VETO MESSAGES.[134]

[Footnote 134: The first is a pocket veto.]

WASHINGTON, _December 18, 1843_.

_To the House of Representatives_:

I received within a few hours of the adjournment of the last Congress a

resolution "directing payment of the certificates or awards issued by

the commissioners under the treaty with the Cherokee Indians." Its

provisions involved principles of great importance, in reference to

which it required more time to obtain the necessary information than

was allowed.

The balance of the fund provided by Congress for satisfying claims under

the seventeenth article of the Cherokee treaty, referred to in the

resolution, is wholly insufficient to meet the claims still pending. To

direct the payment, therefore, of the whole amount of those claims which

happened to be first adjudicated would prevent a ratable distribution of

the fund among those equally entitled to its benefits. Such a violation

of the individual rights of the claimants would impose upon the

Government the obligation of making further appropriations to indemnify

them, and thus Congress would be obliged to enlarge a provision, liberal

and equitable, which it had made for the satisfaction of all the demands

of the Cherokees. I was unwilling to sanction a measure which would thus

indirectly overturn the adjustment of our differences with the

Cherokees, accomplished with so much difficulty, and to which time is

reconciling those Indians.

If no such indemnity should be provided, then a palpable and very gross

wrong would be inflicted upon the claimants who had not been so

fortunate as to have their claims taken up in preference to others.

Besides, the fund having been appropriated by law to a specific purpose,

in fulfillment of the treaty, it belongs to the Cherokees, and the

authority of this Government to direct its application to particular

claims is more than questionable.

The direction in the joint resolution, therefore, to pay the awards

of the commissioners to the amount of $100,000 seemed to me quite

objectionable, and could not be approved.

The further direction that the certificates required to be issued by the

treaty, and in conformity with the practice of the board heretofore,

shall be proper and sufficient vouchers, upon which payments shall be

made at the Treasury, is a departure from the system established soon

after the adoption of the Constitution and maintained ever since. That

system requires that payments under the authority of any Department

shall be made upon its requisition, countersigned by the proper Auditor

and Comptroller. The greatest irregularity would ensue from the mode of

payment prescribed by the resolution.

I have deemed it respectful and proper to lay before the House of

Representatives these reasons for having withheld my approval of the

above-mentioned joint resolution.

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