NEGOTIATION OF TREATY OF 1846.

While these unhappy events were in progress Major Armstrong,

superintendent of Indian affairs, who was in Washington, submitted

to the Commissioner of Indian Affairs, at the suggestion of the

several Cherokee delegations, a proposition for the appointment of

a commissioner clothed with full powers to adjust all difficulties

between the various factions of their people.

The Commissioner replied that as the matter was before Congress and

would likely receive the speedy attention of that body, no action would

be justified by the executive authorities without first being assured

that the proposition was founded in good faith and would result in some

certain and satisfactory arrangement. He must also have assurance that

there existed a firm determination on the part of the Department and

of Congress to bring these troubles to a close before the adjournment

of the latter body. The Commissioner, however, drew up a memorandum

agreement for the signature of the several delegations of Cherokees

representing the different factions of the tribe. It provided for

the appointment of three commissioners, whose duty it should be to

examine into all matters in controversy and adjust the same, and that

all parties should abide absolutely by their decision, agreeing to

execute and sign such treaty or other instrument of agreement as should

be considered necessary to insure the execution of the award of the

commissioners.[495] This agreement was duly signed by the members of

the several delegations present in Washington, and in pursuance of

its provisions President Polk appointed[496] Edmund Burke, William

Armstrong, and Albion K. Parris commissioners with the powers and for

the purposes above indicated. These commissioners at once entered into

communication and negotiation with the three delegations representing

the different factions of the Cherokee Nation, which were then in

Washington, and the result was the conclusion of the treaty of August

6, 1846,[497] in thirteen articles, making detailed provision for the

adjustment of all questions of dispute between the Cherokees themselves

and also for the settlement of all claims by the Cherokees against

the United States.[498] This treaty, with some slight amendments, was

ratified and proclaimed by the President on the 17th of the same month;

an abstract of its provisions has already been presented. It was not

until this treaty that the Ross party ever consented in any manner to

recognize or be bound by the treaty of 1835.[499]

_Objects of the treaty._--The main principle involved in the

negotiation of the treaty of 1846 had been the disposition on the part

of the United States to reimburse to the Cherokee fund sundry sums

which, although not justly chargeable upon it, had been improperly paid

out of that fund.[500] In the treaty of 1835 the United States had

agreed to pay to the Cherokees $5,000,000 for their lands and $600,000

for spoliations, claims, expenses of removal, etc.[501] By the act of

June 12, 1838,[502] Congress appropriated the further sum of $1,047,067

for expenses of removal. As all these sums were for objects expressed

in the treaty of 1835, the commissioners who negotiated the treaty of

1846 regarded them as one aggregate sum given by the United States

for the lands of the Cherokees, subject to the charges, expenditures,

and investments provided for in the treaty. This aggregate sum was

appropriated and placed in the Treasury of the United States, to be

disposed of according to the stipulations of the treaty. The United

States thereby became the trustee of this fund for the benefit of the

Cherokee people, and were bound to manage it in accordance with the

well known principles of law and equity which regulate the relation of

trustee and _cestui que trust_.

_Adjudication of the treaty of 1835._--In order, therefore, to carry

out the principle thus established by the treaty of 1846, Congress,

by joint resolution, of August 7, 1848,[503] required the proper

accounting officers of the Treasury to make a just and fair statement

of account with the Cherokee Nation upon that basis. The joint

report of the Second Comptroller and Second Auditor was submitted to

Congress[504] after a full and thorough examination of all the accounts

and vouchers of the several officers and agents of the United States

who had disbursed funds appropriated to carry into effect the treaty of

1835, and also of all claims that had been admitted at the Treasury.

The Cherokee Nation of Indians. (1887 N 05 / 1883-1884 (pages 121-378)) · 第 180 / 266 题