The republic. [volume] (Washington [D.C.]) 1849-1853, 1850-09-06
THIRTY-FIRST CONGRESS.
FIRST SESSION.
THURSDAY, September ;, 1850,
SENAT E.
SAvleATIoS OF THE OHIO RIVER.


made a report and moved that two thousand
ezra copies be printed; which molten was agreed
10.
locKE's cHRosoeRAPH.
Mr.. HULEE. from the Committee on Naval AZ
fairs, made report, recommending the printing OF
Professor Lockes report 70 the Navy department,
upon the subject OF his recently invented Chrome
graph.
tee on Printing
raE ros-.oFricK APPROPRIATION BILL.
MIR, DICKINSON moved to reconsider the vote
by ~hich the oil making appropriations Tor the
Psl-ogtlce anG mail service had been ordered 70 be
rUsssi Tor tlTd reading. tie stated that the OBJ
nj Ci lhs motion as reach the pruyi.o, which
had been inserted IN the bill yesterday, on the mo-
lya OF me Senator from Florida. That Senator
lssI agreed upvn substitute for the proyiso, which
~vt.!G * acccpfsb.e 10 all parties.
Ink motion 10 reconsider MAS agreed 10.
Mr.. \ | lEE then moved to reconsider Inc vote
by y nioh the ioilowing proviso was added to the
Appropriation Tor the Hayre service
srurtarG, That the terms Of the contract OF I'd
February, 80, shall u fully conformed to-
crgi - TAR A. the same WAS modified by the Post
master General, made on the 18th Oi March, ls4i,
ANA Ism oi March, 1919.
AaG INC motion Was agreed 10 and then the
, ycJsis1 vas rejected.
Nj YULEL moved, and the following was in
serted IA piac, Of the prUviso just rejected
Ir0rinra, That the steamships 10 Havrc shall be
cvlstI t ted according 70 the requirements of the
OF 81 March loI5. providing for the transporta
foreign countries and shall perform with the speed
required in the contract of the I'd February, lS47
and that the TWO steamships to Bremen shall from
and after the lst OF june 1882 comply In all respects
with the requirements OF said act Of lSi5 and shall
perform mail service with the speed required by
the contract aforesaid.
The bill was then read a third time and passed
MISSISSIPPI ASD ALABAMA RAILROAD.
MIR. KING, pursuant TO notice, introduced bill
granting the right OF way and donation Of public
land TO the State of Alabama, to aid in the
struction of the Tennessee, Mississippi, and Ala
bama railroad.
PASSAGE ESGRossED BILLS.
The bill making compensation to Walter Cotton,
and the bill 10 provide for a tri monthly mail from
New Orleans or the mouth OF the Mississippi river
To Vera Cruz and TampiCo, Mexico, in steamers,
Yesterday ordered TO be engrossed for third read
ing, were seyerally taken up, read third time,
aud passed
LIEUTENANT BROWNING.
Mr. EWING moved, and the Senate proceeded
10 the consideration of the bill for the relief of
Lieutenant Browning; and the same was read a
third time and passed.
CHARLES F. sIBBALD.
Mr. BRIGHT moved, and the Senate proceeded
TO the consideration Of the joint resolution for the
relief of Charles F. Sibbald-alowing the Secre-
tary of the Treasury to re-exarnine the claim of
MIR. Sibbad
The question pending was on a motion to re-
consider the vote by which the Senate, former
OCCASION had refused to order the joint resolution
to a third reading
The motion 10 reconsider was agreed to, and the
question recurring ordering the joint resolution
10 a third reading it was after debate, decided in
the affirmative.
ARBITRATION UNDER A TREATY WITH THE CHEROKEE
GSpIANs.
MIR. SEBASTIAN moved, and the Senate pro-
ceedcd TO the consideration of the report made by
the Committee on Indian Affairs and the rcsolu-
tions with which that report concludes.
Mr.. :. explained the subJec now before the Sen
ate. From the report Of the committee We con
dense the following statement. In consequence OF
the difficulties arising out Of the proper Construc
ton of the treaty Of 1885 between the United States
and the different parties and factions Of the Chero-
KEGS, the new treaty Of 1876 was made, sanctioned
by each party of the Cherokees. lts object 10
fix the true construction Of the first named treaty
in reference 10 certain controyertcd questions, and
ascertain ana adjust the rights Of each party UNI
der il.
BY the report OF the proper accounting officers Of
the Treasury, made the Sd day Of December, 1919
there appears To be balance due the Cherokee ma
ton Of ) b2l bO3 %. There Is a further sum o
S96, 999 81 charged to the general treaty fund
paid 10 the various gents Of the Government con-
nected with the removal Of the Indians, which they
contend j. improper charge upon the sum
allowed by the treaty Of 1885, the supplemental
ticlc Of 1886, and tho additional appropriation Of
18th June, ls3-
by the treaty Of 1896 various questions arising
under the treaty Of 1885, and the supplemental
tcIc, and upon which no agreement could be had,
were referred to the Senate Of the United States
umpire, and il agreed that the decision Of the
Senate should be final, and become part Of the
treaty Of 1916
The committee investigate in great detail the va
Tious items Of the accounts between the Cherokecs
nnd the United States and they arrive Al the con
Cluson that, upon the claim for subsistence, there
is balance due and yet unpaid, 70 the Indians Of
Sls9,I22 10.
The report Of the committee thus concludes:
"By the treaty Of August, 1916 it was referred 10
the Senate TO decide and that decision 10 be final
whether the ChcrOkccs shall receive interest on the
sums found due them from a misapphcaton Of their
funds ~ purposes with which they we're not charge
able, and on account Of which improper charges
their money has been withheld from them. II has
been the uniform practice Of this Government TO
pay and demand interest la all transactions with
foreign governments, which the Indian tribes have
always been said 10 be, both by tho Supreme Codrt
and all other branches u our Government, in all
matters 81 treaty " contract The Indians relying
on the prompt payment Of their dues, under the
treaty, IN many cases contracted debtF uusn the
faith Of il; upon which they have paid Or are liable
10 pay interest. IT. therefore, they do not uOw re-
ceiyc interest on their money ~ long withheld
from them, they will, IN eject, have received no
thing. Your committee, therefore, think that in
tcrcst should be allow cd'at the rate Of fee PR cent
Ter aantua, from the date Of rcrno,s al antil -
Tho committee therefore offer the following re-
solutions, VIZ.
"Rosoired 6y he Senate II The Inited States, (as
umpire under the treaty Of 1860 That under the
circumstances. the Cherokee nation are entitled %
the sum Of > $50 422 70 for subsistence being the
difference between the amount flowed by the &C
Of June ., 1885 and the amount actually paid and
expended by the United States, and which excess
was improperly charged 70 the treaty fund. in the
report Of the accounting officers Of the treasury.
"Resoiued, That Il is the Of the Senate that
interest, az the rate Of five per cent per annum,
should be allowed upon the sums found due the
eastern and 'wcstern' CberOkccs respectively,
from the 18th day Of June, ls35, until paid"
Mr.. RJSK moved 10 amend by an additional
resolution, 90 follow the fret resolution reported by
the committee. The resolution proposed to allow
the Indians the sum Of Sl72OOJ upon another ac-
count
After considerable debate upon the point whether
The subject embraced in the amendment could
properly be acted upon by the Senate under the
present proceeding, Mr.. RusK Withdrew his rcso.
luton.
Mr.. HUNTER moved to amend the fret resolu-
ton reported by the committee, by striking out the
wOrds 1.-THE Cherokee nation entitled 20 the
sum-" and insert in lieu thereof ito satisfy ali
demands, and settle all disputes, under the treaties
with said nations, the said Cherokee nation shall be
raid the cum Of "
After further debate, this amendment was re-
jcctcd.
The resolutions az reported by the committee
were then agreed 10.
WILLIAM HARDIN.
Mr. RUsK moved, and the Senate proceeded to