Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1840-12-25
One with the O,tawas and Chippewas,


g S,,savs l57 800
4 S25S0,l00
These treaties severally stpua.e that the sums above
named shall he in vested BY the L. D for the benefit OF
the several tribes of Indians named, and he believed
to be true That yet OF the sums had neen invest
ed, but that Congress had preferred 10 appropriate an
nuav the interest upon thcn as part oil The cureh.
annual expenses If the country All Of tile treaties e3
ce ut one that with the Deawares, had been concluded
since the commencement of the year 1897, and his IN
formation tla III all The cases. very lew sales OF
the lands coded BY the respective treaties had yet been
made: not enough, in many cases 10 cover Tue
OF the treaties aud none sufficient 10 bring into The
Treasury nv considerable portion of the capital required
Another reason exists for the nonnveslment Of
4 these sums which has its foundation in the Constitution
of the country 1t is, that Congress has neither pro-
yded nor appropriated the money required to make the
investments and without an Appropriation oy law,
neither the Secretary Of the Treasury, nor the fresl-
dent can take money from the Treasury for these or
any other purposes. The treaties ceae the Liability
against the United States for The $3.50, l00 but il IS
not debt within the law, and cannot be noticed as
such by the fiscal officer, until Congress recognise u,
and provide for it by the proper conititnnna anPro.
pration The treaties the acts OF he President ana
senate Tie treaty. making power of the country, but
Congress and the President, the awnakiny power can
alone pay money under treaty III then every
acre OF the land cedrd by the indians, and purchased
by and for the benefit OF The United States under these
> -
money paid into the Treasury neither the Secretary OF
War nor the Secretary Of the Treasury any other
person, could legally, or const'tutloLay invest one
dollar oc it, pay il out under any provision OF the
treaties until Congress shall have appropriated It by
law and dlrcred lis application. In these cases, as
lie had before sd the lands had not been sold, the
money had not coae into the Treasury. and Congress
had preferred rathc: 10 appropriate the annua interest,"
than TO borrow the nancy in advance, Tor the single
purpose of funding H.
10 nj he IN N " IS 4
4 as far the treaty makns power could impose debt
Il apon the country but II ms not liability upon the
Treasury within the laws oiCongress, and could not,
therefore, be rccos nscd as debt by The Secretary OF
tie Treasury, presenting tn Of the Treasury,
$ It's means and liabilities, 10 Congress. The Govern
i ment was bound pay the interest upon these sums to
the Indians, forfeit its faith pledged through the
treaty making power, or It was BOUND 10 invest the
principle that the Indians nigh eceve the interest
from other debtors. Congress had exercised its option,
and preferred appropriate the interest simply, and
wait the sale of the lands 10 realize he capital to be
II invested
y Here Mr. Webster inquired. "Wtere did Congress
IL get the option:
d Mr. Wright asked, does il no follow from the very
e nature Of the transactions between the parties, TIE
,r Indians sell and convey their ands TO the United
States and surrender the title possession together,
unon the faith of treaty stpulaton. In consideration
!, OF the lands sold, the United State agree 10 hold GER
tain portions Of the purchase Inonc and invest them
l. for the Indians. The United States alone trusted
and the receipt by the Indians Of lie annual interest
II upon the sums 10 be invested IS good compliance
J. with the contract TO them. Would not be perfect
technical compliance If the Government were, BY way
of nvcs,meni 10 the Indians Us own stocks
{. And be material 50 long as the l. : choose to
remain the debtors, whether tins form b. gone through
with or the treaty be left the evidence OF liability and
II Congress annually appropriate the interest on the mo-
ncy would upon the stocks ltscemed to him that
the Inquiry Of the Senator raised distinction without
e difference Of either side, and questioned
.lt.rnt hf
!, option could not but exist from the Of the ransac
n lions The the Indians can claim IS the liability
of the u s. for the interest and principal OF Their mo
ncy That they have by the soicmny OF treaty stipu
d latlons, while the money IS not invested. When u
shall be- they may have securities OF less desirable
character but in conformity with the contract The
only question: then, which could influence Congress
in It's option, the interest OF this Government ane
e the convenience of IFS Treasury.
d Could il be wise for Congress the ulfmcn oftrca
4 ties of this character and with such parties, and at
# time when there was not surplus OF money ~ thu
Treasury have directed loans upon the credit OF tn
people for the payment Of debts the payment OF wmcl
t. was not OF feeling or interest with Tie creditor
and for The eventual payment OF winch an ample unt
had been provided by the Of the contract which
a ma e the debt, Could loans have been made at rate
Of interest less than that stipulated to be paid to the In
n dams: That Will not be pretended
i. Where then is the of complaint. or OF fault =
d Ii is simply in the assumption that here IS debt no
= me nlioncd by the President, and still debt agains
d the public Treasury and the people OF the country
), Is tins go in the sense in which the comp liant ha
d been preferred by the honorable Senator against h
!, message OF the President: Mr.. Wright had admitted
d that there was liability 10 pay, and an ample fund i
the lands coded by the Indian treaties to make the pay
r. ment, and had attempted TO show that Congress hat
d acted wisely approprIang the interest upon the mo
l. ney merely until the sale o the lands should brn!
a INTO the Treasury interest and principal, and thus
able the pcsmen to be made without the contraction
!. of permanent debt.
% Was there any thing in all this singular, q
peculiar 10 this Administrations How long had th
!, Government been making treaties with the Indians fo
the purchase of their lands and contracting obligations
Ii with them; And if these are items of the public debt
ID why not their annutes for the purchase OF the same
IT lands which of large amount They arc debts II
the nature of Investments but they are never reported
as part of the public debt of the country Neither
to be found any report heretofore made from the
{, financial department of the Government, under any
Administration which has existed, items Of
:. public debt. They are not so by The law, and they
IS never have been treated in practIce lie had in h
II possession document which he had obtained for
Their purpose and which contained schedule Of the
entire Indian treaties up 10 last lie should thlnk
10 for he had not taken the trouble 10 count them
i. that there were several hundreds and casting hi:
eye them this morning, he found they commenced
al the latest as early $780, and had been made
stantly if not strictly annually up to this time.
The practice of STIMULATING 10 invest of capital
t thou oh not in the administration Of our Indian at
fairs, had greatly increased wlhn the last lew years
He had had occasion 10 become personally acquainted
J. with an old case He referred to the depose, by the
. Seneca Indians of New York, of the of 100000
with the United States, being part Of the coasdera-
money for their possessory title TO their reserva-
tons under the stipulation the part of this Govern
ment, he informed and believes, that they should
receive six per interest upon their capital loaned
He spoke from recollection, and would not be confident,
m but his impression that the entered into
S in le0G He could further inform the Senator, that,
during the administration of John Quincy Adams, this
money had been invested in the three per stocks
. of the U. S.. then outstanding, and that Congress,
while he was member of the other branch, he
recoeced and believed appropriated the other $4,000,
or about that sum- make up to the Indians the inter
J, est TO which they were entitled. This old
case and he spoke from memory in regard to it; but
from the honorable Senator could that we were
, now to go back TO the commencement Of our Indian
t latons and bring up account OF public debt, We
should be compelled look far behind the time of MIR.
10 Lnr,n eati-a calc.a.