Letter-1865, April 1

Department of the Interior
Office of Indian Affairs
April 1st 1865

Sir

   Referring to the Reports from this Office, to your Department, of October 18th & 21st 1862, and by communication to you, of the 13th of May 1863, all relating to the claim of Revd. T. Johnson, under contract between Hon. George W. Manypenny, Commissioner of Indian Affairs, on behalf of the Shawnee Indians, and the Missionary Society of the Methodist Church, South by Revd. E.W. Sehon, dated March 5th 1855. I have the honor to transmit herewith, all papers connected therewith, filed since said reports were made, together with the agreement of Counsel, in favor of the claim.

   As the paper, now to be considered, together with their respective bearings are so fully set forth, by the argument referred to. I do not deem necessary, further to remark upon them, than that I have carefully examined the papers in the case, and do not see how, under the contract, payment can be legally withheld from the Administrator. I have therefore, allowed his account, for $7,500, –$5,500 to be paid to him, and the sum of $2000 to be credited to his account, on the purchase of the three sections; which pays for the same in full, according to the conditions of the Treaty of 1854, and the contract with the M. E. Church South.

   In reference to the request of A.S. Johnson, administrator &c. that patent be issued for the said three sections, I can see no reason, except as hereinafter stated, why under the Treaty of 1854, and the facts in the case, as shown by the papers filed, his request should not be granted, and patents filed.

   The above is my opinion, in the premises, but since Mr. Johnsons application was filed in this office, enclosed letter of Wm. L. Harris Esq. Attorney &c. dated the 3rd inst. has been received, asserting that the Methodist Church, North has some claim upon the property; I have also had verbal applications from officials in the Church, North, asking the time be given them to be heard as to their rights.

Very respectfully
Your Obdt Servt
W. P. Dole
Commissioner

Hon J.P. Usher
Secretary of the Interior.

[Photostat copy in MSS. Dept., K.S.H.S.]