The daily union. [volume] (Washington [D.C.]) 1845-1857, 1845-07-30

eate of The amount claimants they shall be
paid by the United States"
On the lst day of March, 1886, supplementary
articles were agreed upon, which qualify and give
character to the original treaty, in reference the
liability of the Cherokee fund for the payment of
certain individual claims, and on the subject of res
ervatons and pre-emptions but no other portion of
the treaty is changed; and on the Odd of May,
1886, il ratified by the President and Senate of
the United States, and constitutlonay became the
supreme law of the land. The two great contract
ing parties the United States and the Cherokee
nation; aud no condition of the compact can be al
tered or changed by one party, without the consent
or appreciation OF the other. The Cherokees have
complied with their part of il, by the REIMBURSEMENT
Of every acre of the coded lands to the purchaser
Upwards Of nine years have elapsed since the ratih-
cation of the treaty, and the Cherokee party are pc
tilioning in vain for fufment of il on the part of
the United States. That portion of the Cherokees
who negotiated the treaty on behalf of the nation,
removed voluntarily and within the two years pre-
scribed for their removal by the 10th article The
opposition party, continuing TO denounce the treaty
coercive and oppressive measure, refused to re-
moves and the end of two years found their country
invested with large army of United States troops,
commanded by major general, who, with loaded
muskets and fixed bayones, were driving the delin-
quent Cherokees Omen, women, and chlldren) into
camp like cattle TO the market. Thus did the strong
parig to the celebrated treaty that stripped the Cher
okee tribe of Indians of their countrythelr ancient
homestead millions ofacres, embracing the rich
est gold mines and most fertile soil in four States of
the Union compel The ,oeaker party 10 comply ,ph lis
conc honS! Is il magnanmous, is it just, is 1t be-
coming in this giant nation to torment its feeble ad
versary now, by turning deaf ear, or giving a
haunting answer 10 its appeals on account OF wrongs
real or imaginary, sustained by the operation of that
treaty?
will now proceed to show how the execution of
the treaty was commenced, under the administration
of President Jackson far the adjudication of
private claims was concerned; and in the settlement
of these claims upon just and liberal scale, the ven
cradle and venerated chief believed that the grieyous
wrongs which had been sustained by these people
would, in great measure, be redressed. On the
7th of July 1885, the board of commissioners con-
templated by the 18th article of the treaty was
brought into existence, by the appointment of Gen.
VIM. Carroll and Governor Lumpkin. General
Carroll prevented for some Time, by private
business and indisposition, from accepting the APP
pointment; and at length, in October ensuing he de-
cined lis acceptance; and on the 25th of the same
month, John Kennedy, esq, was appointed to fill
the vacancy. After the board had been in session
some months, il was found that TWO commissioners
were not proper number to constitute tribunal of
such Importance; that business was greatly delayed
by division-honest differences of opinion between
the commissioners; and that the Cherokee claim
ant was always the sufferer by such division, as it
was virtual rejection of his claim. third COM
missioner therefore proposed, and Thomas
w Wilson appointed Afterwards, Governor
Lumpkin resigned, and James Liddell was appoint
ed and Kennedy, Wilson, and Liddell, then consti
tuted the board, until it dissolved by order
from the Indian Bureau here, in March 1889.
The first communication emanatng from the
War Department, informing the commissioners of
their appointment, is dated July 25, 1896. Mr..
Harris, then Commissioner OF Indian Affairs, writes
to the board as follows, under the direction of the
Secretary of War, Governor Cass:
al have the honor by direction of the Secretary of War
runf
ing the duties conhdcd to You by the commissions trans
mitted TO you the 9TH instant present them
tons only from the very nature OF the duties much
must be left to your discretion and Judgment"
The duties thus assigned, were not only those
ferrcd to under the 18th article of the treaty, but they
had also assigned to them supervisory control over
the emigration and other matters provided for by the
treaty. With regard to the especial duties assigned,
the Secretary, after submitting the treaty, says:
1.-THE examination of these claims is confdcd you u.
der ths M article q he t,Gty which stpula'ss that yonr
certificate, to the several claimants"
Another paragraph of the same letter exhibits
still further the independent character Of the Chero
kee board, and gives the opinion of Secretary Cass
follows: 81 have thought 1t ineXpedient for me TO
advert to the order, time, place in which these du
ties shall be performed. This must be left to your
own Judgment"
The above annuncation to the board of commits
sioners appointed under the 18th article of the
Cherokee treaty, may be considered the foundation
of the execution of that instrument in reference to
the claims arising under its various stpuIatlons.
The board held its session at New Echota Georgia,
and disbursng officer appointed and stationed
at the same place, who paid their certificates when
issued. Every award of the board, upon which it
issued certificate, was paid on presentation; and
not single decree was submitted to the War De-
partment, any other tribunal of the government,
for revision. That assumption of power was never
attempted, until after the renewal of the commission,
under the last administration. The commissioners
issued upwards of nine thousand certificates, amount
ing to 81 AGO, lao 49,, shown by the public rec
ords--every dollar of which was paid in full, on
presentation, by the disbursing officer.
1t may here be proper to state, as an apology for
bringing these details in laton to the organization
Of the Cherokee board before the public, and to make
their perusa interesting instead of tedious that my
object now is to present the true character of that
tribunal before the executive and the country, under
the confident expectation that, when our present
chief magistrate is made properly acquainted with
the whole subject he will exercise his high constltu-
tonal prerogativc and direct the Cherokee treaty,
which is lane, to be speedily and faithfully exc.
suted In pursuance of this object, will introduce
an opinion given by the Hon. b. F. Butler, Attorney
General of the United States upon reference made
to him Of question arising under the treaty which
had been referred by the commissioners to the Sec
rotary of War. This opinion is dated August 81,
1888, and says:
he points referred to in these have,
oil hem been examined by III opinions heretofore trans
mitted TO your department 1t appears however from the
from the letter of the commissioners enclosed 10
your letter OF the l instant that my opinion the Goth Of
May last unsatisfactory TO the and that they
desire reconsideration oft In respect to that opinion
well to the former communications from this Office on the
general subect will observe, that am by means sur.
ped that they do not in all respects meet the views OF
others familiar than am with the probable intent OF
the makers Of the treaties referred to- and with the practical
construction which has been given to those Instruments
that ncongres should he detected in the views
scented in those opinions the various points discussed
therein,
From the grent ohscuy Of the treaty provisions, and
my want OF accurate knowledge many parts of the sub
jcct found exceedingly difficult and in
almost mpossib) to satisfy myself the questions refer
red TO and therefore not to be expected that
should be able in every instance, to satisfy others
-" will also observe that the treaty provides that the
claims arising under the treaty shall be examined and di
Indicated by commissioners to be apponeaby the President
by aud i he adcs and consent y The SENATE; and that
their decision shall be- final satisfied that all the opn
ions given this office in respect 10 the claims have been
cxtraocia and unauhorizcd tho Attorney General hav ing
no power give official opinion the request Of the
head OF department except on matters that concern M Oft
and duties Of such department The character OF
the Cherokee board OF commissioners s in principle the
same with that of the boards appointed under the
A