Letter-1865, April 11-A

Department of the Interior
Washington D.C.  April 11, 1865

Sir,

   I can hardly suppose Bishop Simpson was acquainted with the facts in the case of the Shawnee Mission School lands ordered by me, on the 7th instant, to be patented to Thomas Johnson, or he would not have interfered, in behalf of the Missionary Society of the Methodist Episcopal Church.

   It appears from the letter of Mr. Harris, the Secretary of said Society, that its claim is founded on the fact that the improvements, upon the property were made by the Board of Managers of the Society of which he is Secretary; and that the Society has not done, or consented to any act by which its title to, and use of, said lands and improvements can be invalidated.

   Whatever authority Mr. Harris may have, for acting as the Attorney of the Society, I venture to say he was never authorized by it to make this grossly erroneous statement:

   The improvements were made upon Indian lands before the separation of the Church, and to which the society never had any title:

   By agreement for the separation of the Church, the division of its property and interest, the 9th Article or resolution, of the “plan of separation,” provided:

“That all the property of the Methodist Episcopal Church, in “meeting houses, parsonages, colleges, schools, conference funds, cemeteries, and of every kind, within the limits of the Southern organization, shall be forever free from any claim set up on the part of the Methodist Episcopal Church, so far as this resolution can be of force, in the premises.”

   When the actual separation of the Church took place, this Manual Labor School and all other property within the limits of the “Southern organization” fell under the control of the Church, South, and was so recognized by it, and by the government; and, finally, by treaty with the Indians, it was granted and confirmed to the Missionary Society of the Methodist Episcopal Church, South. Under these circumstances, how it can be seriously pretended that the Missionary Board of the Methodist Episcopal Church have any right to this property, is difficult to imagine. No doubt the claim has been made in good faith, but in total ignorance of the facts. The government cannot, if it would, set aside its own treaty; — A further treaty was proposed two years ago, by which the execution of the existing treaty would have been modified; but the Senate failed to ratify it: — that modification, the Shawnee have, since, protested against and have expressed their desire that Johnson should have the lands, in accordance with his contract with the Missionary Board of the Methodist Episcopal Church South, and it but remains to execute the treaty in its plain terms.

   The Missionary Society of the Methodist Episcopal Church have not a shadow of right to the property.

   The directions given in the letter to you of the 7th inst. will, therefore, be observed and obeyed.

   The papers connected with the case are herewith returned.

Very respectfully,
Your obt. Servant,
J. P. Usher
Secretary.

William P. Dole Esq.
Commissioner of Indian Affairs.

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