The daily union. [volume] (Washington [D.C.]) 1845-1857, 1855-12-01


against the citizens Of the United States bat there Is no
concession the part Of the United states that the sop
that existed that had ast foundation y sta
ted the why the third supplementary article was
adopted i i had been INTENDED that the entire expense
removal and spoAtions e. be borne o The United States
there would there should have been stipulation express
~ declaring Bat Instead Of bis certain snm e be paid
BY the United states or these and other purposes agreed
upon and inserted Ia the treaty To the extent Of that
the United states became bound bat further II may be
said and perhaps with Justice that this dd not amount 70
concession Of right either SIDE doubtless supposed
that further officially would arise u as regards the
United States the most that cH be justly urged Ia that 10
view Of the impressions Of ID Cherokee they lar yielded 70
them 70 alow them The additional Of six hun
dred Thousand dollars There can be no Justice OF PFoPe
10 saying that they either did Designed 10 do more On
the contrary the VERY fact that they limited the CON
cusiyey shows tbs. they Intended thereby 70 Limit the ex
Of their obligation. Such il TO is the obvious
construction Of me supplementary articles.
Bat further difficulty The treaty Of 1886 had
been concluded ia opposition il said, TO the viii Of
large majority Of the Cherokee nation This majority, under
the coGnse Of John koas bad uniformly refused 70
that treaty obligatory upon them, and had oosfnaely
whstosd ali the efforts Of the government Of the United
States 10 ndecs them 20 adopt u Or engrate under A pro-
visions. In the time, within the period limited by the
treaty most o. wha. called the treaty party had emf
grated to the West. Finally, the '.loss party, still sd
herring the idea that they ia bound by the
reay, made proposition % the United States ITO release
all claim TO their country and emgrate for named san o.
money c0nnexon with other conditions, among which
the stipulation that they should be allowed % take
charge Of their emigration, and that the United States
should pay the expense OF" it. But this proposition
aeeeded either BY treaty legislative enactment
The Secretary Of War; in reply it, said III it be desired
by toe Cherokee nation that their own agents should
have the charge their emigration their wishes will
be- complied with, and instructions be given 10 the
manding general in the Cherokee country into
arrangements with them to that effect. With regard 70
the expense Of this operation, which you ask may be
betrayed by the United States, in the opinion Of the
dersgned the request TO be granted, and appca
for such further be required for this purpose
shall made Congress-" But Secretary Of War bad
authority 10 act in the premises except 80 tar as he might
40 % in execution OF the treaty And the only action which
Congress took upon the subject WAS to pass the act OF June
II, 1855, which is ss follows;
That the further sum OF million fory-seven thousand
the treasury not otherwise appropriated IN ul Tor al 90
ects specified the third article Of the supplementary
ces Of the treaty eighteen hundred and thirty fye be-
the United States and the Cherokee Indians ard for
ne rte object OF aiding in the subsistence OF said Indians
for me year after ther removal west Prorsde, That
the sad shall be deducted from the i've
millions stipulated 70 be paid 70 said tribe Indians by said
treaty Aad prorided tAer That said Indians shall
receive benefit from the said appropriation unless they
snail reasonable and without coercion the part
Of the government - q Stat. at Large, 1s2')
The action Of the Secretary Of War nothing more
than mere Offer on The part Of the United States
good faith much Of tie eighth article Of the treaty
Of 1855 az provides that such pefsons and families as
the opinion OF the egrang agent capable OF subsist
ing and removing themselves should be permitted TO do
million forty thousand AID sixty dollars
brious consistent Win IT, express terms Of the eighth
Of the treaty for the Secretary Of War to per-
nit the e Ross parity" ii they could bring themselves
selves II hey AZ aied themselves Of this permission
followed, consequence, that they could only
dollars for each Cherokee removed for the treaty
presy provides. But the Secretary Of War had author
ny 70 say g a. thereby 70 bind the United states has hs
Statc that would be paid otherwise than the treaty
provided did he undertake to do So He merely ex-
pressed the opinion thahe request of the Cherokee nation
that the expense Of their removal should be betrayed by the
United States oagi e " graaed aud assurance that
application such further be required Tor
that purpose should be mae Congress. he complied with
bis engagement She hoe subiec with bis estimates made
under resolution Of the oRse OF Representatives CON-
municaed BY the President Congress Congress, how,
did cot concur IN the opinion which had been
he &l-~ inf Enr
H. 1885, In the passage OF this act Congress 10 hare
been governed By the policy which the
money for the objects therein mentioned but nothing more
do 70 inquire whether this money was properly
applicable any other objects than al and subsistence
II is not necessary for % consider that point.
Before the expiration 81 the year eighteen hundred and
homes effected. in August A. d. 1876, tie treaty OF
that date hsde but the petitioner not being party
lie does in any way foaad bis claim that treaty
but he has beth in bis petition and in argument referred
upon briefly notice both lie correctly states that the
third and ninth articles Of that treaty establish the basis Of
1885, The ninth article, declaring what shall be de-
Quoted from tbs treaty fund.- express terms includes all
tion, removal AID subsistence, and Communication therefor
By eleventh article The question whethcr the amount
submitted to the Senate. fhe Senate awarded that
naerte Cherokee nation wereenedo the
dollars for subsistence being
the difference between the allowed BIZ the act OF june
United States and which improperly charged 70
the treaty fund in the report Of the accounting officers OF the
treasury, and that the OF live teh
should be allowed thereon from the twelfth day OF
June, d. 1855, until pad. The substantial elect OF this
lie tina; BY the Of June H. 1885, the Uni
States provided the payment OF the u six hun
dred and eleven thousand hundred and i've dollars and
fry five cents OF the expenses OF subsistence and thai
the residue tbereof-to w.t. the Of one hundred AND
eighty thousand four hundred and twenty dollars
1t protsedy not founded the construction OF the
treaty. but the peculiar circumstances Connected With
the which had occurred between the isoss
ty and the United States. 1t affords but little aid, there
\ tore, tho investigation Of this
We have thus presented brief review Of the
sued well by the United States the Cherokees, under
the treaty Of ls3o and regards the questions
der consideration IL presents single instance in which
they have eopcurred In Interpretation OF that treaty dill
irent roI that which, hare authorized and
repaired By its language Understood in its ordinary sense
1t therefore, that the expended for
bic to the treaty and that the actually expended there
10 be deducted from that fund.- and that the
removal and subsistence limited the to twenty
and the other 20 thirty three dollars and rtthree cents
only regard such of the Cherokees under the
eighth article Of the treaty. were allowed to remove and sub
sist themselves.
We come nov 10 The fourth specification Of error which
relates the committee appointed under the twelfth article
OF the Is356. Ii that The OF
this committee proper charge against the Cberokees
parties did represent the United states, or act In
their behalf render any services for them was IN the
language of the committee the part OF the
Chetokees appointed fo transact all business the part OF
the Indians which might arise in carrying into effect The
provisions Of ths treaty, and settling the With the
United Ststesr
The United States in concurring IL appointment, did
! he