
    THE CHOCTAW NATION v. THE UNITED STATES.
    (21 C. Cls. R., 59; 119 U. S. R., 1.)
    
      Both parties Appeal.
    
    The Choctaw Nation demands redress (1) for the net proceeds of ceded lands under Art. 18, treaty 1830; (2) for lands reserved to Choctaw families under Art. 14; (3) for reservations under Art. 19 in favor of designated individuals and classes; (4) for land appropriated by statute in establishing the Arkansas boundary; (5) for arrearages of annuities; (6) for bonds not delivered pursuant to the act 1st March, 1861; (7) for interest on funded scrip pursuant to the act 3d March, 1845; (8) for expenses of removal of certain families west of the Mississippi; (9) for rifles, ammunition, etc., pursuant to Art. 20. The United States, by the act 23d August, 1842, provide for ascertaining the number of Choctaws entitled to relief under Article 14; by the act 3d March, 1845, provide for the retention and funding of half the scrip authorized by the act 1842; by the act 21st July, 1852, provide for the payment of the amount funded, but upon condition that the Choctaw Nation relinquish all demands founded on awards under the act 1842; by the treaty 1855, agree to submit all questions in controversy to the adjudication of the Senate; by the resolution of the Senate 29th March, 1859, make an award favorable to >the Choctaw Nation; by the act 2d March, 1861, authorize $500,000 to be paid, but by subsequent acts suspend payment of half; by the treaty 1855 agree that the western boundary of Arkansas start from a designated point and run on a prescribed course; by the act 3d March, 1875, ratify an erroneous boundary which encroaches upon the territory assured by the treaty; by the act 3d March, 1881, confer jurisdiction on this court with power 11 to review the entire question of difference de novo.”
    
    
      The court below decides:
    (1) The claimant having voluntarily come into court under the Act 3d March, 1881 (21 Stat. L., 504), it becomes the paramount law of the case and destroys the sanctity of the award of the Senate under the treaty 1855.
    (2) The reservations made by Art. 19, treaty 1830, are dedications of certain amounts of land for the benefit of specific classes of persons. A surplus of one can not be applied to a deficiency of another.
    (3) As no claims founded.on Art. 19 were presented to the commissioners under the act 1842, they are not barred by that statute.
    (4) The western boundary of Arkansas having been fixed by the treaty 1855, the Choctaws were not bound by an erroneous survey, nor by the Act 3d March, 1875 (18 Stat. L., 476), which adopts the survey and makes the encroachment a part of the public domain.
    (5) Where a boundary was fixed by treaty, a claim for an encroachment is a claim founded upon treaty, though the encroachment was sanctioned by statute; of it the court has jurisdiction under the act 1881.
    (6) The Act 2d March, 1861 (12 Stat. L., 238), directing that bonds to the amount of $250,000 be issued to the Choctaws on account of the treaty obligations of the United States vested no right. The refusal of the Executive to deliver the bonds, and the Act 14ih February, 1873 (17 Stat. L., 462), prohibiting,the issuing, took away none, but left all treaty obligations unimpaired.
    (7) The adjustment and release of claims under the Act 21si July, 1852 (10 Stat. L., 19), extended to interest, it being an incident of the claims released.
    (8) The emigration of the Choctaws between 1834 and 1845 was in pursuance of the policy of the United States ; and there being nothing in the treaty 1830 in the nature of a forfeiture clause the Choctaws are entitled to recover for the expenses of removal.
    (9) The emigration subsequent to the year 1843 was under the treaty 1830, and the Choctaws were entitled to the rifles promised by Art 20.
    Tbe Court of Claims rendered judgment on tbe foregoing facts for $386,605.32.
    Tbe judgment of tbe court below is reversed, on tbe ground that while tbe jurisdictional act did not give tbe Senate award conclusive effect as res judicata it did not set it aside or deny it effect as to tbe validity of tbe claims allowed under it. Tbe act opened tbe award and cast upon tbe United States tbe burden of disproving its j usticé and fairness. The proceedings under the arbitration were ratified and confirmed Sy the United States by the Acts of March 2, 1881 (12 Stat. L., 238), and of June 23, 1874 (18 Stat. L., 230), and the award of the Senate furnishes the nearest approximation to the justice and right of the case that it is practicable for a court to reach after the lapse of time, and is adopted by the Supreme Court as the basis of its judgment.
    The mandate of the Supreme Court directed the court below to enter judgment for the sum of $2,858,798.62.
   Mr. Justice Matthews

delivered the opinion of the Supreme Court, November 15, 1886.  