Letter-1865, March 31

Washington   March 31, 1865

Hon. W.P. Dole,
Commissioner of Ind. Affairs

Sir

   Referring to your reports to the Secretary of the Interior of October 18th and 21st 1862 and 13th May 1863 with the papers therein enclosed relating to the claim of Revd. Thomas 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 Episcopal Church South, by Revd. E.W. Sehon dated March 3, 1865, I beg leave to call your attention to the following papers filed since the date of your last report.

   1st. Letter from me dated June 21st 1864 enclosing Certificates of Major W.C. Ransom & others, relative to the loyalty of Revd Thomas Johnson & Alex. S. Johnson.

   2nd. Letter from James B. Abbott, Agent dated January 17, 1865 enclosing petition from chiefs and members of the Shawnee Council, relative to disposing of the three Sections of land known as the Mission Farm in accordance with their contract, with the M. E. Church, South.

3rd. Letter from me dated February 7th 1865 enclosing copy of letters of administration of A.S. Johnson, on the estate of Thomas Johnson decd also copy of his bond, and asking that the accounts of said Thomas Johnson may be taken up for adjustment.

   4^th. Letter from me of 17th inst. submitting Statement and papers, in reference to the claim of Revd Thomas Johnson on account of the Shawnee M. L. School.

   5th. Letter of Hon. James H. Lane, Hon. S.C. Pomeroy, Hon. Sidney Clarke, Ex. Gov. Carney and his Excellency S.J. Crawford on the same subject.

   6th. Affidavit of Alex. S. Johnson, as to the terms of the Contract between Thomas Johnson decd, and the Missionary Board, for the maintenance of the School, and also as to the Contract between the same parties for the last of the three sections of land.

   In submitting the enclosed papers I deem it proper to add to my former letter:

   That the Shawnee, by this petition of 17th January 1865, having requested the settlement to be made in accordance with the contract, and waived objections to it, heretofore made there seems to be no reason why the objections indicated in your report of the 18th October 1863, on which you asked instructions of the Secretary of the Interior need be further considered.

   It appears from all the papers and correspondence on the file that the contracts seem fully and fairly executed until terminated on the 30th of Sept. 1862, by your order, and I therefore think it only remains to adjust the accounts and determine to whom the three sections of the land shall be patented, and the balance of the moneys due shall be paid.

   The account stands as stated in your report above referred to: Seven thousand five hundred dollars, being due for tuition, on the annual allowance of $5000 — from the 1st of April 1861, to 30th Sept. 1862 for which Johnson has presented vouchers, duly approved by the Agent, which are now on file with the papers. This amount however, is subject to a deduction of $2000 on account of the balance due on the three sections of land.

   I think there can be no question, but that this balance of $5,500 should be paid direct to the legal representative of Thomas Johnson, deceased. The affidavit of Nathan Scarritt and John T. Peery Missionaries of the Society, and members of the Board, and of Alex. S. Johnson, show that Thomas Johnson by arrangement with the Board, maintained the school at his own expense entirely, and was to receive all payments made by the Department under its contract with the Society and did receive from it all money, heretofore paid for that purpose; This fact collaborated by the terms of the contract between the society and Johnson for two of the sections of land, and by the resolution of the Board of the 25th April 1856 filed with the papers appointing Johnson it’s Agent to receive the funds, as well as by all the correspondence with the Office on the subject. I therefore think that as he earned the money and was authorized to receive and receipt for it, in the name of the Society, but in fact for his own use and benefit, the balance due should be paid to his legal representative.

   The three sections of land referred to in the 6th Article of the Treaty of 10th May 1854; between the United States and the Shawnee Indians, the selections of which were approved by the Secretary of the Interior November 2nd 1857 are described as follows W. 1/2 of Section 3, S. 1/2 of S.E. 1/4 Sec. 3. S.E. 1/4 S. 1/2 & N 1/2 of N.E. 1/4 of Sec. 4. S. 1/2 of S.W. 1/4 Sec. 4. The North 1/2 of Sec. 9 and N 1/2 of S.E. 1/4 Sec. 9. N. 1/2 of S.E. 1/4 Sec. 9. N. 1/2 S.W. 1/4 and W. 1/2 of S.E. 1/4 Sec. 10. The West 1/2 of North West 1/4 Sec. 11. and South West 1/4 of South West 1/4 Sec. 2. all in Township 12 South Range 25 East.

   The treaty provides that there “shall be confirmed to the said Society, or to such other person or persons as may be designated by it, by patent from the President of the United States, upon the allowance to the Shawnee by said Society of ten thousand dollars “to be applied to the education of their youth.” Payment having already been made by the Society in the education of the Shawnee children, under the contract between the Society and the Commissioner of Indian Affairs of March 5th 1855, it only remains to be determined to whom the patents shall be issued.

   By the Contract between the society and Johnson of 26th April 1856 on file with the papers, the Society after reserving to itself, nearly a full section composed of the South 1/2 of the S.E. 1/4 of Sec. 3 and all of the South 1/2 of the S.W. 1/4 of same Section which “lies South of the Territorial road which runs between the Superintendents dwelling and the school house and boarding House of the said Shawnee Manual Labor School, and all the of section 10, except the E. 1/2 of the South East 1/4 and the South 1/2 of the S.W. 1/4, agrees to grant and assure one of the remaining sections to Johnson, his heirs or assignees, in consideration of past services, and the other section also on condition of his accounting to the Shawnee by tuition or otherwise for the $10,000 due from the Society to them under the Treaty and the Contract for tuition. He having so accounted, this Contract made by the Society with him for this land may be taken as a “designation” of him within the meaning of the Treaty to receive the title to the two sections: and the pattern for them should therefore issue to his heirs.

   As to the remaining section, I think that it in any event the Government will not be disposed to issue the patent for it, to the Missionary Society of the Methodist Episcopal Church South.

   A certificated copy of the proceedings of the Board, on the 19th April 1861, shows that Johnson made a proposition to the Board for the purchase of the remaining Section, which was accepted, and that the Secretary, Revd E.W. Sehon and the Treasurer Revd J.B. McFerrin, were authorized to convey the land to him; the letter of those gentlemen to him notifying him of the acceptance of his proposition and of their readiness to convey, and an affidavit of Revd Nathan Scarritt, who was a member of the Board, of 26th Sept. 1862, also show that he made a proposition to purchase that section which was accepted. None of these papers show what that proposition was. The affidavit of Alex. S. Johnson however of March 28th 1865, shows that the proposition was to pay the society $10,000, for the Section and also that in pursuance of the contract, the consideration was has been fully paid.

   Mr. Alex. S. Johnson, is shown by the letters of Messrs. Lane, Pomeroy, Clarke, Crawford and Carney, to be a Gentleman of excellent character which fact, together with the favorable knowledge of him in your office, growing out of the long connection with the Shawnee Manual Labor School, it seems to me, should induce you to place entire confidence in his statement; If Johnsons proposition were on file with the order of the Board, accepting it, and ordering a convenience to him there can be no doubt that, under the provisions of the treaty and of the contract made by your office with the Board a patent might properly be issued to him, and as he has been prevented by the casualties of War, from obtaining the Contract itself, I think the evidence offered as to its terms, and as to their having been fulfilled by him, should be regarded as sufficient and that therefore a patent should be issued to his heirs for the remaining Section; Also I feel the more confidence in asking your favor favorable consideration of this claim of the Administrator and Heirs of Johnson because it is well known to your office that it was chiefly in consideration of his services to the Indians, through a series of 18 years, before the Treaty of 1854, as Missionary and Teacher without compensation from the government of the Indians, that the grant of the three sections was made to the Society and because though he belonged to the Methodist Episcopal Church, South, he exerted all of his influence against the Rebellion and at last, lost his life, because of his loyalty.

Very respectfully
Your obedient Servant
A.N. BlacklIDGE
Atts for Johnson

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