New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-12-25
VOL. XXXV... NO lO.S3S
WASHINGTON.
A PART OF GEN. CowENs RECORD

A PART OF GEN. COWENo hE0v'o"
GRy THE ARKANSAS COLLEGE LAND SCRIP WAS RE-
r.1Srp ny THE INTERIOR DEPARTMENT-ACT1oN
ny CORNERSTONE. cowEN's DELIVERY OF THE
SCRIP.
,ysom THE REGULAR CORRESPONDENT or THE rRIBuSE.I
w.suINGTov Dec. 23.-tInder the act of July z,
1890 the State Of Arkansas became entitled to re-
eeye from the United States Agricultural College
land scrip covering 10000 acres. Twenty or thirty
Gears ago the Government of the United Statesln-
yested certain Indian trust funds in Arkansas State
bonds, on which the State has failed TO pay any
thing, either principal or interest. Since the war
,ome of these bonds with the accrued interest have
been refunded in new State bonds upon which, be-
Ieve the interest has been paid but certain part OF
them belonging TO the Chickasaw tribe have not
been provided for and the Secretary of the Interior
very properly refused to deliver to the authorities OF
the State Of Arkansas any of its Agricultural College
sorip until the payment of these Chickasaw bonds
was secured.
Dnring the second session Of the XLIId Congress,
IN 1872. the representatives of Arkansas, having
failed 10 induce the Secretary of the Interior to give
them the scrip caused bill to pass the House per
emptorily directing him to do When this bill
was favorablv reported in the Senate from the Com
rnittee on Public Lands Mr.. Harlan called attention
10 the facts above recited showed that the passage
Of the bill would remove from the custody OF the
Secretary of the Interior the only security he had
against the State for the payment of its worthless
bonds and added: 1.-The Secretary of the Interior
has written letter advising that 1t should not ne
DONE but if the Senate think dlferently,let IL De
done Understandings" Mr.. Morrill, of Vermont
then moved the following proviso as an amendment,
and il was agreed to-:
prd,d That no scrip as aforesaid shall be delivered
a the authorities the state Of Arkansas unl SAID
State shall have made some Satisfactory S ineresf
he
now fed by the United states as indian tr4st ih u.s.
shall funded in bonds authorized 10 Dc ssueo u!
said State for this purpose
The bill as thus amended went back to the House.
and the amendment was concurred IN without oppo-
bition. All this happened on the last day OF the
session, June 10, 1872 and at so late an hour that
there was no time to have the bill enrolled, signed
by the presiding officers of both Houses and pre-
scented the President before the hour fixed for the
adjournment arrived. The bill therefore went over
until the next and was one OF the hrSt then
signed by the President. The date of his approval
of it was December 10, 1872. In the
mean time, between June 10, 1872, and Dec IL,
1872 the BILL although it had passed both Houses
of Congress and was morally to receive the APP
proval of the President, did not have the force OF
law although, containing as it did an expression OF
the will of Congress- it ought to have been binding
on the Executive Departments of the Government
IL ii was not technically law, it certainly had all
the force of a concurrent resolution which no public
official would dare to dsobey. 1t gave especial no.
tce to the Secretary of the Interior that Congress
approved his course in Withholding the scrip until
the State of Arkansas made satisfactory settle
ment of her dshOnored bonds, and proposed to give
that course the sanction of specific law.
II the Interior Department held on to the scrip as
It had been doing for years until Congress met again.
and the President signed the BILL the security for
the Indian trust funds would be made permanent
md then the State of Arkansas would have choice
of two to refund her worthless bonds
OF relinqush her claim to the scrip. This was the
only proper and honest course to pursue, and no
subordinate of the Department would have dared to
do otherwise. Indeed, there at that very time
on file in the Land Office official letter from Sec
rotary Delano, dated May 1, 1871, forbdding the
issue Of this scrip until directions came from the
head of the Department. But the representatives
Of the State Of Arkansas bent on securing that
scrip, and they did not intend to make any arrange
ment for refundng the worthless bonds of the State
In order to do So it was necessary that they should
get possession Of the certificates before Congress
met After that this law would prevent 1T.
What means they used / do not know, but the
records Of the Land Office do show that on the Odd
of October. 1872, Gen. Cowen, then acting as Sec
rotary Of the Interior in Mr.. DelanOs absence, Or
dered Willis Drummond, Commissioner Of the Gen
era Land Oce, to deliver the scrip 10 the state ana
take receipt therefor. On the same day, G. F.
Lewis of Cleveland, Ohio, appeared at the Land
Office with power Of attorney from Henry Page,
State Treasurer Of Arkansas and received 937 Ger
tifcates of Agricultural College scrip On behalf of
that State.
OF course no provision made for refunding the
Indian Trust Fund bonds and when the law by
which Congress supposed it had secured them went
upon the statute book, the security had by the act
of Assistant Secretary Cowen, passed beyond the
control of the United States authorities Congress
had placed the lock on the barn door and delivered
the key the President, but before he had time to
turn it the horse had been stolen. and it had been
led out and delivered up by the very man who ought
10 have stood jealous guard over it until the door
was securely locked. The worthless Indian Trust
Fund bonds are still in the possession of the Interior
Department and there is danger that the State OF
Arkansas will now make any provision for redeem
Ing them. Would il not be proper for Congress now
10 put Gen. Cowen upon the witness stand and let
him explain what induced him to issue his order Of
Oct. 23 1927 Were the considerations political
H Of a different characters