The daily union. [volume] (Washington [D.C.]) 1845-1857, 1849-01-30


reimbursed In his report, the amount due 10 the old
settler party last session 81 400 600 In making up
his estimate he exacted what | have lust read which
expressly ordered by this treaty be reimbursed
Sand whereas further amount has been allowed for
reservations under the provisions of the 18th article the
treaty of 1888 by said commissioners and has beon paid
of the said fund, and which said sums were properly
chargeabe and should have been paid by the United
States the said United Sta further agreed reimburse
the thus paid for reservations to said fund.-
| will add 10 my argument upon this clause, in going
along that the Commissioner of Indian Affairs refused to
allow that stipulation, assuming that some mistake had
been made in the treaty with reference to the reimburse
of these funds under the circumstances of the
And whereas the expenses of making treaty New
Echoa also paid out of said fund, when they should
have been borne by the United Sates the United States
paid any agent of tho government and improperly
charged to said fund and the shall also form part OF
people provided in the 9Th article Of this treaty.
will remark upon this clause OF the treaty, that the
Commissioner of Indian Affairs failed to make any allow
ance for any amount 10 be reimbursed 10 the general fund
under that clause, and that the Comptroller and Audi
tor, it me, have gone very far in shielding the
rights of the government of the United States in saying
that the ground of their knowledge OF the circum-
which iranspred at the time this treaty
formed and signed, not meant that all the moneys
paid by the agents Of The government in the removal OF
which they aege was erroneousy charged against this
fund 1t amounts to $4,000, and they report more;
whereas the actual amount, reported by the Commits
government That is not included in the amendment sent
the Chair We take the report OF the Comptroller and
be given this report with regard to these agents; be-
the Second Auditor one of the two commission
who negotiated this treaty on the part OF the govern
ment He was privy not only to all that was writ
ten and signed but to all the negotiations, all The
and all the declarations of both parties
The Committee on Indian Affairs have not thought proper
recommend any appropriation exceeding that proposed
By the treaty ITSELF thereby, however, so far as this appro
praton goes being short the sum of $l5oOOo, which
receive under this treaty. but which is not expressed
A further ground of difficulty presented by the report
of the Commissioner of Indian Affairs arises from ref
eence the five million fund in this third article which
have read He POUNDS his argument chiefly upon the
construction given by Congress in the act to which
have already alluded and to the wording OF this refer
ence to what is called the i've million fund.
Whereas the said claims have been paid out OF the five
million fund.- therefore they shall be reimbursed to the
The Comptroller and Second Auditor think that section
must be taken connection with the 9th and 4th sections
of the treaty. in both of which this fund is referred to
by Indicating different amounts The 4th section lndi.
this fund the five illion six hundred thousand
dollar fund.- the 9th section refers to by calling 1t the six
million six hundred and forty-sx Thousand dollar fund
If there could be any doubt the proper construction
of this article according to the suggestion of the Com
OF Indian Affairs seems 10 that the conc!u-
ing that these four heads expenditure had been charged
improperly to the Cherokees whereas they should have
been charged TO the treasury of the United States.
There is another clause in these words:
'sAnd this sum shall also form part Of the aggregate
distributed to the Cherokee people, as provid
cd in the 9tl article OF this treaty."
beg leave to refer also to the 9th article to show what
is to be distributed
1.-The United States make fair and Just settle
per capita division, uader the treaty Of 2sth Deccmber
1885 which Slid settlement shall exhibit al money prop
paid for improvements, fences spoations, removal
and subsis'etce, and Communication therefor debts and
claims upon the Cherokee nation Of Indians, for the add
quantity OF land coded said nation md the
provided in as es as a ct the treaty to be
sums which may be hereafter properly Flowed and paid
Of which snd several shall be deducted from sum
OF six million six hundred and forty thousand and
shall be paid per capita in equal amounts all those
heads OF families their lega representatives.,
the supplement of 1886 being all those Cncrokees residing
the date of said treaty and the supplement- thereto"
Now in ascertaning the resduum due to the Cherokee
nation proper under that ninth article desire to refer
the report of the Commissioner OF Indian Affairs and spe
city of the charges against that fund.- and then to
show the difference between that and the report of the
Comptroller
mir BELL theu read some statistics. which would be
impossible Tor the reporter to give with sufficient accura
Cyl not having the document from which they were
In conclusion, Mr. b. remarked reaftirm that if the
Senate will take the pains to read the third, fourth and
ninth sections of the treaty, they will find IT impossible to
come to any other conclusion than that adopted by the
Comptroller and Second Auditor, and that the Commits
sone has made his report outside OF the treaty OF 1885,
disregardng the third article and the main provisions of
that treaty 1t is not matter OF doubt as 10 the amount
expended under these various heads repeat again that 1t
matter OF Legal mater has OF legal
wrong setting aside the provision oil the third article
and charging to this general fund all those millions and
odd doarshe very items which the third article OF the
treaty of 1916 stpulaes shall be embraced in that fund
Mr. ATHERTON. This is question OF great import
ance, the Senate have already perceived and not only
so, but it is involved in much doubt and perplexty
There are great many details which must be considered,
and many articles of the several treaties winch must De
examined and carefully weighed before any satisfactory
decision can be arrived at and sir think there could be
no better illustration of the almost fatal facility with which
money voted in large appropriations When asked LOT
prevail here during the very able speech of the senator
from Tennessee [Mr BELLl on this grave and important
subject WHY, sir here is bill involving an amount OF
$500 900 An amendment is offered: which proposes to
add to this appropriation sum OF $l,2ooooo, ana II
seems to be almost passed by without any attention by
the members OF the Senate :, -
IT cannot be expected sir that should go into all The
details which have been alluded to by the senator from
TENNESSEE but think the senator will perceive enough,
bv going into a cursory examination of this matter 10
confess that moi at present able 10 decide with
deineness upon the which ought to be appropri
aed This ought to be made q subject OF separate
bill and ought undergo careful cautious, and labored
consideration think, sir, that the whole subject ought
to be ecommtted to the Commissioner OF Indian Affairs
as the proper department. and that he should make dea
ami final report for the guidance of Congress on the
subject
When the treaty of 1885, under which these questions
have arisen made, II was supposed that the sum OF
would the whole expense of the removal oil the
Cheokees But some questions arose the Indians were
dissatisfied in points, and supplementary ueay
was ratified 1893, which added $600,OOO 10 ~ anu
was expressly stated that should be IN lieu OF au 'e
claims OF the Cherokees. But they were YET
they still appealed to Congress; and in cons a;p Of
report made by Judge White who was then chaihah on
ha Cn,,,rtot Indian fairs. 1888, an auuiuOnal