ion,
heretofore made, of Reuben H. Walworth to be an associate justice of the
Supreme Court, in the place of Smith Thompson, deceased. I am informed
that a large amount of business has accumulated in the second district,
and that the immediate appointment of a judge for that circuit is
essential to the administration of justice. Under these circumstances I
feel it my duty to withdraw the name of Mr. Walworth, whose appointment
the Senate by their action seems not now prepared to confirm, in the
hope that another name may be more acceptable.

The circumstances under which the Senate heretofore declined to advise
and consent to the nomination of John C. Spencer have so far changed as
to justify me in my again submitting his name to their consideration.

I therefore nominate John C. Spencer, of New York, to be appointed an
associate justice of the Supreme Court, in the place of Smith Thompson,
deceased.

JOHN TYLER.

VETO MESSAGES.[134]

[Footnote 134: The first is a pocket veto.]

WASHINGTON, _December 18, 1843_.

_To the House of Representatives_:

I received within a few hours of the adjournment of the last Congress a
resolution "directing payment of the certificates or awards issued by
the commissioners under the treaty with the Cherokee Indians." Its
provisions involved principles of great importance, in reference to
which it required more time to obtain the necessary information than
was allowed.

The balance of the fund provided by Congress for satisfying claims under
the seventeenth article of the Cherokee treaty, referred to in the
resolution, is wholly insufficient to meet the claims still pending. To
direct the payment, therefore, of the whole amount of those claims which
happened to be first adjudicated would prevent a ratable distribution of
the fund among those equally entitled to its benefits. Such a violation
of the individual rights of the claimants would impose upon the
Government the obligation of making further appropriations to indemnify
them, and thus Congress would be obliged to enlarge a provision, liberal
and equitable, which it had made for the satisfaction of all the demands
of the Cherokees. I was unwilling to sanction a measure which would thus
indirectly overturn the adjustment of our differences with the
Cherokees, accomplished with so much difficulty, and to which time is
reconciling those Indians.

If no such indemnity should be provided, then a palpable and very gross