National Republican. (Washington City (D.C.)) 1872-1888, 1873-01-24


whatever was awarded, the Choctaws were to
receive In full satisfaction Of all claims, national
and individual, and, to bind and crownthe whole,
II was added, at being expressly understood
that the adjudication and decision Of the Senate
shall he fnal"
ThIs was on the qqd Of June, 1885. ON the 9th
Of March, 1859, the award was made. Il awarded
TO the ChOctaws the net proceeds Of the ceded
lands, with certain deductions, including all
moneys paid them, and all scrip Issued this estl
mated at il.9b per acreD and 19JI cents per acre
for the residue OF said lands.
The Solicitor Of the Treasury, at the instance
One-sidcd statement Of various extracts from
papers that existed before the treaty Of 1855,
aud then were, US they are now, Of record or on
o, VIZ ~ ~. ,nv I pgPhuraen,5 ., tne uoyernment.
sible then as they are now. The undersigned
recognizes them as old acquantanCes. They
were all urged against him and the other dele.
gates who negotiated the treaty. They were all
urged and met before the Committee Of Indian
Analra OF the Senate. They were the cease Of
the United states; and every issue that they
raised was disposed Of by the adjudication and
decision Of the Senate The treaty was made
upon full knowledge Of the whole; the award
was made upon full knowledge Of the whole, and
Of much more; for the ChUCiaws had a ''caser
nnal.
For all reply to all these matters, the Choc-
tAw people, by their delegates, refer the
Congress Of the United States TO their case as
presented At the time, and 10 the report Of the
Committee Of the Senate on which the award
was made, which are lad before II with this
communication.
the Choctaw people decline to discuss again
matters disposed Of by the award. The solicitor
general has made no new discoveries, anil pre-
sents no questions nOtiong ago settled. All that
preceded the award Is beyond his reach. The
time for the general resurrection Of the dead has
not yet come.
The Choctaw nation aud people do therefore,
hereby formally rely upon and plead a. fnal and
conclusive as TO their right to the net proceeds
Of their lands, with the deductions specified, and
to the price per acre fixed for the residue, the
award, adjudication and decision Of the Senate
OF the United States.
They might with ease point out the suppression
OF matters equally well known and accessible,
not In favor Oi the United States, and not al,
yerted to by the Solicitor Of tho Treasury; and
with ease cOnfute all his material conclusions;
hut to engage In that, even to replying to single
point Of fact, would be 10 COncede that the
United States may now impeach and 20 behind
the awart on the ground that II was contrary to
the evidence.
States upon the simple proposition that tho
awarl cuts on all such inquiry that II IL nnal,
absolutely concludes aud cstops the United
States as 10 all matters that went before. II II
II not, no judgment Of any court, no awartl, no
treaty, no act OF Congress, no oaths, would be
worth TO the ChOctawa the paper on which they
might he written. There can be no nnallty, II
there IA no nnallty already
The Solicitor of the Treasury argues that
neither House OF Congress, after the award was
made, considered the previous action Of the
Senate In making the award In favor OF the
ChOctaws, as board Of referees, as binding
The whole matter was submitted "fOr adludGa-
ton to the Senate; and the treaty provided that
"the adjudication and decision" OF tho Senate
should be final. The phrase "a board OF referees"
is n deStrous, but not q ialr one. The word ad-
Indication has precise technical meaning, and
was no doubt used to give the strongest nssur-
ance possible OF nnalty. The Senate was made
a tribunal, to give judgment, and that In the last
resort
The lnallty Of the awarl was never disputed
by either body Of tho Congress. II could not but
he final. The Senate, having made II, was no
longer arbitrator. Its functions as such then
ceased; and 1t could not revise Its action with.
out new authority. so your own courts hold
| In cases between individuals. Between nations
| the law IA the same. Aud the Senate treated II
Us tnal, by directing the account under Il TO be
reported, not to itself, but to Congress aud II
was reported to both Houses. After that Il I
only matter Of DISPUTE was as to the correctness
| OF tho account What individual members VI
Congress said is little TO the purpose.
The Choctaw people understand II to be Ger
talnly the law, that the United States cannot, by
any legislative action, open or In any way affect
the award. They may refuse to pay, as any man
may refuse TO pay, alter flnal Judgment; hui
that Will not In the least touch Its life, and II viii
none the less remain solemn and final Judg.
IN mt.
They understand that II cannot he set aside By
judicial tribunal, on any Of the grounds on
which the Solicitor proposes to lmpeaGh IL. II
concluded the matters In controversy and passed
upon and settled all OF them;
| When tho Secretary Of the Treasury advises
Congress not TO pay the award, he advises II tc
annul rights because they have the power to dc
II, and to violate pledges rs strong as any nation
can give.
| In your controversies with foreign nations, you
rely upon the authorities Of publlclsts-Of yattel
Grotus, PuiendOrf aud OtheTB, who expound
| the law OF nations. Nattel, a safer adviser fol
those who are Jealous Of the national honoi
than the solicitor Of the Treasury, thus