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

Congress pay the whole of this
fund.- and asks Congress to make this diversion IN With.
dfaw II from tne iund and, instead OF paying the per
cent to pay, if not the whole OF H. al least 900 at
lime II Is apparent, from this statement OF facts,
all OF which appear from the papers the secretary S
table, that this is a private transaction between MIR.
Choueau and few, small portion, OF the tribe of
Shawnee Indians II appears that he has applied to the
President OF the United States to sanction the claim but
that the President decides, from all the facts before him.
that is not proper to do Now he comes forward and
asks Congress exercise its discretion not sir, such
discretion is contemplated by the terms of the treaty
discretion which is for the benefit OF the whole tribe,
but to saddle upon the whole tribe OF Shawnee Indians
the expenses and the costs of private contract be-
tween MIR. Chouteaa and 90 or 100 OF them
The question is, will Congress admit the propre-
ty the justice of such applications and in the exer
else of their discretion. and by their authority will they
which they receive annually and pay it over to this In
dian trader TO enable him to collect his debts and settle
his private contracts with those few Indans' cannot
see the justice OF such | cannot see the pro-
prety of Congress exercising such discretion and |
deny that, under the treaty. any such discretion exists.
Mr.. BRADBURY. Where is the stipulation 10 be
| found?
| Mr. BORLAND In section 7, of the treaty of 1891
1t obviously the intention of that treaty to protect
the tribe of Indians against their known tendency to
providence Instead of paying them at once the whole
amour, OF the proceeds OF their lands sold under that
treaty, the government exercises paterna control
the management OF their affairs and holds this fund in its
own hands pay it out-or what For the benefit of
the whole tribe and not for the benefit of few ndivdu
ais of the tribe Such was the intention OF this provision
| l
power under that treaty, to make such disposition of
those funds is asked. The discretion was for the
benefit of the whole tribe, and not for the benefit OF few
individuals. Ii is shown by the papers--even of Mr..
Chouteau himself-tha the tribe assembled in council,
and positively determined that they would not enter
into this arrangement; and yet lew OF the Indians
of the tribe induced to enlist, and contracted
debts; and now they ask Congress that the whole
tribe may be held responsible for this individual contract
and pay the amount olt Of their fund arising from the
proceeds of their lands. do not think Congress has the
power to make such disposition OF the lands; and If we
have the power do not think we should exercise it.
opposed, Mr.. President, to this whole scheme Of
interference by Congress with private contracts between
individual traders and the Indian tribes tgives rse in
my opinion sir, to of the evils which alic the In
dams themselves and is the OF more OF the dlsor
ders and disturbances between the Indian tribes and our
frontier settlements than any other believe that this
practice by Indian traders has given rise to most OF the
between the Indian tribes and the settlers upon the
frontier.
think sir far as my reading of congressional de-
csions enables me to Judge, that there has not been
session of Congress since the commencement OF our
transactions and intercourse with the Indians when
some such claim this has not been presented =
too s ha the lace hs Of treaty sp
close of the last session claim of this sort was
brought forward in which the Indian traders and specu
aors the frontier of my State were concerned
claim sir presented directly in the face of the treaty
1916 with the Cherokee Indians. sir was beset with
application after application, to give aud and support to
carry out that clamto sustain It, listened to 1t pa
tiently, and for time favorably; but sir, the full de-
veopment of that claim, and the ground upon which ii
rested, became satisfied that il was not valid claim
that was in violation of the treaty stipulation; and
more, sir, that net founded in good fathhat the
amount of the claim in itself not true, and did not
represent the actual amount OF the transaction i with the
haps ten-fold confess, sir, am opposed TO claims
OF this sort, not only from sense OF duty, but as
my constituents, and feel hound to them to vote
against any such claims take occasion to say that
my position in h. affair. at this moment, depends in
degree upon the position OF the people in my own
State may that will agree in opposing all these
claims with whatever influence | may have; for do
consider these claims, on account OF contracts with the
Indians to be very generally most neiarous. know,
sir, that number of traders upon the western frontier
are deeply interested in these claims know sir, that
the case in other States We have agents and attorneys
in Washington city, who continually bring to bear all the
influences that can be brought, to get these claims
through before the executive department; and when
they fail there, they bring them to Congress.
! Why, sir, for my opposition to that bill, which con-
slider unjust and nearious presented at the last ses-
sion, have been assaed from end of my State to the
other 1t stated in the newspapers that was hos
tile to the interest of the western portion of our
ry-that opposed to the prosperity and ADVANCE
ment OF the western portion OF my own State 1t was
ndustriousy circulated, and laid grave charge
against me, that had thrown myself against the inter-
ests of my own people My answer to that has been,
unjust and dishonest claims While here, however
influential these might be in the matter of elections,
here TO oppose all such claims | would acquit myself
of this duty; and was prepared to take the conse-
quences confident, Sir, that sound public senti
lent would sustain And inasmuch as my being
here depends, in degree, my position in this
natter determined that would be active, Jealous, and
vgant in opposition TO all such claims Therefore, sir
| shall vote against this claim, and all such claims.
Mr.. BELL. | could wish the gentleman had selected
some other to show his course IN regard to these
claims. do not know whether understood him to say
that he regards this of the class OF nefarious
claims or not think little attention upon the part Of
senators will show that this claim is clearly well
founded upon the part of the claimants, at all events
Whether Congress is prepared to vote upon It, or not is
another question | do not mean TO dctan the Senate
long, and do not wish go into any argument as to the
course Congress ought to take in regard to claims
whether ought to pay them not-bu believe that
it is proper TO pay this claim.
| | suggested in my opening remark the other day. that
the arguments OF the senator from Arkansas were totally
unfounded far they had any relevancy TO this claim
He says the claim unjust, because the debt was con-
any councl-no with the chiefs, but in the face of the
resolution of the chiefs of the nation in council assem-
bled.
undertake say, sir, that this claim is founded upon
the solemn and deliberate resolve of the chiefs OF the
on assembled in general council; and that they have
| ratified this claim.
! Mr. BORLAND. Does not the senator make dis
ncon between the action of the council at different
imesl My remarks applied to the action OF the chiefs
in council in the first place, prior TO the Indians
going to Florida; but | stated, | think, distinctly
enough TO be understood. that the claim il now
the council, but that the contract with the Indians
before their going TO Florida was not only unau-
horized but directly in the face of the resolution OF
the council.
| Mr. BELL. beg the gentemans pardon; but / un-
des,ood him to say that the claim was unjust and ought
not TO be pd because IT was asked for in opposition to
The will OF the whole nation believe the honorable
,or stated some that led to their contract