Letter-1865, May 9

Department of the Interior
Washington, May 9 1865

Sir:

   The following is a statement of the case of the heirs of Thomas Johnson who claim the three sections of land granted to the Missionary Society of the Methodist Episcopal Church South and their assign, by the Treaty with the Shawnees of the 10th of May 1854.

   On the 20th June 1838, the Commissioner of Indian Affairs agreed with the Church, or the Missionary Society of the Church, which, does not distinctly appear from the papers, nor, as it will be seen, is it material, that the government would pay the half of the cost of erecting the buildings for a Manual Labor School upon the Shawnee Reserve, provided the cost of the buildings should not exceed $10,000, and would pay toward defraying the expenses of the school, the sum of $2500. per annum, the Society, among other things, to bind itself “to maintain the Institution in constant operation,” and if, at any time, in the judgment of the parties, it should be deemed inexpedient to continue the Establishment; the extent to which the engagement had been fulfilled, should be a subject of amicable adjustment, on principles of equity.

   It appears from the files of the Department, that there was expended in the erection of the buildings for this school, the sum of $10,637.60, of which the government paid $5000.00, that being the largest amount agreed to be paid for that object. The Society claim that a much larger sum was expended, but there is no evidence in the Department to justify that claim; but, whether or not, it would, by the agreement, in no event have been a subject of reclamation from the government.

   The school was continued by the Society, until the year 1844 to the satisfaction of the Department, during which time, as appears from the records, there was paid to the Society, by the Government, the sum of $13,000, toward maintaining the school

   In the year 1844, the Methodist Episcopal Church was divided, and one of their articles of separation was as follows: viz.

“9. 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.”

   This Shawnee School fell within the bounds of the church South,– Soon, thereafter a Missionary Society of the Church South, was incorporated in the State of Tennessee, and the Church South and its Missionary Society, took the control of the Establishment and school, by the consent of the government and the Church and the Missionary Society, North. This fact is clearly admitted by the, now, contestants, and the files of the Department do not show that from that time until last March, when we were about to execute the treaty stipulations of 1854, the Church and Society North have paid the least attention to the property, or taken any interest in the School.

   In fact, they admit that they have not, so that, according to the original agreement “to maintain the school, in constant operation,” their rights would have been forfeited for their failure to keep this vital condition: but the fact is only too patent, and not to be successfully contradicted, that all parties understood, upon the separation of the Church, that the rights of the Society and the control of the School, passed to         the Church South; and it must be held an afterthought to pretend the contrary now. The Shawnees, the Executive authority of the Government, and the Senate, so understood it, and upon that understanding the treaty of 1854 before referred to, was made.

   This treaty was concluded by the then Commissioners of Indian Affairs, Hon George W. Manypenny, a member of the Church, North. It is idle to pretend at this late day that he did not understand the stipulations of the treaty or that he would not have protected the right of his Church, if any it had. This treaty was not made in corner. Its provisions were fully discussed and it is not to be presumed that the effect of them upon the rights of all parties was not thoroughly understood. The statement now for the first time made that the Society was not, until recently informed of the treaty and of the disposition thereby made of the property in question, taxes our credulity to the utmost. Conceding it, however, to be true, it conclusively proves that the Society had abandoned all claim to the property, and quite justifies the action of the government in making the treaty in favor of the Church South.

   The right of the Church South based upon the withdrawal and ten years abandonment of the Church North was acknowledged by all parties. The condition of the treaty has been performed by Johnson for the Church South. He paid, as early as the month of April 1861, ten thousand dollars to and for the Shawnees, and ten thousand dollars to the Society South, and by agreement with that Society he is entitled to the land.

   Johnson was for a time under a cloud with reference to his loyalty. An effort was made by the Department to have the clause in the treaty, in favor of the Church, South, annulled, and the lands sold for the benefit of the Shawnees. A treaty with an article to that effect was laid before the Senate. For two sessions no action upon it has been taken.

   A cope of the article is contained in the last memorial of the contestants, which it seems, they have, in violation of the secrecy of the Senate, been enabled to obtain. Since that treaty was submitted Johnson proving to be a loyal man, has been assassinated by the rebels.       Numerous persons both civi1 and military, have attested his loyalty. The Governor, Senators and Representative of Kansas, asserting a knowledge of his rights and of their equitable character, have requested for them a favorable consideration.

   The Shawnees in council of the 19th of January last, by a petition to the Commissioner of Indian Affairs, submitted to me April 1st. have requested him to use his influence to have the article stricken out, so as to secure a comp1iance with the treaty of 1854. Among other reasons therefore, they state that the proposed treaty will interfere with vested rights; that they desire to act in good faith; that the Contract had been fulfilled to the best of the ability of the Church South, that Johnson would be the sufferer; that he had spent twenty six years of the prime of his life in teaching them and their children,–eighteen years without pay; that it was the wish of the tribe at the time of the making of the treaty of 1854, to give Johnson the three sections of land, and that they did not desire the insertion of the said clause in the treaty of 1864, but were advised contrary to their wishes, to assent thereto.

   With a paper of this kind in the hands of the Executive, I do not suppose it can be doubted that the treaty should be either withdrawn from the consideration of the Senate or by transmitting the paper to that body, request that the article be stricken out. The article has no longer the agreement or assent of the Shawnees, and should be regarded as cancelled by them.

   These contestants, on the 3rd of March last, by Wm. L. Harris, Attorney &c., filed with the Commissioner of Indian Affairs, a paper in which they asserted their rights to the land and property in dispute. He says these “lands were possessed and used, heretofore, by the said Missionary Society; the large and valuable improvements thereon having been made by the Board of managers aforesaid, and in regard to which–both lands and improvements-­the said Missionary Society has not done nor consented to any act by which their title and use of  said lands and improvements can be invalidated,” and concluded by stating that it the claim be controverted, the right was reserved to file additional. papers in support or the validity or the claim.

   Their who1e case is stated in this paper, and, only as it is stronger than the facts, was already well known to the Department. The errors in the statement are the following: It is not true that the Society or its Agents ever had more than one third of the lands in its possession or control; It is not true that the Society made the improvements upon the lands. Two houses only remain which were built by them; one of them is much delipidated by a tornado, some time since; and the government, pursuant to contract, had paid for one half the cost of these buildings. The fences which had been built by the Society, have quite disappeared and stone fences have been erected, by- Johnson, in their stead. Nor is it true, in any sense, that the Society had not done nor consented to any act by which their title could be invalidated; They never had any tit1e; but, they did have a possession, under the government, of less than one third of the land, which, twenty years ago, they fairly and honestly abandoned and surrendered to the Southern brethren, and they cannot, after this great lapse of time, after the treaty and after the rights of third parties have intervened, either honestly, legally or equitably, assert any right to this property; after this abandonment; after this treaty; after the payment of the sums of money made by Johnson; after the great lapse of time, and these people, all the time, “standing by,” the government will not aid them to commit the wrong they propose and defraud Johnson’s heirs of these lands. However influential these parties may be, they have undertaken more than can be done.

   By their last filing they ask for delay, not for proof, but manifestly, in the hope that, through the power of the government and their supposed influence, they will be enabled to get a new treaty, (for that is their only possible hope to achieve their purpose) by which they will be able to administer upon this property; drive out Johnson ‘s widow and heirs, and deprive them of the $20;000. paid and of the eighteen years of unrewarded service of the husband and father.

   In pressing me to forego the promise I made to Representative Austin. King of Missouri, to settle this matter, one of the protestants was pleased to say to me, “Johnson is but one; we are a million.”

   I am confident that they now know, perfectly well, that they have no right whatever to this property. There was a time when some of them, without knowledge of the facts, thought they had some right, but that period has passed; and I am, also, convinced that it is their hope and expectation–in some way–through government influence to deprive Johnson’s heirs of this land, which, by the performance of a solemn treaty, the government is bound to convey.

   The treaty of 1854, having been performed, if it shall be the pleasure of the President to allow it to be executed, it but remains to deliver the patent already prepared to Johnson.

   It might be proper to notice that an objection is made to the delivery of the patent to Johnson, alleging in effect, that it should be given to the Missionary Society South; but, it clearly appears that Johnson is the party in whom it is designed, by all  parties interested, to place the ultimate title, and the treaty permitting, it is,according to practice of the Department and eminently just and equitable that the patent should be made immediately to Johnson:

   Moreover, as the contestants have no right to the property, they cannot be heard with any such objection, for the reason that it does not concern them.

   The files of the Indian Department disclose the following additional facts in connection with the pretended claim of the Methodist Episcopal Church.

   The minutes of a council between the Commissioner of Indians  (George W. Manypenny) and the Shawnee Delegation on the 8^th, 9^th, and 10^th of May 1854, show that said Indians, at that time, understood Johnson’s proposition–to give them $10,000.00 in education to embrace ten years–to educate not exceeding 70 pupils–the Mission to get therefore three sections of land from the Shawnees–that it was accepted by them and they desired that Johnson’s rights should be secured to him and asked that “the treaty should fix the matter.”

   On the 20th July 1847, the Hon. Wm. Medill, the then Commissioner of Indian Affairs addressed a circular letter to the various Missionary Societies throughout the country, and among other inquiries, asked “the name of the society” and “the name, designation and location of each school under their charge” respectively. To this “circular” the Rev. J.C. Berryman Supt. of Indian Missions, M. E. Church South, responded on the 12th day of August 1847, stating the name of the Society to be “The Missionary Society of the Methodist Episcopal Church South,” and that the Board of Managers and the Corresponding Secretary as well as the Treasurer, were all located at Louisville, Ky. and that the Society was sustained by that portion of the M. E. Church in the slaveholding states and territories. He further stated that the Society of M. E. Church South had four schools under its care. “The first one of these schools is located in the Shawnee Nation near the junction of the Missouri and Kansas Rivers. The name of this school is ‘Indian Manual Labor School,’ and was the first school of any note ever attempted in the Indian Country, “on the manual labor system.”

   The “Circular” was also sent to Revd George Lane, Treasurer of the Missionary Society, M. E. Church, New York City, and in his reply to the inquiries propounded, he names the schools under the charge of the Society of which he is Treasurer, among which the “Shawnee Manual Labor School” is not mentioned. This fact seams conclusive to show that after the division of the Church, the Shawnee school was under the care and within the control of the Missionary Society of the Methodist Episcopal Church South.

With great respect Your obt. Servant
J.P. Usher
Secretary

To the President
of the United States

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