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
"elementary branches of an English education," while section 17 of the
act, after continuing this section of the treaty in force, provides a
fund which is to be applied "for the promotion of industrial and other
suitable education among said Indians." Again, section 7 of the treaty
provides for the erection of a schoolhouse for every thirty children who
can be induced to attend, while section 20 of the act requires the
erection of not less than thirty schoolhouses, and more if found
necessary.

The commissioners were asked by the Indians whether the cost of the
English schools provided for in section 7 of the treaty and of the
schoolhouses provided for in the same section and in section 20 of the
act would be a charge against the proceeds of the lands they were now
asked to cede to the United States. This question was answered in the
negative, and I think the answer was correct. If the act, without
reference to section 7 of the treaty, is to be construed to express
the whole duty of the Government toward the Indians in the matter of
schools, the extension for twenty years of the provisions of that
section is without meaning.

The assurance given by the commissioners that the money appropriated by
section 27 of the act to pay certain bands for the ponies taken by the
military authorities in 1876 would not be a charge against the proceeds
of the ceded lands was obviously a correct interpretation of the law.

The Indians were further assured by the commissioners that the amount
appropriated for the expenses of the commis