Arkansas intelligencer., 1843-06-17

secretary OF war 10 examine and settle the ar.
rearages due for removal under the contract with
General Scott, in 1885," The claim for arreo :.
ages was accordingly re-examined, and S4S6 93o
SO was finally ordered to be paid by the Secretary
Of War on the 9th September, lS4l.
The action of the executive officers in this case
was, as the committee believe, in conravention OF
the rules heretofore observed, and repugnant &c
law, as expounded by various law officers of the
Government in like cases. 1t is a rule, which
each administration has heretofore prescribed for
its action, to consider the acts of its predecessors
conclusive, as far as the Executive is concerned
And, without intending to cas-: censure or blame
upon the Executive in this particular case or to dc
more than simply arrange and imbody the facts
the committee nevertheless feel bound TO express
the opinion that the executive viii always bo liza.
bic to be disturbed as often as successor shall
think proper to review them.
9th. Out of what funds was the amount last n l.
lowed paid; to whom was it paid, and on what au.
thority?
The sum of $4s6,939 3s was paid out of the
fund arising under the Cherokee treaty of 1885
'36 1t was paid to John Ross, on the authority,
as the committee believe, Of the following resolu.
tion of the Cherokee council, to wit: '' Resolved
by the Cherokee nation, through their national
committee and council in national council assemb-
led, That it is hereby ordered that the aforesaid
ly empowered to proceed to Washington city, and
urge a settlement of this claim, with all possible
expedition, and to apply for and receive from the
Government Of the United States, in the name Of
the Cherokee nation, the balance due of 1851 ,346
SSi, as stated in the account of the emigration
claim, in order that the business growing out of it
may be Brought to final close.''
This sum of 1851 ,346 SSs includes claim of
Lewis Ross, of S94, ,4O7 SO, which has not been
referred, not having relation to the subject of in
quiry. 1t is, however, somewhat curious that the
national council should undertake the settlement,
of a private claim. For the fund out of which
this claim was paid. see statement A.
7th. Was any other offer or bid made for the
removal Of the Cherokeos, and at what ratio (!
General Scott States in letter to the Secretary
of War dated August 2Sth, 1898. that the treaty
party of the Cherokee nation offered to remove
themselves for $40 per head. Watson & Co.
proposed to remove them at S32 per head and
r. E. Clements, witness already referred to,
states that there We're persons on the ground who
would have removed them for less than half the
sum agreed to be paid to John Ross.
From the opinion entertained of the original
contract, (at $65 SO hcad,) by various persons
some idea may be formed Of whether it was ibo-
raj or not. Bryan, Clements, 81 Co., offered Lew
is Ross $40 600 for his contract, which he declin
ed. George ID. Gordon, who was partner of
Lewis Ross to the extent of one-seventh, sold his
interest to the latter for $4,000. If the profits
on seventh were $4,000, they would amount 10
100000 on the whole. John Mccain, who was
employed by Lewis Ross to assist him in the exc
cuton of his contract, and who kept the account
of the purchases, &C., states that Ross could not
have realized less than $l50,00O on his contracts
as originally made.
8. What action should be taken for the pro.
lection Of the Cherokees, and to guard the Treas.
ury?
This is question which the committee find it
difficult to answer. They submit table show
ing the amount appropriated, the objects TO which
it has been applied, as well as the amount remain
ing unexpended. From this tho House will be
able to form its own judgment, when it shall be
called on to act on the subject.
Under the treaty and the acts passed to carry it
into effect, the Cherokees were entitled TO $6.-
537 ,634. By the treaty, 5000, 900 was sat apart
to pay the expresses Of removal but, by the table
above referred to. it will be that the expense
of removal and subsistence for year exceeds the
sum Of S., ,S55 900. The amount paid to claim
ants for spoliations, reservations, and Improve
ments, is S2,2l7 1928 90; and the whole amount
expended is $5,3S5, l7S %. The sum OF STA
S7l rs is invested in stocks for the benefit of the
Cherokees and thore remains in the Treasury,
and in the bonds of agents, S434,3S4 OF. OF
this 6st-mentioned sum, SOo,OOS ~ has been lost
by the defalcation Of Capt. r. D. G. Collins, as
well several smaller sums by other persons !;
so that there remains in the Treasury but $275,.
400 So. The payment TO John Ross of tho sums
which he has received over and above the amount
agreed to BIO Paid him will probably ba regarded
as matter Of no pecuniary Importance to tho
United States. These sums were paid out of the
fund arising under the treaty, or that which was
appropriated by the act of 18th June, 1888. But
it must be recolected that portion of the fun Is
arising under tlletreaty were applicable to GER
tain specific objects; and, if the Government has
misapplied these funds so far that there does not
remain sufficient to meet these objects, the def
cheney created by its abuse of its trust must be
made good out of the Treasury. The paymen,
to John Ross was an injury to that part Of the na.
ton who did not participate in the profits of his
contract, and it is likely to prove an injury to this
Government in the manner just mentioned. Ac.
companying this report will be found the contruc,
of General Scott with John Ross and others /; the
report.of the Commissioner of Indian Affairs on
the subject of Mr.. Ross's claim the review of
the claim by Mr.. Secretary Bell; the letter of the
President to the Cherokee delegation; Mr.. Ross's
accounts the testimony of number of witness
es relative to the subject; together with state-
,f