EXHIBIT B. HEADQUARTERS DEPARTMENT OF THE CUMBERLAND, Chattanooga, March 10, 1864. COLONEL: You will march with your regiment on Monday morning next on a recruiting expedition. You will march up the Sequatchie Valley to Pikeville, thence across to Caney Fork and the Calf Killer rivers, varying your line of march as you may think best for the accomplishment of the business upon which you set out. You will impress no negroes, but take such as volunteer and bring them to this place and add them to the two regiments now being organized at this place. You will take such supply of provisions as you may think advisable, but encumber yourself with as little transportation as you can make answer. Having finished this duty, you will return to your camp at this place. Very respectfully, your obedient servant, WM. D. WHIPPLE, Brigadier-General, and Assistant Adjutant-General. Col. T. J. MORGAN, Commanding Fourteenth U. S. Colored Troops. EXHIBIT C. HEADQUARTERS ORGANIZED U. S. COLORED FORCES, Lieut. Col. H. C. CORBIN, Commanding Fourteenth U. S. Colored Troops. COLONEL: In obedience to instructions received from department headquarters, you will march, at an early hour on Monday, March 14, 1864, with five hundred men of your command, to Sparta, Tenn., via Pikeville. When there, you will take measures to protect yourself from the enemy, and will use all proper means to enlist all able-bodied negro men to be found in that section of the State. You will take all who volunteer, regardless of the wish of the owner. You will encumber yourself with as few women and children as possible. You will impress no negroes, nor allow any one to intimidate them to prevent their enlistment. Any citizen or soldier attempting to dissuade, or in any manner prevent men enlisting, will be arrested, and any United States officer doing the same will be reported to me. No straggling nor pillaging must be allowed. Having accomplished your mission, you will return to this place, bringing with you such recruits as may be obtained, and report to these headquarters. I am, Colonel, respectfully, your obedient servant, THOS. J. MORGAN, Colonel Fourteenth U. S. Colored Troops, Superintendent Organized U. S. Colored Troops. O 1st Session. No. 215. MEMORIAL OF EASTERN OR EMIGRANT CHEROKEES. MARCH 12, 1900.-Referred to the Committee on Indian Affairs and ordered to be printed. Mr. COCKRELL presented the following MEMORIAL OF THE EASTERN OR EMIGRANT CHEROKEES, SO CALLED, PRAYING FOR THE PAYMENT TO THEM, PER CAPITA, OF THE FUND PLEDGED TO THEM BY THE NINTH ARTICLE OF THE TREATY OF 1846, AND FOUND DUE THEM BY THE AWARD OF THE EXECUTIVE DEPARTMENT OF THE UNITED STATES AS AUTHORIZED BY ACT OF CONGRESS OF MARCH 3, 1893. (27 STATS., 643). MARCH 12, 1900. To the honorable the Senate and House of Representatives in Congress assembled: Your memorialists, the Eastern or Emigrant Cherokees, respectfully and humbly represent that under the treaty of 1835, amended by articles 2 and 3 of the supplement to said treaty, there is due them the sum of $1,111,284.70, with interest, at the rate of 5 per cent, from June 12, 1838, until paid, and that this sum was duly awarded to them under the contract of December 19, 1891, approved by Congress, March 3, 1893, by formal judgment of the Executive Department of the United States in 1894, acting under such act of Congress. THE CONTRACT OF 1891 AND THE JUDGMENT OF 1894. By the contract of December 19, 1891 (p. 59), ratified and confirmed by the act of Congress of March 3, 1893 (p. 12), the United States bought from the Cherokee Nation 8, 144,682.91 acres of land west of the ninetysixth degree. The United States agreed to pay certain moneys therefor, and in addition to pay the Cherokees whatever amount should be found due them on an accounting to be made by the United States. under the several treaties with said Cherokees. The contract guaranteeing to make this accounting and pay the award found due thereunder was ratified by Congress March 3, 1893, and the executive department of the United States under said act immediately appointed two expert accountants (especially trained by many years of experience) to perform this onerous task. It took them until April 28, 1894, to complete the accounting. It involved 30,000 vouchers and a review of the relations of the Government with the Cherokees for exceeding sixty years. The judgment and award was delivered to the authorized representative of the Cherokee Nation, Hon. R. F. Wyly, and by him reported to the Cherokee national council. The award was accepted by the national council by a formal statute on December 1, 1894 (p. 96). This judgment and award was prepared in accordance with the act of Congress of March 3, 1893, above cited, which appropriated $5,000 for services of the experts to make the accounting (p. 12 herewith), and was conceded to have been prepared in accordance with said act of Congress of March 3, 1893, by act of Congress of March 2, 1895 (U. S. Stats., 28, 795). By the terms of the contract ratified by Congress March 3, 1893, this judgment and award was "final." It is as much a judgment against the United States as a judgment of the Supreme Court of the United States. It is res adjudicata. It can not be reviewed or attacked by any collateral proceeding. (Johnson 2. Towsley, 13 Wall., 72; Marquez v. Frisbie, 101 U. S., 473; Cocke e. Halsey, 16 Pet., 79, etc.) THE BASIS OF THE AWARD AND JUDGMENT OF 1894. No question is made with regard to the accuracy of the figures in the accounting, and the principles of law controlling both the principal and the interest of the award aforesaid have been positively determined by the Senate of the United States, construing the treaty. It is therefore only necessary to point out the manner in which the Senate of the United States has determined the principles of law by which the executive department was controlled in making up the judgment and award in favor of the " Eastern" Cherokees. FIRST AS TO INTEREST. The Senate of the United States on September 5, 1850, acting as umpire under article 11 of the treaty of 1846 (p. 11) (Senate Journal, first session Thirty-first Congress, 601), passed the following resolution: Resolved, That it is the sense of the Senate that interest at the rate of 5 per cent per annum should be allowed upon the sums found due the "Eastern" and "Western ” Cherokees, respectively, from the 12th day of June, 1838, until paid. SECOND AS TO PRINCIPAL. The Eastern Cherokees are entitled to the principal sum of $1,111,284.70 for the reason that this money was appropriated to them by act of Congress July 2, 1836 (U. S. Stats., 5, 73) (p. 11), as a part of the $5,000,000 fund, or treaty fund," paid for the eastern lands of the Eastern Cherokees by the United States under the treaty of 1835, and which was erroneously and unlawfully withdrawn therefrom by the accounting officer of the Treasury. This erroneous and unlawful withdrawal occurred in the following manner: The Congress of the United States on July 2, 1836, appropriated $600,000 for spoliations and removal" of the Eastern Cherokees, on the theory and on the judgment of the Senate of the United States that removal was not chargeable to the "treaty fund." Congress, again, on June the 12, 1838 (p. 11), upon the estimate of the Secretary of War that such sum was needed for removal, appropriated the further amount of $1,047,067 for the "removal" and subsistence of the Eastern Cherokees. The War Department expended $1,111,284.70 (p. 85) for remoral” in excess of the amount appropriated by Congress for this purpose and found it convenient to charge this excess to the "treaty fund." The entire question as to the correctness of the award of the executive department of April 28, 1894, in favor of the "Eastern" Cherokees turns on the right or wrong of charging the "treaty fund" with the expense of "removal." “Removal" was not chargeable to the "treaty fund" or to the Eastern Cherokees but to the United States. THE SENATE AS UMPIRE. The exact question whether "removal" should be charged to the tive million or treaty fund was submitted to the Senate of the United States by the second and third articles of the supplement to the treaty of 1835 (p. 9), and it was decided by the Senate, then and there, with full knowledge of the points involved, that it was not intended by the Senate that the treaty fund should include the cost of "removal." And the Senate of the United States did, then and there, make a special provision of $600,000 for the purpose of "removal" and spoliations. Congress confirmed this act of the Senate and appropriated the money for the objects specified on the theory that the treaty fund was not chargeable with “removal" on July 2, 1836 (p. 11). On the theory of the War Department that "removal" would only cost $20 per capita, the appropriation made was abundant. Of the $600,000 there was used for spoliations, $264,894.09, leaving for removal $335,105.91 (p. 85) which would have moved, at $20 each, 16,755 Eastern Cherokees, when, in point of fact, the John Drennen Rolls showed only 14,098 Eastern Cherokees in the Cherokee country west in 1852, after the "removal" was completed (p. 88). CONGRESS DECIDES THE QUESTION JUNE 12, 1838. The Congress of the United States on June 12, 1838, appropriated for removal" and subsistence the further sum of $1,047,067, fully comprehending that the Cherokees were not chargeable with "removal, and that the United States was chargeable with "removal” (U. S. Stats., 5, 242), as follows, to wit: SECTION 2. Be it further enacted, That the further sum $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 supplementary articles of the treaty of 1835 ["removal,"] between the United States and the Cherokee Indians, and for the further object of aiding in the subsistence of said 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. So that the Congress of the United States on July 2, 1836, having confirmed the judgment of the United States Senate of May 23, 1836, that "removal" was not chargeable to the $5,000,000, or "treaty fund," did thus again, by the formal act just quoted, on June 12, 1838, declare the principle and confirm the construction of the Senate of the United States, that the cost of "removal" was not chargeable to the $5,000,000, or treaty fund," belonging to the Eastern Cherokees. Nevertheless, without authority of law and in great error, the accounting officers of the Treasury did charge to the $5,000,000 or "treaty fund," the enormous sum of $1,111,284.70 on account of "removal" (p. 85). THE SENATE DECISION FULLY JUSTIFIED IN 1836. The decision of the Senate was fully justified by the fact that the Senate, as umpire, had declared in 1835, preceding the treaty, that the |