Evening star. [volume] (Washington, D.C.) 1854-1972, 1855-06-05


fact OF a witness to the execution Of such an
instrument of writing being, as in these cases
An snterestsd party, would, if known, vitiate
"a we'll a. invalidate the transaction The
competency Of the vendors and the fairness of
the consideration paid or agreed 70 be paid,
must also be established by disinterested ties.
timony; nor can the rule which requires the
execution and acknowledgment Of Indian
deeds IN the presence Of the agent Of the tribe,
be In any case waived, where such agent ex-
lists Although you seem quite positive as to
tse fairness and adequacy Of the consideration
agreed to be paid in those cases, the disinter
ested evidence of Agents Whitfield and Clarke
az to the true value Of those lands, are. under
the rules of evidence universally recognized,
entitled to moro respect than the unsupported
assertions OF an interested party, no matter
how high his official position. will remark,
however, in passing, that if il is true, as you
state, that three, at least, of the vendors,
being white men, could have pre-empted quite
as good land at 81 Is per acre." you have, in
agreeing to give them double that sum for
their land, exhibited degree of disinterested
beneyolence and self sacrificing liberality,
which, permit me to say, has few parallels in
the history OF speculations In Indian lands
You maintain that Gan individual accept
ing public Office, does not forfeit his right to
buy land and make profit by it," This, sir
depends entirely upon circumstances. If the
land Is fairly in the market, open to sale and
free competition, and no special rohibition
either expressed or implied, exists, DO one
can justly question that right; but, eren in
suoh cases, questions might arise rendering it
of doubtful propriety. If, however, as in the
case Of the Kansas half breed land you cen
tend that the government functionaries have
right to set the laws and the regulations of
Ia nv NJ ~ AaEo
as utilities, then differ We entirely, and
1 take issue with you upon the subject So
long as the right of the reserves to make
such sales, or of citizens to purchase those
lands, is decided adversely by tho constituted
authorities, it is the duty Of every government
official, high and low, TO set az example of
obedience and respect for the laws and regu-
latiens, as interpreted by the proper Depart
meat.
You say "my colleagues are absent from
the Territory, and l cheerfully assume the
defence upon myself" This is certainly
creditable to your spirit, if rot to your dis
erection. So far, however as this championsh hip
relates to Judge Johnston or his contracts, l
protest against the assumption on your part of
his defence. That gentleman has lately been
In this city, and during his stay here, several
interviews took place between Us, in which we
freely discussed the facts connected with these
transactions; and | must say his staten onts
and mode of defence differ materially from
yours, and he did not admit t. at you had any
pecuniary interest in them. I requested him
t. re luos his explanations and statements to
writing, and l, in my turn, pledged myselfon
receiving them, to make certain concessions,
having no motive or desire to do Injustice to
any man while acting in the discharge Of my
public duties or otherwise. lie did not, how
ever, comply with my request, and declined
ts disturb the report which | b ed made on his
contracts.
IL respect to yourself, will frankly state
that, with the admissions of your letter before
ne, have not, 80 far as you are concerned,
any retractions or concessions to mako What
vas merely matter Of inference or copjec.
ture in my report of January last as to your
collusion with others in the purchase of half
oresd lands, you boldly admit 10 your recent
letters Of defence, or rather of attack, and
Il row yourself upon The country for the vim
ticaion of the propriety Of your conduct. So
tsr as regards the value Of these reserves and
the fairness Of the consideration which your.
self and associates agreed therefor, he public
must judge between your assertions and the
conflicting evidence Of responsible and digin-
terested officers of the Indian Department re
siding in the Territory, 20 which have before
adverted as accompanying my report to the
Secretary Of the Interior
IT, owing to their high official positions,
there YVES indoiicaoy and impropriety in the
+ zecutive and judicial officers Of the Terri
tory in participating as conveyancers and wit.
nasses N the attempted sales of these half
breed lands, that indelicacy is rendered more
s.rikingiy manifest by your confession that,
l. FOR convenience sake" the deeds wore made
to one OF the parties, while the others, equally
Interested az grantees, acted as toitHeSses
Should the contingency ever arise when the
Indian reservee shall have no altern alive left
but to submit the ar bitrament Of his rights
under these contracts to tribunal thus in
terested and thus constituted, he might find
himself IN the predicament of the lamb in the
fable
In relation to the singular proposition for
"a compact" between us by which it shall be
agreed that, in i grand contingency to trans.
pre- by the first Of October next, the President
81 ell remove one Of ue, / have to remark that
have no bargains to make, and certainly
none Of this character. The power Of reno
val as we'll az of appointment is vested in the
President, ard it seems to ne that it is Meth
or consistent with my position nor respectful
to tina President, to entertain youfproposition
Were 20 DO 30, however, with ! protest of
II the communication TO which l am now re.
plying, and the other testimony in the Indian
Office, l might safely rest the case.
As l an not ia the habit Ct publishing in
TIE newspapers OF the day the official CORE.
spondanoe Of this Office, must leave to you
the pleasure Of giving this communication to
tho public.
Very respectfully, your obedient servant
GEO. FL. MAsYPENsY, Com'r
His Excellency A. Ii. RgRDER, Governor of
Kansas Territory, now at Easton, Pa.
The Resignation Of Major 3. 2. French -
Our readers are all doubtless aware that late
Last evening Major B. B. French resigned the
of Public Buildings, and
that DR.. John B. Blske was Immediately ap
pointed by the President in his stead. Of this
appointment We cannot speak too highly; as
it is received with reclamation by those in
this community sho really have anything to
lose by nal administration of tho functions
Of this SO Important trust, as all have, wbo own
real estate here, or who thrive By the true
of our city.
The resignation Of Major French, as ex-
planned to us, reflects credit on his character
and patriotism. I.is said to have been wholly