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  5. Letter-1865, April 20-A

Washington, April 20, 1865.

Endorsement

John Lanahan
B.H. Nadal

Protesting against the issueing a patent to one Johnson for Shawnee Mission School land & claiming it for M. E. Church


   The Lands claimed by Johnson are not of the Wyandotte but the Shawnee. The treaty of 1854 gives the land to the Methodist E. C. South, upon a condition subsequent, that condition has been performed and the patent directed to be issued to Johnson. No proof or equity in the M. E. C. can overthrow the treaty. It is the supreme law, and Johnson has the law & equity on his side, while the only equity which the M. E. C. has or possibly can have is that it furnished a part of the money employed in erecting the buildings; but this was anterior to the division of the church, & the whole body was interested in it. The Treaty gives the property to the church South. It had the control of it for near ten years without objection & there was every reason to suppose that the whole body of Methodist recognized the equity of the Church South. It would in my judgment, bear reproach to the administration of justice to withhold from Johnson his rights under these circumstances.

J.P. Usher.
April 20, 1865

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

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