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


government to pay this claim out Of this fund
Mr.. BELL / do not know; but know that they
have sent several memorials here, commencing in ls4a.
eminent To pay them the whole amount
Mr.. NILES. The chiefs Of the tribe'
MIR. BELL. Yes sir; The chiefs.
Mr.. BELL Yes sir. | will ask the Clerk 10 read
the memorial containing that statement
The memorial was accordingly read.
Mr. BELL then called for the reading of the certificate
OF the agent; which accordingly read
Mr.. BRADBURY / found myself unable to hear that
part of OF the communications just read by the Clerk,
which would enable to understand whether il is true
not that there addressed to Congress- to the Pres
iden application the part of this tribe, emanating
to pay the whole sum men,ioned-for apprehend
that that is the material point in this case find by rel
erence to the 7h article of the treaty OF 1881 with the
Shawnees that the original purpose to which the interest
OF this fund was TO be applied was tor the use and gene
raj benefit of the people, but that provision made
in the treaty that the funds should continue in the hands
of the government during the pleasure of Congress,
less the chiefs of the tribe bands, by and with the con,
sent of Their people IN general council assembled should
desire this fund.- created by the sale of their lands to be
dissolved and wholly paid over to them;
Now, Sir, wish to know whether there is authentic
evidence before OF this application. not on the part OF
this trader but this application the part of that tribe
If So should wish the amount to be paid to them.
Mr.. BELL called for the reading of the memorial, SO
far as it related to that point.
The portion of the memorial alluded to was according
ly read.
Mr.. BRADBURY. Very well; one question more. 1
ation in the treaty not that the application is 10 be made
by certain chiefs of that tribe, inasmuch the
ton for the benefit of the masses OF the tribes but
that the chiefs should possess authority to make ap-
plication, unless they derived their authority from the
whole tribe assembled in council Now, my inquiry is.
whether that application Wn' n hen terms IS SGaa
whether did emanate from the chiefs IN general council
assembled!
government of the United States according to the terms
Of the It'll article OF the treaty. to place this rustfund in
their hands, at the disposal OF the tribe was signed very
numerousyby every male member OF the trbe perhaps,
who was entitled to a voice in the council.
Mr.. BRADBURY. Does it emanae from that assem-
bly, in such that shall be justified. according
to the spulaons of the treaty. paying them this fund
| believe that should maintain the most invioabe
good faith with the Indians and, therefore. when they
comply with it. Ii, therefore, they did assemble in coun.
Gil, and the consent Of the whole tribe thus obtained
memorial asking for this, should be in favor OF the
bill. do not feel perfectly satisfied upon that pont-
whether there assembly OF the Indians in council,
andno merely OF the chiefs
Mr.. ATCHlSON. There was, sir.
Mr.. BRADBURY. Is the evidence OF that in suti-
GENTLY authentic shape before us presume the char
man Of the Committee on Indian Affairs will answer the
r Mr. ATciilsoN think, sir, is, in sufficiently
Mr. BENTON. believe all the facts in this case are
the papers drawn up under his supervision If that
is the case, can vouch for them have known that
gentleman long time He has been for long time the
OF confidence, both public and private Whatever he
does he does with view to justice between man and
whether white or red and we may rely upon what
ever is authenticated by him.
The bill then ordered TO be engrossed for third
reading, and was subsequently read third time by
unanimous consent and passed.
WILLIAM HARDING.
The Senate as in committee of the whole, proceeded
to the consideration of the bill for the relief of William
Harding and no amendment being offered thereto, it
reported TO the Senate ordered to third reading and
read third time, and passed.
THOMAS BADGER.
The Senate as in committee of the whole, proceeded
to the consideration OF the act for the relief OF Thomas
Badger.
An explanation of the bill having been called for
Mr.: FETCH; will state the facts in the case APP
made application to the Pension Office, but pension
not allowed II appears from the papers that he was
Canadian refugee who came upon this side OF the line
this side of the line as refugee for several years.
Subsequently he was employed in the fitting out of Per-
b me MAS IN at a he eut so
the battle of Bdgewater he volunteered and lost the use
of both his legs There is the certificate of Gen. Scott
and of Others showing that he in that battle and
that he wounded there; but it appears that he
not regularly enlisted He was injured. however in our
service and therefore should have pension This is
simple statement of the facts in the case.
Mr.. KING. Do understand the senator TO say that
pension is asked for one who was not enlisted the ser
in our army' Is that the case
Mr. FETCH. The petition sets forth that the appli-
cant enrolled refugee in the company OF refu-
gees The Commissioner of Pensions states that his
not to be found there. But the papers prove
that he employed in our service, with the refugees;
and there Isl direct affidavit that he went down the lake,
at the time of the expedition Of Perry. to engage upon
the cannon, when he was wounded. He subsequently
entered the army, and at the battle OF Bndgewater ne
disabled. There is evidence sufficient to establish
the fact that in the of the batte he was actually in
our service, and that he wounded in the service
There have been several cases in which persons have
been employed in the SERVICE though not enrolled IN the
regular army and have been wounded upon the field OF
battle and in such cases, where individuals have re-
ceved injuries from the same exposure which would
have given regularly enrolled soldier pension, PEN
sions have been allowed Several such cases occurred
No amendment having been offered the bill was then
reported to the Senate, ordered to third reading and
was subsequently read third time, by unanimous con-
sent, and passed
JOHN MORRISON.
The Senate as in committee of the whole, proceeded
TO the consideration of the bill granting pension to John
Morrison and amendment having been offered it was
was subsequently read third time. by unanimous
sent, and passed.
EDWARD QUINN.
The Senate, as in committee of the whole, proceeded
the consideration of the bill for the relief OF Edward
Quinn and amendment being offered, il reported
the Senate ordered third reading and subse-
quen fly read third time, and passed.
ELIZABETH MAYS.
The Senate az in committee OF the whole proceeded TO
the consideration of the bill for the relief of Ezabeth
Mays and amendment having been offered was re-
was subsequently read third time by unanimous con-
sent, and passed.
NANCY ToMPKINs.
Tho Senate aa in committee of the whole proceeded