The republic. [volume] (Washington [D.C.]) 1849-1853, 1850-09-13

| WILL DE PUbLtSHED EfENf THURSDAY
say, that if the accounting officers OF the freasu-
| nv are satisfied that an error has hncr commit
ted it ought to be corrected unless there is le.
gal prohibition against opening and rccons,dering
| the matter.
| "Whethcr such prohibition Is imposed by the
4th section of the law Of March 3d. l545 ID ques
| ton which belongs exclusively to the account.
ing officers of the Treasury to decide. In regard
. 10 this question it is not my duty, nor am pre-
pared, TO express an opinion
| There is evidence whatever among the records
| Of the department TO sustain the finding of the
committee that this claim was rejected by the pro-
| per officer and opened and allowed by the Sec
retary of the Interior; indeed the finding is direct
| y contrary to the recorded fact. We have already
shown, by copies from the reoords of the Treasury
and War Dcpart rtmcnts, that in 1916, when this
| case considered, every accounting officer who
acted upon it sustained it TO the fuitcas and
that the Secretary Of the Treasury and the Secre-
| tary Of War sustained ii 30 far as il properly
! before them From that time down to the sum
mer Of l549 it appears also that no action what
| ever was had upon it. II the Secretary OF War re-
| fused pay it out of the appropriation for the
removal, &c, Of Indians, no trace of such refusal
| appears either in the War Department or in the
Office of the Commissioner of Indian Affairs; and
| we know Of no other evidence than the records or
| files themselves, to prove the act of an executive
| officer binding on himself or his successor The
Commissioner of Indian Affairs, it is true, says in
his report to the Secretary Of the Interior that the
Secretary of War did SO refuse; but this ls mere
heresay evidence, oprove what can alone be proved
| by the record.
The committee also err in their statement that
| the Commissioner of Indian Affairs ever decided
| this case. 1t remained in his office withoutany
ton whatever upon it, so far the records chow,
until he was called upon for a report preparatory
To a decision by the Secretary of the Interior,
reference to the Attorney General, which report he
made, but decision. Indeed, the Secretary Of
| War had determined, though contrary to the opin-
| ion Of the Second Comptroller that the could
| lv hetnr thsC sSip
| dian Affairs for his administrative examination,
| but must rest upon the decision Of the accounting
| officers of the Treasury.
While this remained, during the long inter
| val above named without consider alton or action,
| the original contract between the Chickasaws and
| DR.. G win lost in the Indian Office, as appears
by the evidence, and especially the following letter
| TREAsuRy DEPARTMENT,
| Second Com nlpuor's Office, Jan. D, 1850.
| Sin: On the 9Th September, 1916, transmitted
| to the Commissioner of Indian Affairs a letter OF
! that date, copy OF which ID herewith enclosed
also transmitted TO the Commissioner the paper re-
ferred to in that letter. for his proper administrative
| examination.
Among the papers was one purportiug to be
! agreement between William M. twin ana the
| Chickasaw nation.
| To that communication, have not been favored
with answer, nor have the papees been returned
! to from the Indian Office.
have now respectfully to request that the ad-
mnistratiyc examination may be bad on the CLAIM
mentioned in said letter, aud especially that tho
| y,
the said claim is pending, may be officially m
formed if the paper purporting to be contract as
above mentioned was executed by persons having
| authority - bind the Chickzsaw nation IN such a
/ contract, and ii the came paper has been sane
| toned or is now sanctioned contract binding
on said nation by the department having supervi-
sion of Indian affairs.
| am, very respectfully, yours,
ALBION X. PARIS, Comptroller.
ORLANDO BRows, esq,
| Commissioner OF Indian AftArs
| In this condition the claim stood when presented
to the Secretary of the Interiors
lst. The claim of the ChickIsaws TO the SIR
042 80 had been allowed by the Auditor and Comp
troer with the concurrence Of the Secretary OF the
| Treasury and the Secretary OF War
| 81. They had also decided that the payment was
! to be made out Of the appropriation for the Re
moral and Subsistence Of Indians"
| 81. DR.. GwiD's claim TO the nehslf the sum bad
been allowed by the Second Auditor, and certih-
cate issued therefor.
! 4th. The had been referred by the Second
Comptroller 10 the Commissioner OF Indian Affairs
for administrative examination" which the Sec
reary of War as shown in the above letter, thought
unnecessary and Irregular, II being, IN hs opinion,
/ a proper subject for the examination and hnal ad-
ustTnent of the accounting officers of the Treasury
! by whom it already settled and certified In
this confused condition the matter remained until
the attention of the Secretary OF the Interior WIS
called 10 il in ls49.
| Therei is abundant evidence among the papers,
proving the existence and contents of the contract
/ between the Chickssaw nation and Dr. GSin, re-
ferred to in the above letter. Among the rest, the
certificate signed by the Second Auditor on the oih
/ Of September, lsi6, just before the papers were
cent TO the Indian ofice Is conclusive as 70 both.
| The Auditor therein certihes "there is due from
the United States 20 William NJ. Gwin the sum
of fifty ak thousand and twenty one dollars and
forty nine cents being the amount OF his account
/ for one half of what has been found due TO the
/ Chickasaws ON account Of provisons purchased OF
sundry persons at Cincinnati, by Lieutenant Sea
night, in 1897 the same having been erroneously
paid by the United States out Of the Cbickssaw
fund; az per articles of agreement with said G. win
9 and the chiefs and headmen Of the Chickasaw na-
ton, herewith:
Whole amount found due to the Chick
asaws .............. ........... lll,Os2 ~
{ One half Of which amounts to....... 5o,n2l -
! Which, together with the production of the copy
and aff iavit and proof Of the lose Of the original
would have been sufficient evidence Of the contents
I Of the paper in a court Of justice.
! The execution Of the original papcr-the velu-
able confederation for which it was given-the long
continued and mcritorous services OF DR.. Gwin for
| which this ~as the compensation, are abundanty
shown by papers In the possession OF the committee;
but time and the pressure Of other duties will not
allow the undcrsg gned 10 collstc and present them
They are however, fully colated and set forth IN
letter from DR.. win ~ the chairman Of the select
committee which the undersigned append to their
! report and make IL part thereof
SAML. r. NlNTON,
DAVID OUTLAW,
! JULIUS ROCKWELL,
! WM. J. ALSTON.
NorE 1T appears by the papers sent to the com