Excerpt from The Court of Claims Submitted the Following Report to the Honorable the Senate and House of Representatives of the United States in Congress Assembled: The Court of Claims Respectfully Presents the Following Documents as the Report in the Case of J. K. Rogers Vs. The United States
This claim, as stated, is based principally on the 12th and 15th articles of the treaty of 1835 and supplement thereto, and any im proper deductions made from the under the operations of the treaty of 1846 was not only a violation of the treaty of 1835, but was also an infringement of the rights of said Cherokees existing under it, as re - guaranteed by the l0th article of the treaty of 1846 which does not in any manner take away or abridge any rights 'or claims which the Cherokees (then) residing in States east of the Mississippi river had, or may have, under the treaty of 1835, and supplementary thereto. This is a clear affirmation of all their rights and claims under the treaty of 1835 by the treaty of 1846, and your petitioners are therefore, under a strict construction of the treaty of 1835, entitled to a much larger sum than that now claimed but they have thought it best under the circumstances to ask only for their proportionate share of the balance found due by the committee and Congress under the treaty of 1835 after deducting all proper charges from the over and above the 13 found due under the treaty of 1846, with an addition of the two items as already stated.
Your petitioner, at the 2d session of the 32d Congress, memorialized Congress in behalf of this claim, which was presented in the House of Representatives and referred to the Committee on Indian Affairs. Mr. Caldwell, of North Carolina, prepared a report in favor of principal and interest, which was unanimously adopted by the committee, but the committee not being called for reports during that session, it was not submitted to the House.
At the lst session of the 33d Congress this memorial was again presented in the House of Representatives, and again referred to the Committee on Indian Affairs, and on the 20th of March, Mr. Grow, from that committee, made a report in favor of the principal, with interest from December 14, 1852, to time of payment.' He also offered an amendment directing its payment to the general Indian appropriation bill, which passed the Committee of the Whole by a considerable majority, but was lost in the House.
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