New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-02-21
WEDNESDAY, 2, 1872
LETTER FROM WASHINGTON.

LETTER FROM WASHINGTON.
The Controller Of the Currency-The In
dian Territory - Contest Between tne
Indians and the Railroads..
Especial Correspondence of the Republican
WASHINGTON, February Is, 1872.
CONTROLLER OF THE CURRENCY.
| Notwithstanding the opposition to HUI
burd's reappointment to the office of Con-
troller of the Currency, and contrary to the
assurance by Secretary Boutwell, that such
reappointment would not be made until the
Banking and Currency Committee had con-
cluded their investigation of Hulburd s
official conduct, he was nominated, and con-
firmed on the sixth instant. Grave charges
against him have been presented to that
committee, supported by record evidence Of
the strongest character. They are, in the
| main, that, for consideration, he pigeon
holed and failed to take action on, the re-
port of bank examiner, showing the rot
| ten condition of the Tennessee National
Bank of Memphis. His defense to the charge
| of receiving a consideration is, acknowl-
edging the receipt of 500 from the presi-
| dent Of the bank, that the money was paid
to him for service In designating suit
able person for cashier. 1t ap-
pears that nearly a year afterward
when the bank could no longer be propped
| up, and it became necessary to appoint
receiver, the person selected by Hulburd
for that purpose was the identical person
/ WI
| the pretext for receiving bribe. Wit
| nesses have been summoned to appear be-
| fore the committee. Among them are John
| Ball, the examiner, who made the examin-
| alton and report alluded to, and James T.
Howenstein, formerly chief clerk of the
| division of reports in the controllers bu-
reau. Mr.. Howenstein's place as such chief
clerk is now occupied by more plant and
less efficient tool All the members of the
House who are cognizant of the facts
alleged, and clearly proved, against HUI
burd are firm for his removal.
THE INDIAN TERRITORY.
The vigorous war now waging before Con-
gress between the Indians who occupy the
Indian Territory and the railroad companies
who seek to deprive them of their lands can
not fail to enlist the interest of all who are
anxious that the integrity of the govern
ment shall remain unimpeachable. We
have entered into solemn compacts with the
Indians, and those compacts we must stand
by against all other considerations than fail
ure on the part of the Indians. No one
uunStioDS tho at would
to our people from the settlement and cult
vation of these lands, and no one denies
that the construction of railroads through
them would greatly facilitate the attaining
of such results. These are considerations
that do not belong to the question. Here is
the fair presentment of the case : whereas,
we have promised, shall we fulfill our prom
ise 1t is nothing more, nothing less.
No fairer spot lies within our borders
than what is known as the Indian Terri
tory. Its northern boundary is the thirty
seventh parallel; andA for all local reasons
its climate is even war; ner and more desir-
able than the latitude would indicate
This fact, with the excellent quality of the
soil, and the abundaBeI of timber and
water, renders ths~Terrispry one of tie
most valuable countries in the Union
There is little wonder that the Indians wish
to keep it. Nor does it surprise US that the
white settler, hunting place for his home.
views with desire the forbidden ground,
and wish that he might pitch his tent
there No wonder that the railroad men.
having beheld its beauty and its value,
have had their plans deeply laid for nearly
a score of years to obtain possession of it.
But whose is the fair prize? Who have
rights there And what are those rights
The fee simple, absolute title to this terri
tory was acquired by the United States
from France by treaty of April 80, 1903.
Most, if not all, the Indian tribes now To-
Gated in the Indian territory formerly
lived east of the Mississippi river. On the
twenty eighth of May, 1880, Congress, after
a protracted debate in both houses, passed
IAN act to provide for an exchange of lands
with the Indians residing in any of the
States or Territories, and for their removal
west of the river Mississippi" This act au-
thorized the President to effect the ex
change, giving to the Indian tribes lands
west Of the Mississippi for the lands they
then held east Of that river, and to cause
patents to be made to the tribes gurantce-
ing their possession, but containing the fol
lowing proviso, which was to be, and is,
part Of each of such patents, viz: THAT
such lands shall revert to the United States
if the Indians become extinct or abandon
the same"
On this act of Congress were based the
different treatise by which the Cherokees,
Choctaws, Creeks, Chickasaws, and NUM-
Der of smaller tribes hold the lands they
now occupy; and the patents by which they
hold were issued not only in pursuance of
the treatise, but of the deliberate act of the
law-making power.
Take the case of the Cherokees. By the
treaty with them of May 6, 1928, seven mil
lions of acres Of the land they now hold were
stipulated to be given to them for home.
But this and similar transactions with some
of the other tribes lacked the sanction of
law. Congress, to heal this defect, and
to authorize other arrangements of the same
kind in the future, enacted the law of May
%, 1880, quoted above. On the twenty !
ninth of December, 1885, another treaty
was made with them, which stipu-
lated that the Cherokees were to have |
total of l3.374,l35 acres, in which
was included the 100000 acres spoken |