Washington sentinel. [volume] (City of Washington [D.C.]) 1853-1856, 1855-08-09

| piled with" The entire competency of the Elk
i ecutive to dispense with or modify those rules
keeping in view the letter and spirit Of the treaty.
cannot be doubted, but, at the same time, il must
/ be conceded that rules and forms which have So
| long governed the action of the Office, and which
have been found for years shield and protection
to the Indian wards of the government, should
not be changed or abolished for slight or trivial
causes"
Governor Reeder, however, seems to feel con-
hdent that he presents case which in an espe-
cal manner addresses itself to the conscience and
the favor of the President-one in which he
thinks the ''end' sought for by the adoption of
these 'srules and forms" has been attained, and
/ that it will be found, on examination, that all Of
the objections to the state of the papers and evil
dence (when they were formerly before this
office) shave been fully obviated."
The Traditional testimony, to which Cover
nor Reeder refers, is apparently drawn up in that
| gentleman own handwriting, and comprises the
following afhdavits, all dated the 2Sth of March
| last
LIST. That of Moses Bellmard, a white man,
and the husband of Adele Lasette, one of the re-
services, in which he swears that he and his wife
sold $50 acres of their reserve 'to Governor Reed
er, Judges Fillmore and Johnston, and District A.
toraey Isaacs, in October last" that the verbal bar
gain was first made by Judges Gilmore and John
ston, and not in the presence of Governor Reeder
or MIR. lsacks, whom they had not then seen;
that the contract was reduced to writing by Gov
ernor Reeder, and signed by them, the grantors;
that they "knew the lands better than the gran
tees, dsold them at their own price, SO so an
acre; that they the grantors, 'swere satisfied with
the sale, having previously sold 100 acres Of the
same to Antoine Delore for al 25 per acre and
100 acres to John Blanchard at 81 so per acre;
that ''no fraud was practscd upon them" and
that they knew ''the said officers purchased as
any other private individuals" con their own
private account, and not officially for the govern
/ tl,,Al Dill =
English languages and his wife the English
French, and Kansas Indian; that their "compe-
tency to manage their own affairs no one acauant-
ed with them would, in his opinion, dispute"
| that he was conversantw with similar sales made by
Francis Aubrey, Louis Papin, and Joseph James,
about the same time, and, ''to the best of his
| knowledge and belief, there was no sort of fraud
or misrepresentation connected with them," &c.
/ I'd. Francis Aubrey, also white man, and the
husband of Pelagie Gonvil, makes an affidavit
similar in substance to the above as to the sale of
the section of land reserved to the said Pelagie,
for SO per acre, TO the same parties. He also
states that he DESTROYS of having the sale con-
frmed, as he could pre-empt as good land sat
| 81 70 per acre, and have money enough left from
the sale of his own to improve it" that he "knew
well the other persons in his neighborhood who
made similar contracts with the said officers'
and shat they are quite competent to manage
| their own affairs, SIC.
Sd. Bastiste James, (Joncas,) halfbreed, and
United States interpreter, deposes to the ident-
ity and capacity of Louis Papin Julie Gonvil, his
wife, Francis Aubrey, and Pelegie Gonvil, his
wife, with Moses Bellmard, and Adele, his wife,
and also with Joseph James; that they were
| " competent to manage their business, and
make their own contracts" that Clement, the
! younger, having died. Adele became his sole heir,
and "that his father subsequently, and during the
life of Adele's mother, married white woman,
by whom he had several children, and the said
mother then married Kansas INDIAN He also
| states that when the contracts were making he
stated to Agent CIV. Clarke "that the said par
| ties were making the purchases and the price,
and that Major Clarke stated that il was higher
than he would be willing to give; and also told
deponent he could not 90 TO consult with these
parties IN the morning, as he needed his services,
/ but could 90 at noon'
! The three preceding affidavits were taken be-
| fore James Kuykendall.
4th. Edward Byerly and John A. Halderman.
on the same day, made affidavit before c. X Ho-
lday, justice of the peace, that they are acquaint-
ed with Moses Bellmard and wife, Joseph James,
and Francis Aubrey, and that, in their estima-
| ton, "they are fully competent to manage their
own affairs.
5th. Anthem A, Ward, on the same day and
before the same justice of the peace, deposes and
| says he has resided fourtoon years in the Terri
tory, and is well acquainted with Joseph James,
Louis Papin and wife, Moses Bellmard and wife
TdnCls aubrey ana WIG, ana resides near
them; that Joseph James, and the wives of Au-
brey, Bellmard, and Papin, are half-breeds, and
the same identical persons to whom section OF
of land each was reserved by the Kansas treaty of
1925; that they are fully competent to manage
their affairs; that he resides within sight of
said lands, and "believes that the sum of 50 so
and SO per acre is full value and fair price for
said lands. "
The foregoing is synopsis of the additional
testimony;" and if the three last affidayits had
been taken in the presence of the agent of the
tribe, ian indispensable prerequisite where they
have an agent;) if they had alleged in their aft
davits that they had interest, contingent or re-
mote, in the pending application for the approval
Of the contracts; and if the character, standing,
and reliability of the affidavits had been duly GER
tihed to by some United States officers known to
the department, but having no interest in the con-
tracts, they would have removed some of the OBJ
ections heretofore urged against the contracts for
want of form. As to the afidavts of Bellmard
and Aubrey in respect to the intelligence of them
selves and their wives, they are entirely inadmis-
sible for the that the facts they undertake
10 prove should be established by the testimony OF
disinierested persons. Being white men, and the
husbands oftwo Of the half-breeds they have an
interest, which could not fail to influence their
opinions IN converting the reserves Of their wives
into cash Experience proves that whites who
thus intermarry with Indians not always the
most reliable portion of our population. In fact,
the affidavit of one of the witnesses introduced by
Governor Reeder Basil James, furnishes an
illustration in point, and shows how lightly the
marital obligations rest upon some of that class Of
persons. In that affidavit, James (Joncas) states
that the father Of Adele Bellmard ,(born Lasette
ono of the grantors, subsequently, and during
The LIFETIME If adde's mother, married a white wo-
man, by whom he had several children, and the
said mother then married Kansas Indian" II
requires no great stretch Of imagination to believe
that the man who thus added the crime Of bigamy
TO that Of the abandonment Of his wife, would not
chad an opportunity offered) hesitate TO make any
representation which might enable him to con-
vert his wife's reserve into a more available or
more portable form Of property. In addition 10
this objection TO these afidavits, the great SINH
arity in their recital and expression Of the opn-
ions set forth, and tho vindicatory tone towards
the purchasers which they breathe throughout
are circumstances calculated to impair confidence
in their being the unprompted and unbiased opn
ions Of the atlantis, after full and fair under
standing Of all the facts, pro and con, connected
with the transactions 10 which they relate Had
an agent Of the government been present TO elicit
facts, and to represent the other side Of the ques
ton, il is plain that the dispositions might have