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


county, Mississippi, has been tzeoh''aued.
assa. 81 Sas-The site or the post Office at Goages,
e.n, county Kentucky has been changed, and John A.
Turner appointed postmaster in the Place OF a. L. brown,
resigned aso the site Of the post once A. earl 4s
Neboba county Mississippi and Daniel Lumons appointed
yostmaster in The place Of u. d. Ross, resigned
corar or CLAIMS.
p,;s,. yosepBss s0--The court at II o'clock The
ioages were all present.
sa aoWinz opinion Gin tie case Of K Rogers the
uaitsd staes) was delivered BY Judge scarburgh on
Thursday last
The petitioner belongs the class Of cherokees eonsn
plated ia The twelfth article Of the treaty OF 1856 That
article follows .1huse individuals and families Of the
Cherokee nation that 70 removal 90 Tue
county west Mississippi and DESTROYS TO become
CITIZENS az the States where they reside and such as are
qualified take Of themselves and thei property a oe
Entitled 10 receive their ue,ortion Of The personal benefits
scouting under this treaty ior their claims improvements
and per capaa appropriation Is mace ior n
treaty" Having ayaed himself o. The privilege o. becoming
citizen OF the State resided he longer remain
"a an indivdua of the Cherokee paton and thereupon
became entitled portion OF whatever mig remain % he
distributed per capita provided for in the treaty. after
dducting from the whole lind sach Of money as were
properly char sabe thereto.
Al the period when the treaty Of lSl6 concluded, the
petitioner had ceased 10 be Of the Cherokee nation and
not being represented BY any Of the parties 10 that treaty DC
was bound bs it, The tenth article expressly declares
that nothing in the treaty contained shall take away O
abridge any rights cAius which e Cherokees now re-
siding States of the Mississippi river had, or mar
have under the treaty OF 1885 and the supplement
The prouo in the OF ls must be construed Win
the ISiG, and IS properly appSene
a. is declared to be- only 10 the Cherokee nation
or the individuals then composing that nation 10 extend
the construction Of that rosio 50 as 70 embrace the peI
toner would not only inconsistent with its words but DO
violence the spirit OF the tenth article OF the treaty 81
lse. IT, therefore, the settlement which took place after
OF 1885, be upas erroneous in any respect Inc
petitioner outstanding he has received bis due proper
tion OF the amount paid under the act OF 5o IS sun mol
barred from showing the fiom avaiing himself Of
sny demand 10 which its correction justly entte him
The petitioner specifics the following as the errors OF nea
be COMPLAINS in tat settlement ) that the United States
OF thirty three dollars thirty three cents o
each Cherokee sabsted I'D that the United
credit actual expense OF removal instead OF twenty
dollars FIR each Cherokee removed 80 That me Iheu
States entitled to credit account Of ooth spoa
tons and subsistence than six hundred thousand
dollars they received credit for much larger sam
aud ~ that credit improperly given g Che sntsa
twelfth article oil the treaty. This not the precise form o
specification of adopted By the petitioner but II sas
stansiay embraces as we understand me peon' ms "ois
By the first article Of the treaty Of 1885, the Cherokee
ton ceed their The Mississippi river and re-
leased all their claims spoaon the United States Tor
Of five millions OF dollars 20 be expended pAa ha
invested in the manner stipulated and agreed upon - ~
subsequent articles II agreed 10 be submitted 70 Y
Senate whether n their oir Of ire Iin oi asis V NY
Cherokee Indians for all their lands at possessions east q
the Mississippi river, Claims for spoiaiicns were
and If they not then additional SUI q three hun
dred thousand dollars 70 b. allowed for that purpose
articles.
The second and third supplementary articles as fol-
lows;
Article 2 Whereas The Cherokee people have supposed
that the Of FIVE millions 81 dollars fixed BY the Senate N
their resolution OF day q March, ls az the vans g Inc
Cherokee lands and poesons east OF the Mississippi IiveF
not intended include The amount which may Dc re-
quired them the va,ne OF certain CHARMS winch
many Of their people had against citizens OF the United
S.aes, which suggestion has tsen confirmed by the opinion
expressed the War Department by q The senators
who upon the question and whereas the Preaent Is
willing that this subject should be referred to the Senate for
their consider aion and it NOT intended by the Senate
that the aforementioned OF i've millions oil coiafs
should include the objects herein specified hat in that case
such further provision shoald be made therefor as might APP
pear 10 the Senate 20 be just.
Article g. II il, therefore, agreed that the sam Of SIX
hundred thousand dollars sbsbe and the same hereby,
allowed to the Cherokee people 10 ncnde ts expe.e q
against the the United States nos herein other
wise expressly provided for and be in lieu Of the said res
erystons and prescriptions and OF the Of three hun
bred thousand dollars for poson described IL the LIST art
Gle Of the mentioned treaty OF six hundred
thousand dollars shall be applied and distributed agreeany to
the pravisons Of the ad treaty and any surplus which s
remain removal and payment Of the claims sscer
tain shall Dc turned oFs and belong to the edaea0n
So much Of the sih article Of the treaty Of 1885 i
necessary now to consider ia these words The United
States aso agree sipuate the Cherokees 70
their homes and gnbs them after their ar.
rival ,ere and a sufficient number Of steamboats, and
baggage wagons shs be furnished 10 them comfort
ably and endaager their health, and that ph
esn, well supplied with medicines shah accompany eae
detachment angrans removed by the government Sueh
persons and families as in the opinion g the emgraiing
sgent capable Of uhsssing and removing themselves
shall be permitted TO do and they shall be allowed IN iu
for all caims for The twenty dollars oF each member o.
their family, and ia neuo their years ra,ions they
cents, if they prefer it.'
So much Of the fifteenth article Of the treaty As II inpof
an notice Is follows IL y expressly Understood
and agreed between the parties this treaty mat after De-
Quoting the which shall be actually expended Tor the
paymen. Improvement ferries, claims for spoiatons
ova subistence and debts and claims upon the Cherokee
nation and for the additional quantity OF lands ana goods or
The poorer class of Cheokcss and the several SUMS 70 be IN
vested general funds, provided or IN the sew
srs articles this treaty the balance whatever the same ny
be- shan equally divided between Ell the people belonging
10 the Cherokee nation east according TO the census just com
pleied."
The twelfth article Of tie treaty provides Cor the appoint
Of committee for certain purposes therein mentioned
Ii is to be observed that by the eighth article OF the treaty
odea removal and subsistence provided for the
be effected by the United States, and the other b such
persons and families in the opinion 81 the eigTatins
agent capable Of subsisting and removing themselves
Those pefsons and families be permitted 70 remove
and subs themselves and In that event each OF them
to receive for removal twenty dollars snd for spbssiepea
thty dollars and thIyhree CENTS The effect Ct tbs
article create obligation the part 81 the United
States and uSist all the therokees except suct
might elect ard be permitted in the manner prescrbd q
Rnd atsist themselves. And u obvious q ta tbs
express language Of the eighth article that the amount 70 bt
expended for removal and subsistence limited only when
the latter method Of ami subsistence should Be adopt
ed This article contains provision 70 the party by
whom the expense OF removal and subsistence to be
borne or tire fund out Of which II 20 be paid.
The fifteenth article Of the treaty expressly declares that
after deducng the amount which shah be actually expended
Tor the payment Tor spoiations, removal sub
ssencep &c, the f'balHnce whatever aay be
the Cherokee nation esst according . the just
pleted." This includes in express w0
and snbisteee spaiisons and there for Gaub
anty and nothing LEFT TO construction in regard
that the expense ofrenova snd subsistence well 81 po
son be borne by the fund.- and Il Is equally
clear have ALREADY that II the removal and sub
enct effected end provided for BY the United States
thes he