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


allowed for the country they surrendered by the treaty
Of 1885. but 5,00oooo being given simply ior rsmu
neration and compensation Tor The land, ms was
the origin of the supplementary article OF the 23d OF
May. 1886. In The time, however, before povis-
ions had been made for the subject OF spoaton, the
iodahs had raised another question as to the removals
Anu his was IN consequences OF difference between the
terms oil the treaty actually entered inlo and the assu-
RANGES sen TO them by General Jackson and oommunlcA
led to them IN talk" in the council OF the nation.
They therefore raised that question: neither the
amount o Tue spoptons thai they had against the citl
gems OF he United S'as before the ratification OF the
treaty, nor ihe expenses OF the removal, TO be en-
braced IN these S5 oOo0o0 allowed the price of their
lands To quiet this whole difficulty, the Senate OF the
United States agreed 10 allow, by supplementary article
the additional OF 5000 900 for these claims for spoia
tons. and 100000 for the expenses OF removal This
vas 10 embrace all the expenses OF removal and the
cally provided for b. the treaty Of 1885. 1t to em-
also compensation tor reservations and empons
provided for by the Senate BY an article OF the treaty Of
1885, which stricken out, upon the ratification Of the
treaty, by the Senate Them IN 1885, they gave an ad-
dional appropriation OF 81 ,047,o0O.
AS have said, Mr. President, there no question
al all but that the 10Th article OF the treaty Of 1885
qued that the whole expense OF removal and subsistence
charge upon the $5.OOoo0o fund, because II was
positively stipulated But the act OF 1888 made an ap
preparation based upon estimates communicated from the
Secretary of War. intended to exempt the fund
from the expenses Of removal and subsistence And this
not done because il supposed to have been en-
baced by the provisions OF the treayof 1885, but because
IL was new arrangement made bet Ween John Ross, .
delegate from the Cherokee nation and Mr.. Ponsett.
then Secretary Of War; under the peculiar circumstances
of the This act OF 1888 made responsive to
propositions made the Cherokee delegate then in this
city. The history OF this will show that il was a
transaction independent of the treaty OF 1885, and not
many have supposed it to be, was regarded by the
executive department. mere enlargement oil the consid
eations paid 10 the Indians for the surrender OF their
country. Ii was not, as Judge White supposed, mere
gratuty TO be given to the Indians but it was new and
independent agreement not sanctioned 6y the forms ana
ed the me that could not be done IN consequence OF
the that Georgia North Carolina, and Tennessee
had in approving the spulaons OF the treaty OF 1885 Tor
the entire removal OF the whole nation within their bor
ders We recollect that the final ratification OF the
treaty took place upon the 23d OF May, 1885 BY It's pro-
visions the Indians to emgrate within two years
This time had elapsed and still great majority OF the
nation stood out and refused to emgraie, upon the
ground that the treaty was not obligatory upon them.
having been made with about twentieth OF the nation.
This arrangement never concurrcd IN ny one
twentieth of the nation large majority OF the nation
refused to be paid upon those The United States
had collected large number of troops for the purpose of
enforcing treaty which the whole OF the nation had
never sanctioned.
Under those circumstances so great the reluctance
Of the United States to enforce such treaty, that Mr.
Forsyth then Secretary of War, entered into new sp-
uaton with the Indians by which was agreed that ne
expenses OF their removal should not be charged upon the
five millions That is the document which has been re-
ferred 10 in the report The agreement to remove
emigration west In communication from Mr. Forsyth to
General jackson, he places upon the ground that WAS
agreed Washington to pay the while there
were stipuaons relation to the expenses OF sub
sistence was therefore, by virtue OF this new arrange
men made between the Cherokee delegation and the gov
ernment OF United States through their Secretary OF
War, Mr. Forsyth, that the expenses OF su6ssun9 tho
Indians for twelve months after their arrival IN the West
WAS agreed be paid from the treasury OF the United
sny q q s ssns wss an this e
that the committee felt authorized to recommend that
this expenditure should be charged upon the treasury OF
Having determined then that the amount Of 5000 .00o
the actual amount expended for the Subsistence OF the In
dans, just charge upon the treasury OF the Unted
Stat Tho v.
cations been discharged We find by reference to CON-
inuncaon by the Secretary of War, in 1888, to Con-
of SOL 900 to be appropriated for the subsistence Of these
Indians That done. II was therefore, to tnat az
tent, discharge OF the obligation OF The government to
subsist them IL very true, as the senator from iexas
has sad that the whole of this amount actually az.
haused in the expenses OF the removal while by the
treaty of 1896 the Cherokees had agreed IN thsr see,
ment with the United Sates that the hvemillion fund
should be charged with the expenses OF their removal
This amount appropriated for subsistence was absolutely
absorbed in the removal but STILL nasmuch as the whole
treaty fund bear the expense Of the removal this
So 900 TO their relief as diminished the ex-
penses of the removal which were chargeabe upon ne
treaty fund; and il therefore may be regarded as dschaE
ing pro fanfo the obligation of the government OF the
United States subsst The Indians for twelve MONTHS
Another item Of the amount which makes up this
1920 is the very item OF $4,000, which the senator
IRON Texas embraces in this resolution After the emil
grafton west sio the Cherokees reduced TO great
desulion in which condition they peiitoned the gov
ernment to furnish them with rstcns. the amount OF
which they agreed should be deducted from the treaty
money still due them under the treaty OF 1888.
Mr. A TCHlSON / wish to ask the honorable sona.
tor from Arkansas il it not done at the request OF
the government.
MI: SEBAS rIAN II was stated in the report OF the
Committee on Indian Affairs, made in is4s that the sPPro-
priaon OF Sl70 900 for five months subsistence OF nni
gent Indians lsi0 by the request oil the nauonAl
council of the tribe, charged to the fund coming IRON he
treaty OF 1895. This not certainly technically an
item under the stipulation for subsistence for ~ months,
after their arrival West That was an individual claim
which each Indian OF the tribe had severally upon tho
government OF the United States This $4,000 was
moi appropriated per capita allowance II was ap-
proprated and charged the general fund oy the au
thory OF the national council, and II - on that grouhd
that the charge Of this OF 81 900 charged
upon the gross amount OF the FIVE millions at the final set
ement between them and the United States II was not
technically per capita allowance. But, under the cir'
cumsances o the case it to be Just and leEt,
the treaty OF 1885, and such il charged in the SET
ement reported by the First Auditor OF the Treasury m
1S4e. :.
Now SIR the only question arising in that case ~
whether the national council far represented the mar
ydnal claims of the naen OF the persons composing
the nation 10 their per capita Distribution OF money ~
To make this payment sufficient and legal diecnakc Oh
the obligation OF the United States TO pay 'ne money
Was this 81 76 900 paid in consideration OF aho IN Pur
suance of the terms of the treaty Wasn 9ood Per
1on,,o datrbution Was it legitimate to distribute that
amount Of money in the shape OF provisions Tor the
needy members OF the tribe IN payment 10 lar OF the ob
caon of The government That question alone remains
to be considered We believed thatt was good pay
ment a payment OF money by the United States under
he terms OF the treaty of 1885 As such reported It,
The senator from Missouri was right, sir, in his view
of the case that this amount ought to go in II We de
eide this question OF subsistence favor of the Chero
kees the amount expended for subsistence after tne