The daily union. [volume] (Washington [D.C.]) 1845-1857, 1849-01-19

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The United States TO pay the claim but 1t certainly can
have no force whatever when used TO establish the
obligation on the part of the Indians TO pay it, or the
propnety on the part OF the government in allowing 1t
10 be paid from their fund.
Upon the subject OF the discretion vested in Congress
word, stated in my remarks, when was up before,
that this discretion upon the part OF Congress was hmed
il was discretion vested in Congress 10 this fund,
either in the payment OF per cent annually or in the
That that discretion was limited by the terms of
the treaty itself g It, is agreed that any balance
that may remain of the ayas of the amount after the
sales aforesaid shall constitute fund for the future
cessIty of such tribe, upon which the United States
agreed to pay TO the Shawnee tribe for the and gen.
era benefit of that people, annually five per cent" Sc
Now, sir, the main objection | have to the claim is,
that il is not for the general beneft-tha it is dlverng
from the whole tribe to pay the debts OF 90 Individuals
Who contrary the wishes and the legislative decision
Of the tribe have entered into the compact by which the
debt was contracted In my opinion here is aProhibon
against the exercise OF this discretion here is the lm
ahon of il for the general benefit How il be of
general benefit, sir? Was it benefit to the general
tribe of Shawnee Indians that these ninety individu
because the tribe in council assembled had decided that
il was not for the general benefit If their original
ton ,I, was not for the benefit but was against the
will OF the tribe expressed in council, surely it
be now affirmed that the payment OF this debt will be for
the benefit of the tribe
think the senator in his reading of the treaty. has
committed slight in regard to another word
which affects the sensethe said fund to be continued
during the pleasure OF Congress" until, under
semble in council and shall desire these funds be paid
over to them.
Now the discretion Of Congress has nothing do with
the will OF the tribe This fund is to be held in trust for
the payment Of their interest during the pleasure of Con-
gress, without regard to the will of the tribe at ALL unless
the tribe in general council assembled shall desire it, SO
the discretion OF Congress and the discretion OF the tribe
has nothing to do with it, but the discretion of the Presi
dent and the discretion OF the tribe united to decide
thinks o to hod tins h ua ITS
forward in the character OF representative council,
conjunction with the President. Then is at the dis
creon of the President to make this disposition or not
AS said, sir before the President has decided that it is
not proper TO make this disposition. He has decided
through the Commissioner OF Indian Affairs that is high
y improper to do it, and that in his opinion great injury
to the tribe will result from it, repeat this, sir that
under the treaty Congress has not this discretion from
the treaty for the treaty does not confer that discretion
Although confers discrehOn 1t limits II to certain pur
Of this bill.
dislike to consume the time of the Senate, sir but in
support of my views to the proper policy to be pursued
in this case would ask for the reading OF the letter of
the Commissioner of Indian Affairs in order to show the
character OF the discretion OF the President in this
The communication was accordingly read.
Mr. DICKINSON suggested that it was hardly appro-
pirate for private bill take up the entire day. and
that il might be well to lay it over, that the Senate
might take up the class of cases which the order
contemplated in setting apart this day for the consdera
Mr. BORLAND So far as am concerned, I shall
consume very little time would remark that the
letter refers to another report from the Indian depart
men Mh e,Fa ira IN tan d haa Teua be
consider that i this bill passes the treaty Of 1891
worth nothing at all 1t recognised being of no OBJ
legation at all upon this government If in the very face
of it claim such has been presented here by the
senator from Tennessee Mr. BELLl can be passed The
that discretion as will be seen by reference to its pro
visions, TO the general benefit OF the Indian tribe This
claim is evidently for the benefit Of very small proper.
discretion all upon Congress. But discretion vested
in the President Of the United States in conjunction with
the tribe in council assembled They have thus assem-
BLEED in council and made their application The Presi-
dent has decided that is not proper to grant it Con-
gress, then has no power over the subject at ALL This
decision by the President takes the fairly beyond
the power OF Congress, and they have no right to inter-
fere.
We might violate any other provision of the treaty
as well as this. 1t is passed by the authority
and it has the obligation upon any other ari
~ fact 10 which alluded in my opening remarks
important and very significant fact The proceedings of
the tribe in council have been read here and great
of has been presented here of sgners of the
memoral-and this has been presented the national
act of the Shawnee tribe OF Indians Well, sir with all
Difference to the views and opinions of gentlemen who
are more familiar than myself with the Indians, and
with the transactions between the Indians and traders
for there others here who have had intercourse with
and among all Difference to the opinions of 9TH
ers must say sir that think all such representations
coming from tribes OF Indians honest as the Indians may
be, are to be taken with great deal of allowance.
We know very well the influences which may be
brought to bear upon Indians Indian chiefs well
the lower individuals of the tribes We know they are
influenced by various circumstances; but in this par
Cuar have some facts TO explain the act of this
tribe in this matter. 1t is stated that of these In
dams is partner with Chonteau. We readily I'M
derstand then, that he may have exerted influence in
the tribe, and what influence he would be likely exert
If this does not entirely do away with all the influence
which the memorial, under other circumstances might
exercise over the minds OF senators, it impairs that
influence to very considerable degree, and it debars it
from all force with cannot help regarding that
mortal production gotten up, written, and prepared
perhaps every letter of it, within the limits of the United
of Mr. Choueau, TO his tribe, and by his influence signed
by hem in order that he might derive the benefit of it.
That my opinion, sir of the memorial and to
me that circumstances give great weight to that impress
sion. have said all desire to say upon the subject
and so far as am concerned, am willing that it should
now be acted upon
Mr. NILES wished to make a few inquiries which
were inaudble TO the reporter.
Mr. BELL-(in reply to the inquiries OF Mr. MILES,
All those facts appear very distinctly in the papers
did not trouble the Senate with the reading of all the
memorials and papers, and did not state all the evidence
with regard to it. The whole debt not contracted in
sending these warriors to Florida. II they were to be
paid the full amount, there would still be balance OF
several thousand dollars unpaid. Upon the return OF
these warriors from Florida, these claimants had an ac-
count for supplies chiefly furnished to their families in
their absence They applied TO the tribe after the war;
rors had refused to pay them. The tribe, IN general
council took the matter consideration, and agreed to
pay the debt | learned time ago, when the sub
Ject up, that these Indian warriors had agreed to
assign to the tribe their CLAIM upon the government OF
the United States for any balance OF pay which might
afterwards be allowed them account OF their
The tribe agreed, IN solemn council to assume the
debt by writing their own signatures. Then
sec ond council was held which thew referred tn The