The Kansas herald of freedom., 1858-03-06

President of the United States. Now. as
we have already shown, this location con-
fiicts with the provisions of the treaty of
January, 1916, lying as it does, more than
degree too far south, and two degrees
too far east. It also calls for almost half
its extent within the boundary Of the
lands then owned by the Shawnee In
dians, as admitted by G. W. Manypenny
in his report of May 9th, 1856. Thus
falsifying the statement of the Commits
sioner of Indian Affairs, in his report to
the Secretary of War, October 18, 1S47,
before alluded to, however, We find that
Agent Cummins was instructed by Super
intendent Harvey, not to locate those In
dians near the Santa Fe road, but ttaasoid
1t, in order to prevent collision with tray
elers along that route. Yet We find that
the location as claimed at present, lies on
both sides of this road, throughout its
whole extent from east to west.
Hence, we deem this conclusion una
voidable, that If il be contended that
| this location was made in 1847, then it
interfered with the rights of the Shaw
nees, whose title was not extinguished
until 1854, which would of itself render
| the location null and void. Or if it was
not confirmed until the survey of Mont
gomery in August, 1856, then it interfered
with the individual rights of settlers who
had settled upon this Shawnee land inn
mediately on the extinguishment of the
Indian title in 1854, which again renders
it void. Farther, we find that this loca-
ton disregards the report of Maj. Cum
minis, who states that there was, in his To-
cation, q strip of country lying between
the Shawnee and Kansas tribes, at least
two and half miles in width. Also, his
injunction to the Indians, as affirmed by
them, mot to come within three miles of
the Santa Fe road, on the south side"
&c. It was also made contrary to the re-
commentator of Agent Montgomery,
who was upon the ground and understood
the facts of the case. He being cognizant
of the rights of the whites here, refused
to survey the land as ordered June 1855,
and it was not until ordered the second
| daries, as they exist. The location as
recommended by him at that time, would
not have interfered with single settler.
| Yet his advice was set aside, and that of
a man, who knew nothing of the facts,
or if he knew them, had not moral cour-
age enough to present them in proper
light before the department, taken in its
stead. And thus this swindle was PALM
| ed upon us.
These seem to be the facts in the loca-
| ton of this reserve. Thus the matter
stands at present. There are about 400
or 500 white inhabitants now upon this
location, who have invested capital to the
amount of 100000. which they feel un-
willing to have sacrificed, merely to cor
rect the blunders of careless public Off
GERS, or to crafty the whims of rowing
band of sayages.
! Your committee would therefore recon-
mend the adoption of the following:
Whereas, By commoR-sense interpre-
tation of the Kansas treaty of 1646-by
the instructions given to, and the report
of Maj. Cummins-by maps, charts, dia-
grams and other official guides, and above
all, by the permission and advice OF
Agents Whitfield and Montgomery, we
have located our pre-emption claims up
on lands now claimed for the Kansas In
dians; and, whereas, we have, slime and
again." placed the facts before the Indian
Bureau at Washington, yet without re-
dress of our grievances therefore,
ResoFued, That we are now doubly con-
WINGED of our legal rights here as pre-
emptors, and that we are, more than ever,
determined to maintain those rights.
| ResoEued, That though we do not feel
l;.,1so1 raci1f fbo ITnttad
if sent to remove rs, yet, we will seek re-
dress for our grievances, in our courts oi
| justice.
Resolved, That we rejoice at the pros
pect of a speedy adjustment of this af.
fair, by visit from the Hon. j. W. Den
yer, Ex-Ofieio Commissioner of Indian
Affairs, and acting Governor of Kansas.
/ Resolved, That copy of these facts
and resolutions be presented to him OF
his arrival in our midst, and before he acts
in the premises; and if our rights are
still disregarded, that a copy of the same
be forwarded to the Hon. Ii. j. Parrott
with view to special legislation for ouI
benefit, by Congress.
4 All ofwhich is respectfully Submitted.
/ a a. J. J. BskER, BsE1; comn.istss.
J.H. PRITCHETT.S
The report was received and adopted.
,: After some miscellaneous discussion
J on motion the following gentlemen were
| appointed to confer with Mr.. Denver, OF
!, his arrival :-Messrs. j. II. Pritchett, A
, j, Baker, and w. B. Harrell. On motion
: the Secretary was requested to furnish I
copy of the minutes of both meetings, fo
: publication in the Herald Of Freedom, pab
o lished in Lawrence, Z. T.
e On motion, the meeting adjourned, sub
: iect to the call of the committee.
e Attest. FL. j. ESPY, Chairman
5 ]. II. PaITcHETT. Sec'y.