The daily union. [volume] (Washington [D.C.]) 1845-1857, 1853-04-01
Mr. SEBASTIAN. Ills not.

private claim, R##.H.
Mr. SEBASTIAN / will explain il in a very few
words ] believe 4 has been heretofore ruled by the
CHAIR iDa an amendment, although proposing make
an addiuonal appropriation II il was for the purpose OF
Carrying oa' ueaiy or law was moi private claim,
even u me iuii beneht OF the amendment should iDne
ioa prvae individual This amendment is OF that kind
The ophsa'ion TO make the appropriation arises under
lhe irsaly q 1888, The benefits OF which the United
States nave long since received They expressly provided
10 pay not out OF the five million fund.- but independently
out oi Inc Treasury OF the United States Circumstances
forming part OF he history OF that claim 10 which is
not necessary now TO advert have prevented the payment
o lhe amount which the amendment proposes 10 pay.
Similar Gases have frequently been ruled 10 be dehcen
IN he ordinary expenses OF the government and not
private CLAIMS is 10 carry out treaty. although II
will inue 10 the benefit OF private individual have
made lhis explanation merely 10 show that il is not pr
vale Claim according 10 the ordinary Interpretation of the
! rule. s "ai H##
| The PRESIDING OFFICER The Chair would be
glad to be informed whether the appropriation IL INTENDED
| 10 carry out me provisions OF any existing law
| DIR HOUSTON. Ii is to carry out treaty which is
the supreme law OF the land
Mr.. SEBASTIAN. u Is to carry out the treaty OF
1888 wh The Cherokee Indians !. is expressly provided
OF the treasury for every OF those reservations which
had accrued 10 the heads OF families of the Cherokee
on under the provisions OF the treaties OF 1917 and
4 1919.
The PRESIDING OFFICER The Chair is satisfied
1 that the amendment is in order
| Mr. WALKER, will make no opposition 10 II, but
should like 10 know why the provision OF the treaty
has not been complied with before
| Mr.. SEBASTIAN, II were 10 go into the details OF
the history OF this 1t would form longer story than
could well occupy the attention OF the Senate by nara.
ting tonight By the terms al the treaty The right OF the
Claimants 10 the amount due TO them could not have
been ascerianed before the year 1sl3 because that was
the time al which sat the commission which WAS consti-
tu,ed the final arbiIers under the treaty There were
some impeecons, however in their award, and II has
tied our hands in administering the treaty. and prevented
the payment OF the amount IN this instance Finally,
however, the objections have been one by removed,
until il has been acknowledged by the department to be
virtually decision OF the commission OF 1913; bat IN
the time the old appropriation which was made Tor
the satisfaction OF these cases has been exhausted, and
II now requires a new appropriation II the gentleman
desires any further insight into it, beg leave TO have The
report read 1t is long, however and hope the senator
will not call for It's reading
MI SMITH Thete is no doubt about the claim.
Mr. BAYARD. / should like TO have some iniorma-
ton why interest is put in here from ls43 Unless there
is some explanation given, shall move to amend the
amendment BY striking out the allowance OF interest
hope aa w ao' Se GoIs De
principle which involved IN the caee OF David Tay-
lor, which is familiar in the recollection Of senators. The
question OF interest there was not only decided IN favor
of the claimants, but the payment of interest carried
back still further The committee this case, however,
thought that interest ought not TO go back further than
s43 because, by the terms OF the treaty. that was the
first moment at which the government could ascertain
the amount that due TO the claimant II was the first
moment in which the government could be IN any default
| ior not pay ing the claim.
The claimant had asked the committee 10 60 back IL
the orsn spoliaons in 1871 but the committee only
agree TO the interest from 1si3, the time when the United
States asceriained the amount that was due, and from
Wneu une VIC hoia 'ndt 'us ousn' ~ ~ pu
Just such case as tnal ol DdVu idSof atnousn ihc
| interest is not carried SO Tar back,
/ Mr. PRATT. / would be glad to have the clause OF
1 the treaty read.
i 1t was read as follows:
ART Is. ia order make fual settlement OF all the
ealn OF r oherokees io resavaons Raneu uhaef lor-
ef Teaues any individuals belonging 10 me nation by
the onieu Sa'es u Is 'heieloie hereby stpoieea ana
agreed, and expressly understood by the parties TO this
ants whom any reservations been made under any
ionef treaties win the United States, and who have not
sod % conveyed me same py ueea OF oheWse ana VINO
s ~ ne opinon ~ ne nae @ oopea WIN
az nraoiicaie in rbc evsra eases and which
ons have since been sold by the United States shall
stuie iu claim against the United States and the ori.
snul their heirs descendan shall be
uded receive the value thereof from the United
STATES as improved lands And al such reservations as
naso hot pee sou oy .ue oni'ea ole anu ~helo tne
V, 'o's @ ~ .ou @ ,no - @ eno nd % ~ o oi m
nrac,icahe bsv or thai bs n, dasrendant. sbn be en-
tted 10 the sa,ne They are hereby granted and con.
rned 10 them and also all persons who entitled
reservations under the treaty OF 1917 and who, far
practicable In the opinion OF the oonmssionsrs have com
phea WIN ne supulhuos q sala treaty hthough oy tne
teay oi os suon Iese'Vatlons were Included ~ 'pe u
d ~ he % shall b ,lad =, ecaie
0TsnI as me And All ,neb al were Obliged
sv la,gs Ia atss in winch hsT rvaons ,pe,e
situated 10 abandon the same or purchase them om the
States, shall be deemed 10 have just claim against the
United States for the amount by them paid to the States
win interest thereon ot such resevlons and iobged
soaopi me same 70 tne Vslue o such eseVauon'
6 ia ii p,Vs I - @ ,, ,I , =, 80 =, 80 90 @ nr ~ ,eaS ~ I @
ysyd , sane nv deea or otbert.e and bays besn n,id
FOR the hey lher heirs or descendants or their a.
guees shall not be considered having any claims upon
tie United States under ,hs article OF the treaty. nor be en-
titled 10 receive any CON for lands thus M