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

in such "ratable proportions as shall be JUSr''
What mockery of justicel We have SHOWN tnal
upwards Of Two MILLIONS OF DOLLARS had been
paid to individual Cherokees, ia FULL liquidation
of their claims aising under the treaty. upon a,card,
made bu board Of commissioners appointed under hs
| l7h article. And when, three years afterwards the
same tribunal is reorganized, TO complete the work
LEFT undone at its first session, and the Cherokees
entitled under the treaty. who had not their claims
previously settled come forward with their s'aban-
doned improvements, reservations, and spolations
(being the same character of claims brought by the
same class OF claimants, those which had already
been adjudicated and paid, } they are gravey told
that, II their claims are allowed they can only be
paid upon pro rata basis, out of the balance of
money in the treasury Every claim of every
mature and description" had heretofore been paid
IN full; and the guardian intrusted with faithful
and impartial distribution Of this Indian treasure,
finding that the fund was nearly exhausted, endeav.
ors to extricate himself from the difficulty, by COM
pelling his wards, who were anxiousy waiting for
their share Of that fund.- as willed by The treaty. to
accept of raiabie drision And, to carry out this
masterpiece of ingenuity President Tyler, acting
under the direction Of his conscientious and honest
Commissioner" absolutely decreed that, 'upon all
awards made by the Cherokee board, only ONE
THIRD of the amount awarded should be paid"
apprehend that, if pro-raa division of the fund de-
sgnated by the treaty for the liquidation of ndvid-
ual claims was ever contemplated, it should have
been taken into consideration when payment COM
menced, in 1886; and not introduced now, when at
least fourfths of these claims have been Indicated
and paid.
Having referred to the instructions issued by the
Commissioner of Indian Affairs, as the LAW which
was to govern the proceedings of Messrs. Eaton
and Hubey, instead of the treaty under which they
were appointed, will show the efect--the fatal
effectof those instructions, to every person inter-
estcd in faithful execution of the Cherokee treaty.
These instructions were kept secret; the claimants
ah tn fha oard tba ~
Indian Affairs, in vain, for copy Of them; and it
was not until the 3lst day of January, l843, after
the board had been in session nearly three months
that they were dragged from the office of Indian
Affairs, by resolution of the House of Representa-
tves of the Oath of that month. 1t required ssven
days TO FURNISH copy Of these Instructions after they
were called for by Congress. The Cherokee board,
from its organization in November, lS42 up to this
time, had been doing very little business The
claimants found that the commissioners were paral-
yzed IN some way;that they refused to listen to the
provisions of the treaty as the law and only ia,o,
under which they could decide cases;-that they
peremptorily refused to issue certificates upon their
decrees as prescribed by the treaty, and in accord
ance with the uniform practice of the board at its
trst session; and, in consequence, very few claims
were presented. The first award was made by the
board, on the 29th of December, 1912; but the
commissioners acting under their INSTRUCTIONS de-
clined issuing certificate upon it, in the usual form;
IN consequence of which, copy of the decree was
obtained and taken to the Commissioner of Indian
Affairs for payment as described in my last num-
ber That decree was examined by the Commits
sloner of Indian Affairs and the Secretary of War,
Mr.. Spencer,) and set aside as claim not coming
within the pale of the boards jurisdiction and not
sustained by testimony which could pass it before
any tribunal.
Under this perplexing state of things, the Chero-
kee claimants then in Washington appealed to the
President of the United States, asking him to re-
has al.
gal assumption of power exercised by the Commits
sioner of Indian Affairs, with the sanction of the
Secretary of War. Upon this appeal, the President
endorsed: This is a matter with which | have
nothing to do. lfthe Secretary of War sees cause
to revise his opinion, and alter it, so well; if not
the parties must take their case To Congress- Is
not this singularly cold reception of Cherokees
respectfully asking fulflment Of the treaty, by
which all the lands of their nation east of the Mis-
sssppi had been rrendered,-especially, too from
President Tyler, who so eloquently and feelingy
discourses upon Cherokee grievances, in his cele-
brated letter to Mr.. John Ross and his delegation
dated September 20, lS4l; in which, among other
things, he promises them new treaty, which, in
his own glowing language, 'sha give to the Chero-
kee nation full indemnity for AL wrongs which they
may have suffered; establish upon permanent basis
the political relations between them and the people
OF the United Staes guaranty their lands in absolute
fee simple and prescribe specific rules in reference to
subjects of the most interesting character TO them and
their remotest posterity. A new sun will have dawned
upon them, in whose brightness their permanent
happiness and true glory may be read by the whole
world; and shall rejoice to have been the President
under whose auspices these great and happy results
shall have been producedi" Thus did his excel
lency President Tyler, in his honeyed accents and
grandioquent language, promise the Cherokees
nep treaty, which would elevate them to the third
heaven and yet, in the next breath, he refused to
listen to their humble appeal begging his aid in
into aAe ali -
After meeting thus the cold shoulder of the Presi-
dent "the parties did stake their case TO Congress"
by memorial dated January 49, I843; and, on the
26th of the same month"; it referred to the Com
mittee on Indian Affairs. On the 9th day of Febru-
airy ensuing, the committee reported joint resolu-
ton, defining the character of the Cherokee board
declaring its decisions FINAL and directing that the
certificates issued upon its awards should be paid
upon presentation" This resolution was adopted
by both houscs-by the Senate unanimously, on
the I'd March, the day before the last of that ses-
sion. 1t was not, however, approved by the Presi-
dent but retained in his possession until the COM
mencement of the next session. when it was return
ed to the House Of Representatives, with his objec-
tons. Thus were all the hopes of the claimants
again destroyed, and the business of the board pro-
tracted; for those having claims would not bring
them forward for final adjudication, SO long as the
incubus of the Indian Department hung over the
judgment of the court The commissioners issued
certificates after the passage Of the joint resolution;
but the Department Of War refused to pay more
than one-ihrd of the amount upon their face, and in
all cases assumed the power to review, and did re-
rieio the proceedings Of the board and in two cases
out Of three, set aside, or suspended for future
sderation, its decisions.
Early in the ensuing session Q643-44) an app-
cation again made to Congress to protect the
Cherokees from the "high-handed, arbitrary, and
oppressive measures" resored to by the Secretary Of
War and the Commissioner of Indian Affairs, under
the sanction Of the President In the time up
wards Of year had been spent by the commission
ers appointed under the treaty, and but little pro-
gress had been made. Ifthey had not been tram
melled by INSTRUCTIONS, and the execution of the
treaty had been carried commenced I'M
der the administration Of General Jackson, and
continued under that Of Mr.. Van Buren,, / ven-
ture to say every claim arising under il would have
been long since adjudcated, either by that board or
its successor in office; and every claimant would
now be satisfied, because the decision flor or against
hlm) would be FINAL. But the Department of
War was determined to throw every obstacle in the
way of the Cherokees. To attract popular atten-
ton, and more especially that of the Executive and
fha huaon Al, Ill