quartermaster's) intention, as far as he was concerned, to hold on to the reserve as far as Three Mile creek, until he was more fully informed on the subject. My own impressions coincided with this statement; but subsequent information laid before me, induces me to believe that the boundaries are as follows: commencing opposite the head of a small island about a mile north of the mouth of Three Mile creek, running due west to Salt creek, thence down Salt creek to its mouth, thence by the Missouri river to the place of beginning. A map of the Reserve and vicinity is in my office, open to the inspection of all, and full answers will be given to inquiries. Should any part of the Reserve be thrown open to settlement, I presume the people of Weston will be aware of it as soon or sooner than I am. If, however, it should come first to my knowledge, I will cheerfully impart it to all. As far as the lands outside of the Reserve are concerned, I enclose the instructions of General Clarke, commanding the western department, to the commanding officer of this post, as my rule of government. I know no distinction between Delawares, Pottawatomies, Kickapoos, or any other Indians. A town, I believe, has been or is about being laid out by persons in Weston, and two officers of the army stationed here, near the mouth and north of Three Mile creek, which is off the Reserve and on Delaware land. You will perceive, from my instructions, I cannot interfere. I am, gentlemen, very respectfully, you obedient servant, Capt. 4th Art., Comd'g Post. Messrs. McHOLLAND, MILLER, STRINGFELLOW, and GILLESPIE, Committee.. G 6. HEADQUARTERS DEPARTMENT OF THE WEST, Jefferson Barracks, Mo., June 1, 1854.. SIR: I am directed by the general commanding the department to acknowledge the receipt of your communication of the 24th instant, and to say that you will take no action to prevent emigrants passing into Nebraska, nor interrupt them in any manner, unless ordered from high authority. Col. T. T. FAUNTLEROY, Respectfully, 1st Dragoons, commanding Fort Leavenworth. Ex. Doc. 50-2 G 7. [From the Weston Reporter.] The surveys which determine the boundaries between the military reservation of Fort Leavenworth and the adjacent lands of the Delawares and the Kicapoos were made, I believe, nearly a quarter of a century ago, and the plats and records, if any were ever filed at the fort, must have been long since lost. Tra Under these circumstances, added to the frequent change of commanders and staff officers, it is not strange that these now here have not had any positive assurance as to the limits of the reserve. dition, confirmed by a somewhat obscure map made in 18- by Lieut. Johnston, establishes Salt creek pretty conclusively as the western boundary, while the position of one of the farm-fields, as arranged by Col. Kearney, has been our only reason for fixing the southern boundary upon what is commonly known as Three Mile creek. The Delawares have, occasionally, alluded to the boundary as being further north; but the matter never received much attention, and, in fact, until lately never had the slightest practical importance, as the government has claimed and constantly exercised the right of using the public lands for any purpose required by the public service. Since the organization of the Territory, however, and especially since the Delawares, by a change in their policy, have invited settlements upon their ceded lands, (which will soon probably become subject to pre-emption,) this southern boundary of the military reserve has become an object of great interest. A Virginia gentleman who ommenced researches upon this subject some months since in Washington, succeeded in discovering the original plat and field-notes of the surveyor of the Delaware boundary, and, aided by the Delawares, readily found the landmarks of the initial point on the Missouri river, nearly a mile north of Three Mile creek. Marking out and recording a claim upon this discovery of his, according to the rules established by the settlers generally, his example was soon followed by others, who made claims in the vicinity, both north and south of the creek in question. As other squatters have done, they soon met for the purpose of adjusting their limits peaceably; and, in the absence of law and civil government, formed an association for mutual protection and the preservation of order. A scheme which followed for laying out a town on the claims of two or three members of the association, (now organized into a company for the purpose,) seems to have excited the bitter animosity of some persons who have been excessively eager to grasp the best claims in the Territory, and are chagrined to find they have not done so. The inflammatory anonymous appeals of these persons to the public, led, on the favorable opportunity of a Saturday evening, to the meeting of which the proceedings, &c., are to be published in your paper of to-day. The preamble of the resolutions of this meeting intimates or asserts that persons in the government employ, at Fort Leavenworth, have been permitted to make out and occupy claims on the military reserve, or on the adjacent lands, ceded to the United States by the Indians in derogation of the rights of the people, &c. I would observe, with regard to this, that these persons in the government employ are themselves of the people, and it is not in the commanding officer's power or mind to prevent them from exercising individual rights, which are common to all, by making claims upon lands subject to squatter occupancy; though, so far as I can learn, very few of them have done so. If any of them have been foolish enough secretly to mark or record claims upon the lands in the limits of the military reserve, their harmless stakes or blazes will have no more effect to vitiate the rights of the government to its reserved lands, than they would to alienate the property of an individual in real estate to which he holds a secure title. As for any occupancy of the reserve for any private purpose, the commanding officer has, I am satisfied, both the means and inclination promptly to preserve it. The resolutions of the meeting respecting the proper mode of disposing of the military reserve, announce a very just and proper principle certainly. The legal gentleman, however, who presented these re-arranged resolutions to the meeting, ought to have known that the principle was incorporated into the law of the land long ago, and that military reserves are expressly excluded from pre-emption. Further: that when military posts or reserves are no longer required for public purposes, the War Department is authorized to have them sold at auction, in such subdivisions as may suit the public interest; and I would add, that in these particular cases the government has always found means to secure, in spite of all local combinations, an eager competition and a fair price for the lots disposed of. The necessities of the military service, which will require a depot on the Missouri for some years to come, leave little reason to expect an early sale of this reserve; and the interests of the Territory, and of the adjoining counties of Missouri, would certainly be impaired by the loss of an establishment which pays out for labor and stock, and the products of the soil, six hundred thousand dollars a year. It seems to me, therefore, that however a few persons, actuated, apparently, by unworthy motives, may assail the inoffensive squatters on Three Mile creek, their scheme for laying out a town on their admirable site should commend itself to popular favor, as meeting a very obvious want of the new Territory, and calculated to advance its prosperity. If the persons interested in this scheme are violating any public or private right, they will deservedly lose the money they are freely investing in the enterprise. If proceeding, on the contrary, according to law and precedent, they improve their claims, secure their possessory right, and pursue, as I am sure they will, a fair and liberal course in the disposition of their town property, all generous persons will heartily wish them success. FORT LEAVENWORTH, July 20, 1854. E. A. OGDEN. H. DEPARTMENT OF THE INTERIOR, Office Indian Affairs, August 9, 1854. SIR: From some recent publications in the Missouri papers in relation to the extent of the military reserve at Fort Leavenworth, I have thought proper to enclose to you a copy of the field-notes of the survey of the eastern boundary of the Delaware lands. I may remark, that these notes have not been a mystery here, neither have they been lost or mislaid; and I am at a loss to understand a paragraph in Major Ogden's letter about the discovery made by a Virginia gentleman. Agent Vanderslice has a copy of the survey of the north boundary line of the Delaware lands, and from it and what I now enclose, there can be no difficulty in ascertaining the actual extent of the military reserve at Leavenworth. With great respect, your obedient servant, B. F. ROBINSON, Esq., Indian Agent, Westport, Mo. I. Commissioner. DEPARTMENT OF THE INTERIOR, Washington, August 10, 1854. SIR: I have the honor to enclose herewith a communication from the Commissioner of Indian Affairs, of the present date,* relative to the operation of the treaties recently made with the Delawares, and other Indians, and to request your official opinion on the questions stated by him. I am, sir, very respectfully, your obedient servant, Secretary. DEPARTMENT OF THE INTERIOR, Office Indian Affairs, August 22, 1854. SIR: I herewith transmit two copies of the Daily Union of this date, containing the opinion of the Attorney General respecting pre-emp tions in Kansas and Nebraska, for your information; and, so far as An error; should be the 8th. the lands acquired from the Delawares are concerned, this information may be disseminated among the citizens generally. Very respectfully, your obedient servant, CHARLES E. MIX, Acting Commissioner. J 1. PRE-EMPTION IN KANSAS AND NEBRASKA. The following opinion of the Attorney General, as to pre-emption in the Territories of Kansas and Nebraska, is communicated for publication by the Department of the Interior: ATTORNEY GENERAL'S OFFICE, SIR: Your communication of the 10th instant, covering that of the Commissioner of Indian Affairs of the 8th instant, presents questions as to the legal relation between certain provisions of the act of Congress of July 22d, 1854, to establish the offices of surveyor general of New Mexico, Kansas, and Nebraska, to grant donations to actual settlers therein, and for other purposes, and certain treaties of May last with the Delaware, Ioway, and Wea Indians. By the treaty concluded and signed May 6th, 1854, ratified by the Senate July 11th, 1854, and proclaimed July 17th, 1854, between the United States and the Delaware Indians, they ceded to the United States the land called "the Outlet" at the price of ten thousand dollars, and other lands, within certain defined boundaries, to be paid for as after mentioned. By article 2 the United States agreed to cause all the lands ceded, "excepting the said Outlet, to be surveyed in the same manner that public lands are surveyed. And the President will, so soon as the whole or any portion of said lands are surveyed, proceed to offer such surveyed lands for sale at public auction, in such quantities as he may deem proper, being governed in all respects, in conducting such sales, by the laws of the United States respecting the sales of the public lands; and such of the lands as may not be sold at the public sale shall thereafter be subject to private entry in the same manner that private entries are made of the United States lands; any or all of such lands as remain unsold, after being subject to private entry for three years at the minimum government price, may, by act of Congress, be graduated and reduced in price, until all the said lands are sold, regard being had in said graduation and reduction to the interest of the Delawares, and, also, to the speedy settlement of the country." By article 3 the United States agree to pay to the Delaware tribe "all the moneys received from the sales of the lands provided to be surveyed in the preceding article, after deducting therefrom the cost of surveying, managing, and selling the same." |