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

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session. in the general in which il given Il
ihat committee involved such an extent and latitude o
INQUIRY that we found would be impossible, during the
remainder OF the session, and indeed during the entire
session, had II been presented to them 10 have inves
gated those accounts, particularly if they had had
any other business consigned to them whatever The
committee, therefore, to the conclusion that there
would be greater safety, only the treasury of the
United States but TO the Indians themselves, il those
accounts should be referred to the regular accounting
officers of the Treasury Department, who had judicial
functions and faculties conferred upon them by Congress
IN the adjudication OF those claims, because it re-
CURED large amount of time to investigate the details of
the thousand separate which had arisen and
been paid, They according reported to the Senate
resolution for the purpose of carrying that conclusion into
effect and the Senate ordered that the Second Auditor
and Second Comptroller should audit these pre-
scented in the report Of the Committee Indian Affairs,
and which were objected TO and protested against by the
delegates of the Cherokee nation who were interested in
it, Well sir, under that report and resolution of the
Senate, the Second Auditor and Treasurer found them
selves unable to make report promptly, and II was
considered at the tme by the Senate that they should
have the vacation between the last session of Con
gress and the present. in which to make their inves-
tigation of the report They had not finished their
investigation into the particular details of the items and
the expenditure under the various heads in which they
were classed, at the of the present
sion OF Congress- and in obedience to the request and
earnest solicitation OF the parties concerned the subject
being referred to them again the present session. the
Committee on Indian Affairs reported 10 the Senate
oullon calling upon these officers to make their report
upon the basis OF the calculations reported at former
session by the Commissioner OF Indian Affairs taking
the calculations OF the various items of expense
stated in his report, although believed by the parties
concerned not to be so favorable as they wished; but
rather than have the matter postponed TO another session.
they agreed TO forego for the present, obtaining
than certain amount. The Auditor and the Treasurer
have, under this last resolution OF the Senate, reported
what their Judgment is due to these respectable par
ties of the Cherokee nation, taking the basis of their
calculations the amounts reported by the Commissioners
OF Indian Affairs under the various heads OF eXpend:
ture under the treaty OF 1885 The proposition which
is submitted by me, under the direction of the Com
be due these different parties of the Cherokee nation
that is 10 say the of $5S0,0OJ to the old settler
party, and 6s3,OoO to the eastern Cherokees who mi
grated under the treaty of 1885 making the whole the
sum of 81 .23l 900.
Now, Mr.. President, these appropriations which
proper to be considered and appended to this bill
those of any other items contained in it. They for.
the purpose of carrying Into effect Indian treaty which
stands ratified and unlmpeached and has been a
treaty between the United States and the Cherokee In
dams since the 9th OF August 1916, year and half
ago
do not pretend TO say that there is any fault in the
government in not having made these calculations up to
the present time, because am aware OF the difficulties
existing in adjusting this amounts but they have had now
two years and half have had able report of the
Commissioner OF Indian Affairs, and these Indians have
finally, by their delegates, agreed the report of the
Commissioner in regard to the expenditure actually made
under the various heads of expenditure according to the
treaty of 1885, as he believed them to be applicable.
We have had then, the Judgment of the Comptroller
and the Second Auditor, proceeding upon this basis
the amount, and differing with the Committee Indian
Affairs as to the Interpretation of the treaty and il is
therefore not question SO much OF figures, and OF
amounts, regards the various heads Of expenditure
under the treaty of 1885, it is question of purely le
gal inquiry understand there is not hundred dollars
difference between the Comptroller and Second Auditor
to the amounts expended under The various heads and the
only difference between them arises from the question of
legal consideration OF one article OF the treaty OF 1916
the attention OF the Senate to that treaty. TO
there possibly be any real difference OF opinion here
will state, sir, in the outset, in justice to the Com
missioner of Indian Afairsas understand his report
hat he haab a
of that third article of the treaty of 1916 upon the
construction given careessy by Congress in small APP
preparation made 10 pay claim allowed by of the
rous boards of made under this treaty than
upon his own legal judgment and opinion With regard
to the Interpretation OF that treaty, have compared the
figures far as can, and the Committee on Indian Al
fairs have given their attention seriously to the whole
question, and find but about hundred dollars diff
ference in the result except in regard 10 that purely e
gal questionable question of Interpretation. shall by
referring 10 that article and by remarks explanatory
Of the ground of difference between these officers, submit
il to the Senate, whether.it is question which ought to
give rise a serious debate, particularly when you
review the report of the Commissioner of Indian Affairs,
and find it not much his Individual judgment, it
construction supposed to be given by an act of
Congress passed Careessly without looking into these
affairs at all.
ought rather to say as preliminary remark, that this
treaty OF 1916 was intended on the part OF the govern
ment of the United States and by the delegates under
these very fractions Cherokee Indians To close up the
wound. A collision had existed between these parties
from the time of making the treaty of 1884 up to 1876
Il
arose, which had sometimes given occasion, believe,
for boodshed, and the treaty of 1916 made for the
purpose OF closing these breaches which had long
sed not only giving trouble TO themselves but being the
occas of great annoyance to the governments for be-
leve it happened that from other distinct portions of
that tribe we have seen three sets of delegates sent to
Washington, knocking at the doors of your executive
departments and appealing to Congress at every session.
for some redress OF grievances complained OF by one
party against the other, and for justice to all of them.
The treaty of 1916 mainly entered into with view
to give satisfaction to what called the party of the
old setterssome three thousand OF the Cherokee tribe
who removed west of the Mississippi river under the
various treaties of 1917, Sl9 1923, and 1S33-to whom
had been assigned, by this treaty, some seven mil
lions of acres of the Mississippi, leaving about eight
millions of the territory formerly belonging to the whole
tribe east of the Mississippi.
In 1885. the government entered into treaty with the
Indians remaining east OF the Mississippi, by which
they bought the whole interest of the Cherokee nation
they understood it, all their lands lying of the Mis-
slsspp, amounting to about eight millions of acresand
them with the privilege OF migrating to the west aud
minglng and reunling with their countrymen and
endsthe old settlers-and taking possession of and
which had been assigned to the old settlers but making
no stipulation by which those old settlers should have
any remuneration for their interest, which they contend
ed they held in the eight millions of lying west
of the Mississippi. They contended from the year
1885 to 1916, that they sold TO the Cberokees residing
west Of the Mississippi the whole interest these lands
for their own benefit and without granting any rernmnera,
ton They complained, further they were not allowed
any indemnity any compensation Tor their Janus eas
| OF the Mississippi. The United States had gwen tLe
privilege to the Eastern Cherokees to go and share the
seven millions OF acres belonging to the old settlers
which they coniended they had Obtained by PRIOR ces
son and mad right to hold by the various treaties ex
ecued aud entered into prior to $3.50 IL was TO estab
sh these old settlers chiefly and TO close up the disputed
and debaabe points, that this treaty OF 1916 was entered