The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-10-04

Mr.. WALKER moved to add the following .

Il Mr.. WALKER moved to add the following:
|" Provided. That in shall any money hereby sp
popriaed be paid TO any of said indians
other person OF Than the Indian the Indians
whom IL IL due."
Mr.. SEBASTIAN Mr.. President, shall make |
brief explanation OF the amendment have proposed
Those claims arising under the treaty of 1885, and thu
manner in which the rights of the Cherokees were ad
Jused under that treaty about the years and is4
came The subject OF controversy betweea that nation
the United States The Indians prosecuted their claims
before the government until the year 1885, when the diff
culties and embarrassnents arising out OF the
ton O. the treaty q 1898 were finally settled by the
planaory treaty OF S46 The delay in making the appro
priahon since that time has arisen entirely in conse
OF the want OF statement by the proper officers
OF the treasury of the according he princi
pies OF the treaty OF 1916 This is the first session o
Congress al which we have been able TO procure thai
statements and according TO that statement. made in
cordance with the joint resolution OF Congress- have
presented the several amounts The shape the amend
ment which now offer. &
occasions heretoore but in consequence Of the com-
pete character of the reports from the Indian Office. and
from the fact that that office did possess daa upon
which TO make final report upon these controyerted
questions which existed between the United States and
the Cherokees Congress- by joint resolution, and for
the purpose OF settling the matter by conclusive report
referred the whole complicated question OF accounts
running through series OF disbursements OF six or
millions OF dollars and through period OF twelve
years-to the accounting officer Of the treasury. This
reference understood to be acquesced in by the
Cherokees laborious research was Instituted into The
files of the Office, which continued for about twelve
MONTHS under the superintendent Of one of the com
missoners who negotiated the treaty Of ls4s. This re-
search has resulted in the report upon which this appro
priaton is now asked These officers report amount
Of $634 900 in favor OF the eastern or national Chero
KEGS
ia addition to this the Committee on Indian Affairs
have reported an allowance of $96,0O0 which they
tend was improperly charged to the Cherokee fund, and
which, by the third article of the explanatory treaty OF
$40 was to be reimbursed to the Cherokees. This item
Of ss6 900 had been improperly expended by the govern
he okapa of
engaged in the removal of the Indians By the third
article OF the treaty Of 1896 this item, which had been
bufsed to The C6erokees This amount was ascer.aned
by the Auditor OF the Treasury under the joint resolution
OF Congress, and reported TO the Committee on Indian
to be reimbursed to the Cherokees This sir makes up
the aggregate included in the first part of the amendment
will defer the explanation respecting the other items
braced in the amendment until this one is considered
Several SENATORS Let us have il now.
Mr. SEBASTIAN. Ii il desired by some senator's
presented BY tue different items embraced in the bill The
next item the appropriation OF $lS9 OO0 which
was allowed upon the fifth of this month by amendment
OF the Senate, which constituted umpire in the th
article Of The treaty Of 1885, much for expenses OF
subssng the Cherokees for twelve months alter their
arrival in the West Il acontroverted question up
the time oil the treaty OF 1876, and which the CON-
missoners found themselves unable TO settle Then,
make final disposition of the matter il referred TO
the Senate oil the Usiied States umpire, and.upon the
fifth oil this month, by resolution OF the Senate. dis
charged the duty imposed upon by mutual agreement
between the United States and the Cherokees, and de-
clded that Slsg0 900 had been improperly charged 10 the
Cherokees. This, you will observe, is no longer a
conroverted question. II has been settled by the Senate
umpire accordance with the mutual agreement OF
the parties, and by the terms of the treaty 1916 Hay
ing been awarded by the Senate il becomes part OF the
orignal treaty itself SO far, then, this item is
cerned may be considered as having been incorporated
the treaty of lSa6 and should be regarded by the
government as being due to the Cherokees, in fulfil
ment OF treaty
The next item is that OF some Eve hundred thousand
nd ha wa aafarn
claim OF the western Cherokees originated in this way
BY the original treaty OF 1885, by which the United States
acquired title 10 the lands OF the Cherokees lying
east OF the Mississippi they 10 be emigrated and
settled upon the lands OF the western Chrokees whom
the country adjacent TO them had been exclusively
cured by the treaties OF 1920 and 1888 The treaty of 1885
made provision all for compensation to the west
Cherokees for the country thus for the use OF
the eastern Cherokees The consequence was, that the
western becoming greatly dissatisfied, prosecu
ted claim against this government for reasonable
isfacon for the country thus taken FROM them. The
treaty OF 1s4e settled the principles upon which they
should receive the compensation; and the accounts hav-
ing been audited upon the principles stated in that treaty.
there is found TO be balance due the western Chero
KEGS stated by the Committee on Indian Affairs or
think, S532 900. will say further, in explanation OF
this point, that the basis settlement with the eastern
Cherokees contained in the ninth article OF the treaty
OF 1916, and the basis OF settlement with the western
Cherokees fixed in the fourth article Of the same
treaty. The compensation which was due them was
fixed upon the assumed ground that they constituted
third OF the entire Cherokee nation. Having
tanned how much due from the government 10 the
eastern Cherokees, amount equal TO one-hird oil that
sum to be awarded TO the western Cherokees as
compensation Tor the country which they had surrender
ed for the occupation OF the Cherokees Previous
10 the treaty OF 1885 the and Cberok
constituted separate nations Now, this claim from
the fact that the country secured 10 them exclusively had
been by Treaty 20 which they not parties. and TO
which they had not given their assent taken for the Joint
occupancy OF themselves and the eastern Cherokees
This claim settled upon the basis fixed by the fourth
article OF the treaty OF S46 by which, after deducting all
expenditures egtimatey chargeable upon them for spo
liaons, they were to have amount equal to third
OF the resduum which might be found after taking the
balance in this way That residuum was ascenained by
communication IRON the Land Office 10 be S539 600
S532 900, and that is the submitted in the amend
ment.
This MIR President, constitutes very brief explana-
ton OF the points which in this case and beg
lsive 10 say that Notwithstanding these questions have
been heretofore controverted. have arrived al
point at which have obtained at least certain official
data upon which TO make these appropriations, and get
rid OF these difficult and embarrassing questions by hay
ing referred them TO the officers who constituted by
We have also additional security for the fidelity with
which these officers have discharged the difficult and
barrassng task imposed upon them, in the facl that one
of these officers, who had the adjudication oil these
claims, was one OF the commissioners appointed by the
government TO make the treaty OF 1916, and who may
therefore be supposed TO be familiar with the principles
objects. and designs oil that treaty. do not intend to
say ha the report OF the accounting officers has attained
absolute accuracy and certainty Ii can be at best but an
approximation to what s really and Justly due the Cher
okees, but Il Is ina IN its character II report which
was asked for by the Indians themselves for the purpose
of obtaining satisfaction and therefore il will be final
and conclusive upon the parties themselves Under all