The southern press. [volume] (Washington [D.C.]) 1850-1852, 1850-09-21

~.
pub lie condemnation.
In deciding this Barron ease. Messrs. Ewing
and Johnson, without justice, law, or reason over
turned the uniform current of decisions of all theI
pred ecessors, and of the Supreme Court Of Vir
gina for nearly twenty years; and for the truii
Of this assertion refer 10 the Virginia Reports il
like cases, and to the decisions aud opinions o
the Secretaries and Attorneys General since 1892
The end of this business is found here: Th'
United States, in 1882, undertook to pay to FIr
ginia 50 ,0O6 AZ, that being the amount Of Com
n,odore Barron's halt-pay for lite, and IN 1850 sh
is compelled by Mr.. Secretary Ewing to pa,
S32, 0l6 IL, for Communication and interest, simp
and compound, sum which neither she yIr
ginia ever agreed to pay IN whole or IN part.
this decision is not rebuked by vote of thi,
House, not less than two to three millions Of til,
public money will go in the same way.
One other point in this connexion, and ! shall
have done with this Barron claim. The inquiry
naturally arises. where did MIR. Ewing get tn,
money to pay this claim II taken, like tn,
Galphin money, from appropriations intended fol
other purposes, and them Congress was asked to
sanction il, by voting through a deficiency bill
No wonder this deficiency for the last year run up
to four or FIVE millions Of dollars. Secretaries alb
sract 900 for one purpose, $50 900 for another
$3.50, 900 for another and Heaven only knows
how n.uch besides. Such lawIess proAIgacy
would bankrupt the Treasury, If there
stream Of liquid gold flowing into it from morn
ing I'LL night.
The only remaining subject of inquiry is EN-
braced in the third resolution, and has references
to large of money paid to Dr. William
M. Gwln, out of the trust-fund belonging to the
Chickasaw tribe Of Indians.
The Chickasaws inhabited the Northern par
of Mississippi, and in the year 1884 coded their
lands to the United States; and without entering
into any minute details Of their several transac
tons, may state simply that the United States
n ma RI of
sion in trust for the benefit Of the Indians. This
fund was to be expended in such manner and for
such purposes as the Indians should direct. In
1887 the Commissioner of Indian Affairs, and az
now appears, without any sufficient authority
from the Indians, despatched Lieutenant Sea-
wright, of the army, to Cincinnati, TO purchase
provisions and provide transports for party OF
emigratng Chickasaws, they having signifed their
disposition to remove West. Seawrght expended
for these purposes about Sl44,00O. The Indians
received benefits to the amount Of $32, 900, or
about that sum, and as the whole expenditure was
without their authority, they refused to be charged
with the remaining $4,000. The officers Of the
Treasury, however, charged the whole sum to the
general Chickasaw account, and the Indians were
notified accordingly.
This is the foundation, briefly stated, Of the
claim about which the committee were charged to
inquire.
II seems that in the year 1874 DR.. Gwin, then
citizen of Mississippi, andnow senator from Cali
fornia, went among the Chickasaws in the West
He entered into contract with these Indians,
and was empowered by portion of them (who
professed to act for the whole) to conduct certain
fiscal operations of theirs with the United States
The written agreement with the Indians ex-
hibited by DIR. Gwin to the accounting officers at
Washington, and he entered upon and discharged
some of the duties devolved upon him the
agent or attorney of the Chickusaws.
misunderstanding sprung up concerning this
agreement 1t bore, among many others, the
name of lsh-ta ho-ta-pa, the King. This chief
wrote to the Secretary OF War that he had never
signed such paper, and that If it bore his name
it was without his authority. DR.. Gwin, on hay
ing his attention called to the subject admitted
that the King did not sign the paper but that an
other person, who represented that he had au-
thority, had signed it for him.
A letter signed w. A., and understood to be
from William Armstrong. late general Indian
agent West, dated Choctaw Agency, 18th Octo-
Der, 1876, and now on file among the official pa
pers, thus speaks ofthis transactions
8. received at Nashville your letter informing
me of DIR. CPS movements. was not a little sur
prsed to hear that he came so near succeeding IN
the Chickasaw claim. The fact is, the ichole affair
is ,orong had no idea when DIR. q. first came
over to the Chicksaws, what his business was. +"
The matter was variousy canvassed, and in the
end the contract was rescnded. The paper or
and new contract was entered into Ii was un-
der this new contract that the claim Of which
am about to speak was paid. have spoken OF
the first contract only because it was the basis of
DIR. Gwin S transactions with the Indians, and
hence became intimately associated with the his
tory of the case. | now dismiss it, and shall
hereafter speak only of the second contract. This
last paper is among the documents now on my
desk but as it is without date, am unable to say
when it executed. 1t will become important
in the course of this investigation to fix its date,
and shall have recourse to other testimony for
that purpose
Before entering into further examination Of
this case, must pause to settle small account
with the MINORITY OF the committee. In their
report find this remarkable and strong language:
sThere is no evidence whatever among the re-
cords of the department to sustain the finding OF
the committee that this claim was rejected by the
proper officer, and reopened and allowed by the
Secretary of the Interior; indeed the finding is
directly contrary to the recorded fact"
In this they make direct issue with the ma
joriy, and shall have recourse to the official pa
pers, to test the question as to who is right and
who is wrong.
The first trace that find Of this case in its prog
ress through the departments, is in the Second
AUDITORS office. On the 9th of September, 1876,
J. M. McCalla, Second Auditor of the Treasury,
certified that there was due w. M. Gwin $780,
Comptroller and the next trace Of it is found in
the letter which | now read:
TREASURY DEPARTMENT,
SECOND CoMPTRoLLER's OFFICE, Sept 9, 1876.
Sin: The Second Auditor of the Treasury, on
the 9Th instant reported to account in favor of
William M. Gwn for S56,O2l 40, chargeabe
upon the appropriation for carrying into effect
treaties with the Chckasaws, under the act of
April 20, 1896.
As this claim is " connected with Indian af
fairs, and calls for expenditure from an appro-
priation under the charge of the War Department,
it should have heen transmitted to the Commits
soner of Indian Affairs for ADMINISTRATIVE Ex-
ANIMATION, under the Sd section OF the act of
July 9, 1882, and the fifth paragraph Of Revised
Regulations No. /, concerning the execution of
the act of July 9, 1882, providing for the appoint
ment OF Commissioner OF Indian Affairs"
In order that the claim may receive the proper
examination required by law,
herewith transmit all the papers received from the
Auditor connected Herewith.
With entire respect &c.
ALBION X. PARIS, Comptroller.
Hon. w. MEDILL, Comm of Indian .?fiirs
We have already that the Second Auditor,
\ I'll. IL, ii ,t 1n,,- e.,