The Ripley advertiser. [volume] (Ripley, Miss.) 1843-1897, 1845-10-11
u tho county,


| H. Gwln answers the constitutional s'Rp'
nent, that this sei authorized The suuf', ~ 10
many wvfds. ~ pfdre ,hs isiih ~ ibe. tloyesn
neDi, by lie decree. w sppeallnr ~ Tho sons
usesesunsI history NJ other tsses. Whrfe 70 nc
law wieb authorised Weaeides ~ sas the United
hia,ee, and which DICTATED the decfee ~ The
aonfi Should be- lnal aud conclusive, and tia,
the money deefeed should be- accounted fof--
II diets not es,st,
AZ . fair aud characteristic afgumsn, " d.
OwiD's, let me call your attention 10 the follow.
| inli
LEI, "iir, (M' Thompsop,) says tho cbiehs
cav bill authorized suite 10 DO bfouph, for the
a,nouni VI the Chickassw fund miaappied In the
purchase Of stocks having more than twenty
years 10 run. This Ia iaIsc-- no such authority
was given IN the bill--snd Nh. Thompson knew
u when he penned tho assertion" This In bold
and confident language. aud well belts the dig.
nifty u M aspiraDt 10 the Senate Of tho United
Statcs Bu, mark how a plain story will put
him down,
| In tho report Of the committee OF the Senate.
who reported the bill, II IL most true, that they
do say.-( abiding TO the Chckasaw fund misap'
Piled IN tho purchase OF stocks,) that "thcy deem
Il unnecessary TO report bill on this branch OF
the subject" But every body knows, that the
report Of committee is one thing, and tho bill
which goes on the statute book, 10 another thing.
The reason or argument for a law, is one thing,
and the law itself quite different affair. What
was the extent OF jurisdiction conferred on the
courts is best EXPIRE 'sed by the law--and the
bill reads thus:--"Ihat the Chickasaw nation,
/ through their commissioners, under the treaties
of 1882 and 1884, be and they are hereby au.
,horizedto file petition in the nature OF bill
= a = L. II. - IS hn mi nd
States for the District Of Columbia, setting forth
their claims under said treaties, or either Of them
against the United States"
We see, then, in the law, no limi'ation-no
restriction-no qualification. The Govornmeht
OF the United States agreed by treaty to invest
a large portion of their funds. IN stocks, having
more than 20 wears to run. Was this a misap
plicaion of the fund! II certainly was. and the
Chckasaw nation has rgh,--'a claim under
the trea "" to have these funds securely invest
ed in Stocks not having more than 20 years to
run. This mus, be go clear, distinct, and mani
fest that it requires the greatest nerve and most
INSCRIPTIONS audacity to deny It.
But thank him for his table, extracted from
a report of the secretary, made during our joint
service in Congress, showing the amount OF the
Chickasaw fund, which had been misapplied in
the purchase of stocks and it is right tor me to
acknowledge the fact that DR.. Gwin shows
, more information as to the exact condition OF
that fund than possess. In Gilmer's report,
could Find the extract sum invested in all, bu'
after diligent search was unable to ascertain
i, when the stocks fell due. supposed the sud
100000, because | felt confident in making
!. the suppositionpl would not 60 beyond the mark
Y Had discovered this table, that the sum ms
-, applied in the purchase of stocks was $Y3o, lo'
i 40, would have made the argument against I'M
!. bill much stronger, and it would have told VII
| double effect. This could have been made
A, far richer SNAP thon bod e"rr.s.a. 1" cup
{. posing the attorney to receive one-half OF tn
, recove y, | might have been deemed little ex
v travagant. But to obtain Judgment for al
= Indian nation tor 1898 600, no one would con
:. slider fee of 100000 for the attorney az at
in extr aordinary, or exacting. Then, in ss'ppos
1t ing the sum misappled at $500 GOO, instead {
i: $685., 900, but weakened my Argument agalns
ID the bill.
'e In answer to the last and greatest enormit
We which assert, may be practised under tn
he bill, he makes quotation from the Chickasa'
e. memorial, in order to show the extent OF Jur''
r. diction conferred upon the courts-and says,
that memorial, is found, "not word about Ian
or land claims, but referring exclusively to sun
of money that shave been drawn from the Chicl
les government liable to the Chiekasaws. II
De- location othe reserratons to individual India,
lne ,oas entrusted 10 the chiefs of the nation" Ar
e@' he contends, if the nation has been wronge
o "the courts are now open TO them" "The
!, cany by wrts of ejectment, assert their claiu
~ to the section on which the town Of Pontotc
as now stands, or any other, located in Violate
ea' oftreaty stipu!ations without the aid or ASST
as lance of the Chickasaw bill. This, Mr.. Thoml
'u' son, knows, and every man knows but it d
of not suit his purpose to tell the truth" This
and most singular language to use in the stateme'
to of an argument. But to show you how wide
the he misses the mark. let me call your attention
to the plain language of the treaty:
art. Article 9th. "And the Register and Receive
the thereupon shall locate full and fractional section
cen fit for cultivation, in the names of the differe
ws. persons claiming
On Art. 9th. "The Register and Receiver sbs
S. cause said reservations to be located upon ant
the fit for cultivation but not to interfere with Il
der settlement rights of Others"
to 1t must be kept in mind that, in the Chick
liam saw treaty, the Government claimed the rig
IN. Of title to the land-the fee simple-admttir
be- in the Chickasaws only right Of occupanc
to and promising to satisfy individual reservation
nti which were grants, and to account TO the natlt
ase for the proceeds Of the sales of The residue.
this the Chlckasaw Agent-the Register and r
loc- ceiver-Governmen officers, have maladmi
liam istered the lands, and thereby squandered
fer impaired the Chckasaw patrimony, claim
ions ganst the United States exists under the trea
nd. for reparation. This must be as clear as d
in sunbeam.
h Havv tAsyo ~