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MONDAY, DECEMBER 21, 1840. Mr. Sevier, from the Committee on Indian Affairs, to whom was referred, on the 17th instant, the message from the President relatipg to the transfer of the Chickasaws' stock to the Choctaw tribe of Indians, reported the following resolution; which was read and agreed to:
Whereas, the thirteenth article of the treaty of 24th May, 1834, with the Chickasaw'tribe of Indians, provides "that if they shall be so fortunate as to procure a home within the limits of the United States, so much of their invested stocks as may be necessary to the purchase of a country for them to settle in, shall be permitted to them to be sold," with the consent of the President and Senate: And whereas, the Chickasaws, by compact made with the Choctaws on the 17th January, 1837, did purchase "a home," for which they are indebted to the Choctaws in the sum of five hundred thousand dollars, therefore,
Be it resolved, That the consent of the Senate of the United States be, and the same is hereby, given to the transfer of the Chickasaws' stock, not exceeding five hundred thousand dollars, standing on the books of the treasury to their credit, to the Secretary of War, for the time being, to be held to, and for the use of, the Choctaws, according to the terms and in execution of the compact aforesaid, of 17th January, 1837.
TUESDAY, JANUARY, 13, 1846. The following message was received from the President of the United States, by Mr. Walker, his secretary:
To the Senate of the United States:
I transmit to the Senate a report of the Secretary of War, with accompanying papers* showing the measures which have been adopted in relation to the transfer of certain stocks between the Chickasaw and Choctaw Indians, under the treaty between those tribes, of the 24th March, 1837. The'claim presented by the “Choctaw general council,” if deemed to be founded in equity, cannot be adjusted without the previous advice and consent of the Senate.
JAMES K. POLK. WASHINGTON, January 13, 1846. . The message was read. Ordered, That it be referred to the Committee on Indian Affairs.
These papers and documents, belonging to the executive files, from which the injunction of secrecy has also been removed, were not printed.
.O PUESDAY, AUGUST 4, 1846. Mx, Sevier, from the Committee on Indian Affairs, made the fol. lowing report: - 's
21 117 9.1! } } } ، ! ، The Committee on Indian Affairs, to whom was referred, the 13th
of January, the message from the President in relation to the measures which have been adopted as to the transfer of certain stocks between the. Chickașaw and Choctaw Indians, have had
the subject under consideration, and report: 1. That this transaction between the Chickasaws and Choctaws was founded upon’a convention and agreement made on the 17th day of of January, 1837, by which the Chickasaws obtained the possession of a district of country from the Choctaws, for which they engaged to pay the sum of $530,000; $30,000 of which to be paid, "and the remaining $500,000 to be invested in some safe and secure stocks, under the direction of the. government of the United States, redeemable within a period of not less than twenty years; and the government of the United States shall cause the interest arising therefrom to be paid annually to the Choctaws.”
By the thirteenth article of the treaty of the 24th May, 1834, with the Chickasaw tribe of Indians, it was provided that if the Chickasaws shall be so fortunate as to procure a home within the limits of the United States, it is agreed that, with the consent of the President and Senate, so much of their invested stocks as may be necessary to the purchase of a country for them to settle in shall be permitted to them to be sold.”
The arrangement between those tribes having been concluded by their agreement of the 17th January, 1837, as above stated, and submitted to the Senate for their consideration and consent, if ap
• proved, that consent was given in the following terms:
"Be it resolved, That the consent of the Senate of the United States be, and the same is hereby, given to the transfer of the Chickasaws' stock, not exceeding $500,000, standing on the books of the treasury to their credit to the Secretary of War, for the time being, to be held to, and for the use of, the Choctaws, according to the terms, and in execution, of the compact aforesaid, of 17th January, 1837." •
It will be seen from the premises, that the Senate has, by its action, fully corresponded with the terms of the convention and agreement between the United States and the Chickasaws, concluded on the 24th May, 1834, and accorded its consent, as invoked, to the agreement between the Chickasaws and Choctaws, of the 17th January, 1837, so far as it was requisite, to authorize the application of the stock of the Chickasaws to the payment of the Choctaws.
The execution of the intentions of the Senate, as expressed in their resolutions, belonged to the executive department of the gove ernment; and, as those intentions were fully expressed, and the necessary power fully conferred, the committee might close this report by the remark, that should the arrangement not have been
completed, then this power has not been expended, but may still be employed to its consummation. -5. But it appears by the documents communicated to the Senate by the President, that, since the transfer of the stock belonging to the Chickasaws to the Choctaws, and the acceptance by the latter, in February, 1841, "in full discharge of this obligation," the authorities of the Choctaws have discovered that this stock received by them at $500,000 had cosť- the Chickasá ws but $495,000; and upon this idea they base a claim against the Chickasaws for the difference of “$5,000, with interest from the date of transfer,” and this claim is brought forward without any proof of the intrinsic value of the stock at the time of transfer; while the committee believe that, in this transaction between two Indian tribes, the one conveying, and the other receiving, a consideration in discharge of an obligation, even should proof have been exhibited of the deficiency in value of the consideration, it would be irregular, if not unwarrantable, without a full understanding between the parties, and the consent of the Chickasaws, to make any further appropriation of their stock, in the hands of the government acting as their trustee.
The inexpediency, if not impropriety, of any interference with the rights of the Chickasaws in this matter will be still more apparent, when it is considered that, so far from the stock conveyed to the Choctaws being under the value of $500,000, it appears from the report of the Secretary of War, of the 14th January, 1843, to the House of Representatives, (Doc. No. 65, page 65,) that there was paid from the Chickasaw fund, for the same number of bonds of Alabama 5 per cent. stock, or the 29th May, 1838, the sum of $520,000, including a premium of $20,000.
As regards the rate of interest to be realized by the Choctaws from the stock transferred to them, no reference whatever is made to it in the agreements presented for the consideration of the Senate, and it therefore requires no remark on the part of the committee.
Under all the circumstances of the case, the committee can perceive no ground for any further action of the Senate on the subject, and Therefore ask to be discharged from its further consideration.
Proceedings of the Senate on the case of Major George B. Critten
den, and on the nominations of John S. Simonson and others.
FRIDAY, MARCH 2, 1849. On motion by Mr. Bright, Ordered, That the injunction of secrecy be removed from the nominations of John S. Simonson, William W. Taylor, Andrew J. Lindsay, Julian May, Daniel M. Frost, William B. Lane, and Caleb E. Irvine, contained in the message of the 12th December last, from the report and resolution of the Committee on Military Affairs, on the subject of the said nominations; and the case of Major George B. Crittenden, submitted the 28th February last, and from the proceedings of the Senate on the same.
TUESDAY, DECEMBER 12, 1848. The following message was received from the President of the United States, by Mr. Walker, his Secretary: To the Senate of the United States:
I nominate the officers named in the accompanying communi. cation, for regular promotion in the Army of the United States, as proposed by the Secretary of War.
JAMES K. POLK. WASHINGTON, December 12, 1848.
WAR DEPARTMENT, Washington, December 11, 1848.
PROMOTIONS IN THE ARMY OF THE UNITED STATES.
Regiment of Mounted Riflemen. Captain John S. Simonson, to be major, August 19, 1848, viceCrittenden, cashiered.
First Lieutenant William W. Taylor, to be captain, August 19, 1848, vice Simonson, promoted.
First Lieutenant Andrew J. Lindsay, to be captain, October 31, 1818, vice Taylor, resigned.
Second Lieutenant Julian May, to be first lieutenant, August 19, 1848, vice Taylor, promoted.
Second Lieutenant Daniel M. Frost, to be first lieutenant, October 31, 1848, vice Lindsay, promoted.
Brevet Second Lieutenant William B. Lane, to be second lieutenant, August 19, 1848, vice May, promoted.
Brevet Second Lieutenant Caleb E. Irvine, to be second lieutenant, October 31, 1248, vice Frost, promoted.
The message was read.
Ordered, That the nominations for promotion in the army be referred to the Committee on Military Affaris.
WEDNESDAY, FEBRUARY 28, 1849. Mr. Davis, of Mississippi, from the Committee on Military Affairs, to whom were referred, the 12th December last, the nominations of John S. Simonson, William W. Taylor, Andrew J. Lind. say, Julian May, Daniel M. Frost, William B. Lane, and Caleb E. Ivine, submitted the following report: The Committee on Military Affairs, to whom was referred the no. mination of " Captain John S. Simonson to be major, August 19, 1848, vice Crittenden, cashiered,” have considered the same, and report:
That having their attention drawn to the proceedings of the court martial before which Major Crittenden was tried, they called on the Secretary of War for a copy of the record of the trial of said Major Crittenden, and find such irregularities and defecis in the proceedings as, in their opinion, vitiate the sentence of the court.
The 641h, 69th, and 75th of the rules and articles of war require that general courts martial shall consist of not less than thirteen members, where that number can be convened without manifest injury to the service; and that, in addition to the membe.s of the court, there shall be a judge advocate appointed to prosecute in the name of the United States; also, under certain limitations, to act as counsel for the prisoner, and who shall act ander oath, as specified io the 69th article of war.
It is further prescribed that no officer shall be tried by officers of inferior rank, if it can be avoided; nor shall any proceedings or trial be carried on excepting between the hours of eight in the morning and three in the afternoon, excepting.in cases which, in the opinion of the officer appointing the court martial, require im. mediate example.
It appears by a statement of the Adjutant General, that in the corps d'armeè, with which Major Crittenden was serving, there were present four hundred and eighteen officers, and in the divisiod to which he was attached one hundred officers were present; and the committee have not been able to ascertain why, when the re. establishment of peace had suspended all active operations, a full court could not have been assembled to try a cause which involved the commission of an officer; nor why, for such an offence as that for which Major Crittenden was tried, the trial might not have been deferred until after the troops returned to the United States, and time and place gave opportunity for a regular, full, and patient