The Kansas herald of freedom., 1855-07-28

, land marked by no imposition, deceit, or
7 fraud. We have already shown that the
' transaction was marked by fair and hon.
orable dealing throughout, and that the
/. vendors had ample opportunity for con-
: sultatien and deiiberation, and for this |
refer 20 the depositions now before the
President. IF the President is not satis-
fed On this point, earnestly request that
may be informed ia what particular he
differs from me, and upon what facts his
opinion Is based; and it viii be my pleas
: ure 10 disproye any and every statement
; tending to raise doubt in that direction.
II, as the Commissioner alleges, there is
a rule of the Department that the deed
, in such case shall be executed in presence
of the Agent. have only to say, that as
! yet the deed remains to be made, and the
vendors and the President have control
} tof the whole matter, and can direct how
the agre .ment shall be eonsummated-
that the matter was (eren in our igno-
rance of its necessity brought to the no.
tice of the agent, who furnished his in
terpreter 10 assist in making the agree
ment, and considered the price high
one. cannot conceive it to be on this
point that the President is embarrassed;
) for even if the agreements is to be treated
as deed, and if Mr.. Clarke's assertion
is to outweigh my own and the deposit
ton of a disinterested witness, there can
be no complaint against US, except for
the violation of an artificial rule of which
We were ignorant.
II these explanations have not touched
the point which has raised the Presidents
embarrassment, would, in view of the
fact that the President has all the memo
rials, contracts, depositions, &C., now
before bin, in which all the points are
raised, most respectfully request that the
Ipoint of difficulty may be distinctly
stated, and that the papers, or copies of
them, be forwarded to me, aud will meet
it with all the directness and certainty OF
(which | am capable.
In regard 70 the second charge, / would
respectfully request some specification oi
what is alluded to, to enable me 10 reply
satisfactorily to you, as well as myself.
1t is to be implied from the charge, ihat
some complaint has been made To the
President, by some one, of specific ac;s
done by me in violation of law or regula-
ton, and | cannot suppose it would be
received and acted on without being in
writing. At least, it must have had
form and shape, and even though may
not know my aceuser, it is not-too much
to ask that may be informed of the par
ticular act which l am charged with hav-
! ing committed, and tke particular law
| am charged with having violated.
On turning to the letter of G. w.
Clarke, Indian Agent. to which you refer
me, l find that in endeayoring to excul-
pate himself from charges of official de-
|Iinquency, he indulges in much general
vituperation, which.I cannot for a mo-
ment suppose you wish me to notice; and
the only matter TO which l can Judge that
your general allusion can apply, is an al
legation that in October, 1854, |, with
Others, procured claims to be marked
upon the Kansas half-breed reservations.
In reply, have only to say, that as stated
it is untrue. In October, 1854, several
gentlemen, including myself, happened
to be at the house of Mr. Ellison, in
portion of the Territory with which we
were entirely unacquainted, and had
never seen before. Being informed that
desirable claims were to be had in the
vicinity, upon land open to pre-emption,
we requested that he would mark them
out for us; and knowing that the Kansas
half breed lands were in the vicinity, but
utterly ignorant of their lines, we re-
ques;ed him carefully TO avoid entering
upon them, as VIC had no desire TO tres
pass upon those reservations, and knew
perfectly well that the marking of claim
upon an existing reservation would bs
utterly fruitiess and nugatory, resulting
in the loss of our labor, without the least
chance of benefit. Mr.. Ellison professed
to know the lines, and assured US he would
avoid these reserves. We left before ihe
claims were marked, and l have never
seen them since, nor do / now know
where they were made. | do not be-
lieve that Messrs. Ellison and Kramer
made them upon these reservations, or if
they did, | am satisfied they did it in a
mistake of the lines. Finding that we
could not personally occupy them, and
that without occupancy we could not ac-
quire title to them, we abandoned all idea
of them, and have never looked after
them, from the day they were made
That endeavered to retain this claim,
and advised an intruder TO leave it, is
untrue. 1t is true that in conversation
with one of the gentlemen whom Mr.
Clarke encouraged TO go on these lands,
| ascertained that he was upon section
for which we had contracted, and | in
formed him that he could not possibly
acquire any title there-that if the con-
tracts were confirmed by the President,
we could not allow settlers to remain there.
He then inquired if he could not also con-
tract for tract, and / stated to him that
there was one of the Reserves who had
for some time been offering TO sell his
section at four dollars per acre, and that
Fif the President approved our contracts,
he could, without doubt, purchase that
section. This conversation was, think,
in the month of February last; and 50 Ear
from attempting to induce the gentleman
10 leave me my claim or take another ior
himself, | distinctly informed him that
it was impossible for any man 70 acquire
by settlement or pre-emption any interest
or title to any of these reservations.
Most of the statements I have made in
this Communication are clearly proven
by the depositions and papers now before
the President. Those which are not,
and particularly my statement in regard
TO the matters charged in the letter Of G.
w. Clarke. l can establish beyond all
cavil, by the testimony of most unexcep-
tionable witnesses, If nscessary.
] cannot conclude this letter without
again urging upon yourselfand the Pres
ident, as matter Of the simplest justice.
demandable By The hambiest man in the
community, that should be informed of