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"Then follows the following words upon the next page: "He called on me, he said, by direction of the President, and said he wished to make a contract for the emigrating Indians at a "THOMAS L. McKENNEY. price greatly below what the Government was " Department of War, Office of Indian Affairs." paying on contracts made under the last admi- We have marked part of this advertisement nistration. The President had referred him to in italics for the sake of reference. me. He stated that the price of the ration was The Secretary of War being the agent of the too great; and, besides, that the Indians were Government, it was his duty to guard the rights defrauded by the contractors. After convers- and interests of the U. States. He cannot be pering with General Houston, I wrote to the Pre-mitted to go out of the usual forms without he sident this letter. J. H. EATON." can make it appear that it was for the advanHere it is admitted that Houston applied to age of the Government. If, on the contrary, Eaton to make a private contract; that be- shall appear that while he advertised that he caused he believe that public men must act, might not seem to deserve censure," he ad. not merely not to deserve, but also not even to vertised in such form as to prevent other perseem to deserve censure," he proposed, "there ons from bidding at a fair rate, he was guilty fore, to advertise, say thirty days, for propof a deceit, a trick, a deception, an artifice by. which the rights and interests of the United States were injured. (See Noah Webster's term fraud.")

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the Secretary of War, made a point, as one of for want of time, be excluded; besides, about importance to him, (Houston,) when I should as soon after reading the advertisement as our speak to the Secretary of War, or he to me, friend Colonel Sevier can reach the department, that I would bear in mind that it was of the you will have a visit from him, and, perhaps, a highest importance to him, (Houston,) that the long talk on the subject of rights and interests time limiting the period within which bids of his people." The Secretary answered, I were to be made, under the proposals, should do not think it is of much importance, for it is be thirty days. He went on to state his rea-my opinion the supplies will come chiefly from sons: these were, in substance, that his circum- Ohio and Kentucky: thirty days will be long stances would not allow him to remain longer enough for the proposals to circulate through in Washington; that he was poor, and the ex that listrict of country. pense was too great; and that he wished to return to Arkansas with all possible despatch; and that he could not remain in Washington, "He then said, let thirty days be the time. It without great inconvenience, longer than thir- was done accordingly. Holding the form I had ty days. I told him it was a subject over prepared in his hand, he went on to remark, I which I had no control or influence; that it was will have it al ered in one or two particulars." an affair wholly with the Secretary of War Witness then proceeds to note the alterations but that I could not well see how the time which have been pointed out in the evidence could be limited to thirty days, as it was my of General Gibson. Can any thing be more opinion the supplies would come principally conclusive. Houston applied Mr. Eaton to from Arkansas; and that if the proposals were make a private contract. Eaton, acting upon limited to thirty days, the people of Arkansas the motto that public men should not seem to would not have time to answer them. deserve censure," issued to an advertisement;

"On the day of the date of the proposals, but had it so framed, that those persons who did and about 3 o'clock, and when about retiring bid were unable to mike fair estimates, and from the room of the Secretary of War, after afraid to bid at a fair price; and so limited, that finishing off the business of the day with him, hose persons from whom the supplies were to he, the Secretary, asked me if I had seen Hou-- be drawn could not have notice, and were ton. I told him I had, and added, my inter- therefore prevented from being bidders. There views with him have not been of the most is one remark in Eaton's note to the President agreeable sort." Taking from his pocket, of the 16th of February, 1830, which is very without, as I believe, making any reply to my significant; it is, He, (Houston,) is quite satis remarks, a paper, he said, "I have forgotten fied with the course." The object of the adfor some days to hand you this paper. It is a vertisement was to guard against anticipated paper containing proposals for rations for In-censurto shield the contract which he dians, written by Houston, and handed to me by contemplated making with Houston under the him: take it, and examine it, and if it is correct usual forms; yet he altered the forms, and lim have it copied, and sign it, and let it appear in ted the time so as to prevent competition!" the Telegraph of the morning." I opened the D es not this look like an artifice by which paper, when he remarked, "it is late now, take he right or interests of the United States were. it home with you and examine it """ to be injured? and if so, does it not come with

"I said, it is incorrect, and imperfect, and in the definition to fraud? in a few words I can explain in what particu- Thus it often happens that cunning overlars. I pointed these out. I think these pro- reaches itself; and the evidence discloses anposals enumerated the Cherokees as a tribe other remarkable instance. General Gibson is with whom a treaty had been made, and for charged with furnishing the army ration. We wirom rations would be required; and they give his testimony in full; see document, pages omitted to designate de ots at which to deliver 21, 22, and 23. Gen. Gibson says

the supplies. If these are not specified, I re- "On the 5th of February, 1830, the followmarked, those who may incline to bid will not ing order was received from the Secretary of be able to say at what price the ration can bWar: supplied."

Sin: Our treaties require that the Indians "The Secretary said, well, take the paper going west shall be supported twelve months home with you, and prepare and bring a form by the Government.

with you in the morning. I did so, accompa-) Query 13. Can your department furnish nying that form with the one he had handed these supplies, and distribute them? and at me the day before. On reading my form, he what probable cost of the ration, all expenses remarked, you have not filled the blank desig of buying and distributing being considered? nating the time for receiving bid. I answered, 21. Would it be preferable to contract it is my object to call your attention to this with some persons to do this? and, if so, what Perhaps, I remarked, you would like to recon- price of the ration and delivery might be consider this part of the proposals. My opinion sidered fair? There will be about three points is, those supplies can be furnished in Arkansas of delivery: a little west of Cantonment Gibson apon cheaper terms, and with greater readi- the first, and the other two, fifty or one hunness, than on this side of the Mississippi." dred miles further.

T Some time after this, left the city on leave "Immediately upon its being placed before me, I waited upon the Secretary of War for of absence, and on my return was informed by further information upon the subject, particu- Major Hook that he had been called upon by larly as regarded the number of Indians to be the Secretary of War for another estimate, and removed, which he mentioned would be about that the President had determined to have these thirty thousand. I then sent one of the gentle-rations supplied through the Commissary's De- * men in the Subsistence Office to ascertain partment, which plan was subsequently adoptwhat had been the cost of the ration in the new ed, and is now in progression. country; and, upon receiving the information. required, the Secretary was furnished with the following reply:

named?

"Answer. I did not.

Did you receive a from the clerk so

Question by the chairman. What was the information you received?

"Question by the chairman. At what time was the plan adopted of having the rations supplied through the Commissary Department? "OFFICE OF THE COM. GEN. OF SUBSIST., "Answer. Officially, in May, 1830." Washington, 8th Feb., 1830. Question by chairman. You state that you "Sia: In reply to your queries of the 5th sent one of the gentlemen of the Subsistence instant, I have the honor to state, that, as re-Office to ascertain what had been the cost of gards the first, it would not be practicable for the Indian rations; to whom did you send that this department to furnish supplies to Indians gentleman' "Answer. I sent him to the clerk in the Segoing west, after their arrival at the place of their ultimate destination, inasmuch as it would cond Auditors' office, who settles Indian actake officers of the army from their permanent counts of that kind. posts, and, if not entirely place them under "Question by chairman. the superintendence of, and subject them to communication, in writing, the orders of the Indian agents; it would bring them into such contact as might be productive of very unpleasant results. Touching the 2d query, the most preferable mode of furnishing the Indians with supplies would be by contract, which, when it is considered that it would be but temporary, that the erection of "Question by the chairman. Do you know buildings at three different points for storing whether Samuel Houston was in Washington on the provisions would be requisite; also the em- or before the 5th of February, 1830? ployment of a number of men to herd the cattle, and to guard them from theft, and the propriety of the contractor, calculating other contingencies, must necessarily make the price of the ration very high, and far beyond what it could be supplied for, provided it was delivered in bulk at one given point, and there was a certainty of the supply being more permanent than is for the present anticipated. In fact, all circumstances considered, it is my opinion that it could not be furnished for less than eighteen or twenty cents.

Very respectfully,

"Answer. That the rations had cost twenty cents or about that.

"Answer. I believe he was.

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Question by the chairman. Had you any conversation with him on the subject of Indian rations?

"Answer, General Houston called upon me, and had some conversation on the subject of army rations."

Let the reader bear in mind that Houston had been here; that he had applied for a private contract that, on the 5th, Major Eaton issued an order to Gen. Gibson to report * what price of the ration and delively might be con." sidered fair;" that, before Gen Gibson could. Your most obedient servant, respond, he waited upon the Secretary of GEO. GIBSON, C. G. S. War for further information that he sent Hon. JonN H. EATON, Sec'y of War. to one of the gentlemen of the subsistence of "But as Major Hook,also attached to the com- fice, to ascertain what had been the cost of the missariat differed with me in opinion as to the ration, in the new country" that the applica cost of the Indian ration, I took an early op- tion was made to one of the clerks of the se portunity to consnlt persons acquainted with cond auditor, (Wm. B. Lewis,) "who settles the resources of the Arkansas country as to Indian accounts of that kind," that he receiv the quantity of beef and corn to be procured ed for answer that the rations had cost twenin the Territory; and, from the information re- ty cents, or thereabouts" that, deceived by ceived, I was convinced that it would not be this information, Gen. Gibson reported, on necessary to transport rovisions from the neigh the 8th of February, that, in his opinion, the boring States, and that, consequently, the ration could not be furnished for less than price given to the Secretary was much too eighteen or twenty cents" that he afterwards high, of which I informed him, and, I think, became satisfied, and informed the Secretary requested permission to make another estimate; that this price was much too high," and that, to which he replied that it was not necessary, as when he applied to the Secretary for permis he would advertise for proposals to supply the sion to "make another estimate," Mr. Ea removing Indians with rations. The Secretary on replied, that it was not necessary, as he frequently spoke to me upon the subject of would advertise for proposals," &c. these supplies, and asked my opinion as to the It appears that the accounts for rations of proper mode of guarding the Indians against this kind were settled in the second auditor's imposition in the event of a contract being (Wm. B. Lewis') office. Why did Mr. Eaton not call upon Mr. Lewis for an estimate of the

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We say that Gen. Gibson was cheated into making this report, because, in the first place, Maj. Eaton knew that the accounts for Indian rations had not been settled or purchased through his office. When he applied to the clerk he received a false answer. This appears by the evidence of Maj. Lewis and of Mr. McKenney. Mr. McKenney being asked what had been the cost of a ration to the emigrating Indians?" said, "the accounts for these objects being referable, by act of Con- "Answer to the 4th question. The day, or gress, to the accounting officers of the Treasu- the day after the bids were opened, or ought to ry, I am not able, from memory, to answer have been opened, I met General Houston at the question. The information, however, the the War Office. I was then about going to committee can obtain of the second auditor." Georgetown; and in coming out of the office, Accordingly, Mr. Lewis, in a letter to the he asked me which way I was going? I told committee, dated June 19th, 1832, (see doct., page 57,) says:

him. He said if I would take a hack, he would go with me. I took a hack. On our way to The cost of subsisting the emigrants un- Georgetown, he asked me if I had put a bid in, der Luther Blake, for one year, cannot be and asked me if I knew the others who had put in ascertained with correctness, as all the due bills bids, (naming them,) Mr. Prentiss, Butler, and for corn, beef, &c. issued under contract, have Thomas Crowell. I told him I knew Prentiss not been presented yet for payment; but the and Thomas Crowell; Prentiss had that day told average price of the ration will be about seven me what he had put in for. He then proposed and a half cents, exclusive of the expense of is- to me to withdraw my own bid, and purchase suing." the others; that himself and myself, and his Here we have the fact disclosed that, although friend, could get it at some higher price, and Houston came on for the purpose of complaining that a great fortune could be made. He did, of the cost of the ration as issued by Blake, and for some three or four mornings afterwards, ask although it is proved by Lewis' letter that the me if I had seen those persons, on each mornaverage cost of those rations was seven and a ing. I told him that I had seen Prentiss. The half cents, Mr. Eaton,having cheated Gen. Gib-last morning he spoke to me, I told him it was son into a report that eighteen or twenty would necessary to have some understanding between be a "fair price," refused to permit him to cor- us before I purchased out the others, or withrect his estimate, but resolved to give the con-drew my own bid. His reply was, O yes, that tract to Houston at eighteen or twenty cents, can be done. Houston and myself had no fur(see letter of the 19th March to Mr. Eaton,) ther conversation on the subject. On the 25th and advertised thirty days that he might not of March, I was ordered by the Secretary of

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