Joseph M. V. Cochran Indian Depredation Claim #2891
Joseph M. V. Cochran Indian Depredation Claim #2891
[Nez Perce Attack 13 September 1877, Clark’s Fork Valley]
Reference / Date & Sender / Subject / Summary Contents / Action/Results1877.09.12 Battle / Sturgis advance and notes about battle preparations / NPS archives of “Nez Perce Summer”, 4-pages / Describes some key times and locations on September 12th and 13th, 1877.
1877.09.13 Battle / Nez Perce Raid
[Note: The Select Committee on Indian Depredations, 1889-1893, left unprinted records. This select committee became the Committee on Indian Depredations in 1893.] The Legislative Reorganization Act of 1946 terminated the Committee on Indian Affairs and assigned legislative responsibility for Indian-related matters to the Committee on Public Lands (in 1948, the Committee on Interior and Insular Affairs), which maintained a subcommittee on Indian affairs. When the Senate committee system was reorganized once again in 1977, the Senate established the Select Committee on Indian Affairs, which still exists. / After departure from Canyon Creek area (north of Laurel, MT) the fleeing tribe split into three groups: 1) The main body and braves assigned to protect them fled north from the canyon; 2) Chief Joseph and six (5) supporting braves escaped south-east following Canyon Creek until it reached the Yellowstone; and 3) A “rear-guard” was established by Chief Joseph to hold the pursuing army at bay. This rear guard held their ground, then fought their way clear of the army and pursuing Crow Indians and traveled east along the newly created “Road to Tongue River” until reaching near to Skeleton Cliff [Kelly’s Mountain] All three elements of group rejoined at the Canyon Creek hillside site north of Laurel, and headed together for Canada. / It was on the road they took to rejoin their main body that they stole horses and supplies. Cochran’s place was one of them. It was reported by Cochran that he met Chief Joseph and his braves when they arrived at the Yellowstone River. It was also reported that the Indians killed the two trappers staying at Cochran’s place, and that they took the stage coach from Ed Forrest’s station and destroyed it (or later turned it loose), and that they destroyed the tent-liquor store adjacent to Perry McAdow’s home (tent); but no mention of these events were noted in the various depositions. The advance guard/rear guard of the Nez Perce traveled 25 miles eastward before returning to the Coulson area in time to join the others later that same evening and flee towards Canada.
1877-09.13 Battle / Battle of Canyon Creek / Little battle map prepared by MT State Historical Society / Depicts General Sturgis’ campaign on this date
1882.10.18 Claim / Claim presented to Commissioner of Indian Affairs / Assigned Depredation Claim #2891 by Department of Interior / Amount claimed was $654.50 against the Nez Perce.
1882.11.06 Armstrong / Letter to H. Price, Commissioner of Indian Affairs / Transmittal of Original Depredation Claim for Joseph MV Cochran. / Stamped as Doc #21874, and signed by Armstrong at Crow Agency
1882.12.28 Arthur, Supt & Clerk / Proceedings of Nez Perce Indian Council, filed under Claim #2891, and stamped document #26011 / Council conducted by Indian Agent Lewellyn Woodin with the Chief Joseph’s Band of Nez Perce. Present were Agents Woodin, Sup’t Arthur, interpreter Reubens and Chief Joseph, Yellow Bull & Heur-es-Kulte (Tom Hill). Later joined my Multitude / Conducted at Oakland Reservation. The depredation grievance was presented to the group by Woodin. Three affidavits from Cochran, Brockway & Colwell were addressed. A demand was made for the full amount of damage ($654.50). The Chiefs new nothing of the damage and Multitude was sent for. And verified that he and others took property to assist in their flight. Joseph stated that his band was at war with the US. Jospeph left it up to the Government to resolve, and if true, they would pay.
1883.07.13 Price / Letter to Cochran, filed in Claim #2891 / Requested a statement under oath from Cochran establishing in detail the loss and circumstances. / He also requested a Post Office address.
1883.08.24 Price / Claim submitted by H Price, Commissioner of Indian Affairs, Department of Interior, to Secretary of Interior / Depredation Claim #2891 along with supporting documents were issued / Amount claimed was $654.50 against the Nez Perce.
1883.08.24 Price / Transmittal of Claim 2891 affidavit documents to support the claim (Doc #26011 in full) / Handwritten package with three enclosures. / Exhibit AI) Price: Sworn testimony of Cochran with details list and corresponding events.
Exhibit AII) Bella Brockway’s confirmation of the loss
Exhibit B) Agent Armstrong’s testimony verifying that Cochran is an honest man , and
Exhibit C) Agent Woodin verified that he conducted a meeting with the Nez Perce, and that Multitude confirmed the loss as claimed and he recommended that the claim be paid.
1883.08.27 Claim / Claim #2891 was reported to Congress / Copy of official submittal not available; but referenced in other documents.
1883.08.27 Price / Transcripted letter stating that the full claim amount be paid. / Referred to Section 445 Revised Statutes and that all requested documents have been submitted for verification of the claim. / He recommended that the full amount be paid.
1884 Congressional Record / 48th Congress 1st Session, Volume XV / Contains Proceedings and Debates. Lists claims allowed to be paid (HR Exec Doc 132) 393,606,2668 / Cochran’s Claim #2891 listed for payment of $654.50 on Schedule A, pg 186
1884 Congressional Record / 48th Congress 1st Session, Volume XV / Index, Page 225 / Bill to Pay Claim from Secretary of Interior is noted
1884 Congressional Record / 48th Congress 1st Session, Volume XV / Page 186 – Schedule A / Lists claims filed in the Commissioner’s Office. Cochran’s is listed for payment at the initial amount.
1884.10.07 Poole / Letter from Poole, Clerk of Yellowstone County / Submitted to Department of Interior to John Tinkler regarding inquiries about Cochran’s claim / Refers to House Exec Doc # 23, 1st Session, Dec 5, 1883. States that the appropriation must be introduced. Congress has the final approval.
1884.10.16 Tinkler / Receipt of letter from Tinkler regarding the Claim for Cochran / The claim was allowed in the FULL AMOUNT and was transmitted to the Speaker. / Refer to House Exec Doc 23, number 23, 48th Congress. Certified.
1884.12.31 (Year End) / Proceeding and debates – 48th Congress, 1st Session / Under Indian Depredation Claims, page 225, Claims were allowed…. Page 257 lists the Cochran claim as 2891. / The claim of JMV Cochran was confirmed for payment under # 2891 for $654.50.
1886.03.10 Adkins / Indian Depredation Claims / Summary of claims submitted are noted by AD Adkins, Commissioner. / All of an interested-third party abstract.
1886.03.11 Muldrow / 49th Congress, 1st Session, House of Representatives’ Exec. Doc 125 / H L Muldrow (Acting Secretary of Interior) submitted the Indian Depredation Claims, including two attachments, and ordered them to be printed. / The two attachments clearly verified that Cochran’s claim (Line Item 31 & #2891) had been directed for payment.
1886.03.11 Muldrow / House of Representatives, 49th Congress, 1st Session (letter from HL Muldrow, Acting Secretary) / Indian Depredation Claims letter from Secretary of the Indians. The attached listed claims Pgs 186 and 225, plus judgments approved, were submitted March 3, 1885 for payment. Payment was directed to Cochran. / Joseph MV Cochran’s claim (presented on Oct 28, 1882 for $654.50 under # 2891) was approved on Aug 27, 1883 and submitted to Congress for issuance of payment.
1886.03.11.1 Claim / Payment Delay & Revision / For some unexplained reason, there appeared to be a need to recertify the claim from testimony obtained in 1882? / This added a two-year hiatus, but didn’t affect the outcome, excepting that the filing was delayed.
1886.03.16 Claim / Referred to Committee on Indian Affairs / Ordered to be Printed
(See HR 125) / Under HR Exec Doc 125, 49th Congress 1st Session
1886.03.16 Muldrow Actg Sec, HR / Letter from the Sec of Interior (Ex Doc No 125, 49th Congress, 1st Session) / The document identifies and approves payment of the Cochran Claim / The $654.50 was both recommended to be paid, allowed to be paid by Congress as of August 27, 1886
1887.09.09 Forrest / Ed Forrest deposition / Describes in detail the events that took place. / His letter is in his personal handwriting, verifying the claim.
1887.09.19 Hoskins / Omar Hoskins testimony / Taken in the Yellowstone County / Describes what happened during the Nez Perce attack. Recorded by James McFarlane, Clerk
1887.09.19 McGirl / Thomas McGirl’s deposition / Affidavit filed by McGirl for Claim #2891 / Document contains copy of the original written testimony and a transcript copy.
1887.09.20 Claim / Cover letter for the Affidavits of Omar Hoskins & Paul McCormick / This is the initiation of claim #2891 / Attached were the testimonies taken earlier
1887.09.26 Cochran / LTR to US Indian Service / Joseph Cochran’s claim affidavits for $654.50 / Transmitted by George L Potter, Special Agent.
1887.09.26 Potter / US Indian Service (Bozeman) to Wash DC, Commissioner of Indian Affairs from Geo. L Potter, Special Agent. / Transmittal of Joseph MV Cochran’s Claim for $654.50 caused by the Nez Perce in 1877. (Handwritten) / Included were concurring testimony from Ex-Commissioner Price to John Tinkler (Oct 7, 1884); and Hon. Martin Maginnis, member of congress written by the acting Secretary of State Oct 16, 1884.
1887.12.28 Cochran / Affidavit of JMV Cochran / Describes the local settlers when the depredation occurred. / Attested to were: Henry Colwell and Alonzo J Young.
1888.03.24 Armstrong / H. J. Armstrong, US Indian Agent at Crow Agency November 6, 1882 / Armstrong had the affidavits from Cochran given to him from the September 13, 1877 depredation. He investigated the matter and found the claim to be true and should be paid $654.00
1888.03.24 Atkins / Comm of Indian Affairs (Atkins) submitted report on Cochran’s Claim #2391, two years after Congressional approval (?). [18 pages] Note also that the depositions were actually taken after the time of filing. / Findings verified the depredation by Nez Perce Indians upon Cochran’s property on September 13, 1877. His petition was duly executed on October 28, 1882, and this letter contains various documents prior to this publication date, including an itemized list of damages and supporting value of items. / 1) Cochran located legally on the land on June 19, 1877. 2) Generals Sturgis and Howard were chasing the Nez Perce. 3) The Nez Perce did steal or destroy $654.50 of horses and property. 4) Neighbors and others verified the claim [see individual supporting claims)
1888.03.24 Atkins / Agent Atkins’ Testimony / Included in his report are additional affidavits. He requested a detailed description of where the Nez Perce raid occurred. The Nez Perce were in amity at the time of the attack. / He endorsed the findings, ranch location and recommendation for payment in full. Also stated were: 1) Cochran is a citizen of the United States, 2) On September 13, 1877 the Nez Perce Indians did raid his property and stole the listed property noted by Cochran, 3) At time of the depredation, the Nez Perce Indians were in treaty with the United States (Treaty dated June 9, 1863; June 11, 1865, and Article 8) in each treaty, to wit: said tribe was chargeable for such injury. [Vide 14th Stat 647 & 12th Stat 957], and 4) His office recommends full payment to the claim.
1888.03.24 Claim / Depredation Claim 2391 including five enclosures / Submitted to the Sec of the Interior. (Went to Department of Interior according to Pomeroy’s later statement 1890.10.22) / This summarized the Dec 5th 1882 claim admitted to the Claims Office. Attached were affidavits from: Colwell, Armstrong, Woodin, Cochran, Forrest, McGeunnis, McGirl, Hoskins, and McCormick.
1888.03.24 Colwell / Henry Colwell Testimony Oct 28, 1882 / On day of attack he was in the Cochran camp when the Nez Perce attacked. Immediately afterwards he inquired about the losses, and provided a listing identical to that from Cochran. / Cochran’s “Camp” is the Logging Camp managed by him for Perry McAdow’s saw milling activities. The camp was on Crow Land about two miles from his homestead
1888.03.24 Council / Council of Elders Nez Perce December 28, 1882 / The Council was held on the Oakland Reservation. Attending from the US were: Woodin, H. H. Arthur (Superintendent), James Reuben (Interpreter). / Multitude described the site: There were two tents, we burned nothing, but took what was needed. His list essentially matched Cochran’s. Chief Joseph claimed, “such were the fortunes of war.” Arthur reported on August 24, 1883 recommending payment. The Act was approved by Congress March 3, 1885 and returned to his office for review of conformity. The agency sent the Act to Agent George L. Potter for concurrence.
1888.03.24 Forrest / Edward Forrest Testimony / Forrest stated he knew Cochran well, and had visited his camp two weeks earlier, and verified that the major items noted on the claim were indeed there before the attack. / Forrest restated current value of such items. Camp noted is referring to his homestead.
1888.03.24 Hoskins / Omar Hoskins Testimony / Hoskins examined the Cochran list and stated that although he wasn’t sure of the list itself, but that the estimate of costs were factual. He had camped there three days after the raid and found that nearly all was lost. / Camped area noted is referring to Cochran’s homestead.
1888.03.24 McCormick / Paul McCormick Testimony / McCormick is well acquainted with prices of articles and horses in the valley area, and being a merchant enumerated in detail the costs of each item. / He placed a value of $946.50 on the items in Cochran’s list.
1888.03.24 McGirl / Thomas McGirl Testimony / McGirl had visited the Cochran place before the raid, and agreed with what was lost, and the approximate value.
1888.03.24 Potter / Special Agent George L. Potter September 26, 1887 Testimony / Potter detailed the Cochran list and added other neighbors’ testimony.
1888.03.24 Raid Area / Joseph MV Cochran report / The raid took place on his land, S16,T1S, R26E, Principal Meridian, Montana Territory
1888.03.24 Raid Area / Harry Colwell report / The raid occurred on legally owned, private land, and was committed by the Nez Perce Indians
1888.03.24 Raid Area / Alonzo J. Young report / The raid occurred on legally owned, private land, and was committed by the Nez Perce Indians
1888.03.24 Woodin / Lewellyn E. Woodin, US Indian Agent at Ponca, Pawnee & Otoe Tribes January 23, 1883 / Wooden assembled a Council of the Nez Perce on the 28th ultimo (December 28, 1882), he explained the claim and demanded answers. Present were: Young Joseph, Yellow Bull, Huess-es-Rutte and elders of the tribe. Multitude was called to answer the claim. Chief Joseph stated he was distant from the event, but knew of it from hearsay. / Multitude reported that he was a party to and a witness of the party that took property and horses at the place described (Cochran’s Land). He left the horses about 25 miles distant. All others who participated in the attack were later killed. The council claimed they had no money to pay for damages.
1888.03.24.Brockway / Bela Brockway Testimony Oct 28, 1882 / On day of attack he was two miles west of the Cochran land. Immediately after the attack he inquired about the losses; and submitted a list similar to that of Cochran’s taken immediately after the attack. / Some of Brockway’s property was burned (about 11am) and he also submitted a claim to the government after Cochran’s filing. [#3202]
1889.01.01 Claim / Claim #2891 from Department of Interior. / Transmitted to Congress (Note: referenced only in Pomeroy letter dated 1890.10.22) / Amount noted is $654.50
1890.10.20 Pomeroy / Pomeroy letter to Committee of Indian Affairs. [Typed copy & original handwritten] / Enclosed copy of Cochran’s Power of Attorney to collect his $654.50 claim. / Letter noted that the claim was allowed. Pomeroy asked just how the Indian Affairs would pay the claim.
1890.10.20 Pomeroy / Pomeroy letter to Committee of Indian Affairs / Forwarded the Power of Attorney from Cochran & asking for the restitution of the claim. / Attached is a copy of the handwritten letter, along with the received stamp!
1890.10.21 Claim / Office of Indian Affairs transmittal Cover Letter / Attached are: S. C. Pomeroy’s letter and Claim #2891 / Included is Attorney Listings assigned to the Claim. (Three copies)
1890.10.22 DOI / Department of the Interior acknowledgement of the letter from Pomery. / The Claim number of 2891 was assigned; and it was transmitted to Congress on Jan 1st, 1889. / When Congress meets [1891 Session], “I will then attend to it.”
1890.10.22 Pomeroy / Dept of Interior, Office of Indian Affairs to SC Pomeroy, Esq. / Denotes Power of Attorney issued by Cochran was returned unused; as the claim for $654.50 had been reported for submission to Congress on January 1, 1889. It was given Claim # 2891. / Full allowance was recommended and concurred by this department. Note: No claim can be paid without special appropriation from Congress (Section 2098 of the US Revised Statutes).
1890.12 Congress / Change of responsibility for claims / Discussions of how to handle the claims started. It took almost two years to resolve. Claims simply fell into a hole during this time period. Cochran’s was one of them. After a lot of debate, the existing Court of Claims took over jurisdiction of all depredation claims. After acquiring the existing claims dockets, they assigned their own claim numbers to the newly acquired depredation claims; thus eliminating possibility of duplication within their department. / Considered were: Turn cases over to existing courts, create a special board of commissioners, or give to the court of claims. The House suggested that a standing committee be established, but settled on a Select Committee. The Senate followed suit in 1889. The House was unable to cope with the massive amount of paperwork. This was settled on March 3, 1891.