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

judiciary, would state is precisely the same as usual
IN territorial bills dividing the Territory into three dis
rcts with thee ;;l,es Objection ,.e g5iti5-
makes is that there no necessity for three al pres
ent The population is very much scattered and if there
is not necessity for three judges at this time, there
ainy will be in the course of the summer do not
know would be obligatory upon the President of the
United States 10 appoint them all Immediately.
Mr. WESTC0FT. would observe to the senator that
when the Territory of Florida organized, itconained
much more dense population than the population of
Minnesota at this time it contained population of % 900
souls. We were allowed but two judges, and it was
two or three years before we were allowed third. AS
the necessity increased Congress allowed additional
judges were allowed three federal judges. In this
case, it TO me that it is unnecessary number,
and that IT would be best to restrict the number in the
first place to two and let 1t be incrvased Congress may
think proper.
The further consideration OF the bill was then post
poned until to morrow
PIERRE cHouTEAU, JR. & co.
The Senate resumed the consideration OF the bill for
the relief Of Pierre Chouteau, ir, Co.
Mr.. BORLAND The other day, when this bill was
up took occasion to ask that might be postponed in
order that might have opportunity to examine it,
Oher senators, also desired time TO considerit have
examined the bill, sir, with care, and will
briefly state to the Senate the reasons which will govern
my vote
This bill, sir as appears from the papers on record
here s simply ths Messrs Pierre Chouteau & Co.
have been for many years traders with the Indians,
gagged in furnishing them various articles, and making
trades with them but particularly with the Shawnees
think it set forth in the narrative OF Mr. Fnday,
the beneficiary of this BILL that there is an Indian of the
Shawnee tribe that is now partner OF Mr.. Chouteau,
or was at the time the amount claimed in this bill was
contracted Ct forget the amount) and that it mainly
through his fundamentally with this tribe that the in
demnity created During the Florida became de-
sirable to the Department of War TO employ num-
Der of Indians in organized corps in the prosecution
of that war An officer was sent to the Shawnee In
dams for the purpose of raising this corps. He induced
the indians come together in council and the matter
was presented their con sderaon whether not they
would engage in the Florida war, and whether they
would send sufficient number OF their tribe, as
| -, ft.s J,l;L
ton the Indian council determined that they would not
and, in accordance with the advices previously given
through their agent to the War Department general
policy pursued by the nation, that they would abstain
from all war, and remain in peaceful pursuits The
council dissolved, after refusing to engage in this enter
prise. After the dissolution OF the council, the Indian
agent and the officer OF the army sent tor the purpose OF
raising those recruits among the ndian exered such
influence among the Shawnee Indians, that they induced
between 80 and 100 to enlist and go TO Florida Tor the
purpose of carrying on the war. Then, so far as the
Indians concerned, it was private enterprise
gagged in by the ninety one hundred Shawnee Indians
in opposition 10 the deliberate and expressed will OF the
tribe in council
Ii became necessary, in fitting out this expedition, that
they should raise means provisions Nc and make some
arrangement for the of the families OF such of them
had families during their absence AS an inducement
10 others fit them out in this way, il agreed that
these Indians, so enlisted should receive Very large
compensation. The officer made very great mistake,
however and promised them more than double what the
Secretary of War had authorized him to pay These
Indians went ured by the exravagant promises which
The amount OF compensation received by the Indians was
much less than the officer had agreed to pay them Upon
their return, Messs. Chouteau Co presented bill of
SO 600 for articles furnished to the Indians which they
were unable to pay.
They in service six months. They received, du
ring four months of that time, the whole amount of
pensaion which the officer had promised but for the
naming two months they received only the reduced
amount, which was the real amour, the Secretary of
War had authorized the agent 10 pay. They were una
BILE pay the bill, but the ulflmen of that promise
would have enabled them to do
Messrs Choueau Co. (ana 1t seems from the narra-
tive that his partner Indian of that tibe) induced
the chiefs and head OF the tribe TO agree to apply to
the government of the United States TO pay this bill of
So, 6O0 and have it charged to the annuity fuad.
and the claim was rejected. The Commissioner of In
dian Affairs rejected the claim upon two or three grounds
One was that the treaty required certain disposition OF
Indians were sold by the government. and the treaty OF
1891 provided that the fund arising from the sale OF the
lands should be retained by the government and five per
cent of the amount paid to the tribe annuty that
this fund had been invested by government in stock, and
as the stocks at that time deprecated in value it
would be unjust to the Indians to pay the amount under
those dsadvantageous circumstances.
Another ground OF objection on the part OF the gov
eminent was that Messrs Choucau Co had no claim
upon the government, and claim upon the tribe. In
the next place. they urged that it bad policy for the
government of the United States and still worse for the
Indians thus to pay the individual debts OF the Indians to
the traders The Indian department having refused time
after time, to recognise the justice of this claim, Mr.
Choueau and asked government to take this fund
which the treaty provides shall be retained by the gov
enment and annuity of five per cent paid TO the In
dans rather portion OF this fund, to pay the private
debts OF portion OF the tribe Now, Sir, Tor my part
can see no Just ground upon which Nlesss Chouteau
Co can make this request OF Congress. In the first
place. the papers record show was not contract
| between Mr. Chouieau and the tribe OF Shawnee In
dams it was not debt created by the Shawnee Indians
as tribe but debt contracted by them, directly in the
face of the determination of the tribe assembled in coun-
Gil not into the service OF the United States IN
that war The Shawnee tribe assembled IN council ana
refused distinctly to enter into any such arrangement
After they had done this the Indian agent the partner OF
Mr. Choutea,l, and few NEUTRALITY-SUSPICIOUS. ninety
and one hundrel-entered into contracts and to enable
them to carry it out, contracted debt OF $4,000 with
Mr. Choueau 1t was, then, private debt between MIR
Choueau and the ninety one hundred Indians and not
OF the tribe or OF the government
The whole thing resolves itself into this Messrs.
Choutean & Co., traders among the Shawnee Indians,
sold goods the Indians TO the amount OF $4,000, IN
their private capacity; and when these Indians I'M
able to pay This debt Mr.. Chouteau attempts to change
the whole contract, and make new party to It, and
bring the bill against the whole tribe, although the tribe
ment | do not that there is any last ground tor
any claim at all--none whatever. BY The treaty win
the Shawnee Indians the government OF The United States
undertook to sell the land and to retain the proceeds OF
that land and from that fund TO pay TO them annually
five per cent not to pay the whole amount, but only
portion OF it, It was TO afford permanent fund from
which an annuity should be paid TO the Indians, and
prevent them from sluanderng the whole amount, Tor
the reason that if they receive small amount, they
would use it the indiciously :,
The treaty. then, provides that this fund, resulting from
the sale of the lands shall be retained by government,
and an annuity OF five per cent paid This has hereto
fore been done 1t is provided in the treaty that lhis
shall be retained during the pleasure OF Congress- that
it shall be left the discretion of Congress to retain
permanent fund. and pay an annuity OF hye pei cent,