Reporter's Statement of the Case 103 C. Cls. or in the form of a copy, and its terms are unknown except as they are evidenced by appropriation acts of Congress. 4. (a) Unpaid annuities, $10,500.00. The plaintiff claims that the defendant failed to fulfill its obligations under the agreement of 1794 referred to in the act of 1799 for the last half of the year 1794 and for the years 1795, 1796, and 1797. For these three and one-half years the annuities, at the rate of $3,000 per year, would amount to $10,500.00. (b) Unpaid annuities, $42,000.00. The plaintiff further claims that the defendant failed to fulfill such obligations for the years 1798 to 1811, both inclusive, a period of 14 years and an aggregate of $42,000.00. Specific appropriations were made by Congress for the annuity of $3,000 beginning in 1798 and continuing down to 1901, beyond the period of claim made herein, the annuity being funded by the act of March 3, 1901, 31 Stat. 1058, 1062, in words as follows: For permanent annuity, in goods, three thousand dollars: Provided, That the Secretary of the Treasury is hereby authorized and directed to place upon the books of the Treasury, to the credit of the Chickasaws, the sum of sixty thousand dollars, being in full for the permanent annuity in money or otherwise, as guaranteed to them by the treaty of July fifteenth, seventeen hundred and ninety-four. The so-called "agreement" of July 15, 1794, referred to as such in the act of 1799, is indifferently referred to in the appropriation acts as "agreement" or as "treaty." Goods of the following values were forwarded from the War Department storehouse in Philadelphia for the Chickasaw Nation during the years listed: 1 Reporter's Statement of the Case The defendant's accounts are not in such shape or so complete as to show that the goods for these 10 years were paid for out of the money appropriated by Congress for the stipulated annuities of $3,000 per year, nor do the records show receipt of the goods by the Chickasaw Nation so forwarded from Philadelphia. The records do not disclose forwarding of goods from the defendant to the Chickasaw Nation for the years 1801, 1802, 1803, or 1804, but they do disclose the purchase by the defendant during those years from moneys appropriated by Congress in fulfillment of various agreements or treaties with Indians northwest of the Ohio, the Six Nations, Chickasaws, Cherokees, and Creeks, of goods for distribution as annuities to those tribes in the following amounts for the years set out: The record does not disclose how much of these purchases were for the account of the Chickasaw Nation. (c) Unpaid annuities, $4,446.05. From 1812 to 1852, both inclusive, a period of 41 calendar years, the total of annuities at $3,000 per year would be $123,000.00. This aggregate was appropriated by Congress in several amounts from time to time. From the aggregate of $123,000.00 so appropriated there were expenditures for the benefit of the Chickasaw Nation for the same period $115,553.95, leaving unexpended $7,446.05. Of the balance of $7,446.05 so unexpended, $3,000 was carried forward from year to year from that period and finally expended for refugee Indians, as set forth in Finding No. 8, infra. The final difference of $4,446.05 has not been disbursed for plaintiff's benefit. 5. Unpaid annuities, $2,000.00. Article 3 of the treaty of September 20, 1816, 7 Stat. 150, between the United States and the Chickasaw Nation, provided that the United States pay the Chickasaw Nation "twelve thousand dollars per annum for ten successive years." Reporter's Statement of the Case 103 C. Cls. The total obligation of the United States under this treaty provision was $120,000. Appropriations were made by Congress to pay this amount. Disbursements to fulfill the obligation aggregated $118,000 only. The difference of $2,000 is due and owing the Chickasaw Nation under this treaty obligation. 6. Unpaid annuities, $1,000.00. Article 3 of the treaty of October 19, 1818, 7 Stat. 192, 193, between the United States and the Chickasaw Nation, provided that the United States pay the Chickasaw Nation "the sum of twenty thousand dollars per annum, for fifteen consecutive years, to be paid annually." The total obligation under this treaty provision was $300,000. Appropriations were made by Congress to pay this amount. Disbursements to fulfill the obligation were as follows: Annuity, cash_. Iron and steel- Total. $298, 951. 00 49.00 299,000.00 The difference between the total obligation of $300,000 and the disbursement of $299,000 is $1,000, which is due and owing the Chickasaw Nation under this treaty obligation. 7. Education of children, $3,859.42. Supplementary Article II of the treaty of May 24, 1834, 7 Stat. 450, 456, between the United States and the Chickasaw Nation, provided "that three thousand dollars for fifteen years, be appropriated and applied under the direction of the Secretary of War, for the education and instruction within the United States, of such children male and female or either, as the seven persons named in the treaty to which this is a supplement, and their successors, with the approval of the agent, from time to time may select and recommend." Three thousand dollars per annum for 15 years is $45,000, and this amount was appropriated by Congress. From the amount so appropriated there was disbursed by the defendant, for the purposes of the treaty stipulation $41,140.58 only, an underdisbursement of $3,859.42. There is no evidence of record as to selection and recommendation of children for education. 1 Reporter's Statement of the Case 8. Refugees, $237,384.09. The Act of July 5, 1862, 12 Stat. 512, 515, entitled "An Act making Appropriations for the current and contingent Expenses of the Indian Department, and for fulfilling Treaty Stipulations with various Indian Tribes, for the year ending June thirtieth, eighteen hundred and sixtythree," appropriated to the Chickasaws "For permanent annuity in goods, per act of twenty-fifth February, seventeen hundred and ninety-nine," $3,000. The same act (id., 528) provided: That all appropriations heretofore or hereafter made to carry into effect treaty stipulations, or otherwise, in behalf of any tribe or tribes of Indians, all or any portion of whom shall be in a state of actual hostility to the Government of the United States, including the Cherokees, Creeks, Choctaws, Chickasaws, Seminoles, Wichitas, and other affiliated tribes, may and shall be suspended and postponed wholly or in part at and during the discretion and pleasure of the President: Provided, further, That the President is authorized to expend such part of the amount heretofore appropriated and not expended and hereinabove appropriated for the benefit of the tribes named in the preceding proviso as he may deem necessary, for the relief and support of such individual members of said tribes as have been driven from their homes and reduced to want on account of their friendship to the government. The act further provided: That in cases where the tribal organization of any Indian tribe shall be in actual hostility to the United States, the President is hereby authorized, by proclamation, to declare all treaties with such tribe to be abrogated by such tribe, if, in his opinion, the same can be done consistently with good faith and legal and national obligations. A like appropriation was made by Act of Congress March 3, 1863, 12 Stat. 774, 777, with the provision (id., 793) : That the Secretary of the Interior be, and he is hereby, authorized to expend such part of the amount heretofore appropriated to carry into effect any treaty stipulation with any tribe or tribes of Indians, all, or any portion, of whom shall be in a state of actual hostility Reporter's Statement of the Case 103 C. Cls. to the Government of the United States, including the Cherokees, Creeks, Choctaws, Chickasaws, Seminoles, Wichitas, and other affiliated tribes, as may be found necessary to enable such individual members of said tribes as have been driven from their homes, and reduced to want on account of their friendship to the United States, to subsist until they can be removed to their homes, and to assist them in such removal. A like appropriation was made by the Act of June 25, 1864, 13 Stat. 161, 165, with a similar provision as to relief of Indians adhering to the Government of the United States (id., 180) as provided in the Act of March 3, 1863. A like appropriation was made by the Act of March 3, 1865, 13 Stat. 541, 544, also with a similar provision for relief (id., 562) as contained in the Act of March 3, 1863. The Act of March 3, 1865 (id., 563), further authorized and directed the Secretary of the Treasury to pay to the Secretary of the Interior two hundred and fifty thousand dollars for the relief and support of individual members of Cherokee, Creek, Choctaw, Chickasaw, Seminole, Wichita, and other affiliated tribes of Indians, who have been driven from their homes and reduced to want on account of their friendship to the government, as contemplated by the provisions of an act entitled "An act making appropriations for the current and contingent expenses of the Indian department, and for fulfilling treaty stipulations with the various Indian tribes for the year ending June thirtieth, eighteen hundred and sixty-three," approved July fifth, eighteen hundred and sixty-two. The accumulation of annuities under the treaty or agreement of July 15, 1794, for the five fiscal years 1862 to 1866, both inclusive, was $15,000.00. To this amount is added $3,000.00 that had been carried forward from year to year from the period 1812 to 1852, both inclusive, as explained in Finding No. 4, supra, a total accumulation of $18,000.00. There has been appropriated by Congress and disbursed from funds in the defendant's hands standing to the credit of the plaintiff $237,384.09 for the benefit of refugee Indians, including Chickasaws. |