The true Democrat., 1855-04-17

recognized part of the national debt. It was to be charged to the five million fund. It was not so charged, as l believe, and the whole of that fund has been paid out some two or three years, notwithstanding the government still pays inte- rest upon it, and it being in the nature of a grant take it that it is not now repealable, so that whether right or wrong, the fact is, that it is part of the national debt It is in that point of view that I look at it. If such be correct view of the case, in which l am authorized to state the department agree wit me, it certainly accords with our general policy to redeem DOT ton of our national debt when the creditor is willing to receive the payment, and that is the case with these Indians.
 1 will state how, as believe, it was not charg- ed to the five million fund, and why it was not so charged. That appropriation was made in 1848, on the 2lst of July, when I had been member Of the Senate some two or three weeks. In 1850, the general adjustment of the Chero- kee question came up before the Senate of the United States, and the Senate, acting upon the report which had been made by the Auditor and Comptroller, containing statement of all the accounts for and against the Cherokees, dated the 9th of August, 1848, but few days after this act was passed, furnished the basis upon which the appropriation was made. A final reslduum, under the treaty of 1847, was left to the Cherokee nation. That amount has all been paid out of the residue of the Cherokee fund taken from them. l am induced to believe that the amount funded under the act of 1848, was not embraced in the account of the Auditor and Comptroller, dated the 9th of August fol- lowing, because there was no time to take the enrolment ofthe Indians, and ascertain the gen. eral amount for the purpose of charging it to that fund and yet, the general terms in which that report of the Auditor and Comptroller was made, had probably the effect of misleading the committee on Indian affairs, who investigated the subect two years afterwards. 1do not know officially whether 1t ever was or was not inclu- ded. infer from comparison of the dates that 1t could not have been included; but 1t leaves the fact as stated it to be- that it was an appropriation out of the treasury of the Unit ed States, and clearly to that extent national debt, which we ought to redeem at our option, or pay the interest punctually. If the Senator will propose to repeal that act, that will bring up the question of its validity as being per- petual grant of that amount of money to the Cherokees
 Mr. Hunter. If I understand the statement Of the chairman of the committee on Indian at- fairs this IS the state of the new case: the law required this sum to be deducted from the general Cherokee fund, but the officer of the government, Ill defiance of the law, paid 1t from the treasury, and being paid, there is no other resource than to pay the eastern Cherokees out of the treasury of the United States. Sir it see'6 to me that is a state of things which is not credltable to the officers of the government. They are bound to know the law and observe 1t. do not know that we ought to punish the Indians because the officers have not observed the law, but they ought to have observed 1t. The proviso was put in for the purpose ot protecting the treasury against this very thing
 The presiding officer Will the Senate con- cur in the amendment?
 Mr. Hunter. I have not said that we should not concur in it: but think 1t my duty to call the attention of the Senate to the fact If we pass law 1t ought to be observed
 Mir. SEBASTIAN. I have said the Senator from Virginia is right as to the statement of facts, but 1t is not controvertable that this is an amount on which we are paying interest, and the question is whether we shall redeem 1t or not If 1 were going back to the consideration of the question i'll l848, I would say to him that 1t ought never to have been charged to the five million fund; but that is irrelevant now
 The amendment was concurred in.
 The next amendment, made as iL committee ot thew hole, was to insert.
 SEC.-. And be H fu1tlser eaacted, That the Secretary of the Interior be authorized to invest in safe and profitable stocks, to be designated by the ChOctaw nation, and at their risk, or at his dlscreton to hold in trust, at an interest of five per cent, all such moneys now received or here after to accrue from the Choctaw orphan lands in the State of Mississippi, or from the fund appropriated for the redemption of Choctaw scrip annuities, which may remain on hand by reason of death of the parties properly entitled to claim the same. And that the said Secretary be authorized to pay the annual interest there on to the Choctaw nation, for the support and maintenance of such neghborhood or common schools as they may establish among the Choc- taw nation west of Arkansas: Pgouided, That upon lawful claim made upon such funds by any party entitled, the principal of such amount shall be paid and the interest on the same shall cease.
 Mir. Hunter objected to this amendment when 1t was offered in committee of the whole, because, as 1 said then, it seemed to me to be the commencement of dangerous and impro- per policy. l believe that we ought..not to allow the government to invest these funds in State stocks. 1 think, if we do, we shall see repeated the experiment. which we have area- dy witnessed. We have invested moneys in State stocks and have not been able to get them repaid. believe this money belongs either to the Choctaw people as nation, or else it be- longs to those individuals who have been ab- sent, and have not claimed it. If it belongs to the Choctaw people as a nation, it ought to be paid to them, for we have the testimony, on all hands, and especially from tl,e Senator from Mississippi, who is we'll acquainted with them, that they are abundantly able to take care of their own affairs. If, on the other hand, it does not belong to the Choctaw nation, but to those individuals, it ought to remain in the treasury of the United States, and when they come for ward they will be paid. They will have no right to call for interest if they do not claim their money; and it ought to be kept there un- til they do come to be paid. I believe it will be the commencement of very dangerous DO. licy if we now allow or require this money to be invested in State stocks.
 MT. Adams. In addition to the remarks of the Senator from Virginia, I wish to call the attention of the Senate to the fact that there is @Lo4+ +bo Il