Daily American telegraph., 1852-09-17

Inno buildings; PHILADELPHIA n W. corner of Third
ma Chestnut streets,
Gen. Scotia Allowance as Cherokee Conn
missioner.
Much has been said on this subject by the
enemies Of General Scott. A .tssV scords from the
record viii soon, however, dissipate the influence
Of their misrepresentation.
The allowance of per diem to- Gen. Scott as
commissioner for the removal Of the Cherokees
was made the subject Of inquiry in the House Of
REPRESENTATIVES, In 1912. The answer to the
cali III Information was made. That answer, with
the documents, AS printed, is now before US, and
rae result is strictly this On the 18th Of April,
1855, President Van Buren,, under his own sign
manual constituted him q " commissioner" to
regulate the emigration, or vary the propositions
Of the tresty.by which the emigration was stipu-
lated The commission runs thus: " For these
purposes, and to meet the contingency referred
to- you are hereby appointed |. commissioner, and
authorized to conclude arrangement of the
matter herein described with the said Indians,
subject TO The appreciation or rejection Of ,'se
Senate" Having executed his duty, and being
in Ohio on other duty, in December, 1885, Gen.
the amount Of the usual allowance to commits
sioner, Of eight dollars per diem should be placed
to his credit, as he would have occasion for the
money; aud aware, both from his own expert
cace, and the usage in respect to others, that
the uniform practice was 10 make,such compen-
sation, he sent no voucher, but q simple state
ment Of the time he was employed as commits
sioner.
Mr.. Poinsett, the Secretary of War, referred
the account TO the Commissioner Of Indian AT
fairs, who, under the date of 18th of December,
1888, reports that it is nadmissible--1st, be-
cause there is no appointment on record Of Gen.
Scott a. commissioner; and second, because, as
ne appeared to be only acting in his capacity as
military officer, the law of March Sd, 1885, for
babe any extra allowance. In this view Mr.. At
torney General Grundy concurred, and for the
reason stated BY the Commissioner of Indian
Affairs.
These reasons were at once set aside by the
production OF the original commission, signed by
Mr. Van Buren,, but of which it seemed no record
had been kept IN the proper department But
the pride Of consistency would not permit the
Alto. ney General Grundy to change his opinion,
and he still insisted that the law Of March, 1885,
forbade any allowance. So Mr.. Poinsett, in Feb
ruary, 1889, az asked Mr.. Senator Wright to in
seyt an iteu in the estimates to cover the sum
due Gen. Scott-sayug, in his letter 70 Mr..
Wright: Gen. Scott is richly entitled 10 this cons-
geasaton Tar his Oalua5ls and important services,
and beg leave earnestly to request that you will
use your endeavors to have inserted in the ap-
preparation bill an item to that effect"
Mr.. Wright demurred, because Of the law Of
1885, unless there were a contract previously
made Mr.. Poinsett replies on the lst Of March,
there is no such contract; that by the usage
Of the War Office prior to 1885, he would as
commissioner have been entitled 10 the per diem,
but, that law being construed 10 extend to the
case, the department was compelled to ask the
allowance from Congress.
The session closing the 4th Of March, moth
ing was done in the matter. The Supreme Court
Of the United States, in the case of Mines e.
the United States, 10 Peters, p. 424 decided
that the restriction in the act of March, 1880,
applied only to the appropriations made at that
sess.Ul of Congress Even Mr. Grundy's last OBJ
jections could no longer be deemed tenabe: and,
accordingly, Gen. Scott prepared to present his
claim anew but, owing to having mislaid the
original commission from Mr. Van Buren,, it was
not done till after Mr.. Bell had resigned his Office
as Secretary Of War. As soon as it was pre-.
scented, with the original commission, and the
transcript Of the decision Of the Supreme Court
By Judge Story, in January, 1871, all difficulty
was cleared away, and the claim was allowed
and the money paid in conformity with the stand
ing usage of the War Department. :.
The neutrality-suspicious. Comps nsa.
ton.
IT, an rlnrnd ON the Cnnitnl on.