The daily union. [volume] (Washington [D.C.]) 1845-1857, 1846-02-19

the act of June 18th, 1914, Pio"une ~ $3.50 49,
ment Of certain land CLAIMS ~ he Commute ON Pr.
them; which was reieHeu 7" Wv W. ~
'", az DICKINsoN presented the petition Of ship
,,as,s,s and seamen engaged In navigation on the
go nraying that Cattaraugus harbor on Lake
Es. NAV be Completed and lighted; which was re-
rr,ed 10 the Committee on Commerce.
Mr. d. also presented the petition of G. Il. Van
Ness formerly collector Of the district Of Vermont
praying the passage Of law refunding TO him GER
lain moneys wrongfuly paid into the treasury of the
United States by him while holding said office; which
was referred TO the Committee on the Judiciary.
MIR. MANGUM presented the memorial of Cay
Ter w. Young, praying grant Of land in the ter
ritory OF Oregon for the purpose Of occupation and
settlement by emgranls from the United States
which was referred to the Committee on Foreign
Relations.
On motion of Mr.. DAYTON, it was ordered
that VIM. Fuller and Orlando Saltmarsh have leave
to withdraw their petition and papers.
NEW rosr-RourEs.
MIR. ASHLEY submitted the following rcsolu-
ton; which was eoncuned in
Resolved That the Committee the Post Once aud Post
Roads be ntructed to inquire into the expedency OF
fishing posttoute from Pine Bluffs county Via
Princeton and DallaspoIt, to Warrington, Hemp tead
BsesSs up Passe Bayou, via the residence John Mar
state
MINERAL LANDS,
Mr.. BREESE, pursuant To notice, asked and OBJ
tanned leave TO introduce the following Joint resolu
| ton;
BE nrssoissd &C. &C. That the and control of the
mineral lands oft United States be restored to the Treas
ury Department
i The Joint resolution was read first and second
| time, and referred to the Committee on Public
Lands.
On motion, il was
Resolved. That when the adjourn be to meet on
Monday next
/ REPORTS COMMITTEES.
! Mr.. CAMERON, from the Committee on Pat.
ents and the Patent Office submitted adverse re-
port upon the petition Of David Little.
4 Mr.. c. also, from the same committee, reported
without amendment the bill declsraory Of the pow
ers and egszng certain acts, Of the chief clerk Of
the Patent Office.
Mr.. CHALMERS, from the Committee on Pub
lie Lands, asked that said committee be discharged
from the further consideration Of the petition Of
John A. Rogers, and that the same be referred 10
the Committee of Claims; which was agreed to.
i RELIEF ELIJAH WHITE.
l Mr.. ATCHlS0N moved that the prior orders of
the day be postponed, and that the Senate resume
the consideration of the bill for the relief of Elijah
i White; which motion agreed to.
Il The PRESIDENT announced the said bill as
in committee of the whole, and open to amend
ment.
Messrs. EVANS and JARNAGIN objected to
the consideration Of the bill
Mr.. ATCHlSON observed that lie had but a few
words to say upon the subject, but would briefly ad
the facts of the ease, and the law as it related
to the claim Of the petitioner.
! As the facts were proven by competent witnesses
and the petitioner himself set forth, II appeared
that when the head Of Grand island, in the
Platte river, on his way to the capital Of the United
States he was attacked by band of Pawnee In
dams, and robbed of the property for which he now
| claims compensation.
The objection of the senator from Maryland 10
this claim that the petitioner was not at the
time lawfully in the Indian country, and therefore
not entitled to naturalization. He admitted that
before compensation could be given, the petition
er must show he was lawfully in the Indian ter
ritory. Upon that point the senator from Mary
land denied the authority of the President to APP
point subagents for the Indians west of the Rocky
mountains. Now to the present argument that had
nothing to do; whether the appointment was made
lawfully or unawfully, did not touch the question
whether he lawfully in the Indian territory or
not Now, for the sake of argument, he would ad-
NIT the President had no authority to appoint sub
agents west Of the Rocky mountains; that fact he
would admit far that claim was concerned
The act regulating the trade forbds citizens of the
United States from entering the Indian territory ex-
cept for the purposes therein specified. These were
numerous. No one could carry on trade in the In
dian territory without a license, could they
hunt on Indian territory pasture, Craze cattle and
no person could settle Indian territory. These
were the prohibitions of the act, and none other
|
States from passing through the territory of the In
dians, in going to coming from Oregon; that was
practlsed every day Now, it must be known that
1t was unlawful to pass through their country in the
cases specified, but in none others. The petitioner
was not there for any Of these purposes-to settle
pasture cattle, &c, but in passing from Oregon to
the United States. Now, if it was unlawful TO do
that, he would call upon the senators from Mary
land or Tennessee to show the law to that purpose
If he was unlawfully in their territory in passing
| L..
the United States, should they be sent there by the
President; and the trade between the United States
and Mexico, and other parts which is carried on to
large extent, would be prohibited. No such law
| existed Now, he would say again, (and rest the
| whole matter the argumentO that unless the
| senator from Maryland Tennessee could show
some law prohibiting the right of way through the
Indian territory, the petitioner had just claim Mr.
A. here read the first section Of the act regulating the
intercourse with the Indians west of the MISSISSIPPI
pl, showing the limits Of the Indian territory west
and to show that there nothing to prevent
| night OF way through it. He would he continued
read another section to show that if the President of
the United States had any power at ALL he had that
70 appoint sub-agents west of the Rocky mountains
| (fiere he read another exuact) That extract was
the authority of the President to appoint sub-aeents
Another objection of the senator from MARYLAND he
would notice, namely, that although he nigh, be
legally appointed by the President, he had left his
post without the permission of the War Denart
ment. Now had the senator from MARYLAND exam
ined the law clearly he could hardly have made that
objection. There was no prohibition to surveyor
to leave his survey. Again. the senator from Mary
land had said, that even admitting this man to have
been lawfully in the Indian territory, he had no,
taken the proper steps to entitle him to compensa-
ton from Congress- The matter had been be-
| lore the Committee on Indian Affairs and it was
the opinion of them, that it would have been worse
than useless for the individual concerned in that
case to pursue the course laid down by law, which
directs that individuals deprived Of their property,
not having received PREPARATION inside Of twelve
months should make it known to the Indian De-
partment He had, however, proved the facts on
the authority of persons who were present and dis
interested. The Commissioner of Indian Affairs
had said 1t would be totally useless and he though,
the government was bound to pay to the fullest ex-
tent that claim; and in that view the Committee of
Indian Affairs fully concurrcd. The utmost the
senator from Maryland could do in Justice, would be
! To move q nosinnnement Of the ysaaa e ....sl.-.