The daily union. [volume] (Washington [D.C.]) 1845-1857, 1845-08-11
COMMUNICATIONS.
For the Union.
INDIAN AFFAIRS-THE CHERokEES.
No. 5.

No. S.
In pursuance of the plan prescribed for my mode
Of action in the first number OF these papers, IN
tendedthis numberto be the commencement oi an ms
torcal account of the NATIONAL difhcuites ana grew
ances complained Of by the Cherokee people, and to
permit the exposition have published OF the IN
consistent and failhless proceedings which marked
the adjudication Of individual claims, to stare those
who are implicated in the face, for the purpose OF
testing their blushing qualities, before proceeded
further had accordingly prepared for publica-
ton, several days ago, plsn statement OF the
claim which has been presented to this government
by the sold Settlers" or "wesiern Cherokees," as
far as could progress IN one number AFTER having
disposed Of this task, intended, IN fulhlment OF
my promise, to show the nature and extent OF the
claims and complaints of the 'treay party" and the
"anti-treaty,n or Gross party" distinguish them
by the names put down in their memorials to Con-
gress, and other printed public documents. The
antitreaty, the party who repudiated the treaty
of 1885, have large delegation now In this city, APP
pointed by the existing government Of the nation
The "od settlers" and treaty party" have recently
held convention at Fort Smith, on the border Of
their country, and delegations from both viii be
here before the commencement Of the ensuing SEES
sion of Congress.
As have stated, l intended to suspend, for a
while, all commentaries upon the conduct of the
War Department in relation to the execution of the
treaty Of 1885, and to inform the public concerning the
national affairs Of the Cherokees. II may well be
supposed shat some strong reasons should exist for
the hostile temper existing among the Cherokees
which has had the effect of bringing them before the
government of the United States claiming under three
distinctive appellatives and interests. | am aware
that the party designated the anti-treaty," OF
"Ross party" do not claim under that cognomen
the delegation declare that they represent the whole
Cherokee nation But it is equally true, that the
other parties contradict this assumption; and 1t can
not be disguised that the worst feelings of the hui
man heart have, for a long time, controlled their
actions toward each other solemnIy aver that tins
amentable of things has been produced by the
conduct of our own good governments and intend
to prove this accusation beyond the possibility of
doubt. But causes have nterlered to interrupt the
course had adopted in the discharge of the duty
assigned to me friend of the Indians. A refer
has been made to the Attorney General, by the
President of the United States at the instance of
of the agents and attorneys of Cherokee claim
residing of the Mississippi of the question
whether the President has the power to appoint a
new board of commissioners under the Cherokee
treaty." understood, after my Jjtlh number was
prepared, that the Attorney General had given an
opinion that the President had not the power to ap
point new board until Congress provided for the
same by an appropriation. AT the same time, I'M
derstood that the question would be again submitted
in another form, making different issue; and
deemed it but courteous TO that high law officer and
distinguished lawyer to await his final opinion be-
fore offered my humble statement of, and opinion
upon, the point in controversy. have understood,
this morning. that the parties have failed to make
its new issue; and hence it is that will now, in a
brief and hasty manner, submit the case IN its true
form, and ask the attention Of the Attorney General
do this with feelings of the most profound and def
erential respect for the opinions of that gentleman
The board of commissioners constituted by the
18th article of the Cherokee treaty, is continuous
court. There can be no NEW board created there
may be new commissioners appointed to fill vacan-
cies, as Judges on the bench of the Supreme Court
are appointed; but the tribunal created by the treaty
cannot cease to exist until all the duties confded
by the conditions Of that compact are performed
| will again quote the article which brought the
commission into existence: EE
Arr II. ,ALL The claims UNDER, PROVIDED
the several articles Of this treaty shall eramnsd and ad
deasd by such commissioners as shall be appointed by the
President the United States by and with the advice and
consent of the Senate of the United States for that rr
PosE their decision shall be and their cert
Of due the several claimants they shall be
paid by the United States"
The tribunal here contemplated was organized
in November 1886, and il is still in existence; for
ALL the claims arising under, or provided for ty hs
treatu haze not been examined and adjudicated! A
treaty made with an Indian tribe has as much the
impress of sanctity stamped upon it, by the official
action of our constituted authorities treaties ne
gotated with foreign nations. They are sanctioned
by the constitution of the United States, and the
second clause of the sixth article thereof places
them, as supreme la,c, upon equality with that
sacred instrument, by the following declaration
"This constitution, and the laws of the United
States, which shall be made in pursuance thereof,
and all TREATIES made, or which shall be made,
under the authority of the United States, shall be
the SUPREME lao Of The land"
The Cherokee treaty of 1885 was ''made under
the authority Of the United States and ratified,
in the constitutional form, by the President and Sen
ate, on the Odd day Of May, 1886; and on that day
il became the supreme law of the land! II cannot
be annuled or any Of its conditions interfered with,
without the consent Of both of the contracting par
ties--the UNITED STATES and the CHEROKEE MA.
TIoN! Congress cannot, constitutionally, pass law
TO abridge or change its provisions, except by the
exercise of that power which authorizes it to declare
scar; or in the alternative, by committing such o
violation of the pliehted faith of the government as
10 induce the other party the compact to declare
war in defence of its national honor This govern
ment will hardly desire present the appearance of
placing an Indian tribe in this dilemma. say, there
FORE that Congress has no more right to interfere
with the execution of the Cherokee treaty of 1885,
IL any other manner than by approprating money
when officially called upon, 10 effect that object, than
il has to interfere with the proceedings of the SUI
preme Court of the United States. Upon this plat
form place my foot, and will keep il there until
moved by stronger arguments than have ever yet
heard upon this subject.
How now stands the question at issuel The com.
missoners FIRST appointed under the treaty, closed
their session in March, 1889 Asl have abundantly
shown in my former numbers GALL the claims arr
sing under and provided for by the treaty, had not
been examined and adudicated" and in 1912 res
olution offered in the Senate, directing the Presi-
dentto appoint new commissioners; that resolution
was referred To the Committee on Indian Affairs,
and on the Oath day of March, l842, Mr.. Morehead
Ga sound lawyer made report from that commit
tee which will again bring into review. II is in
the following words:
That by the nth article of the treaty referred TO- Il is
provided that All the claims arising under prorded fo'
hs seerrai ARTICLES Of the reay &C. Erecting the I'm AZ,
iel The committee are informed that there impor
claims arising under and provided for by the several ar
cles of the treaty which were not adjusted BY the board
commissioners heretofore appointed for that purpose
and it is believed justice to the claimants requires that
those claims should be examined, and II found To- be just
that they should be paid But the committee clearly oil
opinion, that he Pyesiden ne United States FIJI POP
Err in uirfue 81 The aforementioned article Of the treaty Ia
RENEJYhs commission at IT'S pleasure, until oBIrcrs
fully carried into etci The committee therefore, NJ
recommending action the part Of the Sen
ate, and ask to be discharged"
Is not this fair expression of opinion by the
Senate of the United States--the constitutional adj
wiser Of the President upon the subject Of TREA-