Mr. SHERMAN. Let me go on and finish my statement. I am very glad to hear that there was such an order; but the Senate will see at once the connection between what I state now and these letters. Mr. Sells, the superin tendent of these Indians, it was said had a son a member of the firm of contractors who, it was alleged, were to have very large and undue sums from the Government for supplying these very Indians. Now, the ComrIndAff on the 10th of May, wrote this letter to the SecyInterior: “SIR: In compliance with your direction under date of the 7thinstant.Icalled upon Superintendent Sells on the8thfor an up roximatostatement of the disbursementsmade of t o funds heretoforeplaced to his credit, not definitely accounted for, and also an estimateof the amount absolutely necessary to prevent starvation and sufferingby the Indians of is superintendency up to the closeof July next. “On this do Superintendent Sells has submitted the report an estimate called for. which, With the letter moppanyins it. I have the honor to transmit arswi. I have that letter. Ma“yI Ialsaondtralentstmerist oaf letter of Agent Harlan, dated Agents Reynolds and Dunn. Edxapted and itauyre8s, 1866, relating to the necessityof the heretofore made hp Superintendent Bells, and of a cpntinuanceofsupp iesto the Indians of their respective agencies." Then, the ComrIndAff very properly says: “When I becameaware of the fact that the ox pendituresfor subsistingand clothing thespIndians and exceeded the amount of funds at the disposalof the Deptapplicable to that object, I directed Superintendent So Is to incur no further expenditures in that behalf. I sawno other safecourseto pursue: but I feared than, and amcertain now, that great suffenngwill bethe result if steps are not taken to continue t o andof the Government to these destitute Indians." Here is a verysimple proposition. I During the session of congress, while we might have been called upon at any moment, if the money appropriated at the beginning of the session was exhausted, no further appropriation was made, and the ComrIndAff directed the local superintendent there to stop all disbursements on this account. If the matter had ended there, there would have been no claim for a deficiency. A few days after, I think the next day, the ComrIndAff wrote another letter, which I believe was also directed to Mr. Harlan, the SecyInterior. Here it is: “Sin: 0n the 10th of November last I had the honor to submit an estimate of the funds required to sfenepderainntdencldoetnhes destitute Indians of the southern for the 4th quarter.1865a, nd the 1st quarter.1 and to provide them With agricultural implements and seeds to enable them to provideTgl0‘tncurtmhibseyrooufrthfor ethIenidri aonwsntshuebnsrisetqeunicrien. Subslvmnee was 30 ounud 770; and the number to be clothed was 30,270. The rav agesof war had rendered all these utterly destitute, and dependenton the Governmentfor all the necessaries of life. SellTsh, e amountof funds called forby Superintendent at the time stated, to support these Indians for 6 months, was81, 185, 331 is I considereda ren. sonablosum for the objectsin view; but, in submit ting the estimate.I reduced the amountto 81,000,000, thinking that, Wi the conomy.this would be sufficient. In responseto this estimate, Congress.on the December, 1865, authorizeda transfer of $500,000from appropriations remaining unexpended for the suppression of the African slave trade, to the objectsfor which funds were then asked." I do not exactly see the connection between the 2 subjects; but it seems that this agent asked for $1, 185,000; the bureau here reduced it to $1,000,000; and the Indian Committee then came in, and Congress, upon th cir motion, appropriated $500,000. The ComrIndAff goes on and says: "This sum would not provide subsistencealonefor theseIndians. It allowed about nine centsperdayto each person for the time designated. Winter being upon them. Clothing was as necessary to prevent starvation as food. “Of the fund placed at the disposalof the Dept for the support of these Indians. $480,000 were expended by the superintendent, and the residue has bpen exended by Special Agent E. T. Smith for provisions urnished the Indians byhim atpomtsw ere no regular agent was stationed. “The statementof Superintendent Sells, which I had the honor to transmit to you on the 10th instant, (the dayof its receipt.)showsthat up to March 1, 1800, hehad expended 81715068 more than had up to that time beenplaced in his hands." How could a superintendent of Indian af fairs, in a remote region, dare take upon himself the responsibility of expending a quarter of a million dollars without an authority of law, when Congress had refuse to make the appropriation 7 Then, sir, this pregnant question came before us, where did he get this money to expend? Did he run in debt or allow these contractors to go on furnishing supplies after the money appropriated by Congress iad been exhausted? Was that the mode; or did he pay this money out of his own pocket? We supposed that no Indian superintendent could pay this sum out of his own pocket. The probability is that he allowed the contract v ors to go on under the old contracts to furnish supplies. We had no other information than this letter. What right had he, though, a subordinate officer of the Government, against the order by his own superior, who directed him not to expend more than the amount appropriated, and who states to us in this letter that he directed him not to expend more than the appropriation; what authority had he to expen more than a quarter of a million dollars without authority of law, when Congress was in session, and when no request was made of Congress to appropriate money for this purpose? These letters were laid before the ComFinance and they could not help but have an influence upon our action. I Wlll read on. “The sum “$50,000 has since been remittedtohim leaving a deficiencyof $177, 1506‘5up to that date. “The estimateof Sn erintendent Sells for funds required to cover this eficiency and continue the subsistence of these Indians up to the end of July next (the time when their crops may becomeavail able)isforSTWJIl 18; but ashocredits 845,000 instead of $50,00soince March 1, it should be $772, 71128; as follows: For deficiencyup to March 1, 1866. "$177, 15968 For subsistence for 12, 850loyal Creeks, Semine les, and Wichitas, from March 1, to July 31, 1866.153days, @ 15centsper day each. For subsistence16.500 Indians of mixed dtraibyes, s. from March 1to July 31, 18601,53 @ 10centsper day each. 202.4000 A $772, 71218 “That these Indians are destitute, and will really sufler starvation if not provided for by the Government, there can be no doubt; and I do not think the necessaryrelief can be furnished for a less sumthan th“at indicated by the superintendent, n my communication of the 10thinstantI stated that I had directed Superintendent Sells"And here I wish again to call the attention “of the Senate to disoontinus expenditures for thesupport of these Isnudffiaeprisn.g Althoug i I am assuredthat t oy are now for food, I do not feel authorized to revoke this orderuntil fundsare appropriated to meet such expenditures." 313, 10250 That is what Mr. Cooley says, and very properly says that he directed Superintendent Sci 3 to stop these expenditures. This is his 2nd letter; and yet in the face of that it seems that he went on and expended the money, without regard to conresS.