Washington sentinel. [volume] (City of Washington [D.C.]) 1853-1856, 1855-08-09

one six, the other four, dollars per acre for the
whole twenty-three sections Of halfbreed lands
The law-abdng spirit evinced by these speculat-
ing companies in deferring their operations until
\ the pleasure OF the government" was formally
and officially made known, and the lands brought
fairly into market, contrasts very favorably with
/ the eager haste evinced by those high Official
functionaries OF the Territory, who Agent Clarke
says in the same letter. had been engaged in pur-
chasing these reservations at prices far below
their value, and without paying down any moneys
simply giving their notes, trusting, y he under
stood, ito mighty influences at Washington city
for confirmation Of the sales" Agent Whit
field, in his letter Of the 9th of the same month,
states substantially the same facts and cites cir
cumstances to show that the lands were worth SIS
/ per acre.
These conflicting statements prove the neces-
sity of having the guardian of the Indian present
when such contracts are making, or about being
consummated and leave good reason TO doubt as
to whether the agents personal presence and
vigilance might not have elected testimony
directly in conflict with that adduced by the
| purchasers to prove the fulness and fairness of
the consideration which the purchasers had
agreed to pay for the reserves embraced in their
contracts. tfa#s
In the argument Of Governor Reeder he thinks
| il a singular" objection to the approval of the
contracts, that no money has been paid" to
| the reserves for their lands in advance of their
approval; and yet, singular as it may seem to
him, in large majority Of the Indian deeds sub
mitted to this office for approval, proof of pay
| ment OF the consideration money usually accom-
panies their submission. / must, however, in
justice to the governors sagacty, say thft in
the referred to, the reserves are recognised
as having an unquestioned right to the sale and
| alienation OF their reserves; while, in respect to
| the lands of the Kansas ha lf-breeds the reverse
is the case. The prudent caution Of tho purchaser
in Withholding payment in advance is, therefore,
L ,tnI
speculation and the character of the risk Had
the right of the latter TO ALLEVIATE been clear and
indsputable, the careful avoidance by their gran
tees of all possibility Of loss, except the mere
cost of conveyancing, would have been both
| strange and unaccountable in such active and
enterprisng spectators. 1t is not, therefore, to
be wondered at that the governor should, under
the circumstances, think it silly and unusual to
prepay for those reserves in advance of the ap-
proval OF the sales; although, where treaties pro-
vide Tor sanction OF sales by the President, the
regulations require that in all cases, the conside
ration shall be paid, or secured, as condition
| precedent to approval.
| The inference drawn by the governor as to the
value of these reserves from the testimony of
Baptiste James, in respect to alleged remarks OF
| Agent Clarke in reference thereto, is far from
| being legitimate one, when the very ambiguous
/ language of his reported remarks is taken into
consideration. James reports him as having said
that the price agreed to be paid by Messrs Reeder
johnson, s. Co. "was highe, than he would be
willing to give" Did Clarke mean by this that,
in his estimation, the lands, il good and clear
fee-simple title could be given, intrinsically
worth less than 50 SO or SO per acre? Such
remark, unaccompanied by any explanation of
4 the circumstances under which it was made,
might be fairly construed to relate either to the
intrinsic value of the lands or to their worthless
/ ness to purchasers, in view of the description of
| title by which they were held by the reserves.
Il A Ill l.t4a NJ
| room to doubt that Agent Clarke considered these
/ reserves worth double either of these sums, if
brought lawfully and fairly into Market with the
| assent and under rules and regulations prescribed
| for this sale by the Government
The observation Of Mr. Clarke, that it was not
| in his ''power to give opinion Gas to whether
4 these lands intrinsically worth as much or
| more than has been offered for them, /" is sngu-
| larly enough construed by Governor Reeder to
i apply to the offer of himself and official asso-
| ciates, when, in fact, glance at Clarke s letter
will show that the writer had direct and special
reference to the offers of S. and SO per acre made
/ by agents of two land companies, referred to in
| the next preceding sentence of his communica-
| ton. This singular perversion of the purport
| and meaning of the agents remark, it is but
charitable to hope, is the result not of design bat
| of mistake. Be that as it may, the construction
thus pot mon his remark. relatod by James in
his affidavit, is contradicted by the whole tenor
| OF the agents letter to this office written the
same month"; circumstance, permit me TO add,
| which shows how important it was that he should
have been present at the making of the contracts
In that event the department would not have
| been asked to rely upon " hearsay" evidence as
to his views and opinions respecting the value of
the reserves, for it would doubtless, then, have
| had them from himself in his own words
| i have now, in pursuance of directions, reported
| upon the ''new papers, " and given my "reasons'
| for my opinion as to their insufhcency, even in
h. e 4 Il
that the Kansas halfbreeds had fee-simple title
and right TO sell and ALLEVIATE their reserves to
| secure for the contracts the favorable action of
| the department or the approval Of the President
Although tire additional evidence, if properly
| taken, would seem to establish the identity of the
grantors, there are several objections still in full
| force to the contracts, any Of which would be
fatal, and have justified an unfavorable report
upon the application for approval.
list. That the grantors are only entitled TO the
use of their reserves, the ultimate fee remaining
| IN the United States Consequently, the transac-
tons being in violation of treaty stipulations and
OF the 18th section of the intercourse act of 1894
which provides a penalty of $4,000 for sending
| ''any talk, speech, message, letter to any
| Indian nation, tribe, chief individual with the
intent TO produce contraventon or mira ction of
/ any treaty or other law of the United States, {"
| are, a matter Of course alb initio roid
ID. Admitting, however, for the sake Of argu-
ment, the right of the reserves TO sell, the evil
dence adduced, not having been taken in the pre-
sence Of the agent Of the tribe, is nadmissabe
under the rules and uniform practice of this Office
in cases where the Indian grantors live with their
i tribe.
| Sd. have already adyerted TO the reasons why
| the evidence of two Of the white grantors, hus-
bands Of halfbreeds, is not admissible; and have
| pointed out the defects in the other testimony,
viz: that Of James Byerly, and Hoderman, and
| Ward, whose disnterestedness is not alleged nor
| credbiity vouched for.
4th. There is no proof that the consideration
agreed upon between the parties has been paid,
or secured to be paid, TO the grantors, is the
evidence adduced as to its suficiency, in view Of
its conflicting with the reports of the agents Of
| the department, deemed satisfactory. The opin-
ions Of the accredited agents of the department
are onttled e a~aat rasrons r-til sa-,isd BY tho
| most reliable and unqucstioned testimony
| deem II not improper in this connection TO
state that application was made in April, 1852,
by Hon. ]. $. Phelps, Of the House of Represen-
tatives, United States, on behalf Of j. r. Chen
ault, esq, for the approval of deed to Clement
| Lessert, from Moses Bellmond and Adele his
| wife, for the identical section of land now pro-
| posed TO be conveyed TO Gov. Reeder and associ-