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

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sionp' al am unwilling to exercise any authority,
unless convinced myself that IL is possessed
must therefore, decline acting in this case, and leave
it, with the numerous other claims arising under the
Cherokee treaty. 10 be hereafter disposed Of bya LEGALLY
CONSTITUTED TRIBUNAL"
This is an important decision, emanating from the
source it does for several reasons. The secretary
disclams all right to interfere with the execution of
the Cherokee treaty that II belongs "ercusuey to
the board of commissioners created by the l7th
article that money can DC paid puhom their dect-
sion land he plainly avows, that there are hume
rous ciainsn yet to be adjudcated bya "egaly con-
stituted tribunal y" How does this comport with
the conduct of the same functonary eight short
months afterwards, when he assumed the power Of
revising the decisions Of this omnpotent tribunal,
and setting aside their DEGREES or with the subse-
quent repeated declarations Of the Indian Commits
soner, that there claims len unadjudicaied;
and If there were any, that He could ddjudieate
them But | am not yet satisfied. | will convict
the great dictator, whose wretched, crooked policy
is costing the government millions, where hundreds
would suffice by pursuing plain straightforward
course, "out of his own mouth" have letter of
MIR. Commissioner Crawford, bearing his own pro-
per signature, dated Nov. 10, 1898, Immediately
after he entered upon the duties of his present Office
The first board of commissioners was then in ses-
sion at New Echota, Georgia, and claimant APP
pealed to the department from decision made in
his case and requested that the board should be in
structed to reconsider and reverse the REJECTED
claim, upon different construction of the treaty.
To this application the Commissioner responded as
follows Z" | understand that in some few instances
this Office has SUGGESTED TO the commissioners a
reusion Of their DECISIONS and this is as far as IL can
possibly 60, the treaty. in express terms, provides
that their action shall be final" In this the Com
missioner gives the opinion he found prevailing in
the department, as well as his own. have, how
dressed to a claimant, dated Nov %, lS4l in which
he refuses to examine rejected claim, and uses the
following emphatic language This department
has NO POWER 10 review their decisions, The Cherokee
commissioner Nth rieio Of setting them aside, as
the l7h article Of said treaty makes their decision
FINAL !l!n
have now presented a fair view, in as condensed
form as possible, of the inconsistencies and abb
surdtes which have protracted and almost defeated,
the execution of the Cherokee treaty of 1856.
The board of commissioners was renewed in Novem-
Der, 1912; but, for the reasons have shown, their
commission rendered Ineffective. The new
commissioners, in consequence of quarrel with the
Secretary of War, were dismissed in December,
ls43, and their successors were not appointed until
May 1874 The same obstacles were interposed to
prevent effective action their part and 1t had Its
baneful influence From all have shown, there is
one thing made manifest:-tha is, when claim was
aio,oed by the board was subject the repison of
the department had ''no right to revise it, as
the treaty made the decision of the commissioners
FINAL" Should cause like this--so unjust so
cruel, so inconsistent, so contrary to law, humanity,
and common sense--be tolerated by an Executive
whose duty it is TO see the ''laws faithfully execu-
ted venture to predict that the present Executive
will say, in laundering tones, no ! MOI! MOL.
The Cherokee board has been created by
LAW, which is the treaty of 1895, to which the
United States and the Cherokee nation are the
sole parties, and it is equally binding and oblig-
atory upon both. IT, then, the Indian party to
the compact is compelled to comply with its
provisions as nation, and individual Cherokees
forced to abide by the decisions of the tribunal
selected TO adjudcate their claims, when made
against them; upon what principle of law or equity
can the other party--the United States-refuse to
abide by the same rule, by faithfully complying
with its part of the compact to the nation, set
aside the DEGREES of this tribunal, when made in
favor of individual claimants All the Cherokees
ask is that the conditions of their treaty shall be
complied with. They declare that they have good
and valid claims, arising under that treaty. that have
not been adiudicated Whether they are or are not
such claims, is for the board Of commissioners to
determine the only tribunal which be legally
constituted try their validity; and it is fair to pre-
sumo that such tribunal, bearing the whole weight
of responsibility-men selected by the President
and Senate of the United States for their ability and
fdelity--can be intrusted with this duty, and will
discharge it faithfully, and with as much safety
TO the treasury Of the United States or the Cherokee
fund, Secretary Of War Commissioner of Indian
afairs' Fit cannot, then the Cherokee treaty
mol be erecuted, and old UA Shakespeare was fool,
there something in NAME.
intended, in this number, to classify the claim
ants in the Cherokee nation west and exhibit their
present condition to the view Of the government;
and also TO show what had been done by the COM
missioners, (Messrs. Washington and Mason,)
when i'm the nation last winter and spring, and the
immense, the incaculable benefits which would re-
suit to the government and to the Cherokees fthcy
were permitted to continue their labors until the
treaty would be finally executed; but have already
exceeded my bounds. | will venture to declare,
however, that every citizen of the Cherokee nation
will corroborate the above opinion; and will close
this number by expressing, in behalf of the Chero-
KEGS, the fervent hope, the prayer that the Presi-
dent will, in the language of the United States SEN
ate, ''renrw the commission and continue it until
its objects are fully carried into effect"
AN ADOPTED INDIAN.