The national era. [volume] (Washington [D.C.]) 1847-1860, 1855-02-22

If the Attorney General, Mr.. Cushing, on two

OF the Attorney General, Mr.. Gushing, on two
points:
"Can settlers, under the authority of the act
of July %, 1854, make location and obtain pre-
emption of the lands coded by the Iowas, Della
wares, Weas, &C.,
"Or, is the treaty the paramount law, and
must it prevail?"
The inquiries were submitted, and the reply
of the Attorney General, dated August 4th, was
published in the Daily Union of the 22d. 1t
completely sustains the construction of Colonel
Manypenny, and pronounces unlawful any &C.
cupation by the whites, of the ceded lands of the
Indians. "In fine" says Mr.. Gushing, "my opin-
ion is, that the act of Congress gives presumption
only to such of those lands ceded, as are not
required first to be offered at public sale; that
the lands ceded by the Delawares, Iowas, and
Weas, under condition of being first offered at
public sale, are no more opened to presumption
by the act of Congress, than the military
reservation at Fort Leavenworth; that these
lands cannot be taken up by settlers under
claim of presumption; and that all claim of pre-
emption there will be merely void in law, and
will confer no right, now or hereafter, on which
to demand the issue of patent from the Com
missioner of Public Lands Moreover, it would
| be the duty of the President to maintain, by
force, if need be, the plighted faith of the Uni
ted States in their behalf"
Nothing can exceed the URGENCY of the de-
mands upon the Administration at Washington
for protection to the Indians. The Superin-
tendent of Indian Affairs at St. Louis, Mo-, Mr..
Cummins, and the Indian Agent in Kansas,
| Mr.. Robinson, constantly addressed the strong
est representations to the Commissioner of
Indian Affairs, giving the names of trespassers,
submitting testimony of the criminal conduct
of officers at Fort Leavenworth, announcing
unlawful combinations to defeat the treaty, and
insisting that decisive action by the Executive
would put stop to the evil.
Colonel Manypenny himself paid a visit to
the Territory, by personal observation ascer-
tanned the truth of these representations, and
they were all duly laid before the Secretary of
the Interior, who, in letter, dated November
18th, submitted the subject to the President.
relation to the lands ceded by the Indians to
the United States he proceeds:
"The Commissioner of Indian Affairs while
at Fort Leavenworth, on recent official visit
to the Indians in that vicinity and elsewhere,
and also since his return, reported that persons
had made, and were yet making, settlements,
and had laid off a town near the fort, on lands
coded to the United States by the Delawares,
to be sold for their benefit; and he now recon-
mends and urges, as you will perceive from his
letter, and from an extract from his report,
which, send, that those persons may be regard
ed as ntruders, in violation of law and of treaty
stipulations, and be forcibly elected therefrom.
a. also enclose you printed copy of the
opinion of the Attorney General, to which the
Commissioner alludes; and will merely add
that my own opinion is, that these treaty stipula
tions with the Delawares should be executed on
the part of the Government in good faith, and
that every proper effort should be made to defend
and protect their rights and interests.
"The matter is respectfully submitted for
your directions, as to what steps shall be taken
in the premises"
November 25th, he again writes to the Presi-
dent
" In consequence of the recent reception by
the Commissioner of Indian Affairs of adyices
from the Indian agents in Kansas Territory,
showing the importance of early action upon
the subject of my letter to you of the 18th in
slant, communicating his recommendation that
the trespassers on the Delaware lands be forci-
bly, removed therefrom. / am induced to recall
the subject to your notice, and to add that, in
my opinion, the longer the action of the Gov
ernment is deferred, the greater will be the
evil complained Of and the difficulty of the
remedy
These repeated calls upon the President
brought no answer. While at Fort Leaven-
worth, on his official tour, Col. Manypenny ad-
dressed letter to the Secretary of the Interior,
dated September 26th, stating various facts in
relation to the participation of Major Ogden of
the quartermaster department, and Major
Macklin of the pay department, in the lawless
proceedings against the Delawares The al
legations contained in it were communicated
to Col. Davis, Secretary of War, by Mr.. Nc
Clelland, in letter dated October llth. On
the 18th, COL Davis, acknowledging its recep-
ton, stated that orders had been given "to OBJ
tain from the commanding officer at Fort
l,eavenworth full report of all the facts in
this case" No notice was taken of a request of
the Commissioner of Indian Affairs, contained
in the communication of the Secretary of the
Interior, " for the removal by the War Depart
ment of the squatters upon the Delawares'
land"
November 2Oth as we learn from a subse-
quent part of this document, replies we're re-
ceived from the officers implicated, and at once
submitted by COL Davis to the President
December 23d, Col. Manypenny informed
the Secretary of the Interior that such replies
had been received, and his allegations denied.
He therefore desired to be furnished with copies
&c. HIS request was communicated to the
Secretary Of the War Department, who, in
note to Mr.. McCelland, December 27th. said
the letters had been laid before the President
and that it was his intention, when returned.
to furnish copies as requested.
January 18th, COL Davis wrote to the Score.
tary of the Interior, they have only this morn.
ing been returned by the President, and here
with transmit copies of them"
These important communications were in the
hands of the President from the 10Th Novem.
Der till the 18th January, nearly two months,
and yet they occupy but six pages and half
OF the report, and might have been read and
disposed of in less than fifteen minutes This
Is but another striking illustration of the utter
indifference to the rights of the Indians, and
the faith of Treaties, or of deliberate disregard
OF these rights, manifested by the President
10 the repeated representation of the Secre-