THIRTIETH CONGRESS— FIRST SESSION.' c % Ex. Doc. No. 65. HOUSE OF REPRESENTATIVES. CHEROKEE INDIANS. MESSAGE OF THE PRESIDENT OF THE. UNITED STATES, TRANSMITTING Ji communication from the Secretary of War, and a report from the Commissioner of Indian Affairs, in relation to the Cherokee Indians. May 20, 1848. Referred to the Committee on Indian Affairs, and ordered to be printed. To the Senate and House of Representatives : I transmit, for the information of Congress, a communication from the Secretary of War, and a report of the Commissioner of Indian Affairs, showing the result of the settlement required by the treaty of August, 1846, with the Cherokees, and the appropriations requisite to carry the provisions of that treaty into effect. JAMES K. POLK. Washington, May, 19, 1848. War Department, May 18, 1848. Sir: I have the honor to submit, for transmission to Congress, for the information of that body, and in order that the requisite appropriations may be made, a report of the Commissioner of In- dian Affairs, in relation to the settlement required to be made with. the Chero'kees, by the treaty with them of August, 1846, and showing the amounts yet necessary to carry the provisions of that treaty into effect. Very respectfully, your obedient servant, W. L. MARCY, Secretary of War* To the President. 2 Ex. Doc. No. 65. Report of the Commissioner of Indian Affairs to the Secretary of War, communicating the result of the settlement with the Chero- keesj required to be made by the treaty of August^ 1846. War Department, Office of Indian Affairs, May 10, 1848. Sir: By the ninth article of the treaty with the Cherokees, of August, 1846, " the United States agree to make a just and fair set- tlement" with those people, under the treaty of New Ecbota, of December, 1S35, which " shall exhibit all money properly expended under said treaty, and shall embrace all sums paid for improve- ments, ferries, spo'iations, removal, and subsistence, and commu- tation therefor, debtsand claims upon the Cherokee nation of Indians for the additional quantity of land ceded to said nation, and the seve- ral sums provided in the several articles of the treaty to be invested as the general fund of the nation.; and also, all sums which may be hereafter properly allowed and paid undei the provisions of the treaty of 1835. The aggregate of which said several sums shall be deducted from the sum ot six millions six hundred and forty- seven thousand and sixty-seven dollars, and the balance thus found to be due shall be paid over, per capita^m equal amounts to all those individuals, heads of families, or their legal representatives, entitled to receive the same under the treaty of 1835, and the sup- plement of 1836, being all those Cherokees residing east, at the date of said treaty, and the supplement thereto." It was the desire of the department to have this settlement made in time to submit the result to Congress at the last session; and an investigation of the various points involved was commenced with that view. As, however, it was to include all sums which might, after the treaty of 1846, be " properly a llowed and paid under the- provisions of the treaty of 1835," and claims to a large amount under that .treaty were under investigation by commissioners ap- pointed under its 17th article, it was necessary to await the result of the final action of those commissioners, in order to embrace any allowances made by them, and chargeable to the funds on hand under the last mentioned treaty. There were also numerous claims which had been presented for commutation of removal and subsist- ence, by Cherokees who had emigrated and subsisted themselves ; and which, if allowed, would have to be embraced in the settle- ment. Time was required for collecting information in relation to these claims, and for their proper investigation. In consequence of these and other circumstances, the desire of the department could not be accomplished. In the third article of the treaty of 1846, it is stated that li cer- tain claims have been allowed by the several boards of commission- ers heretofore appointed under the treaty of 1835, for rents, under the name of improvements and spoliations, and for property of which the Indians were dispossessed, provided for under the 16th article" of that treaty; and that "a further amount has been allowed for reservations under the treaty of 1835 by said commissioners;"" and it is assumed that the amounts thus allowed, together with Ex. Doc. No. 65. 3 u the expenses of making the treaty of New Echota," were wrong- fully paid out of " the $5,000,000 fund" under that treaty; and, therefore, the "United States agree to reimburse the said fund the amount thus charged to said fund, and the same shall form a part of the aggregate amount to be distributed to the Cherokee people, as provided for in the 9th article of this treaty." The statement in regard to the expenses of making the treaty of New Echota is an error; they were not paid out of " the five mil- lion fund," but from a special appropriation therefor made by Con- gress on the 2d July, 1836. See Laws United States, vol. 9, page 453; and it remains to be seen how far, upon a proper classifi- cation and arrangement of the expenditures under the treaty of 1835, with reference to the appropriations for carrying it into effect j the other objects above referred to can properly be considered as having been paid out of that fund, and the United States bound to reimburse the amount. In making the expenditures under the treaty of 1835, but little, if any, attention appears to have been paid to the heads of appropria- tion from which the money was taken. Thi funds stipulated in the treaty, and the additional amounts granted by the supplement and by appropriations of Congress, seem to have been regarded as one general aggregate fund, out of which all the expenses of carrying the treaty into effect were to be paid; and that it therefore made no difference whether the money for any one object came from the ap- propriation for that object or from anothor. In this way payments were made out of the " five million fund," for objects intended to be met by the additional amounts allowed and appropriated as above, and the reverse. This has led to much misunderstanding and error, which would have been cleared up on a proper final set- tlement under the treaty of 1835. And in order now to render the whole subject plain, and susceptible of being easily understood, it is necessary to set forth the various objects of expenditure under that treaty, the funds provided to meet them, to what extent they were to be paid for by the United States and the Cherokees, respec- tively, and how far, on a proper classification of expenditures, with, reference to the funds belonging to the Cherokees, and those pro- vided in addition by the government, this may be regarded as hav- ing been done. The account thus stated will be a "just and fair settlement" under the treaty of l835-'6, as required by the 9tb article of the treaty of 1846. By the first article of the treaty of 1835, the Cherokees, for and in consideration of the sum of $5,000,000, cede, relinquish, and convey to the government "all the lands owned, claimed, or pos- sessed by them, east of the Mississippi river; and hereby release all their claims upon the United States for spoliations of every kind." By the 15 1.. ai tide, it was expressly understood and agreed "that, after deducting the amount which shall be actually expended for the payment for improvements, ferries, claims for spoliations, re- moval, subsistence, and debts, and claims upon the Cherokee nation, and for the additional quantity of lands and goods for the poorer class of Cherokees, and the several sums to be invested for the gen- 4 Ex. Doc. No. 65. eral national funds, provided for in the several articles of this treaty, the balance, whatever the same may be, shall be equally divided between all the people belonging to- the Cherokee nation, east, according to the census just completed." The various articles of the treaty of 1835-'6, embracing the ob- jects specified in the 15th article, are as follows: By the 9th article " the United States agree to appoint suitable agents, who shall make'a just and fair valuation of all such improvements, now in the possession of the Cherokees, as add any value to the lands; and also of the ferries owned by them, according to their net income; and such improvements and ferries from which they have been dis- possessed in a lawless manner, or under any existing laws of the State, where the same may be situated." The claims for spoliations are thus provided for in the last clause of the tenth article: "The sum of three hundred thousand dollars is hereby set apart to pay and liquidate the just claims of the Cherokees upon the United States for spoliations of every kind that have not been already satisfied under former treaties." By the first article of the treaty, the question was to be submitted to the Senate whether this charge was to be borne by the Cherokees, out of the consideration for the lands, or by the United States. Removal and subsistence are provided for in the eighth article, as follows: "The United States also agree and stipulate to remove the Cherokees to their new homes, and to subsist them one year after their arrival there, and that a sufficient number of steamboats and baggage wagons shall be furnished to remove them comfortably, and so as not to endanger their health, and that a physician, well supplied with medicines, shall accompany each detachment of emi- grants removed by the government. Such persons and families as, in the opinion of the emigrating agent, are capable of subsisting and removing themselves, shall be permitted to do so; and they shall be allowed, in full for all claims for the same, twenty dollars for each member of their family; and iri lieu of their one year's rations, they shall be paid the sum of thirty-three dollars and thirty-three cents, if they prefer it." The last clause but one of the tenth article provides that "the United States also agree and stipulate to pay the just debts and claims against the Cherokee nation held by the citizens of the same, and also the just claims of citizens of the United States for services rendered to the nation, and the sum of sixty thousand dol- lars is appropriated for this purpose; but no claims against indi- vidual persons of the nation shall be allowed and paid by the na- tion." The Attorney General decided that, according to a just con- struction of this clause, the $60,000 thus set apart was applicable only to claims of citizens of the United States against the nation, and could not be exceeded for that purpose, but, if insufficient to embrace all just claims of that character, it must be rateably di- vided among the claimants. See Attorney General's opinions, pp. 1113-'14. This construction is no doubt correct, the object being- to fix a limit to the amounts to be paid for debts alleged by white Ex. Doc. No. 65. 5 persons against the nation. The debts due their own citizens, to be paid out of the general fund, were left without any such limit. The compensation for the additional quantity of land to be added to the Cherokee country west of the Mississippi, is fixed in the last paragraph of the second article at $500,000. By the last para- graph of the twelfth article, the sum of $100,000 was to be expended for the goods for the poorer class of Cherokees, referred to in the fifteenth article. "The several sums to be invested for the general national funds" are specified in the tenth article, as follows: $200,000 "to consti- tute a general fund;" $50,000 "to constitute an orphans' fund," and $150,000 "to constitute a permanent school fund" — in all $400,000; to which the last clause of the fourth article of the sup- plement transferred and added the $100,000, set apart by the last clause of the twelfth article of the treaty for "the poorer class of Cherokees," thus making the amount to be invested out of the con- sideration for the land, as general national funds, five hundred thousand dollars. As the treaty originally stood, when negotiated, it is evident that it was the intention that all the objects specified in the 15th. article, (unless the Senate should determine otherwise with regard to spoliation,) were to be provided for out of the " five million fund." It is true, that in several of the articles of the treaty that have been quoted o: referred to, the government stipulated to do certain things involving expenditure; in the eighth, to remove and subsist the Cherokees for one year, and in the tenth, to pay the just debts and claims against the Cherokee nation, &c; but these were not to be at the expense of the United States, for the 15th. article expressly provides that the amounts expended for them shall be deducted from the general fund of $5,000,000. In all such cases, the United States were to perform the acts and to make the expenditures, as the agents or trustees of the Cherokees. Wherever it was intended that the government should bear the expense of any object, it is so specifically provided. If there were any doubt as to the objects to be paid for out of the Cherokee fund, it would be dissipated by the correspondence with the head men of the nation about the. time the treaty was ne- gotiated. See House Doc. No. 286, 1st session 24th Congress, and Senate Doc. No. 120, 2d session 25th Congress. The first of these documents contains the projet of the treaty of 1835-6, as it was agreed upon with the delegation of Cherokees in this city; and al- though, in the negotiation, this projet was slightly altered in some of the details, it shows clearly the objects to which the $5,000,000 to be given for the lands — or rather as the difference in value be- tween them and those assigned to the Cherokees west — was to be applied. See the schedule at page 39, which specified those ob- jects, among which were removal and subsistence. In the latter document, pages 97 to 104, are the instructions of the Secretary of War to the commissioners appointed to negotiate the treaty, and at page 108, a letter to Messrs. Underwood and Ridge, in which it was stated, by direction of the President, that " no proposition for 6 Ex. Doc. No. 65. a treaty will hereafter be made more favorable than those now offered to them." The first of the supplementary articles to the treaty of 1835, de- clared void the pre-emption privilege stipulated in the 12th article of that treaty, and the grant of reserva'.ions in the 13th article. The first article of the treaty and the second of the supplement, provided for the submission to the Senate, for decision, the question whether the $5,000,000 granted for the lands was to include the $300,000 specified for spoliations, the cost of the removal of the Cherokees west of the Mississippi, and "the value of certain claims which many of their people had against citizens of the United States." If not, then additional provision was to be made for those objects. Hence the 3d article or the supplement, which stipulated that "the sum of six hundred thousand dollars shall be, and the same is hereby, allowed, to include the expense of their removal, and all claims of every nature and description against the govern- ment of the United States, not herein otherwise expressly provided for, and to be in lieu of the said pre-emptions and reservations, and the sum of three hundred thousand dollars for spoliations, de- scribed in the first article of the treaty." On the 12th June, 1838, Congress appropriated the further sum of one million forty-seven thousand and sixty-seven dollars, "in full for all objects specified in the third article of the supplemen- tary articles of the treaty of 1835, between the Cherokee Indians and the United States, and for the further object of aiding in the subsistence of said Indians for one year after their removal west: Provided, That no part of the said sum of money shall be deducted from the five millions stipulated to be paid to said Indians by said treaty." A hundred thousand dollars were, at the same time, ap- propriated " for satisfying all claims for arrearages of annuities, for supplying blankets and other articles of clothing for the poorer classes of Cherokees who are not able to supply themselves, and for medicines and medical assistance, and for such other purposes as the President shall deem proper to facilitate the removal of the Cherokees." Thus, to the $5,000,000 granted to the Cherokees by the first article of the treaty of 1835 for all their lands and possessions east of the Mississippi, the United States afterwards added the further sum of $1,647,067, making in all $6,647,067. The $5,000,- 000 was liable for all the objects enumerated in the 15th article of the treaty, except spoliations, viz: improvements, ferries, removal, subsistence, debts and claims against the Cherokee nation, the amount to be deducted for the additional quantity of lands to be given to the Cherokees west of the Mississippi, and the amounts to be invested as a national fund. The $60U,000 granted by the 3d article of the supplement was to be in lieu of the rights to pre- emptions and reservations provided for in the 12 h and 13th arti- cles of the treaty, and declared void by the first article of the sup- plement, and, of the $300,000 stipulated for spoliations by the first article of the treaty, was to be applicable to the expenses of re- moval, and was to include " all claims of every nature and descrip- Ex. Doc. No. 65. 7 • tion, against the government of the Uniterl States, not herein otherwise expressly provided for." The $1,047,067 was to be " in full for all objects specified in the third article" of the supplement, and for the additional purpose of aiding in the subsistence of the Cherokees for one year after their removal. With respect to the objects to which the $5,000,000 was applicable, there can be no question, as they are specifically named; but about those embraced in the $1,647,067, and the intention and effect of the grant of this additional sum, there has been, in the minds of many, much doubt and misunderstanding. It has been contended that, in making this grant, the United States assumed the whole expense of the removal and subsistence of the Cherokees, and thereby relieved the five million fund from any charge for those objects. This, however, was not the case, and has never been so considered by the depart- ment. The question was raised whether the spoliations, the cost of re- moval, and claims which many of the Cherokees had against the United States, were to be paid for out of the consideration money for the landt:. This question having been submitted t.) the Senate, it was agreed to allow the additional sum of $600,000 towards those objects, and in lieu of the annulled grant of pre-emptions and reser- vations. This was not an assumption by the government of the whole cost of removal and of all the spoliation and other claims against the United States, but only an extension and increase of the consideration money, with reference to those objects. Had the former been intended, an estimate would have been made of the probable cost of removal, and of the probable amount of the claims, (except the spoliations, which were limited by the treaty to $300,000,) in order that the additional amount to be allowed might be made to embrace all; but this was not done. It was a compromise between the government and the Cherokees, by which matters in dispute were finally arranged and settled; the latter contending that the former should pay the amount fixed upon for the spoliation claims, over and above the sum agreed upon for the lands, and giving up, for a further pecuniary consideration, the right to pre-emptions, and the grant of reservations, and all other claims "not hesein otherwise expressly provided for," and the government agreeing to add a further sum for these objects, and to aid in defraying the expense of removal. It was, in effect, an increase of the consideration money granted, and an addition of other objects to those specified in the 15th article of the treaty, to be paid for by the Cherokees out of that consideration. On this point, and as to the object and intent of the further allowance of $1,047,067, made by the act of June 12th, 1838, without adverting to ocher ample evidsnce to the bame effect, it is deemed sufficient to present the following views of the commissioners appointed by the President, in July, 1846, to inquire into the difficulties then existing among the Cherokees, and all matters in dispute between them and the United States; who, under a subsequent appointment, negotiated the treaty of 1S46, and whose report and conclusions, in a great measure, foimed the basis of that treaty. 8 Ex. Doc. No. 65, Those commissioners say, "that nothing more was intended to be paid by the United States tor the possessions of the Cherokees, east of the Mississippi, than the sum of $5,000,000, is rendered certain by the letter of General Cass, Secretary of War, dated March 7, 1835, in reply to the delegation headed by John Ross. That dele- gation, under date of March 6, 1835, inquire of General Cass, 'whether we are to understand from your communication of this date, that the five millions resolved by the Senate should be paid to the Cherokee Indians for all their land and possessions east of the Mississippi river, as embracing also the expenses of trans- portation and subsistence in removal, and for subsistence for twelve months after their arrival at their new homes, for blankets, guns, &c; or whether that sum is an offer, as really appears from the res- olution to be, only for the extinguishment of the Cherokee title to lands east of the Mississippi river, and for the houses and improve- ments of the Cherokee inhabitants situated thereon; and that the United States will in addition p2y the expenses of transportation and subsistence in their removal,' &c. To which General Cass re- plied, that 'the sum of $5,000,000 which is offered for your claims east of the Mississippi will, as I have already informed you, be in full for your entire, cession. The application of it will be such as you desire; a just regard being had to individual rights. Nothing more will be paid for removal, or for any other purpose or object whatever. In giving to you the full value of your property, the United States comply with all the demands of justice upon them.' "Thus, so far, there could be no misunderstanding as to the pur- poses of the United States, in reference to the amount, to be paid for the lands of the Cherokees east of the Mississippi, nor as to the objects to which it was to be appropriated. " The talk sent by General Jackson to the Cherokee people, un- der date of March 16, 1835, takes the same view of the subject, and mentions generally the objects to which the money is appro- priated. (See House doc. 286, 1. ses. 24. Cong., pp. 41, 42, and 43.) " We have thus shown what v:as the understanding of the parties in reference to the matter prior to the treaty of 1835. We now come to the treaty, and we find the same understanding substan- tially recognized, although varied in some not essential particu- lars. In the 15th article of that treaty it is expressly acknow- ledged and agreed that ' the amount which shall be actually ex- pended for the payment for improvements, ferries, claims for spo- liations, removal, subsistence, debts, and claims upon the Chero- kee nation, and for the additional quantity of lands, [the 800,000 acres to be added to the country west of the Mississippi,] and goods for the poorer classes of Cherokees, and the several sums to be in- vested for the general national funds, provided for in the several articles of this treaty,' shall be deducted from the purchase money, and the balance, whatever it may be, shall be divided equally be- tween all the people belonging to the Cherokee nation east, accord- ing to the census then just completed. "An additional sum of $600,000 was added to the $5,000,000 by Ex. Doc. No. 65. 9 the third supplemental article of the treaty; and the further sum of $1,047,067, appropriated by the act of June 12, 1838, for re- movals, subsistence, &c, as before stated, all which constituted one general sum of $6,647,067, upon which the sums expended for the objects recapitulated in the loth article of the treaty were chargeable. ".It is now argued by the counsel for the western portion of the Cherokee people, including the Ross and treaty parties, that, inas- much as the sum o' $1,047,067, appropriated by the act of June 12, 1838, was given by Congress for removal and subsistence, the United States thereby assumed those two items of expenditure, and of course, relieved the five million fund from any charge for those two objects. " To put an end forever to that argument, the undersigned copy from the report of Judge White, Senate doc. 466, 2d sess. 25. Cong., before referred to, the following extract: "They believe the five millions of dollars, given by the treaty, as the difference in value between the countries exchanged, and the six hundred thousand dollars before mentioned, allowed for spolia- lions, and as a fund for removal, constitute a very liberal consider- ation on the part of the federal government; yet the committee would feel much better satisfied that too much should be done for the Cherokees than too little. If, therefore, the voluntary grant of an additional sum of money can be made a means of hastening their removal to their new homes, of dispensing with the use of a large military force, and of insuring confidence in the justice of the government, and of restoring harmony and good feelings, they believe economy, humanity and peace will be best consulted by making such grant. " With a view to attain these objects, the committee would re- spectfully recommend to the Senate that, in the passing of some appropriation bill still to be acted on, an item be inserted placing a reasonable sum of money at the disposal of the Executive." "Thus it appears that the large appropriation of $1,047,067 was a ' voluntary grantf made for the purpose of hastening the removal of the Indians, of dispensing with the large military force employed in that country, and restoring harmony and good feelings between all parties, and not for the pirpose contended for" by the counsel. "The expenditures specified in the 15th article are, therefore, justly chargeable upon the treaty fund." As the treaty of 1835 stood, prior to the adoption of the supple- ment, the expenditures for all the objects provided for in it were to be paid out of the consideration money granted the Cherokees, as stipulated in the 15th article, except the following: 1. Extinguishment of title to reservations within the country ■west assigned the Cherokees, granted to certain half breeds in the Osage treaty of 1835, 4th article, 1st clause treaty of l835-'6. 2. Valuation to be made of improvements on Union and Harmony missionary reservations, same article, 2d clause. 10 Ex. Doc. No. 65. 3. Commutation of permanent annuity of $10,000, 11th article. 4. For certain reservations obtained under former treaties, per 13th article, viz: 1. Value, as unimproved lands, of those which had been sold by the United States; of this class, there were none. 2. Value of those which the owners were obliged by State laws to abandon. 3. Where they had purchased them back from the States, the amount paid the States therefor, with interest thereon, was to be paid their owners. 4. The reservations which they had properly acquired and then held, were to be confirmed to those owning them. 5. Pensions to warriors on the side of the United States in the late war with Great Britain, 14th article. 6. Losses and damages in consequence of not being put in pos- session of " improvements and houses," of which the owners had been dispossessed prior to the treaty, 16th article. 7. Same on account of being ousted, after the date of the ratifi- cation of the treaty of "possessions and property," in the "free use and occupation" of which they were to be protected for two years from that date, during which they were to remove, same article; to which the 5th article of the supplement added, 8. Expenses of negotiating the treaty and supplement, and of the delegation of Cherokees which signed the latter. It may be said that it was not stipulated that the compensation to the committee of Cherokees, provided for in the 3d clause of the 12th article, was to be paid, out of the consideration money- True, it was not so specifically stipulated; but, as has been repeat-, edly decided by all the proper authorities, this expense was clearly a part of that for other objects so stipulated. The committee acted on behalf of the Cherokees and for their especial benefit, and were of great advantage to them in aiding to protect their funds against unjust and unfounded claims, towards which their individual and local knowledge essentially aided. All claims upon the fund, to be adjudicated by the commissioners under the 17th article of the treaty, underwent their revision and scrutiny before being decided by those commissioners, especially claims to im- provements, «Scc, stipulated io be paid for out of the five millions. They were not agents of the United States, but of the Cherokees; their compensation-was a part of the expense of such objects; and, therefore, clearly payable out of that fund. The same is the case with respect to agents and interpreters employed to value the improvements; their compensation was a part of the expense of ascertaining such value; and with it, as also repeatedly decided, properly payable out of the fund. So with regard to superinten- dents of emigration, and agents and interpreters employed in collecting and removing the Indians, and in subsisting them when collected on the route, and for a year west. Their compensation , was a necessary part of the expense of removal and subsistence, which was to be borne by the Cherokees themselves out of their own funds. They were agents, &c, of or for the Cherokees, like Ex. Doc. No. 65. 11 the Cherokee committee, valuing agents, &c, and not of the United States. The same view might, to some extent, be taken with respect to the commissioners, under the 17th article of the treaty, to examine and settle claims against the treaty fund, and against individual Oaerokees, payable out of the amount allowed for their improvements and ferries; but as it was also their province to examine claims for reservations, and to decide upon their value, payable by the United States, the government, at an early period, determined to assume and pay their compensation, and that of their secretary and interpreter, and this determination has been con- formed to throughout. How was this understanding as to expen- ditures, payable, respectively, by the Cherokees, out of the con- sideration given them for the exchange of lands, and by the government out of' its funds, affected and changed by the supple- ment and the act of June 12, 1838, appropriating the additional sum of $1,047,067, which act may be considered as an enlargement of the supplement, and, in fact, as a part of it 1 The first article of the supplement annulled the pre-emption rights stipulated in the 12th article of the treaty, and the grant cf reserva- tions in the 13th article; thus adding another class of reservations to those to be paid for. The third article relieved the' $5,000,000 fund of the charge for spoliations, and allowed the additional sum of ^600,000 to include spoliation, to be in lieu of the pre-emp- tions and reservations annulled in the 1st article; to be applied to- wards the expenses of removal, and to include "all claims of every nature and description against the government of the United States, not herein otherwise expressly provided for." In the voluntary grant of the $15047,067, made by the act of June 12, 1833, the $5,000,000 was further partially relieved, by its be- ing provided that a portion of that sum was to aid in the expense of subsisting the Cherokees for one year after their arrival west ; otherwise, it was for the objects specified ill the third article of the supplement, and to be in full for them. Of the objects which, by the treaty itself, as it stood prior to the supplement, were to be paid for by the United States, those em- braced under the 1st, 2d, 3d, 5th, and 8th heads of the preceeding classification thereof were provided for, and paid out of separate or special appropriations. Did the supplement, and the additional sums granted by it, and the act of July 12, 1838, in all $1,647,067, include and make provision for these under the 4th, 6th, and 7th heads of that classification? It appears clearly to have been so deci- ded, both by the Executive and Congress. On this point, and on the subject of the properconstruction of the treaty generally, especially with reference to expenditures, see the able and elaborate report of my predecessor to the Secretary of War, dated November 29, 1839, from which pertinent extracts might be taken, but that it may easily be consulted, (see reports House of Representatives, 1st session, 28th Congress, No. 391, pages 26 to 38,) and that I am desirous to make this exposition as brief as is compatible with doing justice to the perplexed and important subject to which it relates. It will be seen from this document, page 23, that, by th e instruc- 12 Ex. Doc. No. 65, tions to the second board of commissioners appointed under the l^th article of the treaty of 1835, they were not to issue certificates for the amounts allowed by them, as it was apprehended there might be a deficiency in the funds on hand to meet the entire amount of the allowances; but they were first to report the cases decided to the department in order, in that event, that there might be a proper rateable division of the funds among the claimants. On a review of the decisions of the commissioners, in the cases so reported, the department was of opinion that they had acted upon some of which they had no jurisdiction, and in others had manifestly made im- proper allowances for which the funds were not liable; and in such cases it declined to confirm and carry out their decisions. The claimants appealed to Congress, and the whole subject of the juris- diction of the commissioners, and the obligation of the Executive to pay their awards out of the funds on hand was fully and elabo- rately examined and reported upon by a committee of the House, whose report (391) is part of the document above referred to. At the preceding session a 'joint resolution had passed both Houses, directing the payment of the awards of the commissioners. ' This resolution was not signed by the President, because, as stated by him, u the balance of the fund provided by Congress for satisfying claims, under the 17th article of the Cherokee treaty, referred to in the resolution, is wholly insufficient to meet the claims still pending. To direct the payment, therefore, of the whole amount of those claims which happened to be first adjudicated, would pre- vent a rateable distribution of the fund among those equally entitled to its benefits. Such a violation of the individual rights of the claimants would impose upon the government the obligation of making further appropriations to indemnify them, and thus Con- gress would be obliged to enlarge a provision, liberal and equitable,, which it had made for the satisfaction of all the demands of the Chero- keesP Congress, however, differed in opinion with the President, as to the propriety of withholding payment until all the claims had been decided, and, upon the report referred to, re-enacted the joint resolution directing the payment of the awards of the commissioners out of the funds on hand. The commission having by this time been terminated, and the amounts allowed by them being ascer- tained to be less than the balance on hand, the objection ur(ied by the President against the former resolution no longer existed, and the second was therefore signed by him. These awards were for claims of various kinds, and embraced among others those of the classes which, by the treaty, were to be paid for by the United States. In like manner a joint resolution has been passed during the present session of Congress, directing that the claim of Betsey Mcin- tosh, a Cherokee, to the value of a reservation allowed by the last board of commissioners, under the 17th article of the treaty of 1835 -'6, should be paid out of the funds on hand, thus further confirming the construction that the apprcpriations which have been made em- braced and provided for the objects specially stipulated in the treaty to be paid for b) the Unitad States. Thus it appears to have been conclusively settled that the additional amount allowed by Ex. Doc. No. 65. 13 the supplement and the act of June 12, 183S, included and made provision for all claims against the United States, which were not otherwise provided for by separate and special appropriations. The reason of the discrimination in the manner of making pro- vision for claims to be paid by the United States, viz: the making special appropriations for some of these objects and Including the others in the general amount allowed by the supplement, (the ap- propriation of June 12, 1838, being considered a part of it,) is plain. The pensions were obligations upon the United States wholly in- dependent of the treaty, and, as such, were a part of ou" - general pension system. The commutation of the permanent annuity was also an extraneous and independent matter, having no necessary connexion with the treaty — with the cession of the lands east, the removal of the Indians, or any other of the necessary arrangements under the treaty. It was simply an agreement for putting in a dif- ferent shape an obligation upon the government under other treaties. In regard to the other two items, the Osage reservations and the missionary improvements, the amount in the one case was known, and in the other could easily and soon be ascertained. They had no connexion with the great object of the treaty — emigration — and could in no way interfere with it. This was not the case with the other items — reservations, and losses, and damages. The amounts required for these were uncertain and unknown ; no estimate could be made, and no appropriation asked for them. Their settlement and payment had an immediate and important bearing upon the policy of emigration, which it was all important should go on as rapidly as possible, in order that the general government might be relieved, at as early a period as practicable, from the embarrassing position in which it was placed towards the States where the In- dians were; a position which had been extremely critical, and which had, at one time, involved the most momentous consequences. The Indians could not be expected to remove until their reserva- tions, and losses, and damages, were ascertained and settled. To ascertain the amounts required for them, and then obtain the ne- cessary appropriations, would have produced much delay, which it was of great importance to avoid, in order that the Indians might remove at once. Hence, under these circumstances, and like the pre-emptions and reservations, which were to have been confirmed, they were compromised and provided for in the $600,000 addi- tional allowed by the 30th article of the supplement, increased by the further grant in the appropriation act of June, 183S, to $1,647,067. And hence the general and comprehensive provision in that article, t.*at that sum was to "include all claims of every nature and description against the government of the United States not herein otherwise expressly provided for;" that is, not other- wise provided.for in the supplement, as was specially done with respect to claims of several descriptions; the object being to make provision at once for all claims having any bearing upon the policy of early emigration, or in any way likely to interfere with it. Upon the construction and principles thus set forth, a proper settlement under the treaty of 1835-'6 would be as follows, ar- 14 Ex. Doc. No. 65. ranging separately, 1st, the consideration for the lands east stipu- lated by the treaty, and 2d, the additional* amount granted by the supplement and the act of June 12, 1838, and the items properly payable out of them respectively, viz: 1. Consideration stipulated for the lands east $5,000,000 00> From which deduct the following charges there- upon: Amount allowed the United States for the additional 800,000 acres of land west $500,000 00' Amount allowed, as the value of im- provements and ferries, by the commissioners, under the 17th ar- ticle, including the expense of valuing agents, and other neces- sary incidental expenses 1,737,567 23 So much of amount expended for and on account of removal and subsistence, including necessary incidental expenses of enrolling agents, conductors, commissaries, interpreters, &c 1,979,198 94 Amount of claims of citizens of the United States against the Cher- okee nation, awarded by the com- missioners, under the 17th article 59,574 25 Amount of claims of Cnerokees against the same, in the form of national due-bills, or debts, award- ed by same commissioners 17,561 41 Amount invested for the general na- tional funds 500,000 00 Amount of compensation paid to the Cherokee committee, provided for under 12th article 22,026 89 4,815,928 72 Balance 184 ,071 2S 2. Additional amount allowed by supplement and act of June 12, 1838 $1,617,067 00 From which deduct the following: Amount allowed for reservations of all classes by commissioners, un- der 17th article $256,440 01 e Amount allowed by commissioners for spoliations of all kinds, includ- ing 1 ' rents "or damages for dis- possession of property and im- Ex. Doc. No. 65. 15 provements, being amount for which it was determined the same would have rented during the pe- riod of dispossession, and includ- ing, also, the amount of damages allowed Cherokees in consequence of dispossession within two years after the ratification of treaty, du- ring which the Indians were to -be permitted to remain 438,095 35 Amount allowed by commissioners for pre-emptions 15,589 00 For and on account of removal and subsistence 935,942 64 $1,647,067 00 The amount on account of dispossession within the two years after the ratification of the treaty, included in the above sura of $439,095 35, is $47,596 10, the greater portion of which is believed to have been improperly allowed, though the Indians insisted upon it. They were not actually dispossessed; their improvements would be valued, say at an early period within the two years, and they would receive the value, and relinquished them and remove west. They no longer had any right to them, after having been paid for them, and yet the commissioners appear to have allowed them, in addition to their value, the amount which it was estimated the possession of them would have been worth during the whole of the remainder of the two years. From the foregoing statement are excluded certain expenditures for extraneous objects, arising in the course of the execution of the treaty, which were improperly charged to the funds under and appropriated to carry it into effect. They are as follows, viz: Amount paid for improvements abandoned under treaty of 1828, w T bich should have been taken out of appro- priation made therefor, in June, 1834 $330 26 Amount to Dr. Hetzel for medical services, which should have been paid from appropriation of $100,000 for that and other objects, made June 12, 1838 744 00 Amount paid for benefit of poorer classes of Cherokees, provisions, clothing, &c, which should have been charged to above mentioned appropriation of $100,000 40,644 74 Amount paid to John Smith and James Rugers, dele- gates from the western Cherokees, present at the ne- , gotiation of treaty of l835-'36, for their trouble and expenses 1 ,500 00 43,219 10 According, therefore, to a " just and fair settlement," under the treaty of 1835-'36, upon principles recognized and acted on by 18 Ex. Doc. No. 65. both Congress and the Executive, the amount left for per capita distribution to all the Cherokees residing east, at the date of that treaty, is $184,071 28. The Cherokees generally have, no doubt, been led to expect a much larger amount, and will, consequently, be somewhat disappointed at the result. Their erroneous expecta- tions have arisen from the actual and proper state of accounts, and the proper principles of settlement, not having been known and. understood, and from the consequent inaccurate representations which have been made upon the subject. The fact has also probably been lost sight of, that the greater proportion of those entitled to this per capita distribution have re- ceived it, or the benefit of a considerable amount of the funds in- tended for it, in another form. A brief recapitulation of the facts will show that this has been the case; and that, under the circum- stances, the government is in no way responsible for the result, unsatisfactory though it may be; it having been brought about by themselves, or the majority of them. It is well known that the majority of the Cherokees, acting un- der the influence and advice of their head men, were greatly averse to emigration; they resisted every argument and every persuasive means that could be used to induce them to remove, in accordance with the treaty, which they were told was the law of the land, and which, therefore, the Executive was bound to enforce. They op- posed every effort till the last moment they could be permitted to remain, when, in order to carry out the obligations of the treaty, to fulfil the just expectations of the States in which they were, and to prevent collisions, and possibly bloodshed, between them and our own citizens, the government was compelled, at a heavy expense, to send a considerable military force into the country oc- cupied by them, in order to accomplish their removal. This mea- sure had its effect; but from the operation of the same influences, the Indians were still averse to being removed by government agency. They preferred an arrangement for emigrating them- selves, and made a proposition to that effect to Major General Scott, who was in command of the troops, and was charged with the removal of the Cherokees. They proposed to undertake the whole business of emigrating their own people, at the rate of $65,880 for every one thousand removed. This General Scott re- garded as extravagant, and he requested them to reconsider their proposition, telling them li that the whole expense of emigration. is to be paid out of the appropriations already made by Congress, the general surplus of which is to go to the Cherokee nation in various forms;" and that they had, therefore, " a direct general interest i«n conducting the movement as economically as circum- stances will permit." Instead of reducing, they increased the amount; whereupon General Scott said to them, " I perceive, that after a full consideration, you adhere to the calculation of $65,880, with a slight addition for soap, for the comfortable emigration by land of every thousand Cherokees from this to their new country west of the Mississippi; as the Cherokee people are exclusively interested in the cost as well as the comfort of the removal, I do not feel at lib- Ex. Doc. No. 65. IT erty to withhold ray sanction." The Secretary or War, in reply to General Scott upon the subject, took the same view; he was of opinion that the amount was " very extravagant;" that thirty dol- lars per head had been regarded as" sufficient, and that "whatever sum, over and above this amount, that may be expended for this purpose, (removal.) will have to be deducted from the original purchase money agreed to be paid them by the treaty of New Echota, (the five. millions,) and this must be fully explained to the chiefs and head men, and ought to be understood by the nation-" t the executive could not recommend to Congress to increase the appropriations made, "believing, as it does, the amount already en to be sufficient for the objects proposed." The Cherokees would agree to no more economical arrangement; and as it ap- ired to be the only way of effecting a general and satisfactory emigration, it not of avoiding the use of military force and the usion of blood, the arrangement was agreed to and carried out. Some time after the emigration had been completed, Mr. John Ross, who was at the head of the committee that entered into the arrangement with General Scott, presented a claim for the alleged cost of emigrating the Cherokees, under that arrangement, over ar-d above the amount stipulated, amounting to the large sum of 1 ,316 SSA. This claim was fully examined into and rejected by the Commissioner of Indian Affairs, Mr. Crawford, and the Sec- retary of War, Mr. Poinsett. An appeal was taken to the Presi- dent, Mr. Van Buren, who thought that, on proper evidence of ex- penditure, the sum of $94,406 68, or so much of it as was support- ed by proper vouchers, might, in equity, be allowed and paid. The remainder he rejected entirely; and, on a subsequent appli- cation, he stated that he considered his previous decision final, and refused to -re--open the case. (See Report ' Committee H. R: No. 109S, 2d session 27th Congress.) It was nevertheless subsequently re opened by another Secretary of War, and the whole amount al- lowed and paid. (See same document.) It will be seen, however, that this allowance and payment was influenced in a great measure by the fact stated by General Scott, that Mr. Ross and the delega- tion charged with making the arrangements for the removal, were fully apprised that any excess of expenditure incurred therein would be a charge upon the nation, and by the circumstance that the na- * tional counsel authorised Mr. Ross to prosecute the claim and re- ceive the money in behalf of the nation. There was thus paid, for the removal of about 13.149 Cherokees, the large sum of $1,357,745 92, or $103 25 and a fraction for each individual, man, woman and child. Whether this sum was actually absorbed in the mere removal of the Indians or not, it was paid on the demand of the Cherokees themselves; and they must be considered as having enjoyed the benefit of it, in that or some other way, and the amount for per capita distribution was thus materially diminished. 1 deem it proper also to state here that the amount charged, in the foregoing settlement, for removal and subsistence, embraces the sum of $172,346 47, for subsistence for five additional months beyond the one year, which was furnished to the Cherokees, under 2 18 Ex. Doc. No. 65. circumstances of destitution arid necessity, at their own request and upon the express understanding and condition that the same was to be advanced out of their own funds, under the treaty of 1835-'6 S The amount for per capita was thus still further reduced. By the 9th article of the treaty of 1846, it is provided that "all the investments and expenditures which are properly chargeable upon the sums granted in the treaty of 1835, amounting in the whole to Jive millions six hundred thousand dollars , (which in- vestments and expenditures are particularly enumerated in the 15th article of the treaty of 1835,) shall be first deducted from the said aggregate sum, thus ascertaining the residuum or amount which would, under such marshalling of accounts, be left for per capita distribution among the Cherokees, emigrating under the treaty of 1835; excluding all extravagant or improper expenditures, and then allow to the old settlers (or western Cherokees) a sum equal to one-third part of said residuum, to be distributed per capita to each individual of said party of 'old settlers' or 'western Cherokees;' " comprising all those west at the date of the treaty of 1835-'6. In ascertaining this "residuum" or balance, it is required that, instead of the amount actually paid for the removal and subsistence of the Cherokees, there shall be deducted only the sum to which the expenditures for those objects would have amounted, at the rates specified in the 8th article of the treaty of 1835; to be paid as a commutation therefor to those who removed and subsisted them- selves, viz: $20 for removal and $33 33 for subsistence, or $53 33 for both. There is an evident inconsistency in that portion of the fourth article above quoted. The $5,000,000 was granted by the first arti- cle of the treaty of 1835, and the $600,000 by the third article of its supplement. The investments and expenditures, enumerated in the 15th article of the treaty, do not embrace all that are properly chargeable upon those sums; for the 3d article of the supplement specifically provides for the application of a portion of the $600,000 to objects not specified in the 15th article of the treat} , as has already been shown. "The investments and expenditures which are properly chargeable upon" the $5,600,000, cannot, therefore, be restricted to the objects "particularly enumerated in the 15th arti- cle of the treaty," but must be regarded as including all for which. "by the terms of the treaty and the supplement, that sum was inten- ded to provide. The settlement with the old settlers, or western Cherokees, would therefore be as follows, classifying the funds and the objects of expenditure in the same manner as that already adopted in making the settlement under the treaty of 1835-36: 1. Consideration for the lands and possessions east $5,000,000 00 From which deduct the following: Consideration for the 800,000 addi- tional acres of land west $500,000 00 Ex. Doc. No. 65. 19 Amount allowed for improvements and ferries prior to the date of the treaty of 1846. 1,732,232 23 Claims of citizens of the United States against the Cherokee na- tion 59,574 25 Claims of individual Cherokees against the same 17,561 41 Compensation of Cherokee com- mittee 22,026 89 Investments as national funds 500,000 00 On account of removal and subsis- tence, at the rate of $53 33 per head 909,313 34 3,740,708 12 Balance 1,259,291 88 2. Additional amount allowed by third article of supplement $600,000 00 From which deduct the following: Spoliations, including "rents" and damages, as previously set forth, allowed prior to date of treaty of 1846 $434,861 85 Reservations allowed for prior to same date 116,882 50 Pre-emptions allowed for prior to same date 15 ,589 00 For and on account of removal and subsistence 32,666 65 — 600,000 00 Thus the "residuum," ascertained in the manner directed by the treaty of 1846, is $1,259,291 83; of which the old settlers are en- titled to one-third, which is $419,763 96. This amount, according to the fourth article of that treaty, is to be paid by the United States in consideration of the relinquish- ment, by the old settlers, of the interest which that instrument de- cided they had in the country east, but which interest was not em- braced and provided for by the treaty of 1S36— '36. This will make the whole cost to the government cf the purchase of the country and possessions of the Cherokees east, exclusive of the value of the country given them west, and of the large expendi- tures for the military force which the perverse conduct of the Cherokees rendered it necessary to send into their country to re- move them, the enormous sum of $7,539,065 44. Viz: consideration stipulated by the treaty $5,000,000 00 Additional amount granted by supplement 600,000 00- 20 Ex. Doc. No. 65. Additional amount granted by act of June 12th, 183S~$1,047,067 00 Expenditures out of §100,000 appropriated by same act for provisions and clothing for poorer classes of Cherokees, medical attendance, medicines, and other objects for facilitating removal of Chero- kees 60,128 08 Expense of negotiating treaty of l835- r 36, and supplement, and of delegation of Cherokees to Washington, who signed the latter 37,080 97 Extinguishment of title to Osage reservations in country west 15,000 00 Improvements on Union and Harmony missionary reservations $25 ,000 00 Extra compensation to. General Scott for his services in connexion with Cherokee removal 1,952 00 Compensation of the several boards of commission- ers, clerks, and interpreters, and contingent ex- penses of same 56,709 02 Cost of surveying and fixing boundaries of country west 6,699 24 Expenditures for various extraneous objects paid out of Cherokee funds, but not properly chargeable thereto, (and not so charged in preceding settle- ment,) and which will therefore have to be re- funded by the United States 43,219 00 Amount allowed Clements, Bryan & Co., under special act of Congress for their relief, for dama- ges on account of their contract for subsisting emigrating Cherokees, having been superseded by the arrangement made by General Scott with John Ross, and others 31,302 10 Amount allowed by Treasury Department to Wil- liamson Smith as damages, under contract for re- moval of Cherokees, which was superseded in the same way 51,700 42 Amount allowed by special act of Congress to Laagtry & Jenkins, for damages arising out of supersedure, in same way, of their contract for furnishing emigrant Cherokees with shoes 1,443,65 00 Amount of special allowances already paid, made by treaty of 1846, to "government party" and "treaty party" of , Cherokees 142,000 00 Amount awarded to old settlers 419,763 96 $7,539,065 44 This, certainly, is a far greater sum than it was ever contem- plated when the treaty of 1835-'6 was made, the United States, would have to pay, on account of that measure; the $5,000,000 fixed by the Senate as .the value of the country and possessions of Ex. Doc. No. 65. 21 the Cherokees east, being intended to embrace the whole expense, except a moderate amount for the objects which it Avas stipulated in the treaty the government was to pay for in addition. Accord- ing - to that understanding- the amount should have been under six millions of dollars, while, if the large expenditures on account of the military force which had to be sent into the Cherokee country were included, with the allowances herein made, under the treaty of 1846, the whole cost would not, probably, be far, if any thing, short of ten millions of - dollars. I now proceed to state the result, under the treaty of 1846, with reference to the amounts which it will be necessary that Congress appropriate in order to fulfil the stipulations of that treaty, accord- ing to the construction herein adopted. The aggregate balance in the treasury of all the funds under the treaty of iSSo-^, the supplement and the appropriation of June 12, 1S38, applicable to objects to be embraced in the settlement with the Cherokees, is < $58,670 48 On which there are outstanding demands for claims of various kinds, allowed by the commissioners under the 17th article of the treaty of l835-'6, and for commutation of removal and subsistence, which have been suspended for further evidence ..=..... 19,721 98 Balance applicable $38,948 50 This amount deducted from the balance shown by the settlement under the treaty of l835-'6, makes a discrepancy between what re- mains in the treasury, and what should be there according to that settlement, of $145,122 78. This discrepancy arises from the deduction of the amounts for certain objects improperly charged to the funds under the treaty, and which, as stated, the United States have to make good, from the defalcation of two persons, at the time officers of- the army, acting as disbursing agents of the Indian department, amounting to $76,976 54, and from moneys in the hands of a former agent for the Cherokees, whose accounts have not yet been finally settled. Whatever amount may be found due the United Stafes on such set- tlement, will, no doubt, be forthcoming soon thereafter, but it is deemed best to estimate for the whole amount required to carry the treaty of 1846 fully into effect, without reference to any such contingency, as 3 whatever amount may then be returned to the treasury will not be used, but go directly to the surplus fund. The sums required to be appropriated will, therefore, be as follows, viz: Amount found due the " old settlers'' or " western Cherokees" according to the allowance made to them by the treaty of 1846 $419,763 96 22 Ex. Doc. No. 65. Amount found clue the Cherokees residing-east at the date of the treaty of l835-'6 $184,071 28 603,835 24 Deduct amount on hand applicable « . .... 38,948 50 Balance required to be appropriated 564,886 74 Although I think it has been clearly shown that the assumption, in the treaty of 1846, that certain expenditures under the treaty of 1835-'6 had, improperly, been charged to the u five million fund," and that the United States were therefore bound to make good the amount thereof, was an error; and, though this office is entirely sat- isfied that full and ample justice is done in the principles and re- sults of the settlement herein made, I yet deem it proper to state the amounts of those expenditures under their several heads. They are as follows, viz: 1st. Amount for reservations, except that class which, like spoliations, are specifically and in terms provided for in the 3d article of the sup- plement $125,477 51 2d. "Rents," viz., amounts allowed for disposses- sion of improvements prior to treaty 164,549 02 3d. Amounts allowed for same during two years they were permitted by the treaty to remain 47,596 10 4th. Amount paid for valuing agents, enrolling and removing agents, commissaries, and interpreters, &c.j and for services of Cherokee committee.... 163,296 38 Total 500,919 01 For the details of this last item, see the accompanying state- ment furnished by !he Second Auditor of the Treasury, which gives the various classes of officers and agents employed, and the amount expended for each. The foregoing is respectfully submitted for your information, and in order that application may be made to Congress for the requi- site appropriations. Very respectfully, your obedient servant, W. MEDILL. Hon. Wm. L. Marcy, Secretary of War. STATEMENT SECOND AUDITOR OF THE TREASURY, Amounts paid to various classes of officers and agents employed in the execution of the Cherokee treaty of lS35-'36. 24 Ex. Doc. No. 65. g >--. e -s « to s ^ CO S c r- 1 SJ 13 V ■~. w £-■>•. OC ►-> o .& -s ? -<4i CC CS i i m 35 -J2 CN 00 CO -r co CN CO« CJ CM CO rl.rrt ^ I^J? cd © f;. bi+j -£ fcc 4 j <& (-1. -J __-'_-} M F-n >~3 f=1 - ,5 y O ~ o -t" r > -f to CO CO CO CO — ' CN Oo 00 00 O ' CO C; iO Tf CD S-trfOOWCTl^OtftS or. I occiN CN oo«dlh- CO 00 CO CN vf T* lO CO CO CN ■* 00 ■* 04 CN CO co co *-< co «~( oo m co ^r o co t-i h i~- cN O C 3 ' •QQSfi tt CJ kj 'en CXI* 'O So ft. si CD > km hH t*6 tep n o oo; c tr be c w cr — c_ > ~ ._ = .= 3 c5 0-=«2^"§ l ;fl I S^l c . ~ >, K '£>„, ^"H ^ • . I'Ji ='>'c J J" C rt « 26 Ex. Doc. No. 65. c o o o o a OC © © o o o • f^ m co cm oo ■ •sjuoSb Strtjoarjog Ci —r CM f-~ C kO ' €# in co to io «« H • . O O O - • O o o ^ ^ OS r •sjusSb Sinyjojug; O CI 00 oojo to JL i-i CI CO . o a m C © o o o o • G in o o mm • a 85 CO O — ' 02 CM • o ■s^uauTJ Surassj IOCIO oo t- • CM CO CM H «# c» a CO G ooo 0,000 o fa O C © g m o © m m © m oo c OO iO — i O) C (M T) O Vtl ■s I049.ld.I9JUJ co »>. £-^ GC C) BtSCi CO i— CO CM n CO O'O" © CM C; CO CO CO «T-itN co as- O O Ol o o o © O O CM O O O O O lO CI CM OO <0 C5 su'Biois.djj ^f i-H CONCB CO O CO O ON-h •-'CO €& cT« cm h s 3 1838.. 1838, 39.... -i a oo a q „ -00 S) « £ 1-5 CD ^ I" ' xn tn _~ V*- O ^ el 3 ,- CD co n 2 - CO OO n ; ji ^ co co ' c/3 a CO quarter, 18 do do do quarter, 18 d, and 3d qi m March 3 837 >-.0C oo £ a b oo oo CD 13 — t S O s a O $ IS oo t N ^« r ^ "° £ "° >-3 i-H 5 -3 __, 1 rt ~ - EL c ^ t: 2 £ j3 - C* O i- pcoj; W J; «i _ — <■• T3 is -3 -zs "S >- co ^r co co ^r fa fa rf -i CO CM CO ^"-i CM • co co r- co i-- i~- CT- GOCT5CT5 l>- 00 CO 00 CO. 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No. 65. 31 c 03 h- eN i?: o c lO 00 — o O o o o 00 O CO CO r- i-.o oo cr> coococ-cnocoooo t- m co CO T* CN CO O oo »- t- o ■* * i-i co" m in CN CO CO CO Oi ■M • . • • • 00 c or.. r-- it CN oo cc 1Q o o- O °„~ CN CO — "rt" CN d- m o ci r- «h- so ©omooooooooo© m l~- f^O j!.CO CN C0©C0t-. CO CN O O i- 1 CO C~.i— 'CO — — "qi ^i CO N 'T i-i N m CN* oiM o — i r~ -rr rH 00 © o O f- - . . . c< • o o O 00 o 00 ift OS XI OS CN . — CN CO lO ** K . >r o ■n o CN ^ • ^_J JJ ^ Efl '. "> CO Km o 00 o CO °9 _ (D ^ ~ £ S C3 • 03 i =00 B cd 3 S-. s aj i-i a gH C3 a" Z ^ m r- t- j= CXoO .fij ain i;ra ' 00 00 r~ mt: ^m j r oo 2 oo oo co co CO **• S oo rr to oo ^ ■= — £ — co co 05 oo 2 £ oo — co — O0 00 ^ CT sr . >> quarter, 3d, and 838, and quarter, 3d, and 83X ind 3d qi quarter, n.l 2d qu: quarter, uarter, 1 quarter, 8 and 18 quarter, do s-l 0) c CO (4 ~ — ~ — i j ffi rt ~ co _c2 -i-l c<- T3-3 -T2-C! Tj T3 ,-> -3 OO w -3 t:-3 oc CO CN CO CN CN •■* "* Mrt'JCi •T* CN CN i- c c l— O: C", Oi 00 03 00 03 — 020 ffi -i e in n cn m — * coco co.-o coco co co-^cO"^ co-^^t-^^co -3 OO X OO 00 OC' 00 00 00' OC 00 00 oo oo oo oo oo oo oo a o t-» cr. m co — t- "i ctur. oc ti a a m N - in i» — i-l CN r-if|r-l W i-i — CN CN CN t- : -p S C «J CL« si C It S3 c < JO Sc i s - ^ s& < - j/f is: 3c? c s a I ! c CNt? CO00 Tj<00 — < GliiHOtl-fOffi-fOttO CMOS OOC-3 h- i-i ii oor CCCCNfNOO— cot— Olin Tj" CO 1*03 CD CO00CO ^ as ^-0 sa c. * 8-| Pi en S fcl C3 O -S 1=-^ o- a - Icfol g be?. to , Q O "3 a] ~ 1 S S 9- ^ 0) CO ■"! . - 1 - S. I ^>?Q! I |> l~i i 1-5 HI ! 32 Ex. Doc. No. 65. Statement showing jthe am.ount of certain expenditures made and charged to the appropriations of July 2, 1836, and June 12, 1838, for carrying into eject the treaty of j\'\>w Echota of December^ 1S35, as requested per letter from the Commissioner of Indian Affairs to the Second Auditor ,. dated October 32, 1846. EXPENDITURES. Superintendents . . . . $7,797 96 Clerks 10,898 63 Valuing agents 15 ,729 38 Conductors of emigration. 25,824 38 Disbursing agents 5,502 32 Physicians 35 . H35 47 Interpreters , 2? J345 83 Issuing agents. .. II ,547 17 Enrolling agents . 10 ,274 00 Collecting agents 7,232 93 Cherokee committee, third clause, 12th article treaty 19 .296 50 Transportation, &c, military officers 7,062 31 Cost transportation of funds, &c 6,615 06 Expenses attending negotiation of the treaty 36 J 531 47 Medical supplies 5 ,4^7 55 Stationery 1 J2'02 50 Printing 532 62 Aggregate amount ' $235,516 63 Treasury Department, Second Auditor's Office. January 30, 1347.