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


suit winch was afterwards ms lt.,. srn..
The whole transaction with the ,i,4.f1t.
throughout
. The spirit in which provision tft.r @s5,fggt
~ debts was made, and the iIA44ne H ygbtat
> NE treaty itself owes IT'S exisitsce HsU be ~
+ i'fred from the terms of IT, 'ahe .f4t condition
; on which they are 10 be paid us. ,ls shan
y" ascertalned TO be Justly du gNeo,. = th.t
.i'eY musi be . ainiitfed I'm III Ut 3afaF d
= no. efficient TO ascertain NJ s-a0i 10 ,ae,
[ a'e just they must also be 5lHtfts, " Z. la
u i u hey refuse their # ~ l,rrettr
ueDi' however Just il may be hCet' B. tr
not De pad according TO m 4.tF40 .t.ir ~
upon this clause by the Secia.a ,..jt Wa 44
The commissioners. Their, .Ie.,p ~. #..a,,
by the treaty of all claims "a .lat.,.t
the construction of the Den, M XII. *. ...srs-g
and the chiefs of the Winnie reut .t,e,
! " to REJECT gust claim orau lCff aaYr,ptir
nj their discretion when il
traders 10 whom they look II 3Yt "
! have usually the control Of { ,Nli-ats. apUl
every subject, il will be perc N taflat W6ss
] very idle ceremony on the p, ae Gwen
ment TO institute comm s3n NJ tiu1icats
| these claims
! u was not only useless td .sEt ct tnr
part OF the Government, bl i .Nui4 tEaaeg
/ IAN To subject the decision 0t agents ~ Hs
charge OF uniairness and mi 4 I he Depaft
menl OF War unintentionall .ub incfeas
ed the inherent difficulties dis ID n y, the
instructions drawn up for { a1asr6. al Iae
commissioners, by which,
books or accounts regularity
! duced III support Of each t4af 5000
/ loss or destruction should Yr 4t ft.
| limitation OF the evidence BY seetd
| be established, not only ad e as 49, sn
portant requisite TO those pre- ta.4 tv Toe tsaEr
| but II excluded a large ma e.rt \ tsc slallns
especially those of long staI lulz.
| II appears there were I've 33tps erl{ sap.
ported by proofs, according q tte j = ict,5 ns
| The largest number of the ~, ial VINO ttl
nlshed supplies and eXtendet sei credits AZ
! time when they had no objec heenlg books,
would all have been exclude tn .ftt HstUctlons
| OF the Department but &c in{ 9u at 9tgloGa
| principle that debt may b sg dle tiugl
unsupported by regular emit l boots AZ
1 count, the commissioners ft1e aei ao #ceift
1 every description Of eylden Vdat slle pgifles
4 thought proper to produce, 4 ly aAde hf'r
awards IN favor Of numerol He3lf- ni.b
had no particle of eyidenc, @a tieT 0t
the nature prescribed in the
/ Having once set aside tn s@4t.'ltV + Hc H-
! structons, in regard 10 the -tt .1e sf,.
/ denCe. the commissioners t4f a,HJ4, N spd
| themselves with greater oissceAs. t aWags
than they possessed under is afG Sect
broke through the restraints tne ta8 tself
| II provides that in case H. 'es o. d the
| Winnebagoes should exec o}se l0D theY
should be paid pro-rata. .1ttg were upward
of half million Of claim ir routed Nmn
enths Of The amount OF the scr sutpap'td ht
| evidence which the nstru, on. .r Aat
| insufficient, without the 5J. !. .sopts h
regular entries or books stordiee a. @t s
structlons, the two claimahU yi'trJ
amounted 10 near fifty tn sssad dollars ve1
entitled TO their full amour ffa'.ss hooa = rs
considered by the commits oaea es aea8ei *
full credit; and 1t was not ~ D. tSqaeted .hey
would weld their rights uaier r',r t92snGeuuAa
and voluntarily submit TO G pro fi,a IS n6Gton
oi the funds among clalmauta who's ~ were
supported by such vague az 4 uncerialp tesl,na@
ny appears 10 have been tddnced s sCgp0-
OF many OF them. The commissioner .ot oyrf
this difficulty, however, by allowing coy sucA
| proportion of each claim, ppatej lS 81 Il tssE
timony as reduced the W We atnortl a. tl
claims, including those suntTi sc4D
ga" instructions, ess>1s, .t.1,.
! the $3.50 600; and in this IN &S9 III
difficulty of subiecting the u. sustained hB
i regular proof To such a rg0- e@ ac5C lpu PSI
/ they would have been uns Ring 10 GtI1. w.
/ The whole amount alloweo t.eni WIS St<It
$4,000 so that the pro-ra ieduetion was ess
than seven per cen. upol nv IL DUnt Of ans
4 claim allowed.
The scope which the colninis stnnesf hereby
1 allowed themselves for the <urc,se u paftalit}
and iayortlsm was amo uphopuaeu Vfs
committee Will give few 1lplc. ~ The iaaH.
ner in which the discreto ss9mct Na eSei
| cised
Michael Brlsbois estate + D cla!u. vi r
GOO for goods and mercha' sol5. leoses =,
credits given &c from IT, 's2S inc cciu
mssoners allowed him q 3,'i 90 Of less
/ than half the claim.
Joseph Roete presented sialm i9r = iG 600,
! for credits due from 1912 - =. ineluslYe sat
ing his loss for each year az $1,000 precisely ca
ten years. On this claini the commissioners
allowed Sll 666 &C. or nearly two-thIds Of the
amount claimed.
The administrator Of Je IN y iu> urescn Cd
claim for $4,000, for losses IA 4Aee4ea 1874
to 1912 and from 1916 to lf vhic1 the
commissioners allowed S6lo 6 bout one
third
John Lave presented Ls clam, for $4,000
for goods and merchandise credited from lslS
to lS37-on tins the commissioners allowed him
81, $50 hide more than SIKH
After the admission of the numerous claims
founded on irregular and Unauthorized iestmo
ny, it might have been expected TIA, the com
missoners would have arril ~ ~, Secretary
Of War for his approval, but they proceeded
forthwith To comply with st,ciher part Of then
instructions, which autharizea them % aue
certificates 10 each clan y.t Tor Tho amount
awarded, payable al the Treasury Ths course
, on the part OF the comrlsS onpTs. baa eHus,d
/ serious obstacles TO any plan ior the cl.r -
: of errors in other respects Some q tRest ~
, tiicateS soon passed into thG hands II thrd lat
, ties wholly ignorant of ar dcicci ~ the pro
ceedlngs which they Wee founded
The clause IN the treaty which requires tha(
the debt claims shall be ad 81 the 'uo,srs.
has received a CONSTITUENCIES br tAe Secretary o,
War which appears TO the tfi...tlsatc. i7Iroot
any effort on the part of iif GrWumenf u Gg
= equal Justice 10 the several caWaAl-, d'e al
| nugatory After directing 'hc st1ctrsts laf
2 into the merits and justice a ~ ~ elaas ~
D curing that transcripts OF Chen wuia he 10
, exhibiting names, dates afutt :, p'ffs :"