the Secretary of the Interior, herewith transmitted for the information
of Congress. It appears from the report of the commission that the
consent of more than three-fourths of the adult Indians to the terms of
the act last named was secured, as required by section 12 of the treaty
of 1868, and upon a careful examination of the papers submitted I find
such to be the fact, and that such consent is properly evidenced by the
signatures of more than three-fourths of such Indians.
At the outset of the negotiations the commission was confronted by
certain questions as to the interpretation and effect of the act of
Congress which they were presenting for the acceptance of the Indians.
Upon two or three points of some importance the commission gave in
response to these inquiries an interpretation to the law, and it was
the law thus explained to them that was accepted by the Indians. The
commissioners had no power to bind Congress or the Executive by their
construction of a statute, but they were the agents of the United
States, first, to submit a definite proposition for the acceptance
of the Indians, and, that failing, to agree upon modified terms to
be submitted to Congress for ratification. They were dealing with an
ignorant and suspicious people, and an explanation of the terms and
effect of the offer submitted could not be avoided. Good faith demands
that if the United States accepts the lands ceded the beneficial
construction of the act given by our agents should be also admitted
and observed.
The chief difficulty in the construction of the act grows out of its
relation to prior treaties, which were by section 19 continued in
force so far as they are not in conflict with the terms of the act.
The seventh article of the treaty of 1868, relating to schools and
schoolhouses, is by section 17 of the act continued in force for twenty
years, "subject to such modifications as Congress shall deem most
effective to secure to said Indians equivalent benefits of such
education."
Section 7 of the treaty of 1868 provides only for instruction in the
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