The daily union. [volume] (Washington [D.C.]) 1845-1857, 1849-03-07

Bib, Of September st ls47 and which reasons seem to
the committee to be we'll stated and sufficient, decline to
committee relieved of all difficulty in determining as
to the justice and official proprey Of this refusasO far
certainly, Commissioner Medil is concerned--by the
fact that the Secretary OF War; whose subordinate officer
Commissioner Med 49, had, upon the deposng of these
records for safe keeping in the bureau Of Indian Affairs
given directions requiring the Commissioner of Indian AT
fairs to deny all such applications that of Mr. Bibb of
7th OF September, lsi7. (See Secretary Marcys let
ter, OF 3lst umo, to the committee reply to questions
addressed to him on the 2oth utmo.( Whether the
reasons given by Secretary Marcy in his letter to the
committee, Tor these orders regard those records
are sufficient, IT is enough that Commissioner Medll
should observe them properly and with official courtesy
towards applicants and Is not alleged by any witness
against Commissioner Medill that there any harsh
ness or ofcla dscouriesy in the manner or matter of
the refusal aforesaid.
The Commissioner of Indian Affairs, in the Judgment
OF the committee is entitled praise rather than
Tor the pains taken by him to satisfy applicants for
OF these records OF the propety of the order
OF the head OF the department, which it his duty
carry out and enforce; and the committee refer to the
elaborate answer OF The Indian Office the application of
Mr. Bib, to be found in the appendix this report; and
also to the letter to the Hon. H. " Johnson of August
q lSis. which accompanies the letter of Secretary Marcy
to this committee, which, taken in connexion with the
acqutal of Commissioner Medill on this charge A
hlrd charge Is indirectly made this memorial against
Commissioner Medl, in very harsh terms, and in sub.
stance amounting to accusation against him of Official
corruption, in having endorsed and approved the
and proceedings of the last board of Cherokee commission
ers, Messrs. Brewster and Hardin and said charge
eated and enlarged upon by several OF the witnesses be-
fore the committee, who all, however, upon their oaths,
carefully dsclalm all intention of charging Col Medill
with any want OF personal integrity in this or any other
official act of his (See the testimony of Sarrett Rogers,
Bibb Green and others) The facts in relation this
briefly follows: The Cherokee commissioners on
the 23d OF july s47 made written report the Pres
dent, which they stated that they had organized their
board the August 1885, and had been continually
in session up to the day OF their adournmentthe day
son and inter medatey, they had given ample notice to
claimants, and that they had acted on every This
report was referred, by the President TO the office Of
These commissioners were of high character and
reputation in their respective communities and had acted
and made their report under the sanctity of solemn Off
cal OATH Why then, should not the Commissioner OF
Indian Affairs be governed by this report relation the
facts stated II is alleged that the Commissioner of In
dian Affairs addressed letter to one Of the commission
while absent at Philadelphia Mr. Brewster request
ing his return; and that Col Med must therefore have
known that the board not continually in session,
stated BY the commissioners themselves in their final re-
Medlll and copy OF it, with the reply OF Mr. Brewster
furnished to the committee by the office of Indian AT
fairs and from the latter will be that Mr. Brewster
states that he was just about TO return at the receipt OF
Mr. MedlPs letter. that he had never been absent when
there were any cases prepared for the action OF the
board. The other commissioner, General Hardin, to
whom copy of the letter Mr. Brewster had been
mitted, states in his answer TO note of Colonel Med
enclosing the copy of the letter to Mr. Brewster. that his
mission had been constant and unremitted, from the
commencement to the day of the date of his letter and
in the answer Of General Hardin .'to the complaint of
the persons calling themselves Cherokee claimants"
dated 10th of May ls47, he says, "the true ground of
complaint is not alleged by compliments it is, that the
claims bioched and bIistered with fraud and which
admitted, would have taken from the public treasury
millions of dollars for the benefit Of persons wholly
entitled to compensation of any kind or amount" In the
recorded proceedings of the board its continuous daily
transactions appear to have been regularly entered by
correct and sklful secretary wv D. Miller esq, of Tex
as and are signed from day to day by the two commits
sioners, and the committee are at loss to see how
Colonel Medill would have been warranted upon this
connected chain OF official information in relation TO
their session. in conradcting dsbeevng the positive
assertion OF the commissioners the last act they per-
formed under their solemn oath of oficetheir final re-
port the 23d Of July lsi7. to the President OF the Uni
ted States, viz that their board has been family
session. and kept open for the convenience of claimants for
the purpose of filing and examining papers and
ords IN the office of the commissioners, and at the
time the commissioners have been engaged in lnvesga
tons OF the claims presented and rendering DEGREES
hereon; and that they complete their official term af
Ter having examined and reported upon every before
them, and without single demand unadused and unde-
clded All that the memoriasts possibly complain
Of, so far respects Col Medis notice OF the proceed
ngs of the Cherokee commission his annual report of
lS47 that he appeared have given credence TO the
sworn statements of said board and their official records
rather than to the and declarations OF interested
claimants who may have been emblttered against the
board by of its adverse action their and
there is certainly evidence of official misconduct or
want OF personal integrity IN all thus, on the part OF CON-
missioner MedIll, If the committee should believe
that the complaints OF the memoriaiss against the board
of Cherokee commissioners were all well founded and
Just.
In reference to the general mpuations of official mis-
conduct and taking together all the matters brought to
the notice of the committee, by the charges made and
preferred in debate in this body, the 9th August S4S
by the honorable member from North Carolina and
all that has been said before the committee by the
witnesses summoned at his suggestion the commit
tee have hesitation in reporting, after most
searching patient and thorough investigation, that there
is entire failure of all proof to sustain any charge
against Commissioner Med of malpractice impropri-
ely in office whatever They deem it but of sheer
Justice to that officer say, that from all the testimony
taken before the committee and from the correspondence
records &c. exhibited to it, they could discover not the
slightest grounds for even suspicion OF want OF nteg-
rty the part of Com missioner Med either person
ally officially.
In closing this report the committee cheerfuy bear
testimony to the fidelity and impaalV with which sthe
affairs has been administered and in fully acquitting
Commissioner Medi of all the charges and allegations
preferred against him. they but express their unanimous
opinion saying that he has performed the various and
important duties imposed hia head of the Bureau
OF Indian Affairs with marked impartahty fidelity, in
dustry, and integrity.
All the testimony taken before the committee as writ
ten down from the mouths of the witnesses is herewith
reported, also copy of their daily journal of proceed
ings; and the committee have only to ask TO be dis
charged from the further consideration of the subject
GEO. FRIES, Chairman.
concur in the conclusions of the foregoing report
far entirely acqut Mr. Medill of the charge of
rupton in the discharge of his official duties Commits
sioner of Indian Affairs WILLIAM DUER.
vestgaton made by the committee and the evidence
fuiv ADMITS of Indian Affairs either