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

ton now before us made with the Cherokee halioh
There seemed 10 be great doubt with reference 10 some
articles of that treaty. whether they were mol very III
advised and whether the Senate ought ever 10 nave fa
fed them. But will not go into maj qaesuon LOT,
whatever the treaty was, the government oouhd 0y IL
and there is anything due TO oier Paiues Oh 'he oheio
kee nation under that treaty. and is taken up, and you
definitely establish the sum that is DUE am as ready as
any man TO vote for the appropriation Bat before pro-
ceeding any further, would ask oil the senator from
Tennessee, [Mr. BELL.l whether. IN the amount men
toned in his amendment OF S5o6,000 there has been any
deduction made account of appropriation made to
the Cherokees in North Carolina, any other claims in
cdentay alluded to in the appropriation
Mr. BELL There has not II the senator will allow
me, will state upon what grounds 1.-The remainder oil
this sentence, and several Immediately following, were
entirely lost consequence OF loud talking by strangers
at the reporters ebow.1 1t will be observed that the
amount is not the amount reported by the Comptroller
but less than that 8 remaining IN the treasury al
ready applicable to that purpose and as to the claim OF
the North Carolina Indians al the last session OF Congress
we applied TO the officers of the treasury by letter. 10
know whether there was any Inconvenience and re-
ceived the following reply: -. ,
IA letter from the Treasury Department relative to the
subject was read . - =,
not see any difficulty in making appropriations OF the
whole amount; but ask, where Is the necessity OF APP
propriang this amounts when II appears IRON he 9hcers
themselves that there amount to be deducted from
this in order 10 make the complaints rue and correct!
That not deducted thus far the amount Is IN
correct which IS proposed to be appropriated aside from
But, sir, on this subject involved in the treaty OF
1916, the Commissioner of Indian Affairs, at The last
report transmitted to by the President Tor the
guidance of Congress this matter The matter was
taken into Sy Inc ri coe hav"s
tory conclusion This result is contained in executive
document No. 65 OF the House of Representatives.
Mr. A. read the document
WE'LL sir the Cherokees or some of their agents pro-
fessed to be dissatisfied with this report joint resou
ton having the effect of law if it should pass, was in
toduced here late in The last session. and it is another
evidence OF the facility with which these things pass
through Congress thai though was introduced late in
the last session, yet time enough found to pass
it through the other branch OF the national legis
ature and il became law. What was that reso-
unon' 1t required that the Comptroller and the
Second Auditor should 90 into examination OF
those various claims OF the Indians under the treaty of
1916; and senators who attended to the discussion
of the subject cannot but recoect that the reason
then assigned for the passage of those resolutions
that involved many accounts-that the subject IN
volved many matters OF detail, SO many vouchers
that il was impossible for any committee to go
through the whole of them and il stated that the
decision and the settlement of those amounts belong
ed TO the executive officers rather than. to Con
gress, but Congress were to settle the principles at
ter the amounts had been settled 1t was also stated.
sir that there great in the sums reported by
the Commissioner OF Indian Affairs. 1t the main
argument in favor of referring this matter to the Au tor
and the Comptroller, that there errors in the sums
as stated by the Commissioner OF Indian Affairs; and
vesgaon of all those vouchers and settle definitely the
different amounts which ought to be allowed for those
different claimants.
Well sir. in consequence OF those suggestions, this
joint resolution became law What next. sir! think
my duty to trace the progress of the affair far
recollect it. Why, at this session resolution was
offered in the Senate-not joint resoluton-requr-
ing the Comptroller and Auditor to report upon the
claims OF the Cherokee nation, taking the sums re-
ported ny the Con missioner OF Indian Affairs. This
showed Oft the whole matter OF investigation The joint
resolution referring this matter to the Comptroller and
to examine the accounts to settle the amounts and ex
anime the vouchers Congress could not do II. No
mee OF Congress could do it, But, sir, the resolution
passed by the Senate alone gave another aspect the
Comptroller
tor TO report the Senate the result OF their investigation
not OF the amounts, but the result-the amounts of the
Commissioner of Indian Afairs-aking the as
stated by hun, in which it was alleged not longer ago
than the last session. that there were great errors.
My objection to taking this report OF the Comptroller
and Auditor the basis of action is, that the Senate
had no night TO alter law of Congress they stepped
ASIDE from the sphere Of their authority when they an.
matter. This duty, if it devoved upon the Comptroller
and Auditor at all was made to do by joint resolu
ton of both houses of Congress- and the Senate alone, by
resolution OF their own, could not alter the whole
!exlon OF this matter and order them to report their
results taking the sums OF the Commlssoner OF In,
dian Affairs What was the report OF the Comptroller
and Auditor which we required 1t is mere state
ment OF figures Are they to settle principles for us
ton was passed. The joint resolution was, that we
were to settle principles, but the executive officers
TO settle amounts. Give us the amounts, and will set
tie the principles. Here is report not making any ex
animation of amounts, but taking the amounts of the
Comm issoner of Indian Affars-not giving any reason
Tor any one decision Of any principle and this we are
asked to be bound by 1t s mere statement OF figures
There is no argumentno reasoning there not single
reason given why they have deducted this or that or
their opinion upon any article of the treaty OF 1916
any other treaty. Are to take this for rule OF
action? 1t seems to me not, sir.
The report OF the Commissioner of Indian Affairs, to
which | have alluded, is elaborate and able effort.
Ii the for the conclusions to which he has
arrived He may have been mistaken but, sir il is not
Tor report like this, giving reasons-givng argu-
ments, mere statement OF hgures Is not for report
like this TO be taken by law, when the report made
by our officer having superintendent OF this very sub
Ject of this whole matter, going into elaborate discus
sion OF the for his decision, be set aside
once And ask again, sir, why should the resolution
OF the Senate alone change the object and intention of
Joint resolution of both branches OF Congress- which has
of course, the effect of law
Well, sir, regard to portion of this amend
nent, the report of the Comptroller and the Auditor is
silent alt ogeher. 1t keeps out of view altogether In
fact, informed that il was their decision that they
had no right TO consider any of the claims considered
by the old settlers OF the Cherokee nation, and they
sdered the claims OF the Ross party of the Cherokee
tiers. But, sir the Senate will perceive how important
is that we should not blndly adopt their figures without
any reason, when they TO perceive that the very
grounds upon which they report in favor of the Ross
party, involved also addition to the amount of two
hundred thousand dollars to the old party The amendment
OF the senator from Tennessee Mr BELL.) to pro
coed upon this principles if understand his amendment
II is to allow $3.50 1893 40 TO the Cherokee nation. Thai
sum is to be allowed for what the Commissioner of Indian
900 IN this item to the amount allowed full inves
tgation by the Commissioner of Indian Affairs, without
any reason gwen, without any aryument-a state
ment OF l3ures, and that made by resolution OF the
senate alone, contravening and altering, fact resou
lion winch passed both houses of Congress and became