The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-10-04

a
s have thought differently. and have deducted pro rata
ior ,be amount allowed TO those Indians.
The question being taken, upon division no quorum
WI Mr. HALE demanded the yeas and nays.
Mr.. DICKINSON. hope not. ....
Mr. HALE. withdraw the call. ] viii follow the
The question being again taken, upon division the
amendment agreed to--ayes 49, noes mol coun'eu.
NORTH CAROLINA INDIANS.
Mr. BELL. moved to strike out from line 207 and 20S
the words appropriated now required by law stating
that he dill so at the suggestion OF the Committee on
indian Affairs in the House Of Representatives;
Mr. PEARCE stated that these words had already been
MI BELL. That was very properly done, think.
will offer further amendment, to come IN as separate
section al some proper point
The amendment was read as follows;
lsSrc And be IL enacted That payment to any In
dian residing in the State OF North Carolina be made I'M
iii census be taken, which will exhibit those who re-
manned east at the time Of the emigration. and VINO are
s treaty Of 1856 A"a pros.dsd a.e That turtle, pay
act Of 18Th June sas until said roll be returned TO
the and Thar the sum Of VIZ ss IL. aps os
his or her emigration shall be paid TO the cherokee ma
Mi. B. said think il will be well for me to with.
draw the proyiso 10 this amendment and have the ques
ton separately upon the former part OF the amend
ment, which will explain. The object OF the amend
amount appropriated two years ago the North Car
olina Indians upon the ground that fraud has been
committed upon the government some lormw h
ton Of the law under which the appropriation is made
[Mr B. here read the law referred to]
wish 10 call the attention of the Senate and partlcu-
larry Of nv friend from Maryland to the fact that the
time this passed and this provision made was
computed that there were some coo or 7o0 Indians N
North Carolina. My friend from North Carolina.
think, will aid me in this amendment.
Mr.. BADGER, lin his seat.) have not said word
mt. BELL know you have not but you gave your vote
very significantly Well sir turns out that there were
some eleven or twelve hundred who claimed under the
law i struck me that there was some msa M
of the Indian Committee of which my honorable friend
from Missouri is chairman addressed several inquiries to
the departments relative TO the construction by which this
number s..ou be swollen beyond the expectation.
have not yet asceraned the true facts OF the case but
satisfied that they have reported every Indian man. Wo
man, child matter OF what age that may have died
previous to the year 1888, when this emigration took
place. and that they have computed every Indian living
in!he State Of North Carolina in order 70 swell up me
roll to 200 whereas there portion OF them, under
the treaties OF 1877 and 1872 who had taken their portion
Of the Cherokee fund part OF the Cherokee nation and
had agreed become citizens OF the State OF North Car
china understand that they have computed these also
Now the appropriation made upon that occasion was IN.
tended to embrace those who intended TO em'grate west
or who concluded not to emgrae under the treaty OF
1886. All who living al the time OF that migration,
the spirit Of the law OF ls4s In order to fix the con-
sruction Of the law call attention to It n the Senate
and IL there is any doubt about this call attention TO
these words in the law who received communication ior
removal or subsistence" No Indians entitled to
1885, When they located in North Carolina, and agreed
to become citizens of that Sate they had title to it
not particle But they have been enumerated and II
there be objection, wish 10 suspend these payments
until ascertain that fact-and particularly as 10 the
childen-because Understand that Indians have been
enrolled there who were three months old and upward IN
the year 1885, when this treaty was made in North Car.
oina- hope my friends will agree to suspend this until
the next session, when we can get a vote
MIR. BADGER. | see objection to that amendment,
if my friend will allow me to make one modification in il
" and shall show that they entitled" have no OBJ
lection to the amendment but hope my friend will take
back the suggestion that there has been fraud in ref
erence this matter They altogether unknown IN
Mr. BELL lin his seat) don't take it back
The amendment was agreed TO.
Mr.. BELL moved TO add the following provso:
Provided That the Secretaries OF the Treasury and
the Interior be and hereby authorized and directed
through their respective departments the counsel OF the
North Carolina Cherokee reasonable compensation for
their in prosecuting the claims OF said Cherokees
against the United States"
Mr. b. said will state upon what ground that based
AT the time these gentlemen performed these services,
there was no law prohibiting the department to pay them
reasonable compensation, upon power OF attorney,
tuay signed and produced al the department In this sort
OF claims every family, and every member OF every In
TO transact this business as his agent These gentlemen
spent great deal OF me and brought the arguments very
fairly 10 bear upon the committee and Congress- TO show
priaon intended to fulfil the obligations which they
represented as being due to those Indians.
MI rEhhIf, TN MS sediD Is ~ 10 CoHie Out oi Tue
fund.- aa
Mr.. BELL To come out of the fund, OF course
Well, subsequent TO that and before this finally ef-
fected, Congress- passed law stating that demand
should be made upon powers OF attorney These gentle
men, believe, who prosecuted these Claims only ask
reasonable tits lett TO the discretion OF the depart
ment how much shall be pad--wha, per cent-3 5, or
10. out OF this money. hope the amendment will be
agreed To.
Mr.. BADGER wish merely TO suggest to my friend
whether that demand should not fall upon the derelic
port ion Of the claimants.
After few words OF low conversation between the
senators,
Mr. BELL said The senator will not press it,
The amendment agreed to-
Mr. BELL have another amendment 10 offer, but
will move il in the Senate. II is for the payment OF
David Taylor have not had time TO examine II partic
ulary myself but other members OF the committee have
paid much attention to H.
CONCURRENCE IN AMENDMESTs
No further amendment, being moved, the bill was
ported to the Senate.
The question was stated upon concurrence with the
amendments.
Mr. PEARCE reserved the amendment for holding
treaties and extinguishng land titles in Minnesota.
MIR HUNTER reserved the amendment making APP
preparation for the Potawatomie Indians.
Mr.. SEBASTIAN asked to reserve the amendment OF.
fered by himself, which had been amended in committee
The PRESIDENT stated that concurrence in the amend
ment would preclude motion 10 insert what had been
stricken out in committee. gt
MIR. SEBASTIAN hereupon waived the reservation
The amendments not reserved were then concnrred in
The question then stated upon concurrence with
the following amendment reserved by Mr.. PEARcE:
"suise out all after lire 7sl the end Of the bill,
follows