The Ripley advertiser. [volume] (Ripley, Miss.) 1843-1897, 1845-09-13

due by tho uniiud hiaies 10 tho Ib'chasaw na
ton. shall be- accounted Tor by The ", states
and held and disposed ~ ny them, sublcci 10 w
trusts specified ~ sad ifoaies. and said decree
whether Toe ~ against the unied states, ehal
be hnAl and cone lusye"
This bill was reported. and tho clerk, pre-
sumo, NAKED Il "fsivArr," iof u is the dol|
0f The CLERK 30 ~ designate Tho dil'efcni DIV
which may be- introduced. II wac regularly
passed through The sensle. after some debate
and reported 10 The House as q Senate bill :
There ought, and indeed II had been NY ~
tobliou. 10 have moved ts reference 10 the com
miiiee on lbdsn snaVs, but on motion Il wa
again referred 10 The Judiciary committee. am
this motion was made, pot and carried wilhou
affcstinr my attention, And n " proper tia
should admit that here ] ought 10 have csef
ciscd more vigilance, but the r,iefenre hayinl
been made, submitted, and locked into TIN
subject, and prepared myself for full deyclope
inent Of lie principles and provisions whenever
II was reported back 10 the House. The mo
mcni came which required me 10 meet The issue
the true character Of the bill was exposed 4nt
The IIouse refused 10 enact II into law. /"
My speech has been published in oil the pa
pers; my objections are there stated TO lis gen
eral provisions, as well "a 10 the principles on
which the bill is based. But in the concluding
paragraph of that speech, the phrase "lhe enor
mites Of the bill' IL introduced; and II is said
that the intention OF the bill being but to SUBJ
serve the ends OF justice, such an expression
was unmerited, and raised a false alarm in re.
gard to the bill. With tho intentions Of The bill
have naught to do. deal with the bill ITSELF
and the abuses which may be practiced under il.
lst. regard the very principle that the
Chickasaw nation shall be required TO institute
sui, against the United States, in the circuit
court of the District of Columbia, even for
just claim, as an "enormity" as reflection up
on Congress and the executive depar,m ents of
the government. because il implies that they
either have not the disposition to deal Justly
with the Indian, or the ability to comprehend
and properly unders' and their rights. j,
I'd. regard the principle as a precedent,
leading to the most "enormous" consequences.
The claims of the Chickasaw nation, which
rave admitted in all my arguments may be just,
ink into nsignfcsnce when brought into com
larson with those of the Cherokee nation and
''her tribes. But if our govonment should al.
ow itself to be arraigned in court in this way,
's defendant on all claims which might be set
up against it, all discretion over a large portion
gress, and there is no estimating the extent of
the villainy that could be perpetra,cd on ex.
parte testimony.
Sd. The Constitution provides, 'no money
shall be drawn from the treasury, but in conse.
luence Of appropriations made by law" This
Chickasaw bill provides that "such sum as NAV
he finally adindged by said supreme court, to be
due by the United States to the Chickasaw ma.
ion SHALL BE ACCOUNTED FOR by the United
States, and held and disposed of by them, sub.
ect to the trusts specified in said treaties: and
laid decree, whether for or against the United
States, shall be FINAL AND CONCLUSIVE" The
ecree Of the court may not actually, manuaiiy,
e facto, take hold of the KEYS of the treasury,
ut this law pledges the faith of the government
hat the sun decreed SHALL BE ACCOUNTED
Or" and virtually it draws money from the
easury in violation of the constitutions; and
owever base and infamous the testimony, yet
re decree OF the court, like the law of the |
ledes and Persian, is irreversbe. This con |
der "great enormity."
9TH This Chckasaw bill confers the inris |
lotion upon the circuit court of the United
tates for the District of Columbia, to hear ard
etermine all the claims of any nature whatso |
yer OF the Chckasaw nation, under the treaties
i 1882 and 1884, against the Uni,sd States -
Vow II appears that on the 18th of March, 1912,
he amount OF stocks held by the secretary of
he treasury in trust Tor the Chckasaws, was
81 ,5S5977 23. The Chickasaw treaty pro-
pides that The money of the nation shall be in
vested in stoke not having more than twenty
years to run. The memorial of the Chcka.
saws above referred to, says, "that in defiance
OF the terms Of SAID treaties, large portion of
SAID proceeds have been invested in stocks hav
ing more than twenty years TO run" The ex
act amount am unable to state, but, from
what Information | have, suppose the sum a.
bove alluded to amounts to more than 5000 600.
Inc government in purchasing stock having
more than twenty years to run, clearly exceed.
ed their authority, and the purchase was, with
out question:, mlsappcation of a trust fund.-
But let US run this isolated case out through the
courts under this law. The Chckasaw nation
sues the United States for 100000, the a.
mount supposed to be misa pplied in the pur.
chase OF stocks; the court enters decree for
the amount against the Uuited States: the su.
preme court affirms the decree. This binds
the U. States, and renders it final and conclu
sive. But wherein is the Chckasaw nation
benefited! For the moment such question is
brought to the consideration of Congress, the
claim would be admitted. But then the attor.
ney's fec! There is the marrow of this transac.
ton. And suppose the rule of compensation ap.
plIcable in the Choctaw speculation, that one
halt of the recovery belonged to the attorney,
should be allowed in this cese, 100000 would
feel comfortable in the pockets of a hard. work.
ing attorney. This would have been great
wrong to the Chickasaw nation and destructive
OF the ends of justice. Thisis "greatest enor.
NIFTY" And the question is not with me, did
men intend to do such thing under the law;
but, could they thus plumber an "ignorant and
people,"
BIB. In the admistration Of the treaty al Pom.