The daily union. [volume] (Washington [D.C.]) 1845-1857, 1855-06-19

shrink from IA desire 20 goad you 10 s acceptance
tsee In my estimation Is Of little value reputation is
priceless and my only fear that you win decline this offer
Is based upon oogent evidence that your estimate Of
tlleee commodities Is ia an inverse ratio 70 mine
shall make this letter public aud await your early re-
py addrestd Easton Pennsylvania express the hope
that your reply viii he categorical distinct and positive
acceptance refusal Of my proposal without any evasion
OF the point or creation OF issues. | viii make no
other issne and into discussion with you until
this disposed OF and your reply, II not published by
yourself viii be published by me
Respectfully, &er ,,.,,
G. W. MAsyrEsSY, Esq, Commissioner Of Indian Affairs.
Cousaaissioasr uaaypsnay to Gorefaor Reoasr.
DrpARrxxsr OF rHE INTERIOR,
Office Indian Affairs, April ~, 1855.
SiR received on the 23d your letter the 30th
ultimo In which, my surprise you arraign for my
official action in respect 10 the reported specuaons Of
tain officials in Kansas in Kansas haifbreed
lands although that action, Is evident from the docu
which accompany the report from the Secretary Of
the Interior of the LIST OF February last TO the Speaker Of
the House OF Representatives, prsdcated upon the CHI
cial reports Of Agents Clarke and Whitfield dated In No
vember last and calling my attention to the subject As
10th those gentlemen addressed in their official capacity
Indian agents and they derived their appointments
from the aud myself and to speak
from personal knowledge OF the facts they communicates tits
somewhat singular especially they reside in your vicinity
that you should have deemed them unworthy OF notice IN
your ehyarie zeal in defence OF yourself and official associ
in the territorial government from what you pleased
denounoe slanderons attack Had your passion
entirely ecpsed better Judgment il would have been
obvious Won that The legal guardian OF the rights
Of the Indians at liberty to blink gloss
charges emanaiing from such high official authority espe
ciay when ia the referred they appeared D be
corroboraed by letters and information derived from
spectacle private Although the transactions
rather bad aspect bad idea that the most material
Of the charges the speculation Of territorial officials in
these hafbreed lands would have oee admitted
and that too the signature OF one OF them the
of the Territory himself eandidy conessing its
truth Still less sir, did expect that whilst making this
confession behalf Of yourself and associated specua-
have had iha Hold nd had
attempt defence OF the morality and proprety of the
sThose contracts Ct your wor3s) were il appears
eonseees sake made IN the name Of Judge Johnston
although il well understood that Judge Elmore Col
Isaacs and myself yourself equally Interested
This is candid and full confession of the facts which
constitute the grayamen Of my complaint; and as your
controversy with turns mainly upon the point Of the
propriety Of such specnlaons in lands crcumstnced
win without condesccndlng handy ephets the
yiiupeatiye language with which you assaiI me- say
few words by way OF explanation, upon that subject
Under the sixth arceof the Kansas treaty of 1925 there
reserved 'from The lands ceded mile square of
land for each certain halbresds Of the nation and
twenty hree individuals mentioned n the treaty for
whom many sections oil land reserved the north
of the Kansas river. Similar language is employed
the reservations made under the Pottawaone treaty Of
the goth OF October 1882 and il will be seen By the op-
ion Of the Attorney General OF the United States given
the 10th Of September 1893 that that officer considered
that the original Indian title TO these reservations
extingnished the ratification of the treaty
The Kansas halfbreed lands however being situated
within the Indian country, no question as to the nature
date Of that opnion but when the question did arise
this department uniformly held that the principles of that
decision were equally applicable the Kansas the
Pottawatomie From that time parties have
presented the question BY submitting deeds fol- approval
the uniform opinion OF the Indian department has been
verse 10 the power OF the kansas hafbreeds sell ali
enste their and hence sir my opinion Of the
indecacy and imptopct of high official fnnctionaTies
~ the Territory engaging IN attempted specuatos there
y IN violation OF laws regulations and decisions which
from their exalted position they should be the first up
ncd and the last TO violate When those VINO should have
peen The consersaors become The voatos Of laws
leave il 70 that pnbc to which yon confidently appeal
TO judge If the example thereby set has not "Gemoral
izlng tendency. leave il to all candid men, also to say
II such conduct on the part of official unctonnries Is
not disrepatabie and, under the circumstances stated
10 the report TO which you take exceptions, "mark-
ed by indelicacy and improprietyp 1t is maxim
that Ignorance of the Law exeuseh man. How
much less then does ignorance Yeokessnesz OF the
laws applicable to The government and protection of
large portion Of the inhabitants of nowlyorganzcd Ter
rory those appointed te the judo
cial expounders OF such laws2 10 him whose OF
Topriey is obuse to induce him think that such
disregard OF the Laws and regulations provided for the
protection and guardianship Of the Indian wards of
general government is innocent in ITSELF and involves
moral nrpitude or "demorn'i1ing effects have word
TO say Such casust have lust conception OF the
distinction between right and wrong and of course moral
truths can have no effect either in quickenng the suscep
by Of his conscience or in enghtening his understand
ing lie that the bare recital and unbush-
ing acknowledgment q these attempted speculaons BY
government officers in the face of law enough shock
his sense OF official popriety have q conscience inn
pervons to reason, and which no language can reach
You lay much stress upon the competency rantor
and the fairness Of the consideration proposed be paid
and dwell with much selfcompacency upon the inte-
gence and accomplishments of three of the vendors
Messrs Louis Pipn, Francis Aubrey and Moses Belmor
Tor Richmond ALI OF whom you say chite men, and
the husbands OF three Of the habreed Of the re-
serves Had been deeply versed ia the mysteries Of
Indian conveyancing you doubtless other branches
Of law you would have known that was the Intelligence
competency Of the reseryee his her heirs and not
that OF whites who may intermarry with either which
i was incumbent the grantee establish as condi-
ton precedent to the approval OF the sale of Indian re-
serve in his favor But il all you say about the exraor
binary sharpness and trading capacity of your vendors
true, STILL II the right to sell conceded as they in
heris their lands Indians they treated as Indians
and their lands whenever sold be disposed Of subject 10 the
rules prescribed for the government Of the de-
partment in of Indian The fact of wit
TO the execution such OF writing be-
ing in these cases neresfsd party would if known
vaie well as nyali!a,e the Transaction The compe-
tency Of the vendors and The fairness OF the consideration
paid or agreed TO be paid must also be established by dis
nrtsied testimony The rule which requires the
execution and acknowledgment or Indian deeds ia The
presence OF The ageu " The tribe lie any case waived
where such agent exists Although YOU seem cutie pos
tive as 70 the fairness and adequacy OF the
agreed 70 ae paid in those cases the evidence
OF Agents hheid ai CarSeAs the true value OF these
iands IS under the rules Of evidence universally
entitled 10 more respect tan the unsupported
an interested party matter bow high his official posi-
ton will remark however, in passing that If Ii Is true
as you state that three least OF Tie vendors being
white men, could have preemprd quite good land al
81 20 acre you have in agreeing to give them double
thai sum Tor sher land exhibited degree of