Speech #470198657

You find by this treaty of 1836. which was a supplemental treaty to the treaty of 1835. that the Indians claimed that out of this $5.000.000 that was to be given them for their lands the expense of their removal was not to be deducted. and that Senators who agreed to this treaty in the Senate went to the Secretary of War. who had charge of the removal of the Indians. and stated to him that that was not the intention of the treaty. and then on that statement being made it was referred back and a supplemental treaty made with these people covering and including this proposition the treaty then made. Article 4 of the treaty made in 1846. covering this proposition. shows exactly what the intention of the treaty of 1835 and the supplemental treaty of 1836 was between the Governmentof the United States and the Indians. The fourth article of the treaty of 1846. is as follows: And whereas it has been decided by the board of commissioners recently appointed by the President of the United States to examine and adjust the claims and difficulties existing againstand between theCherokee peopleand theUnited States. as well as between the Cherokees themselves. that under the provisions of the treaty of 1828. as well as in conformity with the general policy of the United States in relation to the Indian tribes. and the Cherokee Nation in particular. that that portion of the Cherokee people known as the "Old Settlers." or "Western Cherokees." had no exclusive title to the territory ceded in that treaty. but that the same was intended for the use of. and to be the home for. the whole nation. including as well that portion then east as that portion then west of the M ississippi. and whereas the said hoard of commissioners further decided that. inasmuch as the territory before mentioned berame the common property of the whole Cherokee Nation by the operation of the treaty of 1828. the Cherokees then west of the Mississippi. by the equitable operation of the same treaty. acquired a common interestm the lands ocoupied by the Cherokees east of the Mississippi River. as well as in those occupied by themselves west of that river. which interest should have been provided for in the treaty of 1835. but which was not. except in so far as they. as a constituent portion of the nation. retained. in proportion to their numbers. acommon interest in the country west of the Mississippi. and in the general funds of the nation . and therefore they have an equitable claim upon the United States for the value of that interest. whatever it may be : Now. in order to ascertain the value of that interest. it is agreed that the following principle shall he adopted. namely. all the investments and expenditures which are properly ehargeable upon the sums granted in the treaty of 1835. amounting in the whole to 63.600.000 (which investments and expenditures are particularly en umerated in the fifteenth article of the treaty of 1835). to be first dleducted from said aggregate sum. thus ascertaining the residuum or amount which would under such marshalin of accounts be left for peCr capita distribution among the Cherokees emigrating under the treaty of 1835. excluding all extravagant and improper expenditures. and then allow to the Old Settiers (or WVestern Cherokees) a sum equal to onethird part of said residuum. to be distributed per capita to each individual of said party of Old Settlers or Vestern Cherokees. It is further agreed thatso far asthe Western Cherokees are concerned. in estimating the expense of removal and subsistence of an Eastern Cherokee. to be charged to the aggregate fund of $5.600.000 above mentioned. the sums for removal and subsistence stipulated in the eighth article of the treaty of 1835. as commutation money In those cases in which the parties entitled to It removed themselves. shall be adopted. And as it affects the settlement with the Western Cherokees. there shall be no deductionMark this languagethere shall be no deduction from the fund before mentioned in consideration of any payments which may hereafter be made out of said fund. and it is hereby further understood and agreed that the principle above defined shall embrace all those Cherokees west of the Mississippi who emigrated prior to the treaty of The Senator said that prior to 1835 the Cherokees west of the Mississippi River were not included in this contract. thereby precluding them from charges against the fivemillion fund. their third part of it. and yet the treaty of 1846 explanatory of the treaty of 1835 and the supplemental treaty of 1836 says expressly it shall not be charged against that fund. There is the treaty between the Government and these Indians. and what is this claim? The Senator is very adroit in his statement. but he fails to read the whole article of that treaty showing that the expense of transportation was not to be charged against the onethird of the $5.600.000 they were entitled to.