The daily union. [volume] (Washington [D.C.]) 1845-1857, 1845-08-04

''sharks and SPECTATORS so much boosted Of by
high functionary, when every act of his office,
upon the subject Of Indian claims national or ind'-
pidnai tends to accomplish the very things he pre-
tends TO avoid. Let the government meet the In
dams in spirit of kindness, llberay, and JUSTICE,
and they will neither have 10 fee agents or "law-
yers TO prosecute their claims be forced by vex-
atious delays, TO sell them for little or nothing to
"speculators," hanging around the pubic depart
ments, or in the Indian country.
will cite some few of the official obstacles thrown
in the way Of the execution of the Cherokee treaty,
after the passage of the first joint resolution referred
TO, in addition TO those which preceded It's passage.
have already shown that Secretary Spencer as
sumed the right to control the proceedings OF the
Cherokee board; and that The only decree submitted 10
the department. under his administrations Of Il, ne re-
pieioed and set aside! have shown that President
Tyler held over the joint resolution directing the
payment of these claims upon the certificate OF the
board, from one session to another; and the IRON
rule adopted in the Department of War; IN relation
to the power to revise the proceedings OF the board,
and the refusal to pay more than ONE THIRD, epen
upon decided tarordbiy By the commissioners, was
not relaxed The resolution passed Congress on the
I'd March, l643, and on the 18th Of December fol-
lowing the President sent IN his refo message.
have this paper now before me- in Doc No. % THE
House of Representatives; but ! will refrain from
comment upon it, Its absurdites are not of his
coming. believe he intended to do right, if he
had known how; and all our complaint against him
was, that he did not examine the subject himself!
On the Goth December, two days after the Presi-
dent had sent his objections 10 the House, resolutions
were adopted by the Senate, propounding certain
nterrogaories to the Secretary Of War. Among other
pertinent questions the Secretary is asked by io
or authority is the po,cr conferred ON the WT Depart
ment to repiew The decisions Of The Cherokee board and
set them aside anni hem?" On the 18th of Janu-
airy, 1874, the Secretary of War sent to the Senate
his answer to the interrOgatories. The Hon. James
M. Porter was then the War Minister. have a
copy of his letter before me; but like the Pres-
dent, he was entirely ignorant of the subject upon
which he wrote; and Twill let it pass and come at
once to the ommander-in-chief, who rules presi-
dents and secretaries on all matters relating to our
Indian affairs. They have heretofore been mere
men of wax in his hands, but it is to be hoped now
that have better metal the head of affairs that
there will be no "power behind the throne greater
than the throne itself" Mr.. Commissioner Craw
ford, being called upon by Secretary Porter to
the Undergraduates of the Senate, as usual
furnishes n lengthy and elaborate argument, tenn
ing with technical niceties," which, as matter
of course, sent to the Senate as part of the
Secretary's reply. Now hear what the grand
sachem of all the tribes proclaims, in answer to
the inerrogatory above quoted, to the fright of
The department to rerise and set aside decisions Of
the Cherokee board" The Commissioner says: 'This
power the Secretary of War possesses, by his
relation as the head of executive Office, to the
Indian affairs of the country and to their admins
tration" "The POWER is INHERENT, which is neces-
sary to discharge an imposed duty unless prohibited
by iatoi BY the law of 1892 the Commissioner Of IN
dian .f0airs has DIRECTION and MANAGEMENT Of all
Indian affairs, and all matters arising out Of our In
dian relations, under the Secretary of War, and
agreeably to such regulations as the President may
prescribed!
Was there ever anything so awfully and superla-
lively grand! An inherent" power in this govern
ment--n the office Of the Commissioner Of Indian If
taTs-to trample upon the stipulations of treaty!
Why, nobody but Lord MANSFIELD could have
conceived anything half fine! The law organ
izing-or, would rather say, ''disorganizing"-th
Indian Department, was passed in 1892 the Chero-
kee treaty was ratified by the President and Senate
and became SUPREME LAW, in May, 1886 Any
power conferred upon the Indian Department by the
law of 1892, was annued or neutrallzed by this
treaty, SO far the adjudication of claims under the
18th article is concerned IL it was not, then In
dian treaties mere solemn farces, only to be held
sacred until possession is obtained Of the land coded
by their provisions. But the Commissioner knew
he was imposing upon his superior, when he fur
nished the above argument. He knew the construc-
ton put upon the treaty by General Jackson and
Secretary Cass under whose administration il was
negotiated He knew how il had been previously ex-
ecuted. He had the opinion of Attorney General
Butler published in my last number) before him,
wherein he expressly declares that "fhe War Depart
fnent legally exercise control the proceedings
commissioners appointed under the Cherokee treaty"
have, however, an opinion upon this subject
still nearer home; it was written only year before
President Tyler and the neto secretaries came into
office. Some time after the adjournment of the first
session of the Cherokee board an appeal was made
to the War Department from one of its decisions,
and afterwards carried to the President. The appel
lants were Messrs Underwood, Hansel, and Rock
WELL claiming for legal services rendered the Chero
kee nation which claim under the 10Th article Of the
wa bro,1 Uht hefnre the hoard adiudica-
ton. The compliments severely censured the con-
duct and motives of the commissioners, in their APP
peal to the President for redress. The President
ferred the subject with all the papers, to the Secre
tary of War; and report as usual, was obtained
from the Indian Bureau Mr.. Crarford ,ras then
Commissioner Of Indian Affairs and gave his decided
opinion in confederation of that entertained by
The President and Secretary Of Wn, to wit: "thai The
department had right TO revise rerieo The decisions
Of the Cherokee board Nth the pieo of setting them aside
Mr.. Poinsett then made an able report upon the
subject to the President, in which the CHARACTER of
the Cherokee board and the question of JuRlspic-
TON fully discussed and established. The Sec
rotary introduces the by referring the President
to the report of the Commissioner of Indian 76ars,
and then proceeds as follows:
"But beg leave further to remark, that, in rhai-
eper light the action of the commissioners in these
claims may be regarded, it appears to me that there
is no po,oer in the government of the United States TO
funds in any other manner than THAT specified in
the treaty. The secretary then cites the 18th arti-
Gle of the treaty, providing for the adjudication of
all claims arising under it, and argues as follows:
"In no part Of the treaty is the power vested in the
President to examine and adjudicate such claims.
On the contrary the power 10 repise the proceedings Of
the board is expressly taken array from him The first
question to be considered is, whether the decision of
the commissioners designed to be final; the
second, whether, assuming that il was SO intended,
the President cam for any reason, rerieD and rerise
it, II appears that the commissioners gave a quail
fed decision, in the first place, reserving to them
selves the right to revise their proceedings, and
make further allowance, &c. This examination
was subsequently made; and majority ofthem re-
fused any further compensation to the claimants
The third commissioner differed from his colleagues
but the opinion of majority of the board must
stand for it's decision. Any interference Of this depart
ment was irregular, and cannot invaldate the action
of the commissioners. A majority Of them refused
accede to the suggestions made to them by the depart
ment which they had an undoubted right to do.
There does not, therefore, appear to be any reason
for doubt upon the first point. The 18th article,
already quoted, disposed of the second, by an ex-
III al Al IL -