the duty of paying pensioners without any other compensation than that derived from the deposites of the Government funds, and the duty, it is presumed, will be faithfully discharged by you upon the like terms.

You are enjoined to perform all the duties appertaining thereto, by conforming to the instructions which may be given you from this office, and the office of the Second Comptroller, and by accounting to the United States for all moneys that may, from time to time, be placed in your hands for the payment of said pensioners.

It is indispensably necessary to the faithful performance of these duties, that the pensioners be paid regularly in the legal currency of the United States or its equivalent.

To enable this Department to furnish you with the sums necessary to pay the pensioners in your agency, you will report to this Department on the 30th of June and 31st of December, every year, the amount of money which you may have on hand for that purpose, and state, at the same time, the names of the pensioners to whom any arrearages may be due during the preceding half year, and, also, those who have not applied for their stipends for the four successive periods of payment, as well as the names of every county in which every pensioner resides.

In conformity with established usages in such cases, you will be pleased to transmit to this Department your bond to the United States, with two good and sufficient sureties, for the sum of $ conditioned

that you will faithfully discharge the obligation above defined.

You will apply to Esq., late agent for paying the abovenamed pensioners, who will deliver to you the books, papers, and funds connected with said business, he having been directed to do so.

Enclosed, for your guidance, is a form for a semi-annual report.

Any further instructions required will be promptly given on application to me.

SIR: The president of the United States Bank having notified this Department of the resolution of the board of directors to close their office of discount and deposite at -, you have been appointed agent to pay the invalid and other pensioners heretofore paid in your State at the Branch of the United States Bank.

In consequence of the advantages which the banks derive from the deposites of the Government, no commission or other compensation is allowed to the presidents of the banks for discharging the duties of pension agents. You will be pleased immediately to notify me of the acceptance or non-acceptance of this appointment; and, in case of the former, you will, agreeably to the provisions of the act of 24th April, 1816, give your bond to the United States, with two good and sufficient sureties, for the sum of twenty-five thousand dollars, conditioned that you will faithfully

discharge the obligations aforementioned. Enclosed is the form of the bond, and the certificate of the United States district attorney.

Should you accept of the appointment, instructions will be given to you as to the manner of discharging the duties of the office.

To

I am, very respectfully, your obedient servant,

SIR: You are hereby appointed agent for paying pensioners in the State of No salary, commission, or other compensation is allowed for performing the duties of the office.

In conformity with established usages in such cases, you will be pleased to transmit to this Department your bond to the United States, with two good and sufficient sureties, for the sum of $

-; conditioned that you will faithfully discharge the duties of pension agent. Enclosed herewith is the form of the bond to be executed by you.

I also enclose a copy of the second section of the act of the 14th April, 1836, for your guidance in paying pensions; and, likewise, the form of a semi-annual return, to be made regularly to this office on the 30th June and 31st December, every year.

Funds will be sent to you, when necessary, on your making known to this Department the sum required, and for what particular class of pensioners money is wanted. In all cases when you receive a draft, you are requested to acknowledge the receipt of the same to this office, as well as to the Treasury Department.

No payment can be made in any case where a pension has been undrawn for two years, without first submitting the papers to this office for inspection.

These instructions apply to every description of pensioners, viz: invalid pensioners under any law, and revolutionary pensioners under the acts of March 18, 1818, May 15, 1828, and June 7, 1832.

The Second Comptroller will give you instructions as to the mode of keeping and rendering your accounts.

Any further information will be promptly and cheerfully furnished on your making known your wishes to this office.

I am, respectfully, your obedient servant,

J. L. EDWARDS.

CONGRESS

CHEROKEE DELEGATION.

MEMORIAL

OF

THE CHEROKEE DELEGATION,

Submitting the memorial and protest of the Cherokee people to Congress,

APRIL 9, 1838.
Laid on the table.

To the honorable the Senate and House of Representatives of the United States in Congress assembled:

The undersigned delegation from the Cherokee nation most respectfully beg leave to submit the accompanying memorial, bearing fifteen thou sand six hundred and sixty-five signatures of the Cherokee people, together with some papers annexed, which have just been despatched to the delegation by express from their constituents. To these documents the attention of your honorable bodies is respectfully requested; and, as în duty bound, your memorialsts will ever pray.

JOHN ROSS,
R. TAYLOR,

EDWARD GUNTER,
ELIJAH HICKS,

JAMES BROWN,

SAMUEL GUNTER, his + mark.
SITEWAKEE, his + mark.
PHITE PATH, his + mark.

WASHINGTON CITY, March 12, 1838.

To the honorable the Senate and House of Representatives of the United Stales in Congress assembled:

MOST HUMBLY AND MOST RESPECTFULLY SHEWETH:

That whereas we the undersigned, citizens of the Cherokee nation, have always regarded the instrument purporting to be a treaty made in December, 1835, at New Echota, by the Rev. John F. Schermerhorn and certain unauthorized individual Cherokees, to be a violation of the fundamental Thomas Allen, print.

principles of justice, and an outrage on the primary rules of national intercourse, as well as of the known laws and usages of the Cherokee nation; and, therefore, to be destitute of any binding force on us : And whereas, at a general council of the nation, held at Red Clay, in September, 1836, our sentiments were set forth, and our solemn protest entered against it: And whereas, at a subsequent general council of the nation, held at Red Clay, in August, 1837, a communication from the President of the United States, on the subject of said instrument, was delivered in full council by Colonel John Mason, special agent of the United States: And whereas, after mature deliberation on the said communication, the resolutions of the preceding council, in reference to that compact, were reaffirmed, together with the memorial which accompa nied the same: And whereas we entertained the belief that, through the medium of the special agent's report, the President would become correctly informed of the true state of the matter, and of the real sentiments of the Cherokee people: We therefore cherished the confi dent hope that he would abrogate that fraudulent instrument, and at once enter into arrangements with us for the adjustment of all difficulties. With these views, we then appointed a delegation to represent us before the Government of the United States, and vested them with full powers to make final arrangements of all matters in controversy; and we were animated with the prospect of a speedy termination of our distresses. But the cup of hope is dashed from our lips; our prospects are dark with horror; and our hearts are filled with bitterness. Agonized with these emotions, language fails; our togues falter as we approach the bar of your august assemblies, before whom we again beg leave humbly to present our grievances.

With the full details of our troubles, we forbear to trespass on your indulgence. They are extensively known, and our delegation now at Washington will be found ready to furnish any information which may be needed. We therefore respectfully present the following, which will show the appalling circumstances in which we are placed by the operation of that perfidious compact.

A communication has recently issued from the United States agency, addressed to the chiefs, headmen, and people, of the Cherokee nation, in which we are told that "the Executive has formally declined all intercourse or correspondence with Mr. Ross, in relation to the treaty," and "that an end has been put to all negotiation upon the subject.” "That it is the unalterable determination of the President to execute the treaty." "The time cannot possibly be prolonged." "Another day beyond the time named cannot and will not be allowed you." The writers say, "We will not attempt to describe the evils that may fall upon you, if you are still obstinate, and refuse to conform to the requirements of the treaty:" we will not paint the horrors that may ensue in such an event." It will be readily conceived that declarations like these, emanating from such a source, our country already filled with troops, cannot fail to fill our minds with consternation and surprise. What have we done to merit such severe treatment? What is our crime? Have we invaded any one's rights? Have we violated any article of our numerous treaties? Have we, in any manner, acted in bad faith? We are not even charged with any such thing. But we are accused of "laboring under a danger