The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-09-07

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Ibe question being taken upon the motion TO recon
slider II was agreed TO.
The question recurring upon the engrossment OF the
Mr.. WALKER inquired by what committee the bill
was reported
The PRESIDENT stated that it was by the Committee
on the Judiciary
MIR. WALKER should be glad TO learn from the
Committee the Judiciary what amount, il any, has
heretofore been paid to this claimant, and in how many
instruments. have heard, though have moi had the
evidence OF the fact submitted to me- that there has al
ready been paid consider able amount in perhaps two
different nstalments, to this claimant Those who
furnished me with this information seemed 10 be Of the
opinion tnat the claimant had already received Than
in justice he was entitled TO receive | wish only 10
know the facts, and that the Senate should know the
facts, and that we might not allow unjust claim
/ Mr. BRIGHT do not feel at liberty TO say anthing
more than to make brief statement | was under the
same impression with the senator from Wisconsin when
objected TO the bill and believe that my objection
defeated il at the lime. find that was misak en-
find that although he had been paid at two different
umes portion OF his claim, there is amount yet due
him That amount We do not propose 10 determine by
the terms OF this BILL We refer the question to the Sec
retary OF the Treasury with the proof now le CIV
ing him the power to pay the further balance due the
claimant II the question is to tme shall be
Obliged TO move to lay It upon the table, as promised to
i Mr. WALKER | will not take up the time
Mr. DOWNS. can explain ina few words. This
was before the Judiciary Committee It was very un
fortunate case The property OF this individual In
erfeed with by the government Of the United States
Congress has before passed esoluonN authorizing the
adjustment and settlement OF the amount by the Secreta
ry oil the Treasury. certain amount adjusted and
paid. But the claimant contends that other claims, of
which he had not the evidence that time, but of which
he has the evidence, and equally as Just as the
other ought be allowed; and il the case should be
opened again, they would be allowed The Secretary of
the Treasury says that having made his report he
not reopen the unless Congress authorizes ii. What
he asks s not that dollar be Appropriated to him. but
that the Secretary of the Treasury be authorized again
to open the and If in his spnon the amount is just
that further allowance should be made. We examined
the very thoroughly; and we clearly OF the
opinion that il the Secretary should be allowed TO re-
open the case, something more would be allowed him.
All that we want ls that he should be allowed 10 deter
/ mine what is due him. | thought" before the case
clear. that did not say word upon the subject
did not suppose there would be doubt about the mat
Mr. WALKER. | think the bill is worse than if il
appropriated specific sum. ! do not approve OF this
mode OF appropriatng by referring claims to the
ury, OF the amount OF which the Senate can get in
formation, in this in which have been paid
al different times, but TO what extent we know not The
claimants bring IN certain accounts, and there is no
under this system OF proceeding, how often we
should have to meet the clam Suggestions may be
made that II the claimant had been little more persever
ing and grasplng, he could have obtained a little more
money, and then claim ls brought in look upon
this mot odous system OF satisfying claims. un-
destand that this claimant has already received more
money for the interference with his mills and pine lands
have IL from persons whom know, but whose names
am not permitted to menilon-tnan he was ever dream
ed oil being worth when he went upon the lands. II the
committee should determine what amount is due to him,
there would be for paying il but If pass
this b do not believe ii will be the end of it indeed
believe will be an allowance OF what is not and never
Mr., UNDERWOOD asked for the reading of the res
oution
The resolution accordingly read by the Secre.
Mr. UNDERWOOD asked for the reading Of the re-
| port
The report was accordingly read.
| Mr.. DOWNS II will be seen by that Iepor, that we
only refer back to the Secretary OF the Treasury, and
careful the committee that they restrict him within
The question being taken on the engrossment i, was
agreed TO.
THE CHEROKEE INDIANS
On motion by Mr.. SEBASTIAN, the Senate proceeded
to the consideration Of the report OF the COMMITTEES on
Indian Affairs the memorial OF the delegates OF the
Cherokee nation and OF the "Western Cherokees and
the report OF the accounting officers upon the Teaty oil
7he committee in concluding their report presented the
following resolutions:
Rped by Senate Of the Uaited States Gas umpire
der the treaty 1857 That under the the
Cherokee nation entlted the OF $50 Az rs for
subsistence, being the difference between the amount al
paid ana expended by the United States and which
Improperly cnaged 70 the treaty fund.- Ia the report Of
Rssoped Thai is sense OF the Senate interest
rate OF five per cent per annu, should be allowed
upon the found due the 'Easern" and Wesier rn "
Cherokee respectively, from tbs i2n day OF June 1885,
until paid
Mr. SEBASTIAN. The resolutions which have just
been read by the Secretary imbody that form the
OF The Senate upon the questions which have been refer
red to umpire under the treaty OF 1885, made BY
the Cherokee Indians In regard TO the treaty oil 1888,
there were controverted questions that which
were seed between the Executive and the Indians
until the treaty oil 1916, which only partially settled them
leaving open two questions, which was mutually agreed
upon the parties TO leave TO the United States as
umpire am arbiter for their decision II provided,
furthermore that when the decision was made by the
UMPIRE il should be part oil the original treaty oil lS46
! These questions to which have adyened, and which
the resolutions of the committee embrace, questions
OF subsistence and OF interest BY the eighth article OF the
treaty OF 1885, 1T provided that the five millions
which were promised by the United States to be paid to
should be paid and invested in the particular manner
pointed out by that article. That embraced the expenses
OF and subsistence. In consequence, however,
of rstanding OF the Cbeokees TO the con-
sruction of supplementary article adopted in May,
1885, and the act OF 1898, granting an additional amount
for the purpose OF fulfilling the treaty spulatons, 1t be-
came matter of controversy whether the charge Tor sub
ss,ence OF the Indians for twelve months after
their emigration TO the West was a legitimate charge
upon the ve.mion fund, according to the stpula
tons OF the treaty OF 1885, or whether h ought to
become entirely exempt by the terms OF the act OF
| 1888 This is the question before the Senate for its
final decision. | do not propose, Mr. President, to
enter into a detailed discussion OF the matter II m
wolves great many facts TO which is unnecessary to
refer unless the discussion which this question may give
rise to should make IT necessary do not, thefeiore,
propose 10 enter into detailed statement OF the
but, order that the Senate may understand The
facts upon which the committee predicate Their conelu-
SONS, will ask that the Secretcry may read that portion
of the report oil the Committee Indian Affairs com
mencng at the fourth page Il will save more detailed
and probably give satisfactory statement OF the case
than should be able to give. That portion OF be report
relates the questions OF subsistence and interest now
before the Senate: