The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1866-10-07

be in conformity with the power TO sell for cash. for
wherever sales are made Of articles which require some
~ oe ascsrsained as o. weight or numoer ann 20 %
Height is ascertained, such sales are TO be- CON-
sidered as cash sales, and not upon credit.
BILE party IS not a. ali inconsistent with tho
provision for sale for cash. 1t is not at all unusual
precaution where credit u contemplated to
require responsible bidder where cash Ia not payable
al the moment OF sale. s4sf
eondThe next objection to this contract Is that the
sale is not in fact at the rate required by
power 81 ppr acre, payable In instalmenfs extended
through a number OF years. with interest at the
81 per cash The value Of money rs Hxed by
United States is at the rate Of six per cent per
falling duo TO the United States and credits given by
the United States the sale Of the public lands do
no. know that s anywhere in the United States
below six per cent? everywhere that be
the value Of money, 81 per acre. payabe in long install
nenis with interest at i've per cent Is neither cash nor
equal in value to 81 per acre. The objection is
apparent II we put the Of sale long credit with
out any interest: but it is Just applicable to sale
rate OF interest less than that established the value OF
the use Of money. N
7hird-This contract is subject to grave objections in
the matter OF the consideration or prce 70 De paid for
these lands The treaty. have said, is silent as TO
the number Of acres In the first provso the power was
10 sell the whole for sum not less than eight
hundred thousand dollars, without reference to
quantity or price per acre; but by the amended
provso Inc sale IS 70 pc TOT sum not ,es an
made before any survey any ascertainment or the
number OF there is sold to the company, all that
tract of land known the Cherokee neutral land in the
State of Kansas, containing eight hundred thousand
less at the rate 81 per acre. and then fol-
low the various instamcns which foot up exactly the
of $500 0O0 incline to tho opinion that the con-
strcton to be put upon this contract that il Is sale
at fixed Of $500 900, not to be increased or abated
In reference the actual quantity when ascertained by
survey can reason for the statement of the
quantity Of with the addition of the terms more
less And the precise calculation OF the instaments
upon basis of eight hundred thousand acres at 81
per acre. unless it was the intention Of the parties to
fix that sum as the actual consideration.
F0urhThere ia reservation in this contract OF so
much of these neutral lands were occupied BY actual
settlers The original authorized the sale OF the
whole without any reservation hut by the amended pro-
vso the power TO sell the whole said lands not occu
pied by actual settlers. The sale made is, "all thgt
tract OF land known the Cherokee neutral land,
and exception reservation is anywhere
stated but instead there these superaddsd
| words, "with all beneficial interest therein" II
| seems TO me this Is not proper execution
of the power II is there is reference to the I'm
ations and restrictions set forth in the treaty The
objection is that the of the SALE expressed are
inconsistent with those limitations, and canno be
brought into conformity with them. have. THEREFORE,
to advise you that this is not in conformity with
the power Of sale vested in the Secretary OF the Interior
by the of the treaty that YOU should give i'm
mediate notice to the Emigrant Company that you de-
cline TO carry Ii into execution.
have the honor to be, very respectfully.
HENRY STANBERY Attorney General.