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pany, and several of the prlnciiiai stockholders of
the road, where every thing pertaining to said
section of load was luily explaioed, and all ob-
jectlons to Us acceptance were fully canvassed.
This interview resulted as we expected, in an
executive order for the issuance ot the subsidy la
bonds and lands, pertaining to faid section, the
company first agreeing to malve certain Improve,
ments of grades, curves, bridges iVo , which their
own and the pu'ilic interest deminded, and which
they contemplated making had no such agree-
ment been entered Into.

It is perhaps proper that I should also s'ate
that 1 was at that time, ant have beoa ever since,
Treasurer of said company, and nave l)een the
custodian of its books and papers, and tuat I per-
sotially Unow that you have never had at any ilaae
the slightest pecuniary interest in this cjmpany,
its property, or (rancbises.

Very respectfully, j our obedient se'-vant,

Wm. J. Palmkr.

The malicious character of this attack on Senator
Harlan is further evidenced by the reproduction by
this correspondent of his old charge In relation to
the sale ot the Cnerokee neutral lands, and needa
no other notice than tba s'atementthat this s'an-
der was completely exposed and reiut»d by :VIr.
Harlan on the fioor of tho Setate last winter, and
that tbe public records show that tbe sale made
oy him was at as high a rate as the land wonid at
that time bring In the market; and that alter ample
advertising, and delaying the saie for more than a
year, his successor, Hon. O. H Brownirg, was
unable to efleot a sale at a higher rate. Thej-o
tacts are established by House Ex. Doc. So. 85, 2 1
session Fortieth Congress, ovtr Mr, BrownIn>^':j
own signature, from which we extract the follow-
ing

In respect to the Fale of the Cherokee neutral
lands I deem it proper to remarkthat by the terLUr;
of the treaty it is optional with the Secretary of
the Interior to sell them in separate tracts at not
less than an average ot $1 25 per acre, or in a
body at not less than $1 per acre.

The provision of the treaty lor tho sale in .sepa-
rate iracjts is, th^t after the lands shall have bee^i
surveyed, they shall be appraised at an aver>«t:e
of not less than tl 25 per acre, e.xcinsive of Im-
provements, and after advettlsinu lor sealed b ds,
.••hail be sold to the highest bidder, for oasb, in
(larcels not, exceeding oue bund'ed and sixty acres,
and at not less than the appraised vj.lue.

Anotber pro-'lslon of the iretty authorizes the
Secretary of the Interior to sell the whole of said
lands not occupied by actual settlers, in a body, to
any responsible party, for cash, tor a sum not less
tha.n $1 per acre.

Tbe S"le ij separate parcels, on sealed bids. Is
subject to the disadvan a«es of roquiriug years of
time and of leaving nil the reluse lands in the
hands of the Indians unsold I iitd not doubt th -t
an imnaediite sale, in a body, aiijil per acre, woui.l
bo greatly more to the interest ol the Indians than
a tardy sale of the cbolce lands in separate tracts
at the appraised value, with the 1- feri ir lands left
undisposed of for years, and have, consaquentlv.
been desirous to find a purchaser wno would take
ihein all, good and bad logetuer, at •jil per acre.

Wlih thi-i view 1 suggested anduigtd »t the
last session of I'ongrpss that the United States
should become the purchaser, at one dollar per
acre, and issus bonds in pa\ ment thereof. Such a



proposition \ras, I bellOTO. submitted to OoDKress,
but. u>>t acjepied.

Alter tiie ailj )urnineat ol Congreas I aatborlzed
an unuttlv-'lal sttteiaaul (o be uiaile la iiju nev/n

{laporn ihiit tue propi'ata lor the puruhise oi tiald
audsla a tiody would \i3 received -it ttio Depurt-
ueut until the Ist uf (Jetober.

Kariy la Octubor »lr. .lauiog F. Joy, of De'rol',
Mlcu., prop ised to take ibu lab<U iu a buiy al cue
dollar per .icro, iiu.l piy tiio i!asu lor ihviu.

No Diuor oiler was uiiide; I auccpteil Ur. Joy'n.
and ooiicluiio'l a ojhtaiJI wiiii buu, Iroin which
all landj oci-uplfld l>y ao'iial bol'lerd.ic tlietla.e
ol lUe r<illioailoQ of the iro.ily wera txclmled. A
ootiy or tUo CDOtraot. Is bere*l'ti rural:'tie'l.

Tlo luouey would have lieen palil liy Mr. Toy,
and ihe Utds convoye<l iit ibe iliiio oT the con-
trace, hid the Duuibur of iicro.s suld U;en koown.
tSui as all tlio larui.i oo^iuplfld byaoiuil Detlera
were exoluded Iro u the sale, 1'. was necossury to
nscerlalii Ite iiuanllty ibua occupli'd in detoruilne
haw loaQy ucroM reiuilned tu b-s u«t<i Ijt iiy .vlr.
Joy. iJouiiulsslonf rn are now onn,ai<B(i lu eatl-
mating and <ip|iralsini{ tbo Improved tracio. As
fiQOO a.-i li.ey sunlluavu 0'>iuploio,l 'heir laiior'< and
re|)i)r'iMl, iLe oonira'U will oeonosuuiuiateil by ac-
copilnk; ibe uurcU-ife money and oau.siui( tUe laud
to iio iiatenttd 'o the puri^La'^er.

Very retpecil'ully, your "bedient nervant,

<) II Bkowninu. -t cretary.

Hon. ^ chuylrr Uolfax, ^^peakerof lae tlou-e
01 Kepreceuiailves

That tbU suiisequeDt su'o by Mr BriwnloK
was not considered by the (DdiaoH the I)t'p<trt-
ment, and the Sena'e. uioro for tiie interest of the
t herokee trlie. than tho sale i)revlou<ly niado
by ."\Ir ll;u'l:in, Is lully proved » y the lict tti'it a
k ui'Scii' e.it reat y whs made between '. he i'httroUees
atid the Uoveroiueut, which w.ia ratilied by the
Senate, autborlzlni< tho caocellatl)Q ol tne Bn\e
inada by Secretary Browuio^, and carrijinij into
ijfecl that previou^hj made by Secretary Harlan It
Luay D It be Improper to add, la ihU cnuecllon,
(•8 showloK the c >d(1 lenoe in .Senator Harlau'rt
luteKrlty ontcrlalticd Uy his brother ."Senators, th»t
la the Uce ot this .-.lander, and while ll luut have
been tre'h la the memory ol nioh, ih? Sniine
pi <csd Ihit ^ealleulaa at tue Lead of the <><.iuiul'u-
tee ol Indian Atrilr.'<, where he Btiil rem:;l'i», thus
evldeniMuK their appreciailou ol hi.-i kuowled^^e of
the ^ul'jeJts (ortiilnlnK to that coiuuiUtee, arid
their uhdlulDlshud lei-peci for hlin as au uprli^ht
u an.

Ihe ItBt alleuailon oonlalned la thU oorrespind-
eut's letter, r.tfeoilni; Mr. H>irlaci'!i character,
chirKeslhut ho ••nd Oornuilsrloner U oley, o( 'he
Indian l-Jurnau, 'worked ulxhi and d*y :o perfect
a Bale ol the Duliware liidlin laniln, on fraud-
ulent papers ol s) tran.^pareni a oharaoter that a
clerk, who was dlrejtad by ijo' ley to fill them up,
tLru?t the u irnou la dls lace, trlllax aim plainly
that the whole iblnir was a swindle, which would
leturn one dny lo dauui all PonneHtd with It
l!ut the matter was fitlven throj^h hy the active
atid Ooiu'>l(ieil ett^rts ol Hariaa aod (Jooley, and
luoUnossold lo the r^llroait, at nearly ijiii.y.oo ■
les.s than well-known and respoosihle parties bbl
In writinx under the teims i.l the iro-ity. • • •
I'he whide thlnx was a bara-ftioed cwlndle; tlrsc,
o^ion tho tribe, which knew njthInK ol the treaty
which h-id been obtalaed from a few by fraao ;
and secondly, up>n the Unite.l States, which lost
lully I-IOlIjOOO by tUe 8ub$e(iuoDt »aie "

This Is a revl»*l of nn old, srale char<« made
about a year since by this 8*rao correspondent la
the paine I aper. which eeeius to be tho reopptacle
ot all ol this writer's faorlcitlons, and wLloh was
deejieJ Ly the friends of the pirtles ro'erred to to



be 00 transparently fal°e, and whtsh was so flatly
contradicted by the public records, as to neoJ no
lormal rofu'atlon. The treaty referred to pro-
vided that the I'NIIsfouri River Kallroad Company,
whose roads were looiteil through these lands,
where many (d those lni!t\t s lived, mlxht, within
a Klven period ^fter the publication of the treaty,
purchase theii at not less thin two dollars and
tifty oonts p .T aore, adding tho appraised value of
Imprc'vemenis; and If nut so purchased by said
company, then, under certain rostrlctlans, to bo
sold to the hUhuji bidder. The company Kavo
notice of acceptance, died bond as provided by
the treaty, and -lemandod that the contract should
be closed ln>l3tlnK that It was entitled, within tbo
period fixed by tho treaty, to the exclunivc rlxht to
purchase at the sMpulited prloe. ."secretary
Harlan, however, held thiit the tretty was sus-
ceptible of a dilferent construction, and kept the
initter open for o'hT bids utitll near tho cloi=o of
tho ptrloil named In tui tre.ity. N> other bid
beinkt received, be notified the company that I's
bill Lad been accepte''. But on the same day, and
before the contract had been executed and de-
livered, Oeuera; 'humiS £wlnt(, Jr., the law
partner of i he Inoomlnij Secretarj, ( \Tr. Brown-
log.) called at the Deparimont, and filed a bll,
as he Ptated, In tbo Interests of certain clients of
bis, prop J.-ilnK to purchase tho.se lands at the rate
of three ilollars and one cent per acre. The
Seoretnry, ooubrlni? wheth«rthl< bid hud bien re-
ceived In time, Inlor'ne I the pirtles tint umler
the existing St ite of fiots he thought It would be
; advisable to le'. the whole matter ko over, to le
adjusiel by Secretary Brownlox, who would have
po!-se8.'lon of the otlloe Inafevdays. On the fol-
lowing (lav, however, (reneral Lwlnu; prp.sented
to iHr Harlan tho foUowlnt^ letter, wl.hdrawloK
hlabld:

1 Washington. Auiru.si 30, ISCtJ.

Hon. James Harlan. Sccrilary of the Interior:

I -la: When 1 made iny (da yesieriiay lor the
Del 'I wa re laioU In Km as as, I hid no' seen or beird
of the bond tiled bv tho >ll3flourl Klver Kallroid
(}ompiny on the 2Ttb Inst., and their letter In-
cIosIdh It. ; nor of y our havInK stated oraily ihit
the iio!id was sitlf f ict'try, and their propospion to

Ipurcba.e was anep'ed; nor of jour loiter of yes-
terday, add'ess'Ml t) the cjm|)iny, then already
slffimi] an. I recorded I had not , either, car-iiilly
o nsiuered tho "th article of the I>rla«are treaty
since then, however, these several matteis have
■•een considered by in?, iind I am led to bn'lavo that
even II I'lO con'rac, should be awarded t > me, 1
shiil be compelled to tojt la the courts tho claims
of tbo joiupaoy to tho rl^ht of purchase of the
lands.

I do not consider theliods a good purchase at
my oir«r, «|ih a cl oudo.l or embarrassed title, and
therefore iisii le*vo to wi'hdraw my bll, and re-
ceive oack the certlQoate of deposit aooompany*
log It. Very truly yours,

I'HOMA.'* EwiNO, Ju.

The withdraws! by Oeneral Ewlour of hl« bid
raised iho q<iostl')o ol his rl^Ut to do so. Ua oon-
sul'atlon with VVilMam P. Otto, the As'l^tant Sec-
retary, to whom >lr HirUn u-u illy referro.l ItJual
questions, and tho writer hereof, then tbo tUilef
(!l«rk of the Department, as well is others leirned
In the law, the secretary was advised Ihat Qeaeral
KwloK was entitled to withdraw his bid at any
lime bnf re lis acceptance, tbo oorrec'ne.'S of which,
we presume, no lawyer will doubt. This bid beinx
withdrawn then, and there being no other otler,
the contract wis closod wlih the abjve-naxeJ



company. An examination of the treaty will show
that it Is at least cloubMul whether the company
had not been made preferred purchasers within th-j
peilod; In otber words, whether the company did
not possess exclusive right to purchase at the stipu-
lated rate per acre during the period fixed in th^
treaty ; an 1 If the company was thus pre'erred, as
its officers insisted, then Mr. Harlan committed a
le^al error in holding the tale open for other bids.
after receiving notice of the oompan^'.s accept-
arce — an error wtiich delated. Instead o' btnefited,
the railroad company. In tois whole transaction
it is clear from the testimoov that Mr. Harlan
acted with scrupulous care, aod soujjhtto make
the most he could out of the lands lor the oeneflt
of the Indians.

That the treaty was fairly negotiated, and was
fully understood by the Jjelaware Iijdian8,ls lully
apparent from the following letter from Superin-
tendent Murphy, aadressed to the Secretaiy soon
after this slander appeared In its first form, ab]ut
a year ago.

Washington, D. C, February 23, 1869.
Hon. James Harlan, United Stales Senate:

Sia: My attention havlog been Ctilled to a letter
published in the Clnclcnati Gazette, from a cjr-
respjndent in this city, relative to the treaty
negotiated with the Delaware Indians in 1866, In
whi^h, alter stating that •'•villiam H. Watton a
clerk in the Indian Department, was appointed a
commissioner to visit Kansas and conclude i*
treaty « 1th the Delaware Indians," It, goes on to
state that "iVIr. Watson went, imtnedlateij to
Kansas nnd called upon fhouias Murphy, super-
intendent of Indian affairs for tnat sst,ite, aud
stiowed him the treaty and letter ol Instructions
Mr. Murphy was blck in bed, and not being able
to attend to the matter, directed liis clerk to act
for him. vv atson acd this clerk then got together
three chiefs and four otLer Indians as counselors,
anil havlnti manipulated thuu properly, obtained
their signatures to the treaty, 4c "

As one d vhe couioiisstuners whose name Is
attached to tha Delaware treaty ol 1866. I deem In
due to myi-elt to state ihe facts relative to the
making of this treaty, and as you were my
superior officer at tnat time, I Ceem it proper to
make the stateoaent to vou

Mr. Watson. Agent Pratt, and myself, were
appointed commissioners to negotiate ihe treaty
referred to. On Mr. vvatsnn's arrival at Leaven-
worth, Kansas, I met him there, and we proijeeded
direct to the Delaware agency ; runners were sent
out to inform the Indians, an I ttie dav foil iwing
we counseled wltti them relative to the business
that had brought us there. As is customary with
Indian tribes, the Innlans xfler consultation
among themselves, directed their chiefs and heart
men to make the irea'y. Ttiey performed thi=>
service I he treaty was written our, by ttie com-
mlsslnners . and after being futly explaineo, was
sinned by them and all the cblefs aiid head men of
the Delaware Nation I was not; sick at tbar time;
was present during the negotiating of the treaty.
If there was any manipulating of the chiefs, 1
knew notbing about it. 1 do know that the treaty
wa? satisfactory to the Itelawire Indians at that
time, and 1 have never beard onn of tuem complain
about any ot its provisions since.

So much In regard to tbat portion of the letter
in the Gazette which r fars to myeli In ronneotion
with ttis matter ; and, I have no hesitation in say-
ing In reuard to the otber statements in said
letter impugning vonr motives ana those of the
then Goaimlssioner of Indian Affal's, that as far a.s
I have any kriowledge, they are wholly without
loundattoD In fact

Very respectfully, your obedient servant,

Thomas ivIukpht,
Superintendent ol Indian Aftalrs.

If we admit that, by more skillful njanagement
these lands miaht have been sold for tbe price
named in the bid put in, and afterwards with-



drawn by General Ewing, still the Gazette cor
respondent's reckless disregard of truth, or his
total Ignorance of the subject, is perlectly patent.
Iq hid haste to gratify his hostility to benator
Harlan, and at the same time create a sensation,
he did not stop to add up the ngures. Secretary
Browning reports, in the document to which we
have referred, that there were 92 508 93-100 acres
of these lands, the difference between the total
value of which, at ^2 60 and .$3 01 per acre, would
be less rban ;i!48,Oi 0, Instaad ot $luo,O00, as alleged
by the writer. Tnat the rlolcalous story about
the supposed righteous indignation of a clerk in
tue Indian Bureau is false, is clear from a peru.
sal of the treaty, from which it will be seen that
the tJommlssioner of Indian Affairs had nothing
whatever to do with the sale. As a matter of laoo
that officer never Intermeddled with the subject.
The treaty made It the duty of the Secretary to
make the sale, and he did make It. without the
aid of tbe ('onamlssioner. The succeeding alle-
gation that the United ^^tates lost $!tO. OOU in this
sale of t'je lands, is equally destitute of truth, and
jtbat it is S3 needs no other proof than a knowl-
edge of the fact that these lands were the exclu-
sive property of the Delaware Indians, and were
sold for their benefit.

We have thus, a', the risk of being tedious, care-
fully and minutely traversed every alleifailon of
the Goct'^/ccorrespon lent, presenting the affidavits
of responsible parties personally conversant with
tbe facts to which they testify, with receipted bills,
in denial of the charges made against the ex Sec-
retary, afte- having per.sona'lj examined tbe
public rec'irds, laws, and treaties, and files of the
Interior Department. From tbis statement tbe
public, Fo lar as it may feel any interest In the
sutject, may know the precise facts and the whole
truih, and we ooub'. not that the judgment of our
I readers will coincide with our own when we state
that this narration establishes that the cbarges
made against Senator Harlan are utterly ground-
less, and that no reliance should be placed here-
after in the productions of this correspondent,
whenever, at least, they are deslgaed to aff-jct the
Conduct or character of individuals It Is now said
that he has announced on the streets, to bis. "cronies
and sympathizers," his purpose to ''write down
Senator Harlan," as pure a public man as lives, and
ruin him in the public estimation. Wnat this
high-toned gentleman and patriotic correspondent
may be able to make up Irom discharged servant.s
and dismissed department employes, who are not
always free from vlndlotivo feelings, and a <'ispo-
sit ion to avenge injuries, real or imaginary., or
what the fruitful imagination of a sensational,
reckless correspondent may Invent, no one can
divine or anticipate; but after this expose of his
malicious and unwarranted assault upon senattir
Harlan, to say notbing of his other attacks upon
prominent Bepuhlican statesmen, by wbloh his
true character is made known to his employers, we
shall bo surprised if the columns of the Cincin-
nati Gazette are prostituted hereafter to the dis-
semination of hi) slanders.

To give a sort of color to his vile charges, the
Gazette correspondent absurdly demands to be put
to the proof of his allegations in a court of law—
a demand, in Itself, an insult to common sense.



He is believed to be totally Irresponsible, and Id
eager pursuit of botorle'y, doubtleas boldlog that
a notoriety for Infamy Is preferable to total ob-
scurity. There are just such depraved minds In
all professions, and unfortunately for the jjress, It
Is not exempt from the oommon lot. But If this
were not so la this case— If this deliberate slan-
derer were able to respond In damaKes — what com- :
pensatlon would such a judgment be to a pure and
upright statesman of honorable time for the in.[
juries InflliMed on his good name; theonly legacy,
perhaps, which he will be able to bequeath to his
children?

Having Itnown Setiator Harlan 1 jag and well
and believing that he Is pure la his public as In
his private life, we have prepared this viodloatloQ



of his character from the assaults of the Gazette
correspondent, urged thereto by that sense of
common justice which should animate every
heart, and which will, sooner or later, prove every
just man's sure vindication. To us It has been no
pleasant task, (or attacks of this character, when
shown, as In this case, to be malicious and un-
founded, bring discredit upon the press, and lessen
the dignity of Its members. And In vindicating
the gentleman assailed, we vindicate the press
Itself. It would be terrible, Indeed, If defamation
of this character could not be exposed and refuted
by the same method by which It Is disseminated;
and hoBce, duty, as well as justice, demanded
tLl5 vindication at our hinds.

W. Pknn. Clarkk.



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Online LibraryWilliam Penniman] [ClarkeA base slander refuted (Volume 1) → online text (page 2 of 2)