Speech #470072673

This is the language of the law: Provided further. That the President is anthorizel to expend such part of the amout heretofore appropriated and not expended. andi hereinbefore appropriated for the benefit of the tribes named in the preceding proviso. as he may deem necessary for the relief and support of such individual members of said tribes as have been driven from their homes and reduced to want on account of their friendshi. to the Government"To expend such part of the amount heretofore appropriated"there was not anything about a Creek orphan fund hereinbefore appropriated- and hereinbefore appropriated for the benefit of the tribes named." there was not a word about the Creek orphan fund. I say that the taking of this money under that section of the statute was taking it without authority of law. and I have the law officer of the Government on my side. the attorney of the trustee trying to get rid of refunding a trust fund. their own attorney whose opinion was asked by the Interior Department. and it is on record: The legislation referred to did not assume to direct the use of the Creek orphan fund for the benefit of loyal refugees. or any other portion of the tribe. and the payments of the principal and interest of this fund were not subjects of appropriation by CongressIt did not intend to do itfor it will be observed that under the provisions of the third section of the said. act of March 3. 1837. the President might. at his discretion. at any time have paid the parties entitled to have received the same. Te legislation. therefore. does not require us to consider whether or not it would Inove been competent. in view of the fact that a treaty had been concluded between the Creek Nation and the public enemies. to have confiscated this fund to the benefit of the United States directly. or condemned it to other uses than those provided by the treaty. as no. such act was assumed to be done by Congress. The accrued interest of the Creek orphan fund. arising from investmentsmade in interestbearing stocks. was drawn out of the Treasuryby the Indian Biureau in the same manner as interest on trust funds isgenerally drawn. But the act of the Indian Bureau in devoting it to the benefit ofloyal refugees of this tribe was a diversion of the fund not authorized by the originalintention of the treaty. the aet providing for the creation of tse same. nor by the subsequent legislation daring the rebellion. Here is the attorney of the United States confessing the United. States out of the court into which the Senatorfrom Minnesota is determined to hring it. and to say that because. under an act of Congress. the United States paid the money to somebody else. therefore the beneficiaries of this fund should not have it!