3

before I left Washington last spring
that Brown & Colbert would com-
ply with the wishes of the Secretary -
If the Session however the Session
should have obtained an intimation
of the measures adopted, and of
the views of the Senate of the U. States
on this subject, and procured an
other lease, after the ratification of
the treaty, and before our Commission-
ers could act - A question will
arise whether their title is a good one.
Our laws regulating intercourse
with Indian tribes prohibits under
severe penalties any Citizen from
leasing or purchasing Indian claim
to lands - The great question as to the
extent of the treaty making power
vested by the Constitution in the
President & Senate has been debated
on several occasions with great
ability - And no doubt the argu-
ments are familiar to you - The
question however in relation to the
disposal of the soil of the United
States steers clear of the difficulties
discussed on those occasions - Because
the Constitution provides that
Congress shall have power to dis-
pose of the territory belonging to the
U. States - The opinion that a treaty
does not repeal an existing Statute
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