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

commissioners, and has been paid said
should have been paid by, the United States the raid
unYss States nrher agree 70 reimburse the thus
paid Tor reservations said fund and whereas the
Penses OF making tho treaty New Echoa also paid
G o. SAD and when hey Should have been borne by ns
same, and also TO reimburse all Other sums paid 10 any
fund and the same also shall fon pa2t Of ,e aggregate
amount 70 be distributed 70 The Cherokee people, as pro
vided In the 9Th article of this treaty,
This, Mr. President, il to me, covers the i'm
proper payments made and taken from The Cherokee
win proceed to read the 9th and 18th articles The
latter is the article which has bsen referred to two OF
three times in the course OF the debate
ART The United States agree TO make fair and jus
settlement Of al moneys a"a 20 he and snelec
1886 which said settlement shall exhibit all money prop
ery expended under said treaty, and shall embrace al
paid for Improvements ferries spoliaous, removal and
subsistence, and commniauo9 therefor debts and claims
quantity Of land ceded said nation and The several sumo
provided in the several articles OF he treaty be
which may be hereafter properly allowed and paid under
the provisions OF the treaty Of 1885 aggregate of which
million elk hundred and tortyeven thousand and sixty.
seven dollars, and the balance found be due shat
dividuss heads Of families Or their legal
% receive the same unae, , me sa asS1
ing east at the date OF said treaty and the supplement
Ant H. Whereas the Cherokee delegations contend that
the amount pended for the one years subsistence alter
properly chargeable The treaty fund is hereby agreed
that that question shall be submitted The Senate Of the
the subsistence shall be by United States the
Cherokee funds, and il BY The Cherokees then 10 say
han sss 80 per head and also The the
may be found TO be due the nation and from what
date and at what rate per annum.
These articles make this the appropriate plan on which
to pay of whatever is due 10 the Cherokee nation OF In
dams In my judgment, at any rate 1t is the appropriate
plan
The only other question that arises is, whether this
$4,000 was appropriate charge upon the Cherokee
treaty fund, appropriate charge upon the United
States. Let examine this question Tor moment The
five millions not to be paid TO the Cherokee nation
the Cherokee government al all II was express stp
uaton OF the contract that it TO be paid per
capita to each Indian for proportonate amount
The obligation OF the United States could not be dis
charged by agreement with orpaymen to the govern
ment That il seems TO clear and beyond doubt
Although those Indians for whom this appropriation was
made belonged to the Cherokee nation and although
they were INDECENT and needed the appropriation, still
they not the individuals who legally or equta
bly, entitled the money which had contracted to pay
to the tribe The of this payment for the sub.
sisence OF INDECENT Indians $4,000 II is said that
for the general advantage and benefit OF the nation
and that asked for by the national couacil Well
SIR, that is not ut all discreditabe to them Those In
dams starving; they had been removed by the
United States governmental is not my purpose to say
now IN what manner, or to comment upon any features
Of injustice which there may have been in the transaction
But they were starving IN consequence OF the condition
into which they had been brought, order promote
the views and interests OF the United States Is for
now to say that contribution from our treasury sought
for by them IN behalf OF their starving coun,rymen
ought to be taken out of the treaty fund The govern
msnt council sad indeed that might be taken out Of
the treaty fund. But will the United States dealing with
this tribe OF Indians whom they have removed from their
former homes by which means they introduced among
them general insecurity oil life and property for long
period Of time, be rigorous with them in relation 10 adj
vancts made TO relieve them in degree from the
consequences OF that removal Would il be right and
proper for the United Staies under these circumstances
even though technically correct for them TO do So
70 insist upon rigid construction OF their acts Are
the United States in condition to do il, and to take adj
vantage OF an agreement forced out of the
the Cherokee nation by the starving condition OF the
women and children around them do think they
The honorable senator from Arkansas said il was in
accordance with the treaty OF 1885, that certain expenses
should be taken out OF the five million fund know
something about that. That treaty brought abou,
under the very strongest pressure of circumstances
There had been other treaties made previously. On this
occasion General Jack who then President OF the
United States, sent them talk, which II proposed
to give them this five millions OF dollars for their lands
and the stipulation added, in order induce the
whole Cherokee nation 10 emigrate, that the money
should be divided among them all each receiving his
share had been previously greed that they should be
removed at the expense the government OF the United
By General JACKSON wss agreed that he s expenses e
their removal should be charged upon the ve-miliion
fund am taking up too much OF the time of the Senate
and will go into particular history OF the matter
WELL sir. afterwards, under all the circumstances when
the subject before the government here 1885, the
expenses enormously great as they were, were charged
not in condition TO exiori from them one hundred
and seventy two thousand dollars from fund specifically
appropriated by agreement TO be distributed per capa
10 the individuals of the tribe and thus diminish the
amount to be paid 10 each individual.
+ Mr. DAWSON. Mr.. President | will say again. | have
nothing to urge against the appropriation OF this amount
Of money out OF the treasury. | only think il embar
the question presented at this time The subsis
tsnce OF INDECENT Indians certainly Contemplated
In the treaty Of 1885, because the necessity for max ing
any such appropriation occurred subsequently, 10 the pas
sage OF that treaty OF 1885 Therefore il not in my
opinion one OF the questions presented appropriately for
our discussion at this time. will read that part OF the
treaty Of 1896 that refers this matter, which refers
what the Senate now called upon to decide
But, Mr.. President. is the question submitted to the
Senate the question OF subssence Ii possibly
relate 10 the subject presented by the from Texas
because, ~ stated before this subsistence OF $4,000
paid for the support Of INDECENT Indians No such
Indiana were contemplated at the time the treaty was
made. The subsistence mentioned under The treaty Of
1875 applied TO the whole trbe-tnose who were ind
gent "a well as those who not INDECENT think the
senator mistaken in making his application at this time
believe there - equity in the demand OF the Cherokees
against the treasury OF the United States repeat am
ready 70 vote Tor II when the proper time arves-yvhen
he shall present II as amendment the Indian ap-
pfopfaton bill see nothing but barrassment to re
suit to the whole question: II submitted and acted upon
by the Senate now for, SIR when we come 10 make an
appropriation under the decision OF the Senate the House
Of Representatives will require explanation and then
may difsf in opinion with the Senate. They may think
the Senate decided question not before them and
humbly conceive IL is not properly before Therefore
suggest again to the senator to withdraw this amend
nent and to offer il at the proper time.
Mr.. RUSK. will read the nth article OF the treaty.