The daily union. [volume] (Washington [D.C.]) 1845-1857, 1845-08-04
COM UNICATiO NS.
For the Union.
INDIAN AFFAIRs-THE CHERoKEEs.

No. 4.
Sincerely DESTROYS Of being perfectly understood
upon the question now at issue, IN relation TO thu
execution OF the Cherokee treaty, the construction
put upon its various stipulations and the power ant
constitutional duty of the President to renew ant
continue the board of commissioners until all thes,
sipulations are complied with, IL will ask the re-
publication of the l7th article an Introductory &c
this number. II reads as follows,
GALL the claims ARISING UNDER, or PROVIDED
Foa in the several articles Of this treaty, shall be cram
,nsd and adjldicated by such commissioners as shall
be appointed by The President of the United States
by and with the advice and consent OF the Senate OF
the United States, for that PURPOSE; and their deci-
sion shall be FINAL; and their certifcate OF the
amount due the several claimants, they shall be
paid by the United States
This article of the treaty Of 1885, as have
shown was ratified by the President and Senate OF
the United States; and il can be neither annuled
amended without the consent OF both the contract
ing parties. II creates board of commissioners by
whom only can the claims Of the Cherokees be le-
gslly adjudicated and paid. Any other adjudica-
ton would not be final, or binding upon the United
States or the Cherokee claimants. The 18th arti.
Gle of the treaty, them being the LAW which brought
this tribunal into existence, what are its powers
and to what term is it's existence limited Let the
language of the law answer the question When
SAIL the claims arising under, or provided for in The
serero articles Of the treaty and ApJupr
Gated, and not till them its functions cease! The
same law makes its powers supreme, for its decision
Is made FINAL! Upon this question the Congress Of
the United States sustained the following opinion
expressed by the Committee on Indian Affairs in
the House of Representatives: at tribunal pos
sessng powers, within its legitimate sphere Of
ton, co-extensvc with those of the Supreme Court
of the United States. The Executive has no legal
or constitutional right to direct or restrict the judicial
action ola tribunal thus constituted, when confined
within the limits prescribed by the treaty. The
constitution enoins it duty upon the President,
that he shall cause the laws be faithfully
ted In reference to this treaty, which is SUI
preme ldtc, he has performed this by appoint
Jog the commissioners therein provided for. When
he had done this, the special and only trust confded
TO him was discharged, and his functions ceased,
unless the tribunal thus created refused execute
the law, or perpetrated some fragrant and papable
violation of it, when he might exercise the power OF
removal from Office, of suspending their proceed
ings until proper investigation of their conduct
could be made. But whilst the commissioners con-
tinue to exist as board, he cannot prescribe the
boundaries of their jurisdiction, revise or rescind
their DEGREES when rendered, or dictate rules and
principles which shall control their judicial action
stated in my last number, that the board APP
pointed under the 18th article of the Cherokee
treaty in 1886, and dissolved in the spring of 1899
was recognized in the fall Of 1912, by the appoint
ment of new commissioners. John H. Eaton, OF
this city and Edioard b. HUXLEY, of Pennsylvania
constituted this board, and commenced operations in
November, 1912. 1t was soon discovered that there
was secret and invisible influence operating upon
the commissioners, more potent than the plain die
tates OF the instrument they commissioned to
execute. They were bound hand and foot by
instructions sent to them by T. Hartley Crawford,
Commissioner of Indian Affairs, which were made
the LAW to govern the proceedings Of the board;
and the TREATY was in effect ordered to be tied up
with bit of red tape, and laid under the table, Hear
the Commissioner, in communicating his royal
mandate: IL respectfully communicate to YOU the
following INSTRUCTIONS, conveying the views
entertained by the department. of the duties that
have been confded 70 your He then takes up
every article of the treaty having reference to nd
vidual claims puts his construction upon the seve
raj stipulations; and reads the COMMISSIONERS a
severe lecture upon the propriey of obeyng orders
The board appointed under the 18th article Of the
Cherokee treaty, whose high character had been
frequently acknowledged and proclaimed by former
Presidents and attorneys general-whose powers,
in the opinion Of Congress, equal, within their
sphere Of action to those possessed by the Supreme
Court-were thus held mere subordinates, cram
lining clerks of the Indian Bureau.
These Instructions of Commissioner Crawford
were issued September %, l642. How different
their tone and manner, and the construction put
upon the treaty, to the communication of Commits
sioner Harris when the board was first appointed
IN july 1886, as quoted in my last number Mr..
Harris, acting under the direction of Secretary Cass,
communicates the treaty, with ''the views of the
department." which he declares at once to be
tnlere SUGGESTIONS I" and that he would not sad
vert to the ORDER time or place even, in which these
duties shall be performed.n "This must be left to
your own judgment Now, again, hear Mr.. Com
missioner Crawford upon this point. have his IN
sTRucTIoNs now before me, filling up eight closely
printed congressional pages. In the third paragraph
from the last he issues the following orders to the
board: "You will proceed to such point in North
Carolina as may be most suitable and convenient
for the prosecution Of your inquiries and the dis
charge Of your duties; and after their performance
in North Carolina, you will be pleased to the
Mississippi and you will then, having, in both these
cases, given the notice necessary to afford claim
ants full opportunity to present their respective
claims, proceed in your examinations and investiga
tons in the Cherokee country west"
In the next paragraph of his instructions, Mr..
Commissioner Crawford requests the commission
ers 10 send in their reports as early possible, as
signing the following reasons; $50 soon as your re-
ports are received, an apportionment Of The fund Wi
be made here, and agent authorized to disburse it
TO the claimants, in such ratabie proportion shall
be Just, after applying what may be required to the
satisfaction of the debts found by you exist the
date Of the ireaty!" How does this compare with
the instructions given TO the board, when first or
ganized in 1886 The Commissioner here requires
the reports of the board to be made to him, that
NE can review their proceedings, and make ''raia-
biz" distribution of the funds on hand! The first
instructions upon this point read follows: 1.-THE
examination of these claims is coDfded to you, un-
der he 17h article Of the treaty. which stpuates that
your decision shall be final, and that the payments
be made, upon your certificate, to the several claim
anis.' disbursing officer was then appointed,
who held his Office at the place with the board,
and paid their certificates in full, on presentation.
The letter announcing to the board the appointment
Of this officer, is dated November a. 1886, and sug-
gests the form Of certificate, in accordance with the
conditions of the 17h article, and advises as fol-
lows: "Let the claimant sign another receipt the
back of the certificate in the presence Of one Of you
and the disbursing officer ,ci pay the amount These
certificates, signed BY either Of yot will constitute his
vouchers"
Here is an attempt made by the Commissioner Of
Indian Affairs with the sanction of Secretary SpEN.
Gen. to repudae and defiance all that had been
done by two previous administrations, in the execu-
ton Of the Cherokee treaty. Upwards of t,co mil
lion tico hundred thousand dollars had been already
paid, under awards made by the first board, in Ii
quotation Of claims for abandoned improvements
spoliations, and reservations Epery claimant ,cas
paid in full The whole sum appropriated by Con.
gress to carry the Cherokee treaty into effect
zs~l - - a 49,.