E 664 .H27 C6 ^^ .. .♦^%, IVjo^i* J? V V ^oV^ • •cs5S^«».'-. O A c .0 ^ • ^^ A^ *t. .a' '^o ,.0 •X ~. ..^ ^o [From tlic Daily Moiniiic Clironirlr, Wasliincton City, D. C, Drrcmli'T 27i li ] / /-y^v L^ ^, (p,P^^^.A< tJU^ A BASE SLANDER REFUTED. , We print tn-day ii louj^ cnninnuiicilion from \V. IVun. Clarki-, Esq , I'urmorly chief clerli of tlie Interior Dep-iriuient, nndt.T Secretary H-irlan, defendiDg the luttur from aa attack on his character as a public officer and a good citizen hy a cor I respondent of the Cincinnati Gazette. No ouo who reads Mr. Clarke's communication can for a moment doubt that Mr. Harlan has been wantonly and wickedly assailed, and that the charges brought against him are utterly baseless. To the Edilor of the Chronicle: 'I be WasblDKton correspondent of the ('looio- natl DaUi/ Gazette, of the I'tli Inst , refarrlnif to the peoOloK ^enafrUl contest In lona, and appa- rently for the purpose of (lama^lDK the prospects of some of the Kentlemen wh' !;e nauies are bolo^^ need In thit connection, travels out of his way to a<:b'all the character of ex-*eoreiary Harlan, now one cf the oMc^t and most (llstlo^ul.ihed meubors of the United States .Senate. In relation to the animin of the writer. It may be observed that It l? nusceptlble of proof that he has adml'ted that hia oblel ;;rlevaDce was a supposed sympiatby of the ex-Secretary with Qenenil (J. O Howard In & church controversy between that one armed vete- ran of the recent war and the correspondent's faih.er, an ex chiplain of the Unueot KeprcBen- tatlves, and whioh resulted In dividing the Con- gregational Church of this cUy. It has also non iiecoaie vnbllc, as a pteoe of city gossip, that this correspondent (and perbiips some otner corres- pondents of the public press) has taken offense at semtor Harlan and hH family, on account ol fome supposed Indignity whle a suf- ficient motive, for we have reason to believe that >enator Harlan has taken no part In the contest, nor even expressed a preference In favor of any one of the various aspirants. The charges aaralnst the e.\-Secretary are not only malevtlect, but contemptible in their oharao- ler Nearly all of the allegations of misconduct relate to trivial mitters, oot of whlon, according to the writer's own ahowing, It would have been Impusrlble to realize rutllclent pecuniary proflt to amount to a temptation to do wrong on the part of a high otflolal of the (l-ov- crnment. If the head of a Department, who controls the disbursement of multiplied mil. lions of the public treasure were disposed to de- fraud the (Jovernment. he would hardly waste his time In an attempt to misapply a lew quires of paper, or a few tons of coal. The charjjes, there- fore, are not only Improbable In theaselves, but are contradicted by the whole tenor rf .Senator HarUn's public and ]irlvate life and character. Upon these he might salely rely as a complete de- fense against the envenomed attacks of anony- mous sensational writers, and not fear the result. But lu justice to Senator Harlan, and as a duty we owe to the party organization of which he Is one of the oldest and most useful members, we ihad TTcoef d to rifvit the charges of the (•nmtt H-x-i C^ orrespondent, and demonstrate that they are des- titute of any foundation In fact or truth. Dr. John R. Goodwin is our first witness — the very man whom the Gazelle correspondent infinu- ates knows all the facts. While Mr. Harlan was Secretary of the Interior, Goodwin was the dis- bursing officer of the Department, as he Is at the present time; and In the following afiadavit he thus sums up and comradlcts many of the charges of the Gazette: Washington, D. C , Deo 23, 1869. In a communication published iu ihe Cincinnati Daily Gazette ot the 17th inst., the writer assails the character of the Hon. James Harlan, by char;^- Iflji : that while Secretary of the Interior, he appointed his son to the office of loessenger; that he used Government horses, and paid .^eo per month for keepintr the pair; that he paid the driver of the team from the public lunds; that he discharged the driver because he reluf ed to dress in livery, at his own expenfe; that he caused a bill of $650 lor fancy paper, cards, knives, scissors, ir. Harlan was Secretary of the Interior I was disbursing clerk and superintend- ent of the buildinx. Durlne that time, 1 p*id all bills that were paid lor salsries and for contin- gencies, and al-o, as superlatendect. had charge of the purchase of stationery, and turniture, and fuel for the DepartmeDt ; and the cnntracts and blil-i connected with such purchases are now In tbe office of the disbursing clerk. These show that the Secretary's sun was paid as a mes-^enger for the period of seven tj -three (73)d'iy 8, and no more; during that time he pcrlormed duty as messenger, often during the day. and often at night f'he rate of pay was that usually paid to messengers, and allowed by law. Every member of the Cabinet has a span of horses lurnlshed and boarded for ofaoial use, and also a driver. Mr. Harlan paid •'i>50 per month 'or the board, and not ^GO, as alleged. This Is the record, and It Is the customary price. IVIr Harlan's driver never dressed in livery I am of opinion that he never discharged a driver because he would not dress in livery, e'se the suc- cessor would have so dresped. He never caused to be paid $720 eich. on the rolls of the Department, to two men— one for a footman, and one for a dinlDe-room servant. I am intimately acqualnten with Mr. HarUn and his family, and was frequen'ly at bis nouse as a personal friend while he was Sepeared John R. Goodwin,' who, upon being aworn according to law, did de- pose and sav that the foregoing statement Is true and correct in every particular. Su'"isoriijed and sworn to before me on this day. [seal.] K. B. Nixon, J. P. Thomas D. Bond, then as now, Ghief Engineer of the Interior Department, and the cu3todian ot the fuel of the Department, makes the following statement under oath, wh'ch, in connection with the affidavit of Dr. Goodwin, completely disposes of the dastardly slander about the misuse of gov- ernment coal : I, Thomas D. Bond, on oath, depose and say, that I am now, and was during the whole period of Hon. .Tames Harlan's service as .-secretary ot' the Interior, Ohlef Engineer of said Department, and was then, and am now, custocian of all theluel received for its use; and 1 further depose and say, that i know Spersonally that no coal or other fuel was ever taken from the Department to the res- idence of the said Secretary. I also depose and say, mat I acted as the said Secretary's ai;ent in purchasing fuel for his residence and office afc his house; that several times I procured it of the government contractor, but tuat in every case, a. separate bill was made out against the Secretary lor the whole amouot, and paid for by me as his agent, he handing me the money to pay for tho same; and that no part of said oal or other luel was ever paid fir by the Department. I also ae- pose and say, that I was Intimately acquainted' with said Secretary and his family, was often in and through his house, and do not believe It pos- sible that property of any Kind could have been, taken from the Department to, and used at, his residence, without my knowledge; and that he was always scrupulously exact in paying for every thing, even of the most trivial character, turned over to his privato use or that of his family. Thomas D. Bond. District of Columbia, Washington County, to wit: Oa this 2l8t day of Decemoer, 18C9. before me, the subscriber, one of tne justices of the peace In and for said county, personally appeared Ttjoma-* D. Bond, and bein^j sworn according to law, did depose and sav that the within statement is true and correct. Subscribed and sworn to before me this 21st day of December, lh69. [SE^L.] R. B. NlSON, J. P. The next charge against the ex-Seorotary is, that he became the purchaser of a pair of horses telonglng to the Department at a nominal value. This falsehood Is completely refuted by the lot. lowing affidavit of 'iharles H. Sherrlil, John T. Price, and Oolonel Theodore B. Samo, all three well known gentlemen of this city, of unim- peachable cbs-racter, and known to be excellent judges of this kind of property. Oolonel Same was then, and Is now. In the service of the Inte- rior Department as the engineer of the aqueduct, and Mr. Price is an old and large dealer In horses, and well known to all dealers in stock. But to the afUdavit : Washington Oity, D O. , Dec. 24. 1869, The underdgned, Oharlos H. SherriU, John T. Price, and Theodore B. Samo, having seen an ar- ticle published In tbe Olncinuatl (gazette of the 17ih instant, charging Hon. James iiarlan with having procured a couple of horses of the Interior Department at a nominal price, state on oath, that on the request of the Secretary, we examined and appraised said horses before their purchase, and valued one of them at one hundred oollars, and the other one at two hundred dollars. The first one was old, and was afilicted with the dis- ease known as heaves; tho other was defective, being knee-sprung and afliioted with corns and other defects No one of us thought the hori*e8 worth more thin the price named, and some thought them worth loss than the amount named; and no one of us then thought that they would have commanded thit prise in open market. We were each well acquainted with eald horses. Two of 118 bad often driven them, Rnd the other ooe of us. Joh^ T Price, Is, an 1 has been for a lonn pe rlod. a deiiler in hoiges; anil we CDnclt'er our- eelves goud judKCsol the VHlue «r ttiai kind uf Block. i^HA.S H. MIKaUILL. .John T Pkici;. IiikokoukB. Samo. DislricI of Columbia, Wanhington County, to icU: «m ilil.-i 24iL day lit Ijeceiuber. 18uli, lunty, )>or8i)Dullv ai'i""ur«d Oharles H. Slierrlll, John r. Price, and Theodore K Shido, who belnir eaoh and severally sworn accordlUK to law, did depot^e and B^y tiiaC the within aiatement wau true and correct Subscribed and sworn to be'oro me vhls dav. [SJtAt, ] K B Nixon, J. P. The truth about this whole horse matter is that Senator Harlan'8 family, havlnit occasionally used the horces, and bee ime attached to theuj, desired to retain them, and be, to gratify the family, pur- chased the hordes at irore than tbelr real cash valoe. No one can doubt this afte' readlni; the foretcolnK atfidavlt. Wo uilxht rc!>t the relutatlon of these charKBd In relation to tbe coul and hiirses bpon ttte sworn stateinenis of the (centlemen above named, but to leave no room for doubt, that all these things Here honestly pil 1 for, we annex the fol loHln^ receipts : Received, Washlnnion. D. C , Augnft 31. 186G. o( Hun .lames Hxrlin, 1^320. for one pair of horses and hurneas, as per apprai.-ement.. William .>^. Marsh, L)l«)>urslL.K rk^ent, (Aiiuoouot. ) Washinoton, 1) O., August 9. IS^d. Hon Javeb H .ULAN BnUKUt ot .s. f. hkown i >i>N, tiirtvHruli'K aijil u l[lJmi<^lon merctiaulsi, No. 4(16 Mnth street i)ntweon t and h'sireois: ISoti— AuuiiBi 9 10 loijs L.. i\l. white ash tyiif co*l at 'JiT WO $7!) OO 18Ca— August 9. 11 tons red asu fctove at ijiS 10 b9 lu 108 10 Received payment, [Stamp ] ft. tr. Brown & Son. Wasuikoton, January 18, 1886. Hon. Jamus Uaulan To H. Clay .Stkwaut. Hr 18e6— Dec. 14. To 6 toQ' gratecoalai^9 4u.. <(47 (0 6 tons lurnaoed )., -it 4^9 9J. 4'.i 5U PuttlUki Indo , 10 tons, at 75oBnis 7 .'0 1S66— Jan. 18. TolO tons coal alijln 160 CO Pulling In 10 tuns at 7.>c. . 7 6o 201 60 Received payment, [Stamp] H « LAV STKWAUT. Now. In relation to the cbar^e aimui lue larol- tare. I( has been the cu.sio:u from ibe I irinatlon ol the Leparimeut for the Oovernuioat lo furoi-h a room at the Secretary's re'ldenco lir an office, where bo receives vls(t..>rs, and ol'en transude public business after otn^se hours. Ihli was done in Secretary Harlan's o^te as >i matter of course, iucludlng desk, carpel, uttli-e chairs, &o. a hlle this wai belUK done, poine pU cee of AiS ciist-jfTcar- peilnx, c,in."Kl«ire.i woi>\viN, Superinteudent. We come no.\t to the rldlcalous Maiemont In ' relation to services of Department eniployes at Mr. Hirlao's residence Mr. William Syphax ! has been, almost since the orKanlcitluii of the Interior Department, the mesfen>ier of the Secre- tary, and still holds that poiilitjn. It Is his <>aty to take in to the Secretary tho cards of vl Itors, and usher tbem into his presence. By reason of this lon»; service, Le has bocome personally acquainted with all the Senators and members of UunKrcss, as well as other officials; and on pu'>llo ^oooaslons, as he states In the lollowluif affidavit, he frequently attended at INIr. Harlan's to attend tho door anil receive tte visit irs, for which service he was :il*i«ys Kenerously paid by the .Senator's lady. If any of the other employe.^ rendered any services at the residence of the senator. It was usually on slmliar occislons, when they were not I required to be at the Department, and for which I they were amply compensated. The chariul(itudes of official (.alters and vibilors, I was frequently at his house (as I know personally nearlv all the Senators and mem- bers and other I'lith officials.) to atteml the door anil re ieive tbe guests, as was tho cu?tom before he bacarae .secrnary . and itiat I rendered such •ervice voluntarily, af er office nours, and was al- , ways well paid thereior by Mrs. Harlan. W. SrPHAX. District of Columbia. Wa/ihinr]ton County, to wit: On Ibis a4th day of iieoeu'ber, lt*69, belore me, one of ttie justliits ol the peace In and for the said county, peisiiually appeared Willi im sypUax, who nelng sworn according to l-tw, did depose ano siy tuai, the foregoing 8. aiement Is true and ! correct. ; subicrloed and sworn to be'ore me this day. [>*ltAL ] K B. NiVON, .1. P. The lollowing affidavit of Judgo KlUpatrlck ia also to the Same put port : Wa.-;hinotox, Docember 26, 18f9. T, Ephraliii Kilipainck, slate on oath that during itiBMhole iinie that Hon. James Harlan was .-^ecrmar) of the In'eri r I was a clerk in the Departinenl; prmall the orilln*ry duties connected with bU bouseholii— In no way connn'^tad with the Depar< ment, or borne on its rolls. He had a room tilted up as an othce at his residence, as I uniier- ftand has always been the custom "f the head of tho Drparimetir , where he trangaoted a larite amoani of ochclal busltiess, and I have observed an employe — someilmes one and trmoilmes an- other—at this office rcom, to atlanil at tue door and to (io messenger duty, and I haye been told tDat said employe fomalimes exchaotred worK wUh one of the prlv'ace servaots- un public occa- sions, suoh as recepiloas. dinners, aad during wbat is called the fasutonible seisou, and periods of extraordinary pressure, when there vpas a mul titude of otS^ial callers, messengers anit other employes of the Departtuent were frequently present, rendering the necesaary asslst-tncs; but, as tar as I ever noticed, none ot the Department messengpis or employes were ever so employer: a? to laterfere with their offlolii.l duties. 1 further Slate that Air. H:irlan,8o tar as I linow and be- lieve, has never, either while he was Secretary, or before or sltice, hafl a servant in li"ery la his em- ploy, either as coachman or In any other capacity ] i^. KlLLPATRICK. ! District of Columbia, Washington County, to wit: 1 Uu this 26th day of UeceuQoer, li^tQ, before thej snbscritver, one of tna i»siioe< of the peace in and fcr I be said county, per.-'onHlly appeared V,. Klil- pitriclc, who, betnir sworn according to law, did depose aiifl say that the foreaoinjj statement is true and co- re'it In every partioal«r. Subscribed and 8 worn to before ma [8KA.L.] K. B. Nixon, J. P. j HavioK disposed of these trivial charges against I the ex "Secretary — and which we have shown to be the mere inventions of a malicious heart — we proceed to notice ottiera more particularly afTect- lug bis official conduct, and xvhich will be founti equally unsupporteii by truth. The unblu.^hlog dedarati' n that Secretary Harlan Tjuiited the 1 «.«? lu acoepiiog the first section of f >rty miles of the Kansas branch of the Unlea Pactflo Railroad, «nd the cowardly Insinuation that he did so from Improper confiderai ions received from the com- pany, through its President, John D Perry, is driven to the wall by the voluntary staietaent ol General William J Palmer, the Treasurer of the coinpanj , sent to Mr. Harlan Itst winter, after that Ktntleman ha'l rend a similar attack In the GuscZ/f, m ide by I hts naoje corresp indent, about a year since. From this statement It appears that secretary Harlan was overruled by the then President, Andrew JoiinsoQ, and afterwards acted In this matter under the i'tesldenl's orders : Un[eetning it to be the province of the Presidsnt of the United states, and no that of the >eiretary of the Interior, to decide whether tbo si'.d sejtiou had or had not been const: ucted according to law, the officers of the company rtqu6i?ted him to examine the subject ptrsontlly, wiioti be pro. ''eeded to do ; whereupon a full and free confer- ence was had at the Kxecutlve iManslon, netween the Presidert, the Secretary of the Interior, tho secretary ot the Treasury, the officers of the <^im- pany, and several of the prlnciiiai stockholders of the road, where every thing pertaining to said section of load was luily explaioed, and all ob- jectlons to Us acceptance were fully canvassed. This interview resulted as we expected, in an executive order for the issuance ot the subsidy la bonds and lands, pertaining to faid section, the company first agreeing to malve certain Improve, ments of grades, curves, bridges iVo , which their own and the pu'ilic interest deminded, and which they contemplated making had no such agree- ment been entered Into. It is perhaps proper that I should also s'ate that 1 was at that time, ant have beoa ever since, Treasurer of said company, and nave l)een the custodian of its books and papers, and tuat I per- sotially Unow that you have never had at any ilaae the slightest pecuniary interest in this cjmpany, its property, or (rancbises. Very respectfully, j our obedient se'-vant, Wm. J. Palmkr. The malicious character of this attack on Senator Harlan is further evidenced by the reproduction by this correspondent of his old charge In relation to the sale ot the Cnerokee neutral lands, and needa no other notice than tba s'atementthat this s'an- der was completely exposed and reiut»d by :VIr. Harlan on the fioor of tho Setate last winter, and that tbe public records show that tbe sale made oy him was at as high a rate as the land wonid at that time bring In the market; and that alter ample advertising, and delaying the saie for more than a year, his successor, Hon. O. H Brownirg, was unable to efleot a sale at a higher rate. Thej-o tacts are established by House Ex. Doc. So. 85, 2 1 session Fortieth Congress, ovtr Mr, BrownIn>^':j own signature, from which we extract the follow- ing In respect to the Fale of the Cherokee neutral lands I deem it proper to remarkthat by the terLUr; of the treaty it is optional with the Secretary of the Interior to sell them in separate tracts at not less than an average ot $1 25 per acre, or in a body at not less than $1 per acre. The provision of the treaty lor tho sale in .sepa- rate iracjts is, th^t after the lands shall have bee^i surveyed, they shall be appraised at an aver>«t:e of not less than tl 25 per acre, e.xcinsive of Im- provements, and after advettlsinu lor sealed b ds, .••hail be sold to the highest bidder, for oasb, in (larcels not, exceeding oue bund'ed and sixty acres, and at not less than the appraised vj.lue. Anotber pro-'lslon of the iretty authorizes the Secretary of the Interior to sell the whole of said lands not occupied by actual settlers, in a body, to any responsible party, for cash, tor a sum not less tha.n $1 per acre. Tbe S"le ij separate parcels, on sealed bids. Is subject to the disadvan a«es of roquiriug years of time and of leaving nil the reluse lands in the hands of the Indians unsold I iitd not doubt th -t an imnaediite sale, in a body, aiijil per acre, woui.l bo greatly more to the interest ol the Indians than a tardy sale of the cbolce lands in separate tracts at the appraised value, with the 1- feri ir lands left undisposed of for years, and have, consaquentlv. been desirous to find a purchaser wno would take ihein all, good and bad logetuer, at •jil per acre. Wlih thi-i view 1 suggested anduigtd »t the last session of I'ongrpss that the United States should become the purchaser, at one dollar per acre, and issus bonds in pa\ ment thereof. Such a proposition \ras, I bellOTO. submitted to OoDKress, but. u>>t acjepied. Alter tiie ailj )urnineat ol Congreas I aatborlzed an unuttlv-'lal sttteiaaul (o be uiaile la iiju nev/n {laporn ihiit tue propi'ata lor the puruhise oi tiald audsla a tiody would \i3 received -it ttio Depurt- ueut until the Ist uf (Jetober. Kariy la Octubor »lr. .lauiog F. Joy, of De'rol', Mlcu., prop ised to take ibu laby ao'iial bol'lerd.ic tlietla.e ol lUe riuploio,l 'heir laiior'< and re|)i)r'iMl, iLe oonira'U will oeonosuuiuiateil by ac- copilnk; ibe uurcU-ife money and oau.siui( tUe laud to iio iiatenttd 'o the puri^La'^er. Very retpecil'ully, your "bedient nervant, <) II Bkowninu. -t cretary. Hon. ^ chuylrr Uolfax, ^^peakerof lae tlou-e 01 Kepreceuiailves That tbU suiisequeDt su'o by Mr BriwnloK was not considered by the (DdiaoH the I)t'pd(1 lenoe in .Senator Harlau'rt luteKrlty ontcrlalticd Uy his brother ."Senators, th»t la the Uce ot this .-.lander, and while ll luut have been tre'h la the memory ol nioh, ih? Sniine pi <.iuiul'u- tee ol Indian Atrilr.'<, where he Btiil rem:;l'i», thus evldeniMuK their appreciailou ol hi.-i kuowled^^e of the ^ul'jeJts (ortiilnlnK to that coiuuiUtee, arid their uhdlulDlshud lei-peci for hlin as au uprli^ht u an. Ihe ItBt alleuailon oonlalned la thU oorrespind- eut's letter, r.tfeoilni; Mr. H>irlaci'!i character, chirKeslhut ho ••nd Oornuilsrloner U oley, o( 'he Indian l-Jurnau, 'worked ulxhi and d*y :o perfect a Bale ol the Duliware liidlin laniln, on fraud- ulent papers ol s) tran.^pareni a oharaoter that a clerk, who was dlrejtad by ijo' ley to fill them up, tLru?t the u irnou la dls lace, trlllax aim plainly that the whole iblnir was a swindle, which would leturn one dny lo dauui all PonneHtd with It l!ut the matter was fitlven throj^h hy the active atid Ooiu'>l(ieil ett^rts ol Hariaa aod (Jooley, and luoUnossold lo the r^llroait, at nearly ijiii.y.oo ■ les.s than well-known and respoosihle parties bbl In writinx under the teims i.l the iro-ity. • • • I'he whide thlnx was a bara-ftioed cwlndle; tlrsc, o^ion tho tribe, which knew njthInK ol the treaty which h-id been obtalaed from a few by fraao ; and secondly, up>n the Unite.l States, which lost lully I-IOlIjOOO by tUe 8ub$e(iuoDt »aie " This Is a revl»*l of nn old, srale char<« made about a year since by this 8*rao correspondent la the paine I aper. which eeeius to be tho reopptacle ot all ol this writer's faorlcitlons, and wLloh was deejieJ Ly the friends of the pirtles ro'erred to to be 00 transparently fal°e, and whtsh was so flatly contradicted by the public records, as to neoJ no lormal rofu'atlon. The treaty referred to pro- vided that the I'NIIsfouri River Kallroad Company, whose roads were looiteil through these lands, where many (d those lni!t\t s lived, mlxht, within a Klven period ^fter the publication of the treaty, purchase theii at not less thin two dollars and tifty oonts p .T aore, adding tho appraised value of Imprc'vemenis; and If nut so purchased by said company, then, under certain rostrlctlans, to bo sold to the hUhuji bidder. The company Kavo notice of acceptance, died bond as provided by the treaty, and -lemandod that the contract should be closed ln>l3tlnK that It was entitled, within tbo period fixed by tho treaty, to the exclunivc rlxht to purchase at the sMpulited prloe. ."secretary Harlan, however, held thiit the tretty was sus- ceptible of a dilferent construction, and kept the initter open for o'hT bids utitll near tho cloi=o of tho ptrloil named In tui tre.ity. N> other bid beinkt received, be notified the company that I's bill Lad been accepte''. But on the same day, and before the contract had been executed and de- livered, Oeuera; 'humiS £wlnt(, Jr., the law partner of i he Inoomlnij Secretarj, ( \Tr. Brown- log.) called at the Deparimont, and filed a bll, as he Ptated, In tbo Interests of certain clients of bis, prop J.-ilnK to purchase tho.se lands at the rate of three ilollars and one cent per acre. The Seoretnry, ooubrlni? wheth«rthl< bid hud bien re- ceived In time, Inlor'ne I the pirtles tint umler the existing St ite of fiots he thought It would be ; advisable to le'. the whole matter ko over, to le adjusiel by Secretary Brownlox, who would have po!-se8.'lon of the otlloe Inafevdays. On the fol- lowing (lav, however, (reneral Lwlnu; prp.sented to iHr Harlan tho foUowlnt^ letter, wl.hdrawloK hlabld: 1 Washington. Auiru.si 30, ISCtJ. Hon. James Harlan. Sccrilary of the Interior: I -la: When 1 made iny (da yesieriiay lor the Del 'I wa re laioU In Km as as, I hid no' seen or beird of the bond tiled bv tho >ll3flourl Klver Kallroid (}ompiny on the 2Ttb Inst., and their letter In- cIosIdh It. ; nor of y our havInK stated oraily ihit the iio!id was sitlf f ict'try, and their propospion to Ipurcba.e was anep'ed; nor of jour loiter of yes- terday, add'ess'Ml t) the cjm|)iny, then already slffimi] an. I recorded I had not , either, car-iiilly o nsiuered tho "th article of the I>rla«are treaty since then, however, these several matteis have ■•een considered by in?, iind I am led to bn'lavo that even II I'lO con'rac, should be awarded t > me, 1 shiil be compelled to tojt la the courts tho claims of tbo joiupaoy to tho rl^ht of purchase of the lands. I do not consider theliods a good purchase at my oir«r, «|ih a cl oudo.l or embarrassed title, and therefore iisii le*vo to wi'hdraw my bll, and re- ceive oack the certlQoate of deposit aooompany* log It. Very truly yours, I'HOMA.'* EwiNO, Ju. The withdraws! by Oeneral Ewlour of hl« bid raised iho qlr HirUn u-u illy referro.l ItJual questions, and tho writer hereof, then tbo tUilef (!l«rk of the Department, as well is others leirned In the law, the secretary was advised Ihat Qeaeral KwloK was entitled to withdraw his bid at any lime bnf re lis acceptance, tbo oorrec'ne.'S of which, we presume, no lawyer will doubt. This bid beinx withdrawn then, and there being no other otler, the contract wis closod wlih the abjve-naxeJ company. An examination of the treaty will show that it Is at least cloubMul whether the company had not been made preferred purchasers within th-j peilod; In otber words, whether the company did not possess exclusive right to purchase at the stipu- lated rate per acre during the period fixed in th^ treaty ; an 1 If the company was thus pre'erred, as its officers insisted, then Mr. Harlan committed a le^al error in holding the tale open for other bids. after receiving notice of the oompan^'.s accept- arce — an error wtiich delated. Instead o' btnefited, the railroad company. In tois whole transaction it is clear from the testimoov that Mr. Harlan acted with scrupulous care, aod soujjhtto make the most he could out of the lands lor the oeneflt of the Indians. That the treaty was fairly negotiated, and was fully understood by the Jjelaware Iijdian8,ls lully apparent from the following letter from Superin- tendent Murphy, aadressed to the Secretaiy soon after this slander appeared In its first form, ab]ut a year ago. Washington, D. C, February 23, 1869. Hon. James Harlan, United Stales Senate: Sia: My attention havlog been Ctilled to a letter published in the Clnclcnati Gazette, from a cjr- respjndent in this city, relative to the treaty negotiated with the Delaware Indians in 1866, In whi^h, alter stating that •'•villiam H. Watton a clerk in the Indian Department, was appointed a commissioner to visit Kansas and conclude i* treaty « 1th the Delaware Indians," It, goes on to state that "iVIr. Watson went, imtnedlateij to Kansas nnd called upon fhouias Murphy, super- intendent of Indian affairs for tnat sst,ite, aud stiowed him the treaty and letter ol Instructions Mr. Murphy was blck in bed, and not being able to attend to the matter, directed liis clerk to act for him. vv atson acd this clerk then got together three chiefs and four otLer Indians as counselors, anil havlnti manipulated thuu properly, obtained their signatures to the treaty, 4c " As one d vhe couioiisstuners whose name Is attached to tha Delaware treaty ol 1866. I deem In due to myi-elt to state ihe facts relative to the making of this treaty, and as you were my superior officer at tnat time, I Ceem it proper to make the stateoaent to vou Mr. Watson. Agent Pratt, and myself, were appointed commissioners to negotiate ihe treaty referred to. On Mr. vvatsnn's arrival at Leaven- worth, Kansas, I met him there, and we proijeeded direct to the Delaware agency ; runners were sent out to inform the Indians, an I ttie dav foil iwing we counseled wltti them relative to the business that had brought us there. As is customary with Indian tribes, the Innlans xfler consultation among themselves, directed their chiefs and heart men to make the irea'y. Ttiey performed thi=> service I he treaty was written our, by ttie com- mlsslnners . and after being futly explaineo, was sinned by them and all the cblefs aiid head men of the Delaware Nation I was not; sick at tbar time; was present during the negotiating of the treaty. If there was any manipulating of the chiefs, 1 knew notbing about it. 1 do know that the treaty wa? satisfactory to the Itelawire Indians at that time, and 1 have never beard onn of tuem complain about any ot its provisions since. So much In regard to tbat portion of the letter in the Gazette which r fars to myeli In ronneotion with ttis matter ; and, I have no hesitation in say- ing In reuard to the otber statements in said letter impugning vonr motives ana those of the then Goaimlssioner of Indian Affal's, that as far a.s I have any kriowledge, they are wholly without loundattoD In fact Very respectfully, your obedient servant, Thomas ivIukpht, Superintendent ol Indian Aftalrs. If we admit that, by more skillful njanagement these lands miaht have been sold for tbe price named in the bid put in, and afterwards with- drawn by General Ewing, still the Gazette cor respondent's reckless disregard of truth, or his total Ignorance of the subject, is perlectly patent. Iq hid haste to gratify his hostility to benator Harlan, and at the same time create a sensation, he did not stop to add up the ngures. Secretary Browning reports, in the document to which we have referred, that there were 92 508 93-100 acres of these lands, the difference between the total value of which, at ^2 60 and .$3 01 per acre, would be less rban ;i!48,Oi 0, Instaad ot $luo,O00, as alleged by the writer. Tnat the rlolcalous story about the supposed righteous indignation of a clerk in tue Indian Bureau is false, is clear from a peru. sal of the treaty, from which it will be seen that the tJommlssioner of Indian Affairs had nothing whatever to do with the sale. As a matter of laoo that officer never Intermeddled with the subject. The treaty made It the duty of the Secretary to make the sale, and he did make It. without the aid of tbe ('onamlssioner. The succeeding alle- gation that the United ^^tates lost $!tO. OOU in this sale of t'je lands, is equally destitute of truth, and jtbat it is S3 needs no other proof than a knowl- edge of the fact that these lands were the exclu- sive property of the Delaware Indians, and were sold for their benefit. We have thus, a', the risk of being tedious, care- fully and minutely traversed every alleifailon of the Goct'^/ccorrespon lent, presenting the affidavits of responsible parties personally conversant with tbe facts to which they testify, with receipted bills, in denial of the charges made against the ex Sec- retary, afte- having per.sona'lj examined tbe public rec'irds, laws, and treaties, and files of the Interior Department. From tbis statement tbe public, Fo lar as it may feel any interest In the sutject, may know the precise facts and the whole truih, and we ooub'. not that the judgment of our I readers will coincide with our own when we state that this narration establishes that the cbarges made against Senator Harlan are utterly ground- less, and that no reliance should be placed here- after in the productions of this correspondent, whenever, at least, they are deslgaed to aff-jct the Conduct or character of individuals It Is now said that he has announced on the streets, to bis. "cronies and sympathizers," his purpose to ''write down Senator Harlan," as pure a public man as lives, and ruin him in the public estimation. Wnat this high-toned gentleman and patriotic correspondent may be able to make up Irom discharged servant.s and dismissed department employes, who are not always free from vlndlotivo feelings, and a <'ispo- sit ion to avenge injuries, real or imaginary., or what the fruitful imagination of a sensational, reckless correspondent may Invent, no one can divine or anticipate; but after this expose of his malicious and unwarranted assault upon senattir Harlan, to say notbing of his other attacks upon prominent Bepuhlican statesmen, by wbloh his true character is made known to his employers, we shall bo surprised if the columns of the Cincin- nati Gazette are prostituted hereafter to the dis- semination of hi) slanders. To give a sort of color to his vile charges, the Gazette correspondent absurdly demands to be put to the proof of his allegations in a court of law— a demand, in Itself, an insult to common sense. He is believed to be totally Irresponsible, and Id eager pursuit of botorle'y, doubtleas boldlog that a notoriety for Infamy Is preferable to total ob- scurity. There are just such depraved minds In all professions, and unfortunately for the jjress, It Is not exempt from the oommon lot. But If this were not so la this case— If this deliberate slan- derer were able to respond In damaKes — what com- : pensatlon would such a judgment be to a pure and upright statesman of honorable time for the in.[ juries InflliMed on his good name; theonly legacy, perhaps, which he will be able to bequeath to his children? Having Itnown Setiator Harlan 1 jag and well and believing that he Is pure la his public as In his private life, we have prepared this viodloatloQ of his character from the assaults of the Gazette correspondent, urged thereto by that sense of common justice which should animate every heart, and which will, sooner or later, prove every just man's sure vindication. To us It has been no pleasant task, (or attacks of this character, when shown, as In this case, to be malicious and un- founded, bring discredit upon the press, and lessen the dignity of Its members. And In vindicating the gentleman assailed, we vindicate the press Itself. It would be terrible, Indeed, If defamation of this character could not be exposed and refuted by the same method by which It Is disseminated; and hoBce, duty, as well as justice, demanded tLl5 vindication at our hinds. W. Pknn. Clarkk. 33 «5 ^•'aP' v**^*,**' V .^^\ / •l.JJ^* % .T' ^.JMoT^* (jy A, >A^^i.* Vj,. A*" ♦ lO^ .» '^^ **^??P* A < \r- ^^.t.* ^o. ^\ DEC 82 [^ N. MANCHESTER, INDIANA 46962 .^'>'%. • . . . • .V ^■^" ■>• V ^O.