The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1840-08-04

ndu, SIX weeks before, foreto 4 3 lreciSgr 49,
suit which was afterwards miI rlie sfi,r,ts
The whole transaction with the " ...s ,y.afnAs
throughout
The spirit in which provisior strfie II intent
~ debts was made and the irlii,pec n ,.hirt,
The treaty itself owes us existence may Oe IN
Tered from the terms of IT, The iiras coalition
on which they are 10 be paid IL hal rhey SHAH
We aseertained TO be Justly du seeoEaig. thai
,hey must be q admiued IN H. fnY3n4Rh Il
: hol sufficient 10 ascertain ~ pro94 tkas ta1
aie ustuthey must also be ad4nittcs BIZ 4. III.
uiahsi II hey refuse their ass. - tsffefet6
uep,' however just IL may be Iown 81 BE- tsa
mol be paid according TO tn .. nsts,i,.,tor pssf
upon this clause by the Se,fg.a 81 kgaF ia8
| The commissioners. There /, siet, IN II us.nt,
by the treaty of all claims 70 I.a,,dsticas II
the construction Of the Dep;a i,i.nt ~ olsfscl
and the chiefs of the Whine ta ara III 5er
~ TO reject Just claim or au jt4xc IL 8aYrnenr
al their discretion when il s GH gap
traders TO whom they look Il 4ter ipes.s.
have usually the control Of tgts trGiaio0s up0E
every subject, IL will be perceiFt3 lhat 4 wss \
very idle ceremony on the par ~ tie Govern
ment 10 institute commit ION a. dedicate
these claims
II was not only useless esplndtaf, 81 the
part OF the Government, brl could scaeeg
Ian To subject the decision ~ lis agents - til
charge OF uniairness and init sllrt The Depart
ment oil War, unintentionally Qo oQiiht incfeas.
ed the inherent difficulties FIN the case ~ the
instructions drawn up for arii1n6e os he
commissioners, by whi.hl t.f 4&R
books or accounts regularity &4fth
duced in support Of each t.a' iheir
loss or destruction should ~ hrstGJ fL.s
limitation OF the evidence by 'aea U 81 e6ud
be established, not only ad ncH la Ia
portant requisite to those pre- tMed bp tae treaty,
but 1t excluded a large majority IS me aiaiins
especially those of long star ding,
IL appears there were two ealYNs 0ClY SIPS
ported by proofs, according "a thc Instructions
The largest number Of the oa III JeFs Wno IN
nished supplies and extende, SIR credits u D
time when they had no objer d keeping books.
would all have been excluded bs thc 8,3liucbons
OF the Department but aoAng 81 ihe Obvious
principle that debt may b. 4sliy due, thou8h
unsupported by regular emit d books d AZ
count, the commissioners ngua aed 81 eeeIve
every description Of evidenst " 1lcE sl4e pGFiles
thought proper to produce 4 NV uade hsIi
awards in favor of numerol lrQt CLAIMS 81 men
had no particle OF eyidenc, H. Ha tl.aa. III
the nature prescribed in the 3f-s
Having once set aside tn 4NED0r!r tein-
structons, IN regard TO the gttt,r 0J -
dence, the commissioners lser 59llr d sttd
themselves with greater discretionary popets
than they possessed under tsteft art feet
broke through the restraint, If t3e #tat lself
II provides that in case the mss dntr, AZ the
Wlnnebagoes should excepd sEie l8D they
should be paid pro-raa 1hfW were upward
of half million of claim prtse3ted Ninr
tenths Of the amount Of the x set suapor'eAbY
evidence which the instru, tom o+Ca IL ~
insufficient without the 53 !. ss4 .as1is VI
regular entries or books. 8eGNrtinN ne
| structons the two clamai H3E.e ICnttndA
/ amounted to near fifty til 'Iaspd dsllats Wsl
/ entitled TO their full amour ii til ~ hank W4F'
considered by the commiss oaer cs eGftAd "a
| full credit; and il was not % b. expected hey
1 would Weld their rights ugler fNe ln#9uctioNs
and voluntarily submit TO . pro ilta Destination
| OF the funds among camants whose bt were
supported by such vague ant uneestalp teatinto
ny as appears TO have been adduceo N guppor
Of many Of them. The commissioners JOG ogef
this difficulty, however, by allowing / 4ly sucl
proportion of each claim, s Imported IN aash re5-
tilnony as reduced the wnate amount az tle
claims, including those sunpuns sos Vi
me Instructions, 1sssss AZ stt. 4,s
the $3.50, 900; and in this y h} agp6Sa III
difficulty of subjectng the III sustained pr
regular proof to such pto- ait, defUc'On -
they would have been unn ne 10 saogiJ
The whole amount alloweU ~ t,tGn vas sh'1
Sl60 900, so that the pro-ra iedUctlon was Tess
than seven per cen. upon .hr amount vi an
claim allowed.
The scope which the commissioned thereby
allowed themselves for the pXefcis. 81 Partially
and iayoritism almo ugbubHded iit
committee will give few niple. Of the nan
ner in which the discretio asSlme6 @as exef
csed
Michael Brsbois estate ID clnin. iaf ~
coo for goods and mercha sold lrsscs ~
credits given, &c. from II lo is2S. i1c rcIn
missioners allowed him si8,33d 90 or less
than half the claim.
Joseph Rolette presented CAIN iur sic, ou0,
for credits due from 1912 10 ~ nclusiy slat~
ing his loss for each year 81 800 precisely for
ten years. On this claim thf commissioners
allowed 81 ,666 &c, or nearly othirds ot he
amount claimed.
| The administrator Of Jelo kos presented
claim for 1922, goo, for losses a. ..N8e lfl4 1871
to 1912, and from 1916 t. Is ~ vhirA the
commissioners allowed Solo I'll about one
third.
John Lave presented his claim for $4,000
for goods and merchandise credited from 1915
to 1s37-on this the commissioners allowed hlm
IS, $50, little more than sixth
After the admission of the numerous claims
founded on irregular and unauthorized ieslimo
ny, it might have been expected Tat the com
missioners would have applfA Il the Secretary
Of War for his approval, bn, hey proceeded
forthwith 10 comply with saether part OF ,heil
instructions, which authorized them 10 sue
certificates to each cainl.f,t for The amount
awarded, payable at the Treasury This course.
on the part Of the comnliss oners, hal caused
serious obstacles TO any plan or the correction
| of errors in other respects Some a these &er.
tfcates soon passed into the hands u third tlr
ties wholly ignorant of anS dclec ~ Che pre-
ceedings on which they Wee founded
The clause in the treaty which requires iAat
| the debt claims shall be adiulttst by the in0,sns
has received a CONSTITUENCIES b. the Secretary Of
War, which appears to the o.aai.tee . ieuoe
any effort on the part Of tbe Gcytfnment ~ te
equal Justice 10 the several claimants. 3le nd
nugatory. After directing the sfrictcsi sinF
into the merits and justice 81 every cle,H., e
curing that transcripts OF diem shouie be No
4 ~ hib;tinp names dates artei =, 9.itts II