been allotted to attempt to gain possession of them. On the 4th day of December, 1865, Agent Snow returned twenty-seven of the certificates of allotment which had not been delivered, and wrote as follows to the Indian Bureau:
A few of these Indians were at one time put in possession of their lands. They were driven off by the whites; one Indian was killed, others wounded, and their houses burned. White men at this time have possession of these lands, and have valuable improvements on them. The Indians are deterred even asking for possession. I would earnestly ask, as agent for these wronged and destitute people, that some measure be adopted by the Government to give these Indians their rights.
An official report made to the Secretary of the Interior dated February 16, 1871, gives the history of these lands, and concludes as follows:
These lands are now all or nearly all occupied by white persons who have driven the Indians from their homes—in some instances with violence. There is great necessity that some relief should be afforded to them by legislation of Congress, authorizing the issue of patents to the allottees or giving them power to sell and convey.
In this way they will be enabled to realize something from the land, and the occupants can secure titles for their homes.
Apparently in the line of this recommendation, and in an attempt to remedy the condition of affairs then existing, an act was passed on the 19th day of February, 1873, permitting heads of families and single persons over 21 years of age who had made settlements and improvements upon and were bona fide claimants and occupants of the lands for which the thirty-two certificates of allotments were issued to enter and purchase at the proper land office such lands so occupied by them, not exceeding 160 acres, upon paying therefor the appraised value of said tracts respectively, to be ascertained by three disinterested and competent appraisers, to be appointed by the Secretary of the Interior, who should report the value of such lands, exclusive of improvements, but that no sale should be made under said act for less than $3.75 per acre.