The daily union. [volume] (Washington [D.C.]) 1845-1857, 1851-03-02

nsns sddrss.sd 70 tho Secretary Of War II posi-
o0 20 the OF ths Within resixnaIon
prooss dug remark that to the understanding ths
eesl o.iy b. ns..sea By eo,a~i.sio.~. but tina
ihey mS, nsce1sa be appoio,ed by genera vote Of The
tsmbef Il. the following endorsement, approve
,he suEsos % the commission onew commissioners to
aoosp.sd iii The sh September lsa5 and i had
even lsaensd the Indian office nn,i the 18Th Of August
wa. sixn.d later than III August, 1916. two
weeks oelo e resignation reached the Indian Office aad
the Ssc.etsyof War. There is rule OF usage better
setled man a an office does become vacant by trans,
ha, and that all acts done unit. that accept.
nnoe are oitSsA and valid presume will not be denied
resignation. the commissioners would st have remained
70 once nasr their Old appointment and Il So II Is equal
certain that until its acceptance they did remain in
oftoe This Il general the rule, but IL is still stronger in
hls csse, ios sht resgnation was conditional The cond
should DO no commissioners until that condition
assened to by the Secretary Of War. il was not even 10
his power to accept the and consequently what
Called resignation is but conditional tender OF resig
aaton which viii have no effect upon the tenure Of the
oco un the acceptance OF the resignation by the Secre
ary OF War; accompanied by his assent TO the condition
The case however, is stronger m for tho treaty absolute
requires that there should be commissioners to tansnc
the business OF the nation. That treaty was the
preme law of the land and il not in '.he power
Vi any oh,er OF this government abolish that office
oy accepting resignation OF the commissioners. upon
condition thai % no Others should be appointed sash
be void upon It's lace aud could be rendered valid by
pose the Of the hsnd oas should
tender his resignation to the President upon condition that
such resignation would be msre nnbi'y and could not
oe rendered valid by acceptance of the Pfe
OF attorney signed after ths date OF resignation, IL
would ony prove that the commissioners themselves
effect until t was accepted by the Secretary OF War; and
the condition they had prescribed assented 10 by him.
that these very commissioners have been acting long since
their resignaon was accepted by the Secretary OF War
such action that the election Of commissioners point
ed out by the Comn ssioner of Indian Affairs In
the d'say ga. to 10 asss The asd ro,s he
old board Of conissio~ey rho acts CLAIMS haze bss
cnsrxes OF the inssidy OF this power because il was
signed after tho commissioners had resigned and ceused to
Having shown there in truth nothing in the ,es,
monyamely, the ex parts letter Of Harris, and the
power Of atotney was signed after the resignation Of the
will now proceed demonstrate III the
is no ground Whatever Tor any sach charge for the following
reasons, a ass Hr
l,t. The contact upon its iaos shows tha, il
made and signed. not with private individuals, but
with the then existing commissioners Of tho Chckasaw
lion II begins in the words, Memorandum Of
made entered into between William M. Gwin, of
State OF Mississippi, OF the part, and the chiefs
and headmen OF the Chickasaws acting
in behalf of narion Of the ether part wtnesseh," &c
The paper Is sgued by six Of the comm
any ioor of whom being majority had full power act
for the whole well under the the uniform usage
Of the government in executing the same These six
commissioner were, Isaac Alberson lchei) Beojamin
Love, Sonc Love, James w ote
Colbert -Four OF these are educated personscouid not
ony read write and subscribe thes own Names had
the business Of tha Choaasaw nation Tor many
years TO the amount Of millions OF dollars, and vel
tainted with their duties, and all the affairs OF
bind the nation describing them selves that date as
after they had resigned Is most absurd and
ecng them and all concerned 10 disgrace and iniamy
With them were uned and present as tho paper shows
their mark their two colleagues. I.anc Aiber,,on Jo
seph Colbert Then came (besides the onr chiefs and
With them s,tesns ali these 'snaures-as well b.se Of
the six commissioners as OF the four chiefs snd headmen-
Now This geniean he highest Judicial iunctionary
of the nation, necessarily well vcrsed In It's laws and
sionss pd this high judicial functionsry OF the nson
in petperatng this fraud by atss,ng the signature
alike absurd and Incredible The document them a. well
from intrinsic rccitals from its aitesAtion, showed
describe Ihem,sve, lat The date Of It's execution by hem
iks eommsno~os OF the nation That they should have
dared 10 sm p1pef as s hen ,hsy ,s.se r
private persons and this too IN presence OF the chiefs and
y ShS s a9ss Judge ass ms
they would all unite in daring Outrage and an Infamous
aisS,cs and ruin The six oom.sIoners and four bsad
men, and tho aestng supreme Judge ofhe nation, all
unite in declaring upon the lace Of the Instrument that they
commissioners when subscribed, aud nothing
but testimony the mos, conclusive should be admitted to
convict the whole eleven OF the Gaud and slschood with
which they charged.
3D. 1t xppsars by the ersr ofM Upsha the Chicka.aw
agent 2st Of July lsi5 that the comm. .oners
signed the 18Th July and declares that he did, in the
council accept OF their resignation" 1t then open,
aud noor,ously known to the agent known to the
whole naon and openly accepted in Its general
Gil Thi. would render IL i'm pos.
sbe that, alter stesignston well known and notol-
they would dare. IN the OF their chic s,
and hcsdnsn and supreme lndge, 10 aci and subscribe
paper mssianersthese Chiefs aud headmen, and
the supreme iadge, knowing of the resignation and their
want OF power 10 act
I'd The letter OF the Sd Of June lsa5, from Major
Armstrong the superintendent, TO Pman Colbert, the
ucpal he ns~lOU nd DArt
Dosksvs, In the Indian territory, shows that
had icw days previously both the old and new
power TO the commissioners with letter from him to
amending them, Tor obvious
the old power and subscribe the In that letter
says 'n answer to your request, wishing to the
power OF sarney given by the Cnickassw
w. M G~in, November last and also letter to the
with OF attorn-y, which the
may substitute, II they choose do so, for
signed in November lrst beg leave TO say that
both powers tho commissioners day Two
ago with my letter.
1t 10 olear them that in June. lSt5, both these powers
before the with lamentations from
Major Armstrong TO cancel the first and subscribe the
Now, the objections that had been made TO the
OF the ssiones referred exclusively the old
power, and the The old power, the apers
State stocks, far which had bsned appropriation at
the preceding session OF Congress- embracing principal
hundred thouss nd dollars, well
agency the Chickasaws TINS appears rpon
sso recites that rhs right, then liked aud
be rehqushed ppon the execution OF the contract
the had received In the Agricultural Bank
Ths and claim for hsif the land
land and onehaif the provision fund, the t OF which
allowed by Congress until August. 1876, aud the
secood not obtained until alter five years hard struggle in
March, 1850. accompanied by sacrifice of large por
OF my rights The whole obtain under the
tsnei my could NOT amount what was slresdy
entitled TO- aud had sl.ady secured under the old power