Morrison Waite

“ The moneys paid for the Indian lands were trust moneys, not public moneys. They were at all times in equity the moneys of the Indians, subject only to the expenses incurred by the United States for surveying, managing, and selling the lands. When, therefore, Brindle was appointed special receiver and superintendent to assist the special commissioner in disposing of the trust lands, he was employed to render a service in no way connected with the office he held. He was not appointed to any office known to the law. No new duty was imposed on him as receiver of the land-office. ”

“ These Indian trust lands were never public lands of the United States, and were never subject to sale at the Lecompton land-office. The cessions to the United States were in trust, to survey, manage, and sell the lands and pay the net proceeds to or invest them for the Indians. There was never a time that the United States occupied any other position under the cessions than that of trustees, with power to sell for the benefit of the Indians. In equity, under the operation of the treaties, the Indians continued, until sales were made, the beneficial owners of all their country ceded in trust. ”

“ The commissioner of the general land-office has power to audit and settle all public accounts relating to the public lands, and to transmit the accounts and vouchers to the first comptroller of the treasury for his examination and decision thereon. ”