The daily union. [volume] (Washington [D.C.]) 1845-1857, 1855-08-05


rs is apparently drawn up In that gentemans own hand
writing aud comprises the following atdayits, all dated
the 2Sth Of March last;
Isl That Of Moses Bellmard white man and the hus
band of Adele Lasete Of the reserves in which be
that he and his wife sold $50 Of their reserve
ITO ouernGr Rsd Judges Fillmore and Johnston and DE-
ct Auornsy sacks October last = that the verbal bar.
gain was first made BY Judges Gilmore and Johnston and
not in the presence Of Governor Reeder or Mr. lsaok
whom they had then seem that the contract was
duced TO writing by Gov Reeder and signed by them the
grantors that they "knew the lands better than the
grantees" and sold them at their own price y 30
that they the granors were satisfied with the sale
having previously sold loo of the 10 Antoine
Deore for 81 % per acre and 100 acres to John Banrh
ard 81 80 per acre that mo fraud was praesed upon
them = and that they knew he said officers purchased
any other private individuals ron their own private
count and not officially for the government that be-
Bellmard speaks the French and English languages and
his wife the English, French and Kansas Indian that
their competency TO their own affairs no one a
auainted with them would in his opinion, dispue that
be was with similar sales made by Francis Au-
brey Louis Papin and Joseph James about the time
and the best of his knowledge and belief there
sort Of fraud misrepresentation connected with Them,
&c.
Cd Francis Aubrey also a white man, and the husband
of Peagie Gonvi makes affidavit similar in substance
to the above the sale of the section OF land reserved
to said Pelage for IS per acre. TO the same parties He
also states that he was DESTROYS having the sale confirm
ed he could preempt good land "ht ~ 70 per acre
and have money enough left from the sale OF his own TO
improve it that he knew well the other persons in bis
neighborhood who made similar contracts with the said
officers and ''that they quite competent TO manage
their affairs" &c.
Cd Baptse James tJoncas) a half-breed, and United
States interpreter deposes the identity and capacity Of
Louis Papn and Julie Gonv his wife, Francis Aubrey and
Pelegie Gonv, his wife with Moses Belnard and Adele
his wife and also with Joseph James that they cou
petent to manage their business and make their own con-
tracts !; that Clement the younger, having died. Adele
became his sole heir and that his father subsequently
and during the life of Adeles mother, married white
woman by whom be had several children and the said
mother then married Kansas Indian lie also states
that when the contracts were making he stated TO Agent
/ funr Tho eui1 les
chases and the price, and that Major Clarke stated that
was higher than he would be willing to give; and also
told eponent he could not consult with these parties
in the morning as he needed his services but could 90 at
noon.p
GThe three preceding adavits taken before james
4th Edward Byerly and John A. Ialderman on the
same day make affidavit before G. X Holiday justice Of
the peace that they acquainted with Moses Bellmad
and WIFE Joseph james and Francis Aubrey and that Id
their estimation they are fully competent to manage their
affairs"
5th Anthem A. Ward, on the day, and before the
justice OF the peace deposes and says he has resided
fourteen years the Territory and is well acquainted with
Joseph James Louis Papin and wife, Moses Beilmard aud
wife, and Francis Aubrey and Wife and resides near them
that Joseph James and the wives OF Aubrey Bemard and
Papn halbreeds, and the identical persons to
whom section Of land each reserved by the Kansas
treaty Of 1926 that they arc all fully competent to man,
age their aasj that he resides within sight Of said
lands and obeieyes that the OF So 30 and S3 per
acre is full value aud fair price for said lands"
The foregoing is synopsis of the additional testimo-
nv and If the three last adavts had been taken in the
presence the agent of the tribe ian indispensable pre-
requisite where they have agent;) if they had alleged
in their adavits that they had interest," contingent or
remote in the pending application for the approval OF TIE
contracts; and if the chatacte standing, and Reliability
of the adayits had been duly certified to by United
States officers known to the department. but having no in
erest in the contracts they would have removed Of
the objections heretofore urged against the contracts for
want of form. As to the affidavs of Bemard and Au-
brey in respect the intelligence of themselves and their
wives they entirely nadmissble for the that
the facts they undertake prove should he established by
the testimony OF disinrested persons Being white men,
and the husbands of Of the halfbreeds they have
interest which could not fail to influence their opn-
IONS in converting the reserves OF their wives into cash.
Experience proves that whites who thus intermnrTy
with Indians always the most reliable portion
of population. In fact the affidavit of one OF
the witnesses introduced by Gov Reeder basil Janesl
furnishes illustration in point and shows how lightly
the marital obligations rest upon some oil that class OF per
sons In that affidavit James Joncas) states that the
father of Adele Belmard horn Lasette Of the gran
tors subsequently and during the lifetime u Adees mother,
married white woman, by whom he bad several children
and the said mother then married Kansas Indian re-
qures great stretch OF imagination to believe that the
who thus added the crime OF bgamy to that of the
abandonment of his wife would not chad opportunity
oered hesitate to make any representation which might
enable him to convert his wes into avaia-
BILE portable form OF property In addition to this
objection to these adavits the great similarity IN their
recital and expression Of the opinions FORTH and the
vindcatory tone towards the purchasers which they
breathe throughout circumstances calculated to impair
confidence in their being the unprompted and unbiased
opinions of the atlantis after full and fair understanding
all the factS, connected Win tne tTahS-
actions TO which they relate Had agent of the
government been present to elicit facts and TO rep
resent the other side of The question, it is plain
that the dispositions might have been much modified
if very different This nonotony of expression,
this absence of all individuality of character in the ideas
advanced Is however the legitimate consequence of hav
ing the testimony prepared reduced 10 writing appa
renty by of the contracting pares--a circumstance
that would of ITSELF under the rules of evidence usually
recognised by the department in such cases. be sufficient
to throw doubt the fairness OF the transaction The
situation of these vindcaes the policy and pro-
priey of the rules prescribed by President jackson the
protection of the Indian wards of the government ia
of Indian conveyances and at the time shows the
cessity Of not changing modifying them for any slight
trivial cause, especially in where good
possibly result except to facilitate the business of specu-
ton in Indian lands 1t would be mistake suppose
that because the purchasers of these found
willing to that the price agreed TO be paid for them
fair and adequate one the Executive is obliged to
take such evidence conclusive On the contrary the
evidence adduced be such satisfy his mind
and he may think testimony taken under such crcum-
stances less reliable than the written statements of the
credited agents of the In reference to the
pacy and intelligence of these reserves Agent Clarke
states in his of the 18th Of November last that hey
creduous and easily imposed upon and that be had
been called upon by respectable and responsible gentle
men, representing two companies, who whenever IL
pleased the goeeraDie to offer these lands for SALE
willing 10 give the six and the other four dollars
acre for the whole twentytbree sections Of halfbreed
lands The aw-abdng spirit evinced by these speculang
companies IN deferrng their operations until the pleas
IRE Of the government formally and officially made
known and the lands brought fairly into market contrasts
official functonares of the Territory who Agent Clarke
the ptterlh had nod in