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

guage equivalent TO II, consistency would require
that it should reverse and reyolntionize the entire
practice Of the department.
The other reasonsa ssigned the Commissioner
aguinst the confirmation are al founded upon the
1Ies and forms adopted by the department, and
tieoxecutiye generally, for purposes OF convent
ence and certainty; and, like the rules OF court,
are at all times liable to be dispensed with or mod
lied if the end of their adoption has been reached,
and substantial requirements are complied with.
1t Will, however, / think, be found that all the
objections TO the state Of the papers and evidence
have been fully obviated.
They are, that there was proof ot the lden-'
tity and competency of the grantors; that the pa
pcrs not executed before the agent; hat there
is no evidence that the consideration is the full
value Of the land; and that there has been no
payment Of the money.
To the compClol and identity Of all the
grantors, ! present the dispositions OF Baptlste
James, the United States interpreter: Of Anthony
A. Ward, citizen residing very near them. And
as to the competency Of Belmard and wife, Au-
brey and Joseph James, present the dispositions
Of Edmund Byrely and J a. Halderman. To
the competency Of his own wife, and the other
grantors, present the deposition OF Francois An
brey; and to the competency Of his wife, the de-
position of Moses Belmard; thus fully establish
ing the competency Of all the grantors, including
the husbands of the female reserves, and also
their identity.
in the actual presence Of the agent; but they
made known to him, as testified by Baptiste
James, and he declared the consideration 10 be
higher than he would have been willing TO give,
and allowed the parties TO have the services Of his
interpreter an adviser. In addition to this,
may say that it is the deed which the rule requires
to be executed in the presence OF the AGENT and 1T
is easy to provide still that that shall be done.
The value of the land is proven by the dispositions
Of Ward, Belmard, and Aubrey, and there is no
evidence to the contrary. Agent Clarke express
" says in his letter, that he does not know if the
price offered is too high too low; and he is CON
tradicted MS to several things by the oath of the
interpreter Mr.. Whit6ed's letter is not Off
cial one, and is to be regarded the mere decla-
ration Of any third person, not under oath. The
offers said to be made by others have no names
given; and contingent upon getting the whole
twenty-three tracts, which is impossible; and,
strangely enough are coupled with request not
to accept them. They are evidently made, not
to procure purchase, but only for the purpose
Of thwarting the contracts made with others. J.
b. Chapman, the only letter. writer who has care
fully examined the land, and knows anything of
It, with all his anxiety to defeat these contracts
admits that the price is moi belor his estimate of
the value.
That there has been no money paid on the CON
tracts is a singular objection, when it is recolect-
ed that as vet no title is made. 1t is amply Sc
cured because the deed and payment of the
money are to be simultaneous. II would have
been silly and unusual TO pay before receiving
title. That was done case formerly submit
ted 10 the President for approval, and the injury
which would result from the loss made an argu-
ment in favor of ratification as appears from the
opinion Of the Attorney General, (vol. 3, 52l;)
bat he properly remarks that it was the folly Of
the purchaser TO run that risk, and that he should
have taken contract making the payment de-
pend on the ratification. These contracts have
been made in accordance with the suggestion in
that opinion; and all that is asked for is 'tha the
contracts be approved and the memorialists al
lowed to make their respective deeds of convey
ance in accordance with the contracts upon the
payment 10 them Of the consideration money
and that the deeds be executed and money paid
in presence of the agent OF the Kansas tribe.
Most of the evidence applies TO the contracts
| with Declorie and Blanchard; and if there is no
| sufficient evidence of the payment of the money
receipted to them, the ratification in their case
can be made subject to the payment Of the whole
money, as in the others, and they can accept the
| purchase on these terms, or not, as they please
A. H. REEDER,
On behalf Of the purchasers.
| To his Fxcellency FRANKLIN PIERCE,
| President Of the United States.
| ."
Secretary Of the Interior 10 The President, together
lrith report Of the .4cting Commissioner Of In
dian affairs.
| DEPARTMENT or THE INTERIOR
| Washington, July 20, 1855.
SIR: In obedience to the instructions contained
in your letter of the llth instant, transmitting
| certain papers submitted BY Governor A. II. Reed
er in support Of his application for your approva
of contracts, entered into BY himself and Judges
Johnston and Gilmore and District Attorney
lsaacs, for certain half-breed Kansas reserves un
der treaty Of 1926, the same referred to tho
Acting Commissioner Of Indian Affairs whose re
port thereon is herewith presented.
From full and careful examination of the pa
| pers submitted in connection with the facts anC
| arguments set forth in the report Of the Acting
Commissioner, am Of the opinion that il Is, a
| least, very doubtful whether the Indians have 1
fee-smple estate in the reservations The United
| States have given permission, neither TO In,
nation nor to individuals, 10 sell these reserves
and there il, consequently, no power given in th,
treaty 20 the President 10 approve such les
The established forms and practice Of tho In
dian Bureau should not be disregarded. excep
for the most cogent and conclusive reasons
Even if the Indians had the right 10 sell, We
such contracts should not be approved unless I
is satisfactorily shown why the Indian agent wa
not consulted. Ii is his duty to protect the right
and interests Of the Indians, and as he was in IN,
vicinity, why was not al least an attempt made
10 obtain his consent;
Ifthe contracts were in other respects valid
yet, as the Indian Bureau has invariably denied
the right Of the Indian to sell--and that too pre-
vious TO the execution Of these contracts-upoI
the application Of Others DESTROYS Of purchasing
il would not be proper for you TO exercise tht
power claimed for you, and approve such con
tracts, until the Indian was apprized Of his right
and the public made aware Of the adoption Of /
different rule from that which has heretofore pre-
| vailed.
Although the governor Of this Territory is not
as others, ~ o6icio superintendent Of lndiar
affairs, yet, from his position, he is supposed tc
have eye TO the welfare Of the Indians, ant
should be the last TO set example at variance
with the uniform practice Of the Indian Bureau
He should avoid everything that could be tor
tured into a suspicion Of unfair dealing; 80, also
the Judges interested in these contracts, who may
be called upon in their judicial capacities TO pas,
solemn judgment upon some Of the questions
connected with or resulting from them.
II is necessary 70 throw around the property o
the Indian every guard which may efficiently
protect him from the superior sagacty Of the
white man; and as, in ordinary cases, such con
tracts would be scrutinized with great care il il
much more necessary where men, from their off
cial positions, have superior advantages, and arc
clothed with power that gives them extraordinary
| influence
From these considerations, and The fact that