Washington sentinel. [volume] (City of Washington [D.C.]) 1853-1856, 1855-06-21
COMMISSIONED yuanypenny 70 GOrern0r Reeder.

q. w. MANYPENNY, Esq, Commissioner of
Indian Affairs.
Commissioner yManypeaay 10 Governor Reeder.
DEPARTMENT or THE INTERIOR.
Office Indian Affairs, April 81, 1855.
Sir: | received on the 23d inst. your letter of
the Both ultimo, in which, TO my surprise, you
arragn me for my official action in respect TO the
reported speculations OF certain governmental Off
Gals III Kansas in Kansas half-breed lands,
although that action, us is evident from the docu
ments which accompany the report from the Sec
rotary Of the Interior of the LIST of February last
to the Speaker of the House of Representatives,
was predicated upon the official reports Of Agents
Clarke and Whitfield, dated in November last,
and calling my attention TO the subject AS both
these gentlemen addressed me in their official
capacity as Indian agents, and as they derive
their appointments from the same source as you
and myself, and seem to speak from personal
knowledge of the facts they communicate, it is
somewhat singular, especially as they reside in
your vicinity, that you should have deemed them
unworthy OF notice in your chivalric zeal in de-
fence of yourself and official associates in the
territorial government, from what you are pleased
to denounce ''slanderous" attack. Had not
your passion entirely eclipsed your better iudg-
ment it would have been obvious to you that !,
the legal guardian Of the rights of the Indians,
was not at liberty to blink at or gloss charges
emanating from such high official authority, espe
cially when, as in the referred to, they ap-
peared to be corroborated by letters and informa-
ton derived from respectable private sources.
Although the transactions wore rather a bad
aspect, had no idea that the most material of
the charges (the speculation of territorial officials
in these half-breed lands) would have been so
soon admitted, and that, too over the signature
OF one of them, the governor of the Territory
himself candidly contessng its truth Still less,
sir, did expect that, whilst making this confess
sion on behalf of yourself and associated specula-
tors, you would have had the boldness and bad
taste to attempt defence of the morality and
propriety of the act. "Those contracts Ct use
your own words) were, it appears, for convenience
sake, made IN the name of Judge Johnson,
although it was well understood that Judge
Elmore, COL lsaacs; and myself (yourself) ,rere
equally interested"
This is a candid and full confession of the facts
which constitute the grayamen of my complaint;
and as your controversy with me turns mainly
upon the point of the prop,iety of such specula-
lions in lands so circumstanced, will, without
condescending to handy epithets or retort the
vtuperative language with which you assail me,
say few words, by way of explanation, upon
that subject.
Under the sixth article of the Kansas treaty of
1925, there was reserved "from the lands ceded .
one mile square of land for each of certain half
breeds of the nation, and twenty three individuals
sections of land are reserved on the north of the
Kansas river, Similar language is employed as
to the reservations made under the Pottawatomie
treaty of the goth of October, 1882; and it will
be seen by the opinion of the Attorney General
OF the United States, given on the Goth of Sep
TENDER, 1888, that that officer considered that the
original Indian title to these reservations was not
extinguished on the ratification of the treaty.
The Kansas halfbreed lands, however, being
situated within the Indian country, no question
to the nature and extent of the grant had
arisen until after the date of that opinion; but
when the question did arise, this department uni
tormly held that the principles of that decision
were equally applicable to the Kansas as to the
Pottawatome reserves. From that time, as par
ties have presented the question by submitting
deeds for approval, the uniform opinion of the In
dian department has been adverse to the power
OF the Kansas half-breeds TO sell ALLEVIATE their
reserves; and hence, sir, my opinion of ''the in
delicacy and impropriety" of high official func-
tonaries in the Territory engaging in attempted
speculations therein, in violation of laws, regu-
tatIons, and decisions which, from their exalted
position, they should be the first to uphold, and
the last to violate. When those who should
have been the conservators become the violators
of the laws, leave il to that public TO which you
so confidently appeal to Judge if the example
thereby set has not "demoralZing tendency. !"
leave it to all candid men, also to say if such
"disreputable," and, under the circumstances
stated in the report to which you take excep-
tons, "marked by indecacy and improperly. !"
1t is a maxim that Ignorance of the law excu-
seth no man." How much less, then, does igno-
rance or recklessness of the laws applicable TO
the government and protection Of a large portion
of the inhabitants Of newly organized Terrific
ry excuse those appointed to be the executors
and judicial expounders of such laws; To him
whose sense OF propriety is obtuse as to induce
him TO think that such disregard of the laws
and regulations provided for the protection and
guardianship of the Indian wards of the general
government is innocent in itself, and involves no
moral turptude or 'demoralizing" effects,
have not word TO say. Such casuist can have
no Just conception of the distinction between
right and wrong, and, of course, moral truths
can have no effect either in quickening the sus-
ceptbiity of his conscience, or in enlightening
his understanding. He that cannot see, in the
bare recital and unblushing acknowledgment of
these attempted speculatons by. government
officers, in the face of law, enough to shock his
sense of official propriety, must have conscience
impervious TO reason, and which no language can
reach.
You lay much stress upon the competency of
the grantors and the fairness of the consideration
proposed to be paid, and dwell with much self
complacency upon the intelligence and accom-
plishments of three of the vendors-Messrs
Louis Pipin, Francis Aubrey, and Moses Belmor,
Cor Belmond)-all of whom you say are ,chiie
men, and the husbands of three of the half
breed owners of the reserves. Had you been as
deeply versed in The mysteries Of Indian convey
ancing you doubtless are in other branches of
law, you would have known that il was the in
telligence or competency of the reservee, or his
or her heirs, and not that Of whites who NOV in
termarry with either, which il was incumbent
on the grantee to establish as a condition prece-
dent to the approval Of the sale of an Indian re-
serve in his favor. But if all you say about the
extraordinary sharpness and trading capacity of
your vendors was true, still, if the right TO sell
was conceded as they inherit their lands MS In
dians, they must be treated as Indians, and their
lands, whenever sold, be disposed of subject 10
the rules and regulations prescribed for the gov
eminent Of the department in cases of Indian
conveyances The fact of witness TO the exc
cution of such an instrument Of writing being,
as in these cases, an interested party, would, if
known, vitiate as well as nva idate the transac-
ton. The competency of the vendors and the
fhrness of the consideration paid, or agreed to be
paid must also be established by disinieresfed tes
timony; nor can the rule which requires the exc
cution and acknowledgment of Indian deeds in
the presence of the agent OF the tribe be in any
case waived where such AGENT exists Althouuh