Speech #460116231

Charles fleseots. AttoesyGoneral. who gave. en June 5. 1678. n elaborate opinion. sustaining the right ol the Crceek orphans to reimbarsemeont as shown by tic following Ixtract: "Tha accrued interest of the Creek orphan fond. arising frominvoatmoots made in interesthearig stocks. was drawn e of the Trasury by the Indianlulau Im the same manner as interest en maut feuds is generally drawn. Bet the act of the berean in devoting it to the benefit of loyal refugees of this tribe woo a diversion of the fund not authorized by the originalintention of the treaty. the na pro. viding for the creation of the eame. nor by the sabseyuent legislation daring tho rebelhlon." "loedivemion of this fond to the am ust of $170.731.07 by the Idio Bureau. between 12 and ttl. to the benefit ot the ioyalrfgees of tho Crevkl ation. was one that has not boen ratified by the Creek Nation by its subsequent troatios." As to the invedtmentin Stato stocks. the AttorneyGoneral deides: "While the original investment was authorized by the set of Marxch 3.1837. there was an atal investment made after the ael of September11. 1841. oat of funds arising from a sed of stocks of the Stte of Alabama. By this action an error was undoubtedly made by the 2President in investing in stocks whieh the law at that time prohibited an invetment in. It is to be obsrved thathe ace requiring an investment in United States st las of Thi trust fund is not a portion of the treaty. nor wan it in existence at the time of the treaty. but is a rual aid down for the cenduct of the irutee of this fund. in order that the previsions of the t..sty might be prp.ery orried oat.