The daily union. [volume] (Washington [D.C.]) 1845-1857, 1849-01-30

kee nation proper AT the last session Congress provided
certain amounts for the removal OF the North Carolina
Indians and decided that they should be paid Out
this fund appropriated to the tribe under the treaty OF
1885 advocated the proposition not to pay it out OF
that fund and argued that we had no right TO take out
OF that fund. There no provision In the treaty
OF 1885, which would authorize rs TO take II out
Of that fund. So the Senate decided; but when II
went to the House they decided otherwise. com
mlttee OF conference appointed, and the reso-
luton passed paying IT out OF this fund, but not
with my consent APPRECIATION. believe Congress had
bound TO pay it, according to the stipulaons of the ea
ty of 1885, out OF the treasury OF the United States
believed had right to take II from the Indian fund
but whether that improper and nudcious not, is
a question outside of the argument to-day. And say
that Congress made that Appropriation improperly
and unjustly from that fund II was doing what we had
right to do; and if the subject IS investigated
senators will be obliged 10 that conclusion also.
But that is law, sir and whatever is allowed TO the
Cherokee Indians under IT, will have 10 be deducted from
the $6S3000 remaining IN this report The only difh-
Guilty, as have stated BEFORE that the committee had in
making appropriation, was thai here outstand-
ing claim yet indefinite and we do not know when
can be made definite. We know, however, that IT canno,
exceed certain amount Tor 1t Is provided that IT shall
exceed j0,000 and will probably not exceed $780,.
0oo How soon the exact amount will be ascer'aned,
depends upon the pompiness and energy OF the officers
OF the government in making out and adjusting the claims
coming under that act of Congress. They may be able
make at this session. at the next session,
may not for time longer In the time, can
balance fully sufficient to cover that demand
That submitted to the Comptroller OF the Treasury
read--tha there would be no difficulty arising from the
North Carolina claim. The appropriation must be made
now There is no objection TO H. IN fact 1t stands IN
the treasury until the North Carolina claims are settled
and, in The time they may have Tour or hive
hundred thousand dollars OF It,
Now there is objection TO the largeness OF this
amount; but that not matter Tor me TO justify or TO
explain. 1t matter Tor The executive department To
explain 1t matter Tor the whole Senate TO explain
since It was they who ralihed the treaty 1t IS an eXls
ing obligation the part OF the government These
Cherokees have been long kept ont OF their rights
under this treaty-for they have enjoyed or re-
ceved cent up this time, account OF that treaty
that they ready to waive any objection with regard to
the amounts char sed Say they We have suffered and
endured long enough We will take less amount that we
may least get thing And now the honorable senator
thinks il must be postponed still longer, and brings
illustration of this view, the i'll attention OF the Senate
But will the honorable senator guarantee that we shall
have fuller Senate, more strict attention. at any Ia
ture time this session. The session is hunylng rapidly
TO close, and there numerous other and more IN
portant measures which are attracting the attention OF
senator's We the eve OF an incoming adminslra'
ton and this, all know, more or less dscomposes
the minds of senators relation business geneayf
ton of it. Then sir say that if do not make the
appropriations in this bill, he matter Will probably be
| again passed by
chance to examine It 1t is right that they should have
time to examine it. Examine what, SIR The express
stpuations of the 81, 18th. and 9th, articles of the
treaty. In my opinion, when they to read those
articles, will any difficulty in il. But sir, il
the other branch must have time 10 investigate it.,
and il that the gentleman himself does not
pec TO be disposed of during the present session. Does
he suppose that they could have time if separate bill
is introduced here, after have passed it, for the close
attention which the gentleman thinks IS indispensable 1t
my opinion that ii requires very little attention. They
will see, take IT, at glance that the calculation OF The
Commissioned being taken as basis they have. then,
only TO look at the unequvoca stlpulaons and express
provisions OF the treaty OF 1876 order to TO
immediate and direct conclusion
saw therefore, to the argument that this is not the
proper bill for this appropriation that it is the very bill
bill max to effect The
various Indian treaties, and take that they have
this Appropriation included some three or four hundred
thousand dollars for the Menononie Indians, TO carry
the stpu'aons of the treaty with that tribe which
ratified but lew days ago in the Senate. think
some little credit must be given to the standing com
mltees those appointed to investigate these mat
But do not claim for the Committee on Indian Al
fairs any pre:eminence do not claim that any
thing they report the Senate shall pass without in
vesigation- without rigid scrutiny il you please
when this question comes before Congress upon this
elaborate report which has been printed and laid upon
full and ample The reports OF the Second Auditor
and Comptroller have been laid upon the table for a
week two. They have been printed, and are open to
the investigation OF gentleman either body
take it, sir, that shall have better attention, and that
the subject will be better attended to- if acted upon at the
present occasion, than ii is deferred II is the proper
b-the bill for appropriations for the Indian tribes 1t
has been long standing it has been standing two or
three years already hope that it will be remembered
that it not question to the amount; Tor It II were
five millions il would make no difference. II is ques-
ton of principle, upon the deductions which may be
clearly drawn from The treaty, The terms oil which are
unequvocal
the discussion OF this question at all for can add moth
ing the argument OF the honorable senator from Ten
nessee Mr.. BELL upon this whole matter. But will
say that the committee fully satisfied to the justice
of this appropriation. There were four members of the
department present and they unanimous in author
zng the senator from Tennessee to present this amend
ment We adopted the same view OF the treaty as was
adopted by the Comptroller and Auditor and we arrived
at the conclusion with those two officers. need
! offer nothing more, Mr. President.
! Mr. Blu TLER do not wish to take any part IN this
debate had occasion, however, at one time to examine
these treaties and since the honorable Senator from Ten
nessee has brought the matter TO my mind may state
objection have to the amendment is that, perhaps, it
should not be introduced upon this occasion shall,
| however, waive that objection and vote Tor IL.
| Mr. DICKINSON suggested that the matter be laid
over, in order TO go into executive session.
| Mr. NILES inquired Of understood hlm) whether
sum recommended by the Auditor and Comptroller, and
whether the amendment founded upon their report
Mr. BELL answered both Questions in the affirmative.
Mr. NILES made some further remarks, which were
/ inaudible
Mr. BELL replied that they had taken the precise
report of those officers After investigating that report,
and finding it in conformity with the distinct provisions
of the treaty. and no member of the committee believing
that there for doubt they had taken without
any change He appealed the senator from Vermont to
add his testimony.
| Mr. PHELPS. can only say, in justification of the
action of the committee this subject, we have had
strong disposition TO get rid possible, OF this very
large claim; but was compelled, upon examination, and
Indian Affairs with the report OF the Comptroller and
Auditor yield the point Ought, perhaps, to add that
the Commissioner of Indian Affairs had made very eab