The daily union. [volume] (Washington [D.C.]) 1845-1857, 1851-02-28
OF Representatives on ths 22i OF April last which an
directed by the committee 10 communicate 10 you.
have the honor TO be your obedient servant,
w A RICHARDSON.
Hon I, EWING. Secretary OF the Department Interior

Hon. 7 EWING. Secretary of the Department Interior
RESOLVED. That Hon T. Ewing, Secretary of the Int.
erio be requested furnish the select COMMITTEE raised
by order OF the House of Representatives 22i OF April
$780, copies OF all papers and records file in his Office
under his control touching claims against government nj
any Of the dida tfibes IN which EUtngs inter-
esled in their own right OF partners oh others which
have been reopened and adudcated by the Secretary OF
DEPARTMENT OF THE INTERIOR,
Washington, May l3, 1850.
SIR In compliance with the resolution OF the com.
mttee have the honor that there is Of
any claim of w G. and e. w. Ewing, or anyIn which
they interested partners with others, against
the government any of the Indian tribes, within my
knowledge careful search disclosed BY the records
of the department, which adudicated and decided
before into Office and which has since been re-
opened and allowed by me. -.5 III
There is in schedule 4 OF the repor, Of TIE Commits
claims against The potawat0xfe 1nians een IN nunfs
ber. Among them are two claims in favor OF w. u and
G. w. Ewing national obligations, executed at the
same time and place with the lreaty--one witnessed by
the superintendent OF Indian affairs. for $64l0 TO- the
other witnessed by the Indian subagen for $4O277,
with credit thereon for $225o leaving BALANCE due
OF $2S, ,O27. There is also claim OF Ewing Clymer
for $l773, made al the same time and under like CIR
cumsaDces. These claims, with the class TO which they
belong for some time pending before the CommIs
sioner OF Indian Affairs, but decided and IN his re-
port of the above date he says "As the claims now
stand, it is impossible TO make any safe decision in re-
gard them short OF rejecting the whole and under The
circumstances the best, probably only practicable
mode OF making any satisfactory and final disposition OF
them would be for Congress to authorize the appoint
mel of a commissioner investigate them the spot,
with power TO take testimony and examine witnesses, in
order to ascertain satisfactorily how Tar they should
Justly be regarded national individual liabilities,
whether the charges Just and reasonable, and all
other facts and circumstances which should be taken
into consideration in making final decision upon them.
The proposition TO appoint commissioners to inyesi-
gate these claims before committee OF the Senate
accordingly, who, the sth of January, lS4a, reported
joint resolution Is r. No. 49) providing for the ap,
pontment OF comm isson TO examine these claims, and
the claims against the other tribes named the said
schedule
The resolution did not pass; and the claims. still
manning undecided were, when. came into office,
brought before me for decision Not having been adj-
dicated and decided before came into otce they were
not reopened by me- and therefore do not come within
the call of the committee the resolution of the House
schedule +, claim of W. e. & g. w. Ewing against
the Miamies Of 1924 which Is one OF class OF which
the Commissioner says. (page AZ: The claims were
twice presented fully considered, and rejected. both by
the department and The President This statement is
erroneous The records OF the Indian Office and the files
therein show that there were ortysx claims by sandry
individuals against the Miamies of which the last above
named claim of w. q. G. w. Ewing was one. The
third article OF the treaty OF November 2s, ls4o with The
Mames, contained provision that the United States
should Immediately after the ratification OF the treaty
appoint commissioner commissioners, who should
inv vestsa,e all claims against any and every member OF
ber 1888. or which might accrue before the rahhcahon
| of the treaty.
|
treaty The Indians requested the President to appoint
commission to examine and settle them He declined tc
do because the did not within the provis
oil the treaty anu this far as can be asceTtained
of the incidents referred TO in the report OF the
Commissioner of Indian Affairs a consde ration and
rejection of the claims by the President
The Indians and the traders hereupon appointed their
own commissioners who went on and awarded upon The
claims and their award produced al the office OF In
dian Affairs, in the summer of 1916, by the Hon. G. N.
Fitch, OF the arbators, who requested the comms-
soneI TO file II in his office, which he refused to do The
Indians afterwards memoTiazed the President on the
| subject, which memorial presented 10 the President
in September of the year, tho, the 23d OF that
month, directed 10 be returned TO the ohce OF the
Commissioner OF Indian Affairs" 1t WAS accordingly
taken to the otce and then received and filed but II
| never acted on until after | into Office, any
further than to be named the report OF November 30
ls4s, in schedule L. 1t embraced, in common with
the other cases, IN the JOINT resolution reported by the
committee OF the Senate These cases, therefore, had
not been either considered decided; but the Comms
sioner had absolutely and withou, any good reason APP
parent the records OF the otce only refused 10
examine, consider, decide the but he refused 10
receive and file the papers until they referred 10 his
office by the President.
These cases, therefore, reopened They were
considered for the first time by the present Commissioner
OF Indian Affairs who reported upon them TO the
S,h OF February, 1850 approved the report of the Com
missioner as far as he expressed an opinion.
There were two which, for reason, had not
been examined and awarded upon by the arbators
were claimants On these the Commissioner having IN
his report to expressed opinion, declined 10
sider heu but sent them back for his denitve action
lie has decided tbem-on what particular state OF
facts not advised, his decision has not been be-
fote me for examination or revision.
This case, therefore, not having been either reopened
(or, indeed decided) by does not come within the
resolution of the committee and the papers relating TO II
not forwarded
| reply particularly TO this point (he reopenng OF
decidedly because deem il OF any import
whatsoever in tie general language in which 1T ~
presented but because seems To be the sign by winch
the the committee is in search OF rs TO be identified,
4 Iale pnh,a III
CATION is directed.
Appeals lie from the heads OF bureaus to the heads of
departments and the right OF appeal not cut of by the
change OF administration, the change OF the head OF
department, but continues TO subs. II such change
had taken place. should therefore, have readily
ceved and acted appeal from decision OF the Com
missioner of Indian Affairs made before made after
pens that no such occurred would have occurred
in proper and will yet II proper case be
be presented.
Heads of departments have right to review, and IT IS
their duty to review their decisions, when proper
cases made-such, for example, would induce
court OF equity TO and their secrees and
that right not lost by change in the head OF the de-
parment
The sound and sensible rules which govern courts of
justice the subject oil appeals and reviews do govern,
ought to govern the heads OF departments aso except
only when decision in favor OF ndi-
vdual right vests that right as TO put IT out OF the
power OF an executive officer TO correct his error.
have occasion reviewed and reversed my own
decision for what deemed sufficient cause and would
readily land readily for like cause review
and like decision Of my predecessor II have
never done in any case it from the accidental
circumstance that has been presented in which
thought the rules OF correct usprudence required tc