The Arkansas banner., 1850-09-17
Hon. ". K. Sbastian's Report on Cherokee Claims, in Senate of the United States.

H0h. W. N. SeDaSllahS kep0ft on Cher0kee Claims, in Senate of the United States. Mir. SEBASTIAN made the following Report: The Committee on Indian A fairs, to whom was re-
 ferred the memorial of the delegates of the Chero-
 kee nation and of the" Western Cherokees,' ,'' and
 the report of the accounting officers upon the | treaty oi August 6, 1916, respectfully report That in consequence of difficulties arising out oi the proper construction of the treaty of 1895 be- tweei the United States and different parties and factions of the Cherokees, the treaty of le46 | was made, sanctioned by each party of the Chero kees. Its object 10 fix the true construction of the first named treaty in reference 10 certain con. troverted questions, and ascertain and adjust the | rights of each party under 1t This done by the 4th article, so far the western Cherokees or " Old Settlers were concerned, while the basis of a settlement with the eastern Cherokees was the subject of the 3d and 9th articles of that tIeaty- | The statement Of the accounts according to the principles of the treaty of lSi6 between the United | States and the west rn and eastern Cherokees re- speciively, was labor of time and research, in . | voviDg an examination of every item of expendi. ture under the treaty of 1855, through a period extending from the year 1895 to lS46. This duty was, therefore, committed by the joint resolution of Congress of the 7th of August, lS4S 10 the Sec 1 ond Auditor and Second Comptroller of the Trea- sury; not only because they the "proper ac- | UeCduSc Oue Ot those OttlceTS had acted as one Of the commissioners of the Uni ted States in making the treaty of 1916, and was justly supposed t0 be well informed to it's true | object and intent The result of their labors is presented in their report of Dec. 5, lS49, which l the committee adopt and refer 10 part of their 1 report.
 l By the report referred to, there is balance due the Cherokee nation of S627 .603 95. There is a further of S96, ,939 3l charged to the general treaty fund, paid to the various agents of tho gov ernment connected with the removal of the Indians, which they contend is an improper charge upon the sum allowed by the treaty of 1895, the supple mental article of lc36 and the additional appropria. ton of l2th June, lS3S. By the 9th article ol the treaty of i646, it was provided that "the United States agree make fair and jus, settlement of all moneys due the Cherokees, and subject to the per coptd division under the treaty of 29th December, 1856; which said settlement shall exhibit all money properly expended under said treaty, and sha brace all sums paid for improvements, ferries, spoi iiatons, removal and subsistence, and commutatiou therefor, debts and claims upon the Cherokee nation of Indians for the additional quantity of land ceded to said nation. and the several sums provided in the several articles of the treaty 10 be invested the general funds of the nation; and also all sums which may be hereafter properly allowed and paid under the provisions of tho treaty of 1895. The agsre- gate of which said several sums shall bs deducted from the of six millions six hundred and forty seven thousand and sixty-seyen dollars and the balance thus found to be due shal be paid over per capita in equal amounts to all those individuals heads of families. their legal representatives, en- titled to receive the under the treaty of 1885, and the supplement of 1856, being all those Chero- kees residing the date of said treaty and the suppeme nj thereto" This article defines the basis of settlement with the Cherokees {except the " Old Setters,'') and is the authority under which the balance above stated is fonnd to be due It is con tended by the Cherokees that the amount expended by the United States for agents, specified in the report Of the nng officers Is not in tho mean ing of the 9th article Of the treaty of lsl6 pro. perly expended under said treaty." and is an " i'm proper and extravagant" charge upon the general treaty fand. In this belief the committee concur. In the Sd article of the treaty of lS46, which pro- fesses 10 enumerate certain charges, from which both the eastern and western Cherokees were 10 be relieved, the |" sums paid any agent of the govern ment specially named They are placed on the footing of Tenis and reservations" under the treaty of 1885, and expenses of making that treaty, and admitted to be expenditures which should be borne by the United States. They were properly so considered. Though incidental, they were not necessary expenses in the removal, &c.. of the h. dsns They were part ofs very complicated and expensive machinery employed in the emigration of the Indians, more with a view to the hasteniDg of removal and preventing depredatous of the In dans on the way, than to any absolute necessity. They were Reeessavy only !E one respect, and that
 
 gsons under the treaty, and to discharge the high trust which 1t had for It's policy assumed. The amount should be, therefore, reimbursed and added to the general palace of. S627 ,Go3 95 96,999 42 
 and making in the whole. ........... 72t,6O3 37 tho true balance due to the Cherokee nation under the principles slated in the 9,h article of the treaty of lS46
 By that article, it Is further stipulated that the general aggregate fund shall be charged with all sums "which may be hereafter paid under the 1 treaty of 1855" The committee not in pos session of certain Information ss 10 what amount, or whether any claims under that treaty have been paid, since the date of the report made by the counting officers. To cover any such amount which may have been, or may hereafter be made it will be necessary in the bill to sabsct the sppro priaton to that contingency.
 By the 4th and 5th articles of the treaty Of lS46 provision Is made and basis fixed for the settle nient with that part of the Cherokee nation knowE as the '' Old Setiiers," or a Western Cherokees, being those who had emigrated under the treatie' of 1877, 1919. and 1928, and were, at the date o the treaty of 1855, organized and separate natiol ! af Indiat,a Tott ad kaAr