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

rising spectators Ii il not therefore be wondered
Il that the governor should under the circumstances
think silly and unusual 10 prepay for those IN
Advance Of the approval Of the sales although, where
treaties provide for sanction Of sales BY The President
H. regulations require thai In al cases the consideration
shall be paid o. secured a. condition rreoedentto APP
prevail
The inference drawn by the governor as the value OF
these from the testimony Of Bapste James in
speet TO alleged remarks Of Agent Clarke IN reference
thereto Ear from being legitimate one when The very
ambiguous language Of his reported resrk is taken into
rongaeraon James reports him as having said that The
mice agreed he paid by Messrs Reeder Johnston Co
was hgA than Ne wonid Re willing TO give" Did Clarke
mean ~ this that Ia hts estimation the lands u good
snd dear fsimpe title could be given were ntrinscally
rorth less than s. 50 50 per acre Such remark
uuacosmPanied ~ any explanation 81 The circumstances
uuder which il made might beairly construed 70
ate either the intrinsic value Of ihe lands their
worthessDe purchasers in view Of the description Of
title by vbieh they were held by the At al
events bis letter d November leaves room doubt
at Agent Clarke considered these reserves worth double
either hese sums II brought lawfully and fairly no
market with the assent aud under rules and regula-
tons prescribed for this sale by the government
The observation Of Mr. Clarke that il was not in his
power give opinion s TO whether these lands
intrnsicsy worth much than has been offered
Cor them Is singulay enough construed by Gov. Reeder
10 apply the offer Of himself and official associates when,
in fact glance Carkes letter vii show the writer
bad direct and special reference 10 the offers Of IS and Sc
per made by agents Of two land companies referred TO
The preceding OF his This
singular peEFersion OF the purpor aud meaning OF the
agents remark il is bur charitable hope is the result not
Il design but o mistake Be that il may, the construe
ton thus pet upon his remark related by James in his
affidavit Is coute6cted by The whole Of the agents
letter 70 tins office written the same month"; crcuH.-
stance permit add which shows how important 1t
that be should have been present the making Of the
contracts In that the department would have
asked rely upon hearsay evidence 10 bis views
and opinions respecting the value Of the for it
ToCd doubtless, then have had them from himself IN bus
own words
have now in pursuance III directions reported upon
the Anew papers and given my reasons for my opinion
a. 10 their nsuiciency even in the contingency admit
ting (which do mott that the Kansas hafbreeds had
e-simpie tie and right sell and ALLEVIATE their
serves for the the favorable action of
the department the approval Of the President
Although the additional evidence If properly taken,
would establish The iden;ix OF the grGntor there
several objections still 10 full force The contracts
which would be fatal and have justified unfavor-
allie report upon the application for approval
Isl That the grantors only entitled 10 the OF their
reserves the ultimate fee remaining the United States.
Consequently the transactions being in relation treaty
spulaons and Of the l3ih section Of the niercourse act
d 1894, which provides penalty u $1,000 for sending
any talk speech message letter any Indian nation,
tribe chief individual with the intent produce
Onrarenon or infracton Of any treaty or other law Of
the United States, are, matter Of course 40 aitao
ID Admitting however for The sake of argument the
right ot the reserves 10 sci The evidence adnuced
having been taken in the presence Of the agent Of the tribe
iuadmssibe under the rules and uniform practice OF
this Office in where the Indian grantors live with their
2d hate ALREADY ad7crted 10 the reasoas Why the Evil
ience Of OF the white grantors, husbands OF hale
breeds is not admissible; md hare pointed out the de-
in the other testimony thai OF James By ery, and
HuderInan and Ward whose dsnteresedness Is not al
legged cTedibiiiiy volched for.
4h There proof thai the consideration agreed upon
etReen The parties has been paid secured 10 be paid,
the ETantors the evidence addueed 10 its su
ncy in view of its conflicting with the reports Of the
agents Of The department. deemed satisfactory The opin
Of the accredited agents Of the department entitled
great respect until ovetreied By the reliable and
1nquestoned testimony.
deem ii not improper in this connection to state that
picaiion in April 1852 by Hon. J. $ Phelps
the House Of Representatives. United States on behalf
T. Cheuau ESQ., for the approval Of deed 10 Clement
~ssert from Moses Bellmond and Adele his wife, for
iGenal section OF land proposed to be conveyed
Gov Reeder and associates The response of this Office
that application made TO Hon. Dir. Phelps under
u 2oth Mar b! that yar shat Asfe AIflrerds rgs
"a for in TIE treaty referred 10 possess ony sufructnry
lsgtt therefore il is competent for them to convey
estate in fee in the Besides these lands being sit
std within the Indian country their alienation could
o. be sanctioned without violating the long-seitled policy
the government which is exclude, far possible
settlement Of whites within what is called the Indian
Ountry therefore return, unapproved the deed from
almond and wife Lessert Again: that in July, 1854
referred 70 this Office application addressed TO you
j T. II Norton, esq, the 9th Of that month, making in
hurry concerning the habreed lands The reply Of the
commissioner 10 that letter made the 2eh Of July
follows, viz: have that this department has
ed that under the 9Th article Of the Kansas treaty Of
Is The Indians therein provided for have only usu-
ctuy interest III The lands set ap6rt for their use and
course the Indian tile be fTs extngushed before
he subject TO settlement sale public lands
Ia letter from Mr. Norton Of the 2Sth ultmo, 10 this
hce be states your satisfactory reply to letter addressed
ny self 10 the Secretary OF the Interior in July or An
lst last inqnring know whether these bs-breeds
cld sell these lands not induced myself and Others
engage In the purchase of the lands which the
nor Of the Territory has purchased after, have
cd believe, he had read your opinion upon
subject These might be multiplied bot those
med sufficient show their character and Of the pre-
Gus action Of the department and should Gov Reeder
" hereafter prevail there would he still another consid
aton 10 he met-which Is what claim would all previous
APPLICANTS who have teen denied the sight purchase or
Rho have purchased, have upon the governments be-
re The department Court Of Claims, Congress, for re-
lHegatioR for damages
Very respectfully, your obeiient servant,
CHARLES T. MIX.
Acting Commissioner.
u Ion r McCLrLIAxD,
Secretary Of the Interior.