Washington sentinel. [volume] (City of Washington [D.C.]) 1853-1856, 1855-08-07
Goeehor Reeder 10 he Secretary Of State.
SHAWNEE MISSION, Kansas Territory

dorerhor Reeder 10 The Secretary Of State
SHAWNEE MISSION, Kansas Territory
June &C. 1855.
\ SIR: AS promised in my brief note of the 18th
/ instant from New York, / avail myself of the first
opportunity TO reply TO your letter of the 18th
mat letter mentions causes of complaint
! against me, in the opinion of the President,
purchases OF Kansas half-breed reservations
made by me in the Territory of Kansas" and
also other speculations in lands of the Territory
1 oil Kansas, apparently in violation of acts of
Congress and of regulations of the departments, !"
and al the same time invites any explanation
which may desire 10 give in regard to the char
acter and extent Of the transactions above refer
red to, and particularly the matters spoken of in
the letter of g. w. Clarke, Indian agent, dated
| May 3, 1867
I | am thus put upon my defence to two separate
charges; first, the purchase of half-breed Kansas
lands; and, secondly, other speculations in lands
of the Territory, apparently in violation of acts
OF Congress and regulations of the departments
| The very general manner in which these
charges are stated, the entire absence Of any
| specification on which to make point or raise
1 an issue, and the omission to state in what parti-
GUAR the President sees any wrong to have been
committed, and what act Of Congress or regula-
ton OF the department has been violated are
matters of regret and embarrassment to me- be-
| cause they preclude confidence in the pertnence
OF my reply. | need not inform SO eminent
lurist as yourself how impossible it is in matters
OF elimination and defence to attain justice and
| truth without distinct and tneauivocal specifi-
! ton OF the charge on the side, and direct,
| full, and pointed answer 10 il on the other In
the absence of these, parties may wander in side
| issues, departures, eVasions, and uncertainties
without ever reaching conclusion; and there
fore, with the highest respect, take the liberty of
calling your attention to this feature of your let
/ n fnr IN, / .l,l1
| engage in the discussion of matters which the
President may not consider in issue, or shall not
be sufficiently full and certain in speaking Of the
point in which he thinks he sees the wrong.
In relation to the first charge of purchase Of
| hali-breed Kansas lands, | have to say that
| have purchased no such lands at ALL With
Others, have only agreed to purchase them in
| case the contemplated purchase shall receive the
! sanction and appreciation of the President; and
this, in my opinion, is material and substantial
| difference Until the President, by his approba-
| ton, and the vendors, by the execution of their
| deeds, shall consummate the contract, it pre-
cludes us from any interest in the land, and even
| the privilege OF entering upon possessing it.
Vendors and vendees until then preserve all their
rights unchanged and unaffected and if the
President shall not assent to the contracts il will
| be the same as though they had never been made
| 1T there is any wrong in the matter, it is not
wrong committed, but, at most, only wrong at
tempted. and, in the face of all probability,
wrong which we expected to be sanctioned by the
| President
| The papers were submitted by us to the Presi-
dent on the --- day Of January last for his APP
| prevail and as the government have been for
years past in the habit of approving similar con-
tracts, we did not apprehend any difficulty what
| ever.
| They were referred to the Indian Bureau and
! the Commissioner reported adversely to the con-
| frmation, alleging that the vendors had no rirht
L "a I'm was M pyid IF
| potency to manage their own affairs; that there
was no evidence produced by US of the value of
| the land; that the transaction had not been
| brought to the notice of the Indian agent; that
| no certificate presented to the President TO
| prove the official character of an officer whom
the President had himself appointed; and that
the purchase money (Which was to be paid in
cash when the deed was made) had not been sufii-
GENTLY secured, and that, in the opinion of the
| Commissioner, the contract was demoralizing and
| disgraceful.
Whether this last reason was based upon the
assumption Of actual fraud in the contract, or
| upon the Commissioner s idea that public officers
| had no right TO purchase, / confess have never
been abe after careful examination of the report,
TO discover. Upon receiving this report, the
| President, on the --- day of January, without
rejection or approval, ordered the papers TO be
Observation-Disclosures with view to enable us TO
supply the formal deficiencies demanded by bust
ness regulations Of the department. of which we
had been ignorant.
We inferred, of course, that the last reason
| above was not concurred in by the President, or
| he would at once have disapproved the contracts
and terminated the whole proceeding We pro-
ceeded to supply the formal Deficiencies and IN the
| beginning Of May last again laid the papers be-
| fore the President with an argument and brief
from myself TO prove, from the opinions of At
| iorneys General and the decisions of the Supreme
Court, that the vendors had right TO sell; depo-
sitons proving their identity their competency
to manage their own affairs, and the value Of The
/ land; proof that the matter had been brought
to the notice of the Indian agent, and that he
had made no objection; to which ! add now my
own assertion that distinctly stated to him that
| we had agreed TO purchase one tract, and would
endeavor to contract for others; and although
| Mr.. Clarke denies, in general way, that the
| matter was brought before him. he is contradicted
by my allegation and the deposition of n disinte-
| rested witness.
These papers were not acted on by the Presi-
/ dent mp to the 25th May, and ! have no knowl-
edge that they have been acted on up to this
| time. To the matters contained in them, and
my letter Of April j, 1855, TO Commissioner
| Manypenny, which the President informed me
| he bad read, have but little TO add unless my
attention shall be called to some particular point.
We knew that the vendors were entirely COM
| petent to manage their own affairs, and would
have the aid of the President in doing so. We
| knew that the transaction was honorable and fair
| throughout, free from all fraud or deceit
/ We believed they had the right TO sell, and we
believe SO still; and although il is possible we
may be mistaken in this particular, yet would
not be guilty Of so much disrespect 10 the Presi-
dent as to believe that he would consider such an
| error cause Of removal. We also believed that
we had the same right 10 buy any other indi-
| viduals, provided the transaction was fair ono,
and marked by no imposition, deceit, or fraud.
We have already shown that the transaction
was marked by fair and honorable dealing
throughout, and that the vendors had ample OPP
portunity for consultation and deliberation; and
for this refer to the dispositions now before the
President IL the President is not satisfied on this
point, earnestly request that may be informed
in what particular he differs from me, and upon
what facts his opinion is based, and il will be my
pleasure TO disprove any, and every statement
tending to raise doubt in that direction. If, ~
the Commissioner alleges, there is a rule of the
department that the decd in such case shall be
executed in presence of the agent, have only 10
say that as yet the deed remains TO be made, and
al. III n