The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-08-24

SENATE.
INTERCOURSE WITH INDIAN TRIBES
Mr. YULEE Mr.. President that part OF the argument
OF the senator from Kentucky which refers what he sup
poses be difference between this bill and that Of 1884,
in regard to the degree OF responsibility, and the charac
Ter OF the responsibility, which the government assumes
has application whatever 10 the amendments be-
fore the Senate will ask the senator from Kentucky
am right IN thus wish 10 reply to what he has said
with regard to the amendment pending and suppose
all that par, OF his arsumei may be taken belonging
10 asubsequent part OF the bill
Mr.. UNDERWOOD. Tie gentlemen is mistaken. The
section 70 which my amendment applies provides "tha
the provisions Of The preceding sections Of this act shall
apply 10 the citizens OF Alabama and Florida, &C. This
section, therefore, BY adopting the preceding section
places Alabama and Florida, well as Texas, upon
favored sooas n with the ethss parts Of the
Mr.. YULEE. To avoid that, he moves to strike out
the part which extends the indemnity to the States of AL
ALBANIA, Florida, and Texas and he does that. as un
derstand him. upon the ground that the act Of 1884 su-
GENTLY covers all The cases which arise in those
States II were go the proposition OF the senator 70
is o as ne sbow hs es So
that the department has decided expressly that the act
does not apply to those States, and that the act Of 1884
does not, in TACT apply TO them. The senator has
gwen due stress and emphasis to part OF the phraseo
ogy OF the act OF 1884, which controls It's meaning and
ls application In the first place, sir, the senator is mis-
taken IN supposing that this bill will apply to any class
o cases before any committee OF the Senate OF which he
is member, and acted upon by Congress at all II ap
plies to lew cases which have been referred, at this
session. to the Indian Committee, and that committee, in
stead Of reporting separate acts finding that there
defect in the Of 1884, upon the presumption that the
saaS % n h
Of 1884, and which will the referred to
them at this session The which referred to
them had been presented to the Indian department OF the
government for compe nsaton under the provisions and
requirements OF this law but the Indian department
printed decision, which before the committee.
pressly decided that the OF 1884 did apply for
which will state % The Senate and which seems
to me proper reason, upon The strict construction which
should always guard the pay ing out OF money
The senator the first place described what to be
regarded Indian territory in the first section, to wit
That all that of the United States west Of the Msss
spp and no. wain he States oi missouri ana M an
nd States east OF the Mississippi river, ard not within
Sse which the Indian title has heen exiting aished,
the purposes OF this act be taken and deemed be the
Indian county.
The country which the Indian title has been exiin-
gushed IS not within the phraseoogy OF the Indian coan
Try Now, then. we come TO section seventeen which
has direct bearing on the and which provides:
That any Indian Indians, belonging any 'rbe in
amiy with the United States shalt, within The Indian
try lake or destroy the properly OF any person, lawfully
within such county, shall from the Indian country
ss o ol ~ OF s
Now agree that il they commit depreciation in any
State territory, may satisfy the law but the senator
have passed from the Indian country into" that Stale
territory and in the Teiered 10. they have moi
passed from the Indian county, unless they have
from the territory described IN the first section as Indian
/ country, TO wit:
All that part United States the Mississippi
and within the States OF Missouri and Louisiana,
the territory of Arkansas and also that part OF the United
States Of the Mississippi river and within any
State which the Indian title has been exiinguished
The senator will see, therefor, that the ground upon
which the department have decided that this act does
in its letter, in its spirit, apply to these States,
sonabe foundation, and some remedial legislation is there
fore required Now be right and proper that the act o.
1884 should exist ALL il would be right that il should
be applied TO every part OF the country where lndians
are under the authority and jurisdiction of the United
and ,rc conf,op fha unftp
Mr. UNDERWOOD. will call the attention of the
honorable senator from Florida 10 another difference
This act OF 1884 contains limitation, which will read
And provided, aiso That unless such claim shall be pre-
sened within after tue commission of the in
jury, the same shall be barred.
Now SIR the retrospective action OF this bill revive
and resuscates all these claims for the last fourteen
fifteen years. You will have the general law in refer
all depredaons upon citizens in other paris OF The
United States, barring the claims in three years but fol
the special benefit OF particular section Of the country
revive all these claims for fifteen years is that rgh
and proPeI' P :, Certainly not There it's, sir
u Mr.. CLEMENS Qnterposing.) IL the senator will al
low me, will set him right in matter OF fact Thess
claims were presented in 1896 Gen. Jackson recon
mended 10 Congress TO act Upon them. Congress ap
pointed board TO investigate the claims, and that boart
aced upon them and in the House OF Representatives
bill was reported in their favor ihcugh think, it did no
1 Mr. UNDERWOOD. | can give TO my friend from
Alabama the most direct and the elearest imag
nable He has particular lot batch OF claims IN hi
mind and he speaks OF these claims having been pre-
s.ned and therefore such as would not be barred Bu
am speaking of the operation OF this section. Thi
section provides for a particular class OF claims which
have been presented, aid which the gentleman has in hi
1 mind; and now many such claims as these may b
4 brought forward, no one can tell New, III there be
particular class OF that have been heretofore pre-
sentcd and finally disposed OF, and that class of
should constitute subject of legislative exception, The
cur attention ought TO be brought 10 that class oil cases
and we ought 10 make provision for lheiD and Tor n
other. But here are legsaipg upon general prop
ositon and IL the gentleman will look at H. he will fin
iha ihs general proposition revives all the cases tina
have been presented Tor the last fourteen fifteen
and leaves The limitation Of three years apply all tn
d rest
Now sir, IN regard 10 the decision which the gentle
mae from Florida has referred made by the depart
l men Of eourfe | cannot speak but should like
have IN opportunity TO look IT, does appear ffor
this law that is either Indian country, county GOV
eseted by State. There can be two opinions abou
that II must be or the other and the bill provide
fof BOTH The gentleman says the Indian title was ex
hnguished, and the Commissioner, alter lis exnguis
men could not regard il Indian country all bu,
territory of the United States The very exnguishmer
Of the Indian title made IL the territory OF the Unite
States, il State government had not been formed,
made property within State.
Mr. YULEE. But the seHaior will observe that II
act requires that the Indian who commits the dcpredi
tons shall have passed from the Indian country; and
was decided that their present location was not India
territory so that they did not meet the condition o u
ia" That IS the precise point 10 which desired
bfng the attention OF the senator.
Mr UNDERWOOD That IL not the expression
the law
Mr; iULEE. II the gentleman will read the law,
MIR. UNDERWOOD The law reads, 'that il an i
dian Indians he 10 any tribe in amy with II