Speech #470198662

Treaties. pp.75.79.) The time elapsed May 23.1838. It had been concluded. in defiance of the protest of a large majority. with a small minority of the nation who saw no other escape from threatened ruin. Within thatperiod those who had favored the treaty had mostly emigrated to the West uner its provisions. The large majority of the nation. adopting the counsels of John Ross--a man represented as of unlimited influence among themhad obstinately withstood all the efforts of the Government. to induce them to adopt the treaty and emigrate under its provisions. Ross and his party had constantly repudiated its obligations and denounced it as a fraud upon their nation. In the mean time the United States had appointed its agents under the treaty and collected a large military force to enforce the execution of the treaty. The State of Georgia had adopted a system of hostile legislation. intended to drive then from the country. She had surveyed the country and disposed of the homes of the Cherokees by lottery. dispossessed them of their lands. subjected them to her laws. while she disqualified them to hold any political or civil rights. In this posture of affairs the Cherokees. who had never abandoned the vain hope of remaining in the country or obtaining better terms from the United States. through John Ross and others. made new proposals to the United States for the sale of their country and emigration to the West. Still pursuing the idea that they were aliens to the treaty of 1835 and unfettered by its provisions. they proposed to release all claim to their country and emigrate for a named sum of money. in connection with other conditions. among which was the stipulation that they should be allowed to take charge of their own emigration. and that the United States should pay the expense of their removal. To avoid the necessity of enforcing the treaty at the point of the bayonet. and to relieve itself of its counter obligations to Georgia by the compact of 1802. and to the Cherokees by the treaties of 1817 and 1819. the proposal was readily acceded to. On the 18th of May. 1838. Mr. Poinsett. then Secretary of War. addressed a reply to the proposals of the Cherokee delegation. in which he says: "If it be desired by the Cherokee Nation that their own agents should have the charge of their emigration. their wishes will be complied with and instructions be given to the commanding general iii the Cherokee country to enter into arrangements with them to that effect. With regard to the expense of this operation. which you ask maybe defrayed bythe United States. in the opinion of the undersigned the request ought to be granted. and an application for such further sum as may be required for this purpose shall be made to Congress." The application was made and a resolution of the House of Representatives adopted inquiring how much would be required for that purpose. The Secretary of War replied to this resolution on the 25th of May. 1838. from which the following is an extract: "The payment of the expenses of removing the remaining Cherokees. estimated at 15.840. at $30 a head ........................................................... $475.200 "Amount applicable to that purpose ...................................................... 39.300 "Balance to be provided for .............................................................. 335.900 "If it should be deemed proper to make any further provision for the payment of the subsistence of the emigrants for one year after their arrival in the West it requires. estimating the whole number at 18.335. thereby including those who have already emigrated. and allowing the amount stipulated to be paid by treaty. namely. $33.33 a head. $611.105.55." These estimates. with a message containing the provisional arrangement with John Ross. were communicated to Congress and received its sanction by the act of June 12. 1838. in the following language: "Thatthe sum of $1.047.067 be appropriated out of any money in the Treasury not otherwise appropriated in full for all objects specified in the third article of the treaty of 1835 between tile United States and the Cherokees. and for the further object of aiding in the subsistence of the Indians for one year after their removal west: Provided. That no part of the said sum of money shall be deducted from the $5.000.000 stipulated to be paid to said tribe of Indians by said treaty: And provided further. That the said Indians shall receive no benefits from said appropriation unless they shall complete their emigration within such time as the President shall deem reasonable. and without coercion on the part of the Government." Then says the honorable Secretary: Here was a clear legislative affirmation of the terms offered by the Indians and acceeded to by the Secretary of War. It was agreed by the Secretary of War to consider the expenses of removal and subsistence. as intended by the treaty of 1835. to be borne by the United States. and Congress affirmed hisactby providing that no part of the$1.047.067 should be taken from the treaty fund. It was made auxiliary to the $600.000 provided for in the third supplemental article. a fund provided for removal and other expenditures independent of the treaty fund and in full for thbse objects.