The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-09-07

4
and therefore hefe was equitable demand upon their
part that the OF the United States should re-
fund IL That is not the question submitted by this treaty
TO the Senate IL VIII be proposition, think, for the
consideration not of the Senate but OF both houses
Congress- when II comes to be made. 1t Legislative
proposition is proposition towards the appropratng
| Mr. RUSK, Gnterposing) see that both of these
gentlemen upon the Indian Committee TO regad
this as clearly equitable claim against the United States
ont thlnk that II has come up at an improper nme
withdraw IT,
Mr.. BELL resumed ! expressed no opinion upon the
subject whether il well founded clalf or whether II
is founded in equity and when comes up be question
| will state why do Now, this fund OF the whole
Cherokee nation. under the prop9snon submitted by The
Senate agree TO the conclusions al which the committee
have arrived they will give subsistence for each ndivd
sum of hrytbr dollars thirty three for each
head (er epa for both sexes (od and young for the
whole nation, removed according the provisions Of this
treaty They are all allowed by the proposition subsist-
at the rate OF thirty three dollars and thirty three
cents per head The proposition pf the senator from
lexas Is oy b anu aonse a'ha' one hunafed and
consideration OF having paid certain amount portion
Of the tribe when INDECENT circumstances He urges
upon the ground that this INDECENT condition brought
about by the government of the United States That is
question shall be ready at the proper tme to look into
and TO examine all the circumstances. There are some
facts connected with il which make it questionable
whether the honorable senator from Texas is right be-
the main culty in the removal and the protracted
delays in the execution OF the treaty brought about
OF John Ross and his party against the execution
of the treaty of 1885. But if the senator puts il
not find itself compelled to refund the money When
you make 1t question sicta juris TO this that
the payment of that $4,000 was made enormously
The treaty was that should be distributed per caDa
to the members OF the tribe and not to self constituted
political body Attheir request may have been done but
It was improper, under the circumstances and. strictly
government with the tfeaty You have paid L upon a.
lhonty youwere not authorized pay upon, because
by the spuatons Of the treaty. after the payment Of the
charges for removal the balance of the fund to be dis
trbuted per capita and the question is, whether you
can distribute il in any other way. 1t is question
whether the authorities of the Cherokee nation have any
SAID str,ca Jurt as question OF right but when you
come to the question OF good faith the power and duty Of
the government are to carry out faithfully the provisions
OF that treaty The question arises, the fund not
distributed per capita, whether the government is dis
charged from its obligations II could, sir. would
rather take this question into consideration now II it
were proper Tor the Senate TO decide ii without any egs
lative connexon with the other branch OF Congress,
should like that it should be considerable open this ac
count. and CONSIDER thus very proposition When we
fund OF the Cherokee nation, does it not become claim
r'1ta uris against the government think II is OF
equal validity though, when we come 10 review all the
circumstances will not 60 into il think the
question should not be rased think under the treaty
we could make equitable settlement with the
Cherokees than could under any other circumstances
for there some stretch given TO the generous liberal
feeling OF the government in making this award
under the treaty OF 1916 Ii fixed by any treaty
stipulaons. The committee proceeded more upon The
idea of fair inference, from the conduct of John Ross
and The Cherokee nation generally that he had right
make this opposition on account OF letter he had from
Secretary Ponsett IN 1888, when that delegation was
here, and they proposed peaceaby. provided
The government would undertake pay their subsistence
They made this proposition under the assurance that the
appropriation would be made The appropriation was
accordingly made under ii; but IT a limited appro
prlaon and under the very OF the making the
appropriation said be upon the assurance given
ha Ii xraS
with the understanding that 1t should be carried out fair
y and faithfully We do not wish 10 nit the cons,ruc
Ross and his party The great bulk OF the nation ought
not TO be limited by the construction that Congress
would put upon II afterwards, when they came TO
make the appropriation. We ought to carry 1t out
according 10 the understanding existing on the
part Of the Cherokees when they the
that II they would remove peaceaby the government,
over and above the amount appropriated by the treaty OF
1885, would pay the cost OF their subsistence We think
the government bound good faith carry that
understanding and i is upon that ground that the
mIiiee recommend the resolutions upon the table.
think the proposition OF the senator from Texas has
no proper, Legitimate connexion with this question We
cannot decide it. II consider that question, IT will
have to be decided by both houses of Congress when an
appropriation comes to be made, and not in the final
settlement and adjustment OF this question ! am happy
II is now Withdrawn merely went into this explana.
ton TO show that did consider this claim stand
ing upon grounds exactly such the from Texas
Mr. RusK placed iiuPon. have never fully considered
II myself but ii will become question whether Con
future time
Mr.. HUNTER. Mr.. President. am no, inclined 10
oppose the resolutions of the committee The senator
from Texas mir. RusKl has Withdrawn his amendment
disagree somewhat with the committee upon the ground
upon which they have rested their conclusions do
believe, SIR for my part, If called upon decide
as an umpire in relation to hsmater that thing due
from us to the Cherokees agree with the opinion
pressed in this report that when you TO examine
the treaty. the charge OF subsistence is fair charge
upon the treaty fund; but also feel the force OF the
circumstance referred to in this report and referred by
the senator from Tennessee Mr. BELLl that govern
men had given assurance, the Secretary OF War did
give far he able thai he would induce
the Senate il they would peaceaby to make
additional allowance for them Why could admit
that these Indians have received which
bind the OBSERVATION-DISCLOSURES not confirmed ratified
by the Senate. Yet sir, feel ought deal Literally
with the persons standing to the relation in which
these Indians stand to us and therefore willing TO pay
something than we bound ourselves to pay under
the treaty. order TO satisfy all demands and all
plains-not upon the ground that IT IL due under that
treaty. because fear II 10 that decision
in these resolutions shall have demands here
after have not the time TO spare to audit the account
stated but am inclined to think il will be found, upon
the principles OF this decision, nsat one hundred and
eighty nine thousand dollars would not all the
claims the Cherokees have for subsistence against
will be something hereafter In point of fact, do
not believe they have any claim. We may OF gener-
osy and hberay, standing in the relation we do stand
to Them allow them this sum- but in allowing give
them a gratuity
do agree with the positions taken here by the
aior from Texas, Mr RUsK,l that to these Cherokees
we have acted ungenerously. He seems to think we
have taken their land small prcetba have dealt
with them harshy On the contrary, think the history