Minnesota weekly times. [volume] (St. Paul, Minn.) 1854-1859, 1855-05-01
Henry M. Rice's Reply TO Mr.. Browne.
WASHINGTON, April 9th, 1855.
Hon. r. McCLELLAND, Secretary of Interior:

SIR: On the 28th ultimo, Mr.. j. Ross Browne
made report in relation to the sale on the ltb
of September, 1854, of the late Military Reser-
vation at Fort Smelling, the extraordinary char.
acter of which report renders it proper that
should take some notice of its contents. It is ap-
parent from the face of the document, that Mr..
Brownies chief object was to assault the charac-
ter and iniure the reputation of certain citizens
of Minnesota, who have become obnoxious to
those whose delinquences he wishes to conceal,
rather than to promote the public interests by a
truthful exposition of the facts as they are known
to exist.
In furtherance of this object, he sets out by
charging that there was an unlawful and fraudu-
lent combination among large number of per-
sons, to defraud the Government of the value of
these lands: that this combination succeeded BY
force and violence in preventing competition at
ed Of more than three hundred thousand dollars:
that the punishment prescribed by law for this
offence, is penalty of one thousand dollars, and
imprisonment for two years: that Henry NJ. Rice,
the Delegate to Congress from Minnesota, was
one of the purchasers at that sale, who, among
the other guilty parties, purchased a part of the
said Military Reservation at ST. 25 per acre, and
thus defrauded the Government by preventing
competition, &C.: "that Charles L. Emerson, edi-
tor of the Democrat, known MS the sRicc Organ
had purchased five acres of said reserved lands;'
that s: Henry NJ. Rice, the Delegate from Mnnc-
sota,'' wrote letter, that '' these sales vr-
tualy confrmei," and congratulated the hardy
p:oneers,' &C., &c.: and in conclusion, refers
anew to a list Of the Games of the purchasers,
and reilerates that 'samong which will be found
that of Henry NJ. Rice, the present Delegate from
Minnesota"
1t is apparent from the conn cction of my name
in so many forms, with the sales of this Military
Reservation, that the object of Mr.. Browne was
to point oat to the Department, and to tn,
a., ;oG e L..
fraud upon the Government, and one who realized
enormous profits from the transaction. Fortu-
natcly, the records of your own Depa, tmcnt con-
vict NJ. Browne of falsehood on evcrv material
statement he has made against me. The records
of your own department. as we'll as the records of
the Land Office at Saltwater. where the sale took
place, proves that l did not purchase any land at
the sale. The same records prove, that the lands
mentioned by Mr.. Browne, as having been pur-
chased by me at that sale, had bccn entered and
paid for by me at that same Office, nearly three
years previous. The same records prove that the
tract of land, which Mr.. Browne says belonged to
the military reservation of Fort Smelling, did not
belong to that reservation, and was not embraced
within it's limits. The same records prove, that
the tract of land in question was never purchased
by me at public sale ut any time; but that, after
having hecn offered at public sale, at 81 25 per
acre, when there pretcxt of a combna-
ton, and not being sold, for the reason that
one would bid, was struck off to the Government
and subsequently entered by me at private sale,
in the usual manner. In short, the records prove
that every statement made by Mr.. Browne for the
purpose Of fixing charge of fraud upon me, was,
and is, absolutely false. The truth is, was not
at tie sale in question; had no person there to
represent me had no interest in any of the land
to be offered was not in the Territory Of Minne-
sofa at the time of the sale; but on the contrary,
hundreds of miles distant, and had no knowledge
whatever of the Gil cumstances attending such
sale.
With these facts before you, what confidence,
may ask, sir, can be placed in the statements of
your agent, making charges of fraud against my
self and others, when it is obvious that his object
was to direct public attention from my cnem es,
and thereby aid and assist them in covering up
and concealing their own delinquences.
lie cannot plead ignorance for these false state
ments, for the facts appear on record, and he
fcrs to those very records, and at the same time
fa!sifcs them for the purpose of making his
charges plausible.
1t is true, as Mr.. Browne states, the sale refer
red to did take place at the time mentioned; and
from his list of purchasers, it appears that there
were twenty-three bidders present, who reside
from twenty to twenty-five miles from the Land
Office, which is located in city containing about
two thousand inhabitants, who, Mr.. Browne would
have it appear were ntimidated by the said twen-
y-three purchasers ssforming the combinaton.''
ted to report all the facts, did report that the
utmost harmony prevailed during the sale.' In
regard to the land ITSELF have to state that there
is not single quarter section that was not culti-
waited prior to the sale, nor quarter section that
was not otherwise improved, some of which i'm
provements, upon single eighty acre tract, cost
over $1,000.
1t is true, as Mr.. Browne alleges, that some of
these lands had been cultivated and occupied for
several years past and it is also true, that the
land is now very valuable! But who made it so?
The settlers themselves, by the introduction of in
dustry capital and civilization into that new and
distant region. Seven years ago St. Paul and
St. Anthony did not exist; and but little more
than six years since the sites upon which they are
erected were entered at ST. 25 per acre; much of
which is at the present time worth from 700
to $4,000 per acre; therefore, according to the
reasoning of this special agent, the government
has been defrauded in these purchases, of an enor
nous sum of money and it cannot be perceived
whv he did not also ask to have those entries can
celled. lie does not believe that " land specula-
tors throughout Minnesota, wer, prevented from
bidding by motives of personal friendship for the
claimants holding poscceoiou of tho land - Na;th
er do |. But a sense of honor prevented any but
the rightful claimants from bidding. There is a
bond stronger than any law, which makes honest
men respect the rights of their neighbors, and I
am glad that that bond is so universally respected
throughout Minnesota.
Your agent submits copy of a protest and
agreement, &C., given him ~ Lyman G. Dayton,
By which it appears that Charles X. Rice agreed
to sell said Dayton fortyseven acres of said land
for 1887, which the saii Rice bought for about
$50. 1t is to be regretted that Mr.. Browne, while
examining into the pruate affairs of the citizens
of Minnesota, d I'd not ascertain what the improve
ments on this land cost Mr.. Rice. 1t is we'll
to every man the least conversant with the west,
that claims sold every day and that improve
ments are constantly changing hands upon both
the surveyed and unsurvcyed lands, and are re-
garded as properly by the local laws. Nor do l
know of any law human or divine that binds men
in Kansas or Minnesota, to keep possession of
their claims and improvements any longer than it
NAV suit their interest convenience so to do /;
neither can 1 see how mans land, regularly
purchased can be taken from him, because his
improvements and those of his neighbors have
made it worth more than he paid for it. And as
to the improvements on the claim of Charles 4.
Rice, to my own knowledge, they cost him over
50 900 prior to the sale.
Again, NJ. Browne says "there appears to be
strong prejudice in the new Territories in favor
Of original settlers and claimants" This is true:
and am glad he made the discovery: for it is an
important fact going to show that western men
are possessed Of high sense of justice and honor
and will protect their neighbors' rights readily
rs their own. Again, by reference to Mr.. Browne'l
renort II aunear1 that he took general look into