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


selves 10 undertake in this hasy to decide upon
this question hope that the Senate will not appropr
ate any further amount than that which IS found 10
be due by the Commissioner of Indian Affairs, but tha
they will let the whole subject be referred TO hun Tor
final report that will be satisfactory to Congress :,
Mr. BELL have no disposition 10 take up ,h 'e S Sne
OF the Senate but wish 10 call the attention OF ihe pen
ate to certain points do not think however that mere
is shadow of difficulty upon the subject excepting ihe
difficulty of calling the attention OF senator's 10 IT.
differ altogether the opinion OF the honorable sena
upon the point that there is real difhcuy as 10 the
Interpretation of the treaty. On the contrary 1t IS my
opinion that no difficulty could arise after the conscera
ton of the articles of the treaty the minds OF any that
will give their attention TO them.
There are one or remarks however, of the senator
from New Hampshire Mr.. ATHERroN not exactly upon
that point, which wish to notice. He maintains and
argues strenuousy that there has been change in
the resolution since the last session, the Senate ought
not without very particular and consideration, un
dertake TO sanction this report of the Auditor and Comp
roler because under the resolution OF this BODY there
has BEEN he says, of the very purpose OF
the original Joint resolution He audes to the short
debate which upon the adoption of that resolution
al the last session. upon referring the matter to the AUDI
tor and Comptroller. SO lar the senator went IN
stating that Argument he stated it truly. Among other
things alleged that in the report of the Commissioner
Of Indian Allairswhich was very elaborate one, and
which could only have been made after an examination
OF ten thousand different accounts and many thousand
different lems-tha account being thus protested against
as inaccurate and erroneous charging much under
various heads-it stated that the Committee on
Indian Affairs could not undertake TO investigate all
these items and they therefore proposed that this duty
But the gentleman omitted to state ano her part OF the
argument-iha the Commissioner of Indian Affairs in his
Interpretation OF the treaty OF 1885, had made very gross
and very surprising ones too, IN the Judgment of
the committee, and that this the OF various
in the accounts Upon that ground they desired
that it might be referred and upon the further ground OF
having the judgment of the Auditor and Comptroller upon
the legal Interpretation of the treaty OF 1916.
Now the honorable senator says the grounds changed ;
missioner of Indian Affairs AS the could best be
made out in the Indian department. and is to the Com
missioner Of Indian Affairs TO whom we particularly look
upon occasions of this description, for the facts he
the proper officer, and ought OF his
hands In the report made the last session. the Indians
protested that he had made various mistakes IN the
amounts of these items, and they wanted them nvest
gated; but Mr. President they come forward prepared
10 say that they will waive all that, they will lose the bene
fit that investigation, and surrender all its advantages
for the sake of getting an Immediate decision of their
claims and they will take the report OF the very officer
whose repor! the gentleman says should be taken.
MIR. ATHERTON. But you will not take that report
Mr. BELL We do take it, in regard to all the items
contained in it. We waive, to these say the Indians
all our objections and we take that report without fur
various accounts allowed under the different heads
we have had objections but waive them all will
not insist upon any further investigation upon that subject
any of the departments.
But what do we get by this report? We get the
judgment of the Comptroller and the Auditor, as
to the proper nterpre tation OF the treaty We take
the report of the Commissioner far regards the
expenditure under the various heads, and do not
Il
gentleman says the Commissioners is the proper officer
Agreed. sr-we submit to il; ask no further in
vestgaton whatever. We agree to waive all OBJ
iections in order to get something appropriated by the
government, and in order that the subject may moi
be further postponed, but that these demands upon the
so lar they just according to the legal
Interpretation of the treaty OF 1916, may be 1t is
narrowed down, ! said before, to the single sub
iect of legal Interpretation hope that our ground is
not question the report We take the body of it,
and the entire. amounts, expended under the var
Gus heads, and allow them to pas. as correct.
ment OF the different officers, in regard 10 the proper
Interpretation of the third article of the treaty OF 1916
The gentleman says there is great difficulty about that
The Auditor and Comptroller have given reasons for
their decision and their difference from the Commission
er OF Indian Affairs. Well has the honorable senator
adverted to the third article of the treaty. and has he
ced how specific, how definite, and how imperative il
depending upon no conditions acknowledging in express
terms that the Indians have been improperly charged with
certain items and that they shall be renbursed' The
Comptroller says that not only is this the plain language,
but that fact he assisted in negotiating that treaty. and
he knows that that is the Interpretation OF il, and that
there cannot be any doubt to the meaning of its words
He has given therefore, some excuse for his difference OF
opinion from the Commissioner of Indian Affairs.
He has followed the report of that Commissioner in the
different heads of expenditure In reference to the
IS granted to the Cherokees and to the $o7o57
whch,was additionally appropriated TO them by the act
of 1888, he has given plausible preext for difference
of opinion. There reasoning required, excepting TO
read the Sd article Of the treaty. and to see what re-
quires The 9th article is equally explicit 1t enume.
ates the various charges which shall be allowed and
the Sd article excludes certain charges being improper
made and which the government spuates by the treaty
of 1916 shall be reimbursed. Now where is the ground
upon which the senator say there for doubt
He has given authority, reasoH preiext for this
opinion, that this subject is involved great doubt and
pepexty The real of labor to the accuracy of
the accounts is waived We do waive the question Of
the Interpretation OF the treaty. The delegates of the In
dian tribe, having been delayed long, thought that,
though the charges too large, they would agree
submit to them, and only take the balance
Now, sir will call the attention Of the Senate briefly
TO these amounts, which taken from the Commission
Of the treaty of 1916, improperly charged and which
1t stipulated 'houd be reimbursed The Commissioner
says they were improperly charged in the treaty OF
1876; but yet Mr.. Meiill makes these charges
Various statistics here introduced indistncty
heard, that it would be useless to insert them
Well if you look at the Sd article of the treaty, you
will find that il is expressly said that these amounts are
improperly charged should like to have The honora-
Bile SENATOR when he speaks of the Comptroller hav-
ing given any reasons state himself for this
difference between himself and the Comptroller Where
is the ground for III Will he point any reason for
this evason' Will he assume that it was mistake,
suggested by the Commissioner OF Indian Affairs That
will not do here, sir. This treaty; whether mprop-
ey and gra,uously entered into not, it is treaty,
and binding upon tina government
The gentleman says the report of the Comptroller and
Second Auditor does not say word upon the claims
of the old settlers. Nor does it because sir when they
have adjusted the claims of the Cherokee nation under
the 9th article of the treaty. the claim ofthe old settlers
is fixed by the treaty. 1t is third part of the bal
ance due to Them specified in the 18th article There
is then, nothing TO be done but the simple process of adj
dition, subtraction and division; and you nave the
amount due TO the old settlers
This balance cannot be diminished, as has been sup