The spirit of the age. [volume] (Woodstock, Vt.) 1840-1844, 1841-01-22

the benefit OF The several tlDes OF lhulaHs haheu,
and he believed it to be true that, us yet, none OF
the sums had been invested, but that Congress had
preferred to appropriate annually the interest upon
them, as a part of the current annual expenses OF
the country. All of the treaties except one, tina,
with the Deawares, had been concluded since the
commencement of the year 1887, and his informal
ton WAS that, in all the eases, very few sales OF
the lands, coded by the respective treaties, had yet
been made; nor enough in many cases, to cover
the expenses Of treaties, and in none sufficient to
bring into the Treasury any considerable portion OF
the capital required 10 be invested
Another reason exists for the non investment OF
these suns, whi:h his ils foundation in the const-
tuition of the country. 1t is that Congress has mel
Their provided nor appropriated the money required
to make The Investments; and without an nppTo-
priaton by law, neiher the Secretary of the Treas
ury, nor the President can take money from the
Treasury for these or any O.her purposes. The
treaties create the liability against the {, States for
the 80, $50, 100 but it is not debt within the law,
and cannot be noticed such by the fiscal officer,
until Congress recognise il, and provide for II by
the proper constitutional appropriation. l he trea-
ties are the acts Of the President and Senate, the
treaty making power of the country, but Congress
and the President, the law making power, can alone
pay money, even under treaty, If, then, every
acre of the land coded by the Indians, and purchas-
ed BY and for the benefit of the United States,
under these several treaties, were TO be sold to-
morrow, and the money paid into the treasury,
neither the Secretary of War, nor the Secretary of
the Treasury, any other person, could legally,
or conslilulionay invest one dollar Of it, or pay II
out under any provision of the treaties, until Con-
gress shall have appropriated it by law, and direct
ed its application In these eases, as he had be-
fore said, the lands had not been sod, NE money
had not come into the Treasury, and Congress had
preferred rather to appropriate the annual interest,
than to borrow the money III advance, Tor the SIN
gle purpose OF funding il.
lie cheerful!y admitted that the amount was n
debt as far as the treaty making power could I'M
pose debt upon the country; bat ii was not La
bty upon the Treasury, within the laws of Con-
gress and could not, therefore, be recognised rs
debt by the Secretary of the Treasury, in present.
ing the state of the Treasury, It's means, and la
bcs to Congress- The government was bound
10 pay the interest upon these sums to the Indians,
or forfeit lis faith, pledged through the treaty ma
kim power, or it was bound TO invest the prlnci-
pal 50 that the Indians might receive the interest
from other debtors. Congress had exercised lis
option, aud preferred to appropriate the interest
simply, and wait the sale Of the land to realize the
capital 10 be invested.
Here Mr. Webster inquired, Where did Con-
gress ret the option:']
Mr. Wright asked, does it not follow, from the
very nature of the transactions between the plries
The Indians sell and convey their lands 10 the t..
States and surrender the title and possession to-
gelher, upon the faith Of treaty slipu'alluns, In
Consideration of the lands sod, the t. States agree
to hold certain portions Of purchase money, and
invest them for the Indians The United States
alone are trusted, and the receipt by the Indians OF
the annual interest upon the suns to he invested Is
n good compliance with the contract TO them
Would it not he IL pci1c, tcchni al compliance, if
the Government were, by way Of investment, 10
issue TO the Indians lis own STOCKS And can it be
materlpl, so long as the L, States choose to remain
the debtors, whether this form he gone through
WITH or the treaty be left The evidence of liahii
", and Congress annually appropriate the interest
on the money as il won!d upon the stocks : 1t
seemed to hitn that the inquiry of the Senator rails
cd distinction without difference Of interest on
either side and questioned the right of Congress to
it, option in II case where the 0pinn could not but
exi, roa the nature Of the transactions. The
most the Indians ran claim j. The Iia iy 1.-THE |.
States for the interest and principal oflhcir money
That they have by the snemnlli OF treaty sl'pua-
tons, while the money Is not invested. " hen II
shall be, they may have securities OF ii less drSlrH-
bic character, but in cOnlonnltNwh their contract
The only question, then, whi'h could Influence
ernrlent and the convenience Of It's Treasury.
Could il be- wise for Congress, in the GD'iIlmcnt
Of treaties Of this character, and with such plrlleS,
and at line when there was not n Surplus Of
money in the Treasury to have directed loans upon
the credit Of the people for the payment of debts,
the payment Of which WAS not matter of Feeling
or interest with the creditor, and for the eventual
payment Of which an ample fund hid bcos prosi.
ded by the terms Of the contract which made the
debt? Could lows have been made ut Il rate Of
interest less bauNut stipulated 10 be paid TO the
Indians That will no, be pretended.
Where, then, is the cause of complaint, or Of
fault! 1t is simply in the assumption that here is
n debt not mentioned by the President, and still
debt against the public Treasury and The people Of
The country.
Is this so in the sense in which the complain, has
been preferred by the honorable Senator against the
message OF the PRESIDENT Mr. Wright had admit
ted tina, there was u liability to pay, and an ample
fund in the lands coded by the Indian treaties to
make the plymenl aud had attempted to show that
Congress had acted wisely IN approprllllng the in
tetcst upon the money merely, until he sale Of the
lands should bring into the Treasury interest and
principal, and thus enable the investment to be
made without the contraction of Il permanent debt.
Was there any thing in all this new singular.
or peculiar to this Administration How long had
this Government been making treaties WIN The ln-
dams for the purchase of their land and contract
ing obligations with them' Aud flheSc are items
Of the public debt, why not their annuilies for the
purchase Of the sane lands, which are of large
amount They are debts in the nature of invest
ments, but they are never reported rs part Of The
public debt of the country. Neither are to be found
in any report heretofore made from the financial
department IF the Government, under any Admin
istraton which has ever existed, us items Of our
public debt. They are not so by the law, and they
have never been so treated in practice. lie had
in hi possession document which he had obtain
cd for another purpose, and which contained n
schedule of the entire Indian treaties up 10 last
year. lie should lhink-lnr he had not taken the
trouble 10 count lheu,-ihnt there were several
hundreds, and on casting his eye over them this
morning. he found they commenced, ut the latest
as early rs 1890, and hid been made constantly, if
not strictly annually, up 10 this time.
The practice of siipualng 10 invest sums Of cnpi-
tai, though not new in the administration of our
Indian affairs. had greatly increased within the las,
few years. lie had hid occasion 10 become per-
sonly acquainted with an old case. lie referred
to III, deposiie, by the Seneca Indians Of ~ York,