In the Matter of the Award Made By the Senate of the United States in Favor of T

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In the Matter of the Award Made By the Senate of the United States in Favor of T
Truman Smith
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, 344, 349.
An immense number of authorities could be cited to the same effect.
11 Why, then, are not the United Stales conclusively bound by the award, and how is it that the idea is entertained that this subject can be taken up ab ovo ? That the result, if adverse to the Choctaws, would be held to be binding on them, is certain. Have the United States peculiar pre- rogatives and privileges in this regard ? There is in the treaty of September 22, 1855, an undertaking by the United States to ab
...ide the award of the Senate and to carry the same into full eftect. It is true that we do not find this expressed in so many words in the 11th and 12th articles, but the undertaking arises out of the nature of the transaction, and is, in effect, written in those articles with a pencil of light. Would any citizen, having the slightest desire that the honor of our Government and the charac- ter of our people for rectitude should remain untarnished, be willing to have the treaty construed thus ? As for you, the Choctaws, the action of the Senate, if adverse to your claim, shall be binding, but if contrary to our view of the merits, we are to have a large liberty, that action shall be binding or not binding; we will pay or not pay in the exercise of our sovereign will and pleasure as we may see fit.

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