Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1871-01-31
ITO the Associated Press.1
WASHINGTON, Jan. &c
TNnTAN MArpEDG

WASHINGTON, Jan. 30.
INDIAN MATTERS.
| To the Senate and House Of Representatives:
l transmit, herewith an official copy of the
| proceedings of the council of Indian tribes held
at Ockmulgee, in December last, which resulted
in the adoption of Il declaration of rights and a
constitution for their government, together with
a copy of report of the commissioner of In
dian affairs and the views of the secretary of
the interior thereon. 1t would seem highly de-
sirable that the civilization of the Indians of
the country should be encouraged, in establish
ing for themselves form of territorial govern
ment compatible with the constitution of the
United States, and with the previous custom
towards communities lying outside OF state lin
its. | concur in the views expressed by the
secretary of the interior, that it would not be
advisable to receive the new territory with the
constitution as it is now framed.
So long as territorial form of government is
preserved, congress should hold the power of ap-
proving or disappearing of all Legislative action
of territory, and the executive should with
the advice and consent of the senate, have the
power TO appoint a governor, aid the judicial
officers and, if possible, some others of the terri
tory. This is the first indication of the abort
glnes desiring to adopt our form of govern
ment, and it is highly desirable that they be-
come self-sustaining, selfreying, Christianized
and civilized. If successful, in this, their first
attempt at territorial government, we may hope
for gradual concentration of other Indians in
Inc HSW leTTltOIy. L, therefore, recommend as
close adherence TO their wishes as is consistent
with safety.
1t might be well to limit the appointment of
all territorial officers appointed by the executive
to native citizens of the territory. If any ex-
ceptions are made TO this rule, would recon-
mend that it should be limited to the judiciary.
1t is confidently hoped that the policy now being
pursued toward the Indian will fit him for self
government, and make him desire to settle
among the people of his own race, where he can
enjoy the privileges of a civil and enlightened
government. U. S. GRANT,
EXECUTIVE MANSION, Jan. 80, 1871.
DECORATION DAY.
The senate military committee to-day agreed
to report adversely on the bill making the Both
of May, Decoration day" national holiday.
THE HOUSE JUDICIARY COMMITTEE
VIII report unfavorably on Mr.. Loughridge's
recent bill giving certain states additional rep
reservations in the 43d congress, and has now
pending motion by Mr.. Eldridge to reconsider
its vote to report a bill for Il division of Texas
into two judicial districts. This is, in effect,
legisating Judge Duva out of office.
THE SUPREME COURT
To-day reversed the decision of the Massachu-
sets circuit court in the case of the Merchants
national bank, Boston, against the State nation
al bank of that city, thus deciding the important
question whether a bank is Obliged to make
good checks certified by its cashier. Justice
Swayne delivered the opinion from which Justices
Clifford and Davis dissented in which he held
that all the facts should have been submitted
to jury; and, on authority of the cashier to
bind the bank by bis acts, he says, in substance
that, by all authorities English and American,
a check may be accepted, and that, by the law
of merchants in this country, certifcation by a
bank that check is good is equivalent to ac-
ceptance, and undertaking that it shall be good.
This agreement is as binding in banks us notes
of circulation, and the transferer of such check
takes it with the same sense of security that he
would notes of the bank.
Certifying, the bank, it is said, without doubt,
intended these consequences, and is accordingly
liable TO hold; otherwise it would render these
important securities a snare and deuson
The power conferred on the cashier invests him
with the same authority TO certify a check as he
has to receive deposition, as the power is in
herent in the office. The cashier is the execu-
tive officer of the bank, and conducts all its
financial operations, and persons dealing with
the bank have right to rely upon the integrity
OF its officers when acting within the apparent
sphere Of their duties, and the bank is bound
accordingly. The amount involved in the suit
is 100000, and the checks were those of Melen,
Wand & Co.
GEN. BUFFERS FENIAN RESOLUTION
Will be called up in the senate, by Mr.. Fenton
tomorrow, and, if adopted, the president will
send a special messenger to New York. to in
form the eXiles of the action of congress.
committee OF the United lrishmen organization
has been here several days, advocating the pas
sage of the resolution.