Indian chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1882-1902, 1884-03-06
The Cherokee Annuity.


the charges of Boudinot respecting
the so 500 paid out Of the $780,
GOO fund appropriated for the Cher
okees at the last session of Con-
eress, which have been so POM
pously paraded against Col Phil
lips, Chief Bushyhead and the
Cherokee delegation, have not
been sustained. But few hare ever
supposed shat they would be, OF
that the movement was f3r any
other purpose than to strike a blow
z the Cherokee Nation and Its
friends, and possibly reap the re-
ward Of the informer, or the pros
ccutor as he is called In this case,
which would be half Of the sum
above stated, or s11 ESQ.
WAsHrsGron, DC, Feb. 27.-E:
Boudinot has failed IN sustaining
his charges against Phillips,
who received Sc, 800 from the
Cherokee Indians for procuring
: for them an annuity of 500. 600.
The correspondence on the subject
Is quite lengthy, and dates back 70
Dec 1883, when W -H-H. Clayton,
United States Attorney for the
Western District of Arkansas, ad-
dressed the Attorney General, IN
closing letter rsce:ved by him
from Col. BOudinot- After review
ing the charge Mr. Clayton says;
rThe contract by which Phillips
was TO receive the So. 500 was not
approved, as provided by section
2i6S ofthe Revised Statutes, which
provides for a civil action. one half
to 90 TO the party prosecuting
Under this section Col ROudin0t
has brought suit In the District
Court for the Western District Of
Arkansas, I suggest If it meets
with your approval that the con-
mencement OF the criminal act DC
be postponed until the civil action
already brought develops the trI:Jh
Of the charge" Section 2105 makes
such a contract on the part Of
Phillips 8 misdeneanor, punish
able with fine and imprisonment,
Mr.. Clayton also asked that the
matter be laid before the Secretary
Of the Interior
SECRETARY TELLER's RESPONSE.
The matter was then referred BY
the Attorney General TO Secretary
Teller, who, IN response, quotes
the act Hthat the sum ofS300, 600 is
hereby appropriated to be paid into
the treasury of the Cherokee Nation
out Of the funds due under appraise-
meni for Cherokee lands west OF
the Arkansas River, which sums
shall be expended as the acts of the
Cherokee Legislature direct This
amount to be Immediately available
provided that the Cherokee Ma
tion, through It's proper anthori-
ties. shall execute conveysnces
satisfactory to the Secretary Of the
Interior Of the United States, in
trust only, for the benefit Of the
Pawnees, Poncas, Nez Perces, ,Ot0es
and Missouris and Osages, now oc-
cupying said tract, as they respect
lively occupy the same, before the
payment Of said money. On the
izth CT June last, under the pro-
vision Of said act. deeds were duly
executed by the Cherokee Nation
70 the United States In trust for
the several tribes as hereafter
stated, and thereupon requisition
was drawn on the Secretary Of the
Treasury for the amount 10 be paid
In favor of the Treasurer Of said
nation. / understand that the
money was paid by warrant on the
Assistant United States Treasurer
at ST. Louis The Interior Depart
ment was not charged with the d.s-
tribution of this money, and can
have no control over il, / do not
know whether any portion Of il
was paid to Mr. Phillips or not.
The act making the appropriation
declares il shall be expended as the
act Of the Cherokee Legislature di-
rects. / can't see under this pro-
visicn how the Treasurer OF the
Nation can settle his accounts for
the money paid out, unless be has
paid the same by authority Of the
Legislature of the Nation"
THE CHARGE SWORN TO.
Col. Boudinot then made the
charge, duly sworn to, TO the At
torney General who again address
ed the secretary of the Interior,
stating that the ~speciic violation
of the statute consists IN Mr..
Phillips having entssed into q
contract with certain Indians. not
citizens, for the Payment 10 him Of
a eertsin sum Of money, without
your approval, and that Phillips
has since received under the con-
tract from the Indians So, 800. -
and then asked If the contract had
been approved. Secretary Teller
replied: i understand Mr.. Phillips
alleges that he never made such
q contract. and there is nothing in
the Interior Department to show
that such a contract was made.
If such a contract was made il was
not approved, as required by law I"
The Attorney General closed in a
letter TO Col Bondinct, in which he
says; TI understand that Mr..
Phillips denies the fact Of the con-
tract While Iagree with you that
It is incumbent upon the United
States Attorney TO prosecute upon