Speech #470070953

Secretary of the Interior. submitted this matter to Hon. Charles Dovens. AttorneyGeneral. who gave. on June 6. 1878. an laboraite opinion. sustaining the right oftheCirek orphans to reiiburseeiont. as shown by the following extracts : The accrued interest of the Creekorphan fund. arisiagfroni investments made in interestbearisng stocks. was drawn out of the Troasury by the Indian Buaean in. the same om er as inierest mii trst funds is generally drawn. :Butthe act of the bureau in devoting it to the benefit of loyal refugees of this tribe was u diversion of the funl notautihorized bythe original intention of the treaty. tho act providina for the creation of the same. nor by the subschaent legislation during the rebellon." A aiw :dhediversion of this fund to the amount of $176.755.97 bythelndian Bureau. between 1862 and 1865. to the benefit of the loyal refugees df the Creek Nation. was one that has not beenratified by the Creek Nation byito stbsequent treaties." As to telm investniient in State stocks. the AttornoyGeneral decides: " While the original investment was authorized by the act of March 3. 1837. there was a actual investment made after the act of September 11. 1841. out of funds arising from a sale of stocks of the State of Alabama. B this action an error was undoubtedly made by the President in investing in stock which the law at that time lsrohibit cd an investment in. It is to be observed that the act requiring an investment in United States stocks of this trust fund is not I piortion of lhe treaty. nor was it in existence at the time of the treaty. but is a role laid down tr the conduct of the trustee of this fund. in order that the provisions of" the treaty might be properly carried out.