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Washington City DC
October 20, 1839
Geo W. Churchwell Knoxville Ten
Dear sir,
your favor of the
12th inst [instant] was received by this mornings' mail. In relation to your coming here I at present unable to advise you of the time your presence here will be necessary as the Commissioner of Indian Affairs has not as
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yet completed his long looked for report, I presume he has it in contemplation to have it prepared to submit to the Secretary of War in a few days, but in the time it was to be completed he has been so often [unclear text: deceived ] I deem it unnecsary [unnecessary] to set any time as the probable one. When made I will inform you thereof with the particulars in relation thereto. Then and not until then can I inform you of the time you should come on I think it probable though it will not be necessary before the meeting of Congress.
As relates to the revocation of the powers of attorney mentioned in my communication refered [referred] to, I perceive you did not fully understand my meaning for want of a proper explanation, suppose by way of illustration A. a Cherokee gives a power of attorney to B. a white man and when the claims are finally settled and payment to be made by the United States. suppose A should object to the money due him being paid to B on his power of attorney on the ground that by the terms of the treaty it was to be paid to him in person the question would then have to be submitted to the attorney general to decide whether not the treaty required payment to be made in that manner in the event of his deciding it did I was at a loss to perceive how the law to the contrary could be of any advantage, the treaty being the Supreme law of the land. By proper attention as I have before observed I am inclined to think we will have nothing to fear from that question The reconsideration of the claim of the cherokees I represent for commutation of removal and subsistence allowance amounting to about $ 55.000 will be taken up the last of next week the ground upon which it was previously rejected by the Commissioner (of Indian Affairs) was by confining the Construction to the letter of the treaty & refusing to abmit [admit] any interpretation founded on the intention of the [added text: consenting ] parties while preparing that claim for reconsideration I have attached thereto a claim for preemptions amounting to upwards of $100,000 that if the construction be confined
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to the letter must be allowed for it was previously rejected by admitting an interpretation founded on a supposed intention of the contracting parties and as the former decision was expected I I [I] thought I would give it an other [another] trial
Mr Rogers is still here but has troubled himself very little about business since you left here his attention as you can imagine has had a different direction, he taks [talks] of going to the south in a short time but as to his doing so I consider it [added text: very ] much like Mr Crawford s' time of finishing his report uncertain
yours & c [et cetera]
[Signed] WHT [William Holland Thomas]