[Petition] to the Senate [and] House of Representatives of the Congress of the United States, 1844 Dec. 18

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To the Senate & House of Representatives of the Congress of the United States.
Memorial of William H Thomas
Dec 18. 1844

The undersigned memorialist respectfully represents that shortly after the Cherokee treaty of
December 1835, was concluded he was requested by the Rev. John F. Schermerhorn -- The Commissioner on the part of the United States that concluded the treaty -- to furnish the Cherokee Indians, whose crops had been destroyed by the early frost, until the supplies provided [illegible text] and to be furnished by the United States under the 18th article of the treaty could be brought to their relief, with an assurance that I would be paid for the provisions and clothing thus furnished. In compliance on my part I furnished to the amount of $750. and subsequently on ascertaining that the Cherokee Commissioners acting [added text: under ] this provisions of the 17th article of the treaty were authorized to examine and certify claims of that discription [description] I applied to them to examine and certify my claim which was [unclear text: according ] certified by them. (Gov Lumpkin & John Kennedy.) I subsequently came to Washington City a distance of about


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700 miles and presented my claims to the Hon. T. Hartley Crawford Commissioner of Indian Affairs - for payment At that time an appropriation had been made to pay for the provisions and clothing furnished under the 18th article of the treaty, but the claim, I was informed, could not be paid because it was informal. In the [unclear text: account ] the money sent by my agent to the State of Tennessee and expended there in the purchase of corn for the Indians which was received there by them was charged as so much money advanced for the Indians instead of charging them with the corn purchased, In consequence of this discrepancy I was compelled to return home without being able to procure payment.
Subsequently I made application for payment to the Indian office and received a similar decision when I appealed to the Secretary of War, who refered [referred] the claim to the 2d [Second] Auditor who reported in favor of its being paid -- and refered [referred] it back to the secretary of war for his order directing payment --


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It was then discovered that the fund appropriated under the 18th article which was [unclear text: applicable ] to the purpose of paying the claim, had been paid to Jno [John] Ross, whereupon it was decided that my only remedy was by application to Congress, which has lead to the course now now [now] adopted. The papers necessary to a full explanation of the claim and herewith submitted.
Marked A. The claim certified by the Cherokee Commissioners, and acknowledged by the Indians furnished, before three acting Justices of the peace, whose qualifications are certified to, under the seal of the cle [added text: r ] ks. Marked B. [unclear text: Rev ] Schermerhorns letter requesting the Indians to be furnished [unclear text: C ] Commissioners certificate. Marked D. depositions numbering from 1 to 6, which proved that the Indians were furnished as charged on the account. Marked E no 7 certificates of Maj Wear showing why the claim was not paid. When application for payment was first made. Marked F. decision made on the claim in
1839. by the Commissioner of Indian Affairs. Mared [Marked] "G. report made by the 2d [Second] Auditor (Hon Wm B Lewis) in favor of paying the claim. Marked H. [unclear text: decision ] thereon by the secretary of War (Hon William Wilkins) in which he [unclear text: decides ] that the funds applicable to the purpose of paying the claim had been expended. The undersigned memorialist therefore begs leave to request the passage of a law for his relief, and he as in duty bound will ever pray
[Signed] W. H. Thomas





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29th Cong [Congress]
[unclear text: 1 ] Sess [Session] } [unclear text: S ]
Memorial of Wm [William] H. Thomas, praying payment for provisions furnished the Cherokee Indians during the year
1836.

1844 Dec. 23d [23rd] Referred to the Com.: [Commission] on Indian Affairs.
1845 Feb. 18 Bill reported S. 136

1846. Jan 8. Referred to the Com. [Commission] on Indian Affairs. "
March 2. Report adverse. "
April 7. considered & reso: [resolution] agreed to

Mr. Haywood

[unclear text: I1816 ]

1

I also loaned to the Indians [illegible text] tools I had on the [illegible text] Road

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