Arkansas intelligencer., 1843-06-24
VAN buren,, ARKANSAS SATURDAY MORNING. JUNE "a,

terested in the fund, not the Cherokees east only,
but those who, by the 18th article of the treaty,
arc entitled to the per capita dividend, "accordng
to the census just completed. and such Cherokees
as have moved west since 1888, who are entitled
by the terms of their enrolment and REMOVAL to
all the benefits resulting from the final treaty be-
tween the United States and the Cherokees east"
The arrangement was made with the CHERO.
KEE NATION EAST, by their AGENTS, not
to enable those AGENTS, or any of them, or
those they thought fit to employ, to make profit
out OF the tribe but to defray only the reasonable
expenses of their removal. II is true the sum u.
greed to be paid was fixed on as such reason
able expenditure, and, having been acceded
to by the United States in their trust character is
closed, as far as the United States are concerned,
by the payment of the stipulated amount but the
present claim is presented on equitable grounds ;
and if il shall appear that more money has area-
dy been paid than will compensate the individuals
employed for any outlay they have made, equity
is against any further allowance. The charge is
besides, not warranted or authorized by any Uni
ted States agent, nor within the scope of the au.
thorty conferred on General Scott, who repeated
ly admonished the parties against such expendi-
lures. Nor could the General s'see how such largo
issues of rations to persons in the depols, or a.
round them, could have been made by Mr.. Lewis
Ross, under his contract with the delegation -
Mr.. Ross, it is true, said the Cherokee rations
with sugar and coffse) wero preferred, and wero
issued as fast 'as the detachments were organized
for the road, without waiting for the actual ma rch
which was delayed more than thirty days by the
drought" The postponement of the emigration
might have boon -imperiousy demlndod, but in
point of fact it took place on two memorials, of
9th and llth of June, 1888. presented by Lewis
Ross, J. Busheyhead, and others, already
recited in this paper. This delay in the
11l :oI,, al,
Cherokees. and certain conditions imposed, which
they willingly and thankfully agreed TO, and what
ever raiions Mr.. L. Ross issued, they were deliv-
cred without authority. IL those who received
them were alone to be the recipients of the bal
ance, it would make very little difference wheth-
er tho claim for them allowed or not but it
is not SO: others are deeply interested in the dis
tribution of the fund. The treaty party east, who
were emigrated without Mr.. Ross ag ,ncy, rcceiv.
ed no ratons from him or his brother Lewis and
the Cherokeos west, who are entitled, must be re.
garded.
Has Nc. Lewis Ross received fair return for
his services and expenses under the contract with
his brother, and, over and above that, money sufi-
cent for the subsistence of the Cherokecs before
they marched!
The protest of the Cherokees, John A. Bell
and others dated ooh August, 1898, shows what
was then thought Of the contract made by the
Cherokee delegation with Lewis Ross, for his SUBJ
sistence on the route, at or Immediately after i,
was made. The protestants say, that if tho con.
tract had been open to competition. it would have
been taken for at least SlOO, 600 less &c. Gen.
Scott did not think proper to interfere. nor is tina
material for the present purpose. On the 18th
| August. N. A. Bryan, II. Z. Clements.--
| Anderson, Pierce B. Anderson, proposed to give
Lewis Ross, $4,000 for his contract, which he
declined, with the appreciation of John Ross anc
| orhers; and it is proved that George ID. Gordon
who became interested with LOWS Ross in his con
tract to the extent of one-seventh, sold out his in
terest to said Ross for $4,000, making pur
chase at tho rate of SlO5 900 profit on tho whole
contract. 1t is likewise proved, by John &. Nc
Cain, that no was employed by Lewis Ross to as
sist him in the execution of his contract, and that
he kept regular accounts of tho pure iasos with
the pa ayment of which he was charged: and that
he is enabled to speak pretty accurately OF 'he
cost of the various articles composing The ration,
which, from such knowledge, he makes tgving
the de,ais) equal to nine cents per ration. tic
deposes "that, after oil the deachments arrived al
Fort Gibson, dcponent examined the account OF
disbursement; and, upon comparing it with ~ihe
amounts which had been and were to be paid tc
Ross under the contract, ho is satisfied that ccal
profit of more than $3.50 900 was realized by Ros.
and his copartners." The ration is estimated by
another witness al seven and quarter cents; but
putting II at nine, the diHerence Dotween tnat ant
sixteen cents was an exceedingly large profit
The horse ration IS computed by one Of the wit
nesses (G. ID. Gordon) at twenty-five and hal
cents l.. Ross received forty cents.
From this briof statement, it is manifest that tin
profits made were enormous; and | concur will
Con- Scott in the opinion that the profits of tn
Ross contract ought to belong to the Cheroke
, nation. | am therefore of the opinion that tn
Department is not called on, by principles of equi
ty, to allow these items of MIR. Ross account, bu
is required, by proper regard to all interested,
reject it.
, have thought it best. TO examine this claim a
if legally and properly before me; but there is
in truth, no evidence whatever on file, or access
, ible by me, in its favor. The requsition referr
: ed to was undoubtedly presented to Gen. Scott
for, in his letter of the 18th November, 1888, t
Captain Page, he says: "You will perceive that
f have said | shall refer the whole subject to yo
r for examination. You will therefore see that tn
g abstracts are fully supported by the returns 10
provisions, soap, and forage; that similar issue
o were not made for the same time, or part there
of, to the persons, horses, ponies, and mules
and that the prices charged for the several article
!. which you shall find have been properly issuec
!, arc not too high. So much of the requsition
" YOU shall, under the principles and limitations a