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

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bly, think have dealt with them very gene rously
There might be pledges originating of this treaty H.
self aud the mode in which II is negotiated and all that,
which may have given them some claims to our consid-
Grafton But those are matters which have passed away
from usmaers Qot necessary To enter ino nor do de.
sire 10 enter into Them As a matter OF legitimate de-
mand believe they have been the best paid people that
ever we paid for what they gave 10 us They got a
country in exchange tor their own which probably is
worth as much as their own and with i such guaran-
tee as believe no other Indian tribe has | have not
looked into the matter fully, but think we promised
that they should never be included within any State
eiloly OF the United States and further, we gaaran.
tied that they were to be allowed to have delegate here
when they chose to ask IT, upon the floor of Congress
Why, sir, an Indian tribe 10 be thus guaranteed and pro-
tected 10 be thus furnished with land which, believe,
upon examination will be found to be equal in value to
they eit-upon that consideration alone believe, they
have got more than an equivalent for the land they left
behind them But whether they have or not am willing
not only to carry out this treaty according to its letter
IFS spirit, but ain willing to be LIBERAL something above
the demands and obligations OF the treaty itself think
and action oil the government upon this treaty. will be
found TO be eminently cred,table to them They were
disposed TO be liberal to these Cherokees am willing,
IN order to exngush all demands hereafter to satisfy
Them putting upon the ground that we settle the de-
mands 10 make peace. | am willing to vote the sum
which the Committee on Indian Affairs proposed 10 vote
but not upon the ground that is due, for do think
is; and think it is only laying foundation for other
demands involving endless alteration and trouble unless
we hS the matter oncefx it now and forever II the
Committee on Indian Affairs willing to accept the
senator from Arkansas tMr SEBASTIAN told me he
Mr. SEBASTIAN TNs VIII HH1 The e' senator !, from Virginia
mention the form in which he proposes to amend the
| reso utions OF the committee
| Mr.. ATCHlSON. | would suggest that the proper
time for the senator from Virginia to incorporate his
views will be upon the Indian appropriation bill.
Mr.. RUSK have been ruled out OF order, because
the jurisdiction OF the Senate in this proceeding did not
extend far to include the claim have presented
II i did mol extend to consider the claim it certainly
could not extend to the adoption OF anything which could
bar it.
The PRESIDENT. The senator from Texas was not
| ruled ont of order
Mr.. RUSK. did not mean by the Chair, but by the
chairman of the Committee Indian Affairs, who said
that the jurisdiction under the article did not extend
Tar that applies to me, il ought 10 apply TO the other
side Il this is not the proper place to consider whether
TO determine that it never shall be paid.
Mr.. HUNTER offered his amendment as follows;
Line second, strike Cherokee nation entitled To-,
and insert 70 satisfy all demands aud settle all dis.
putes arising out of treaties with the Cherokee Indians
Mr.. SEBASTIAN. do no, wish to prolong the discus.
sion upon the amendment to the resolution at all but the
senator from Virginia evidently of the extent
and comprehensive tendency of the amendment which he
has offered Ii means, sure great deal more than
ne IS aware oil or he would pot have given it such lai
tude have no disposition, if the senator agrees the
conclusion arrived at by the committee, to carp at the
reasoning by which he arrives at that conclusion The
probably aware that in the report OF the
Auditor and Comptroller 10 whom the whole controversy
was referred, there additional balance of something
like 500 due under other articles OF the treaty There
IL one upon winch nave
been selected as umpires. | have objection which
makes the matter final regards the to which it
applies but if is intended 10 bar all the other claims of
the Cherokees allowed by the Auditor and Comptroller,
is altogether inadequate for the object for which ii is
intended. think the original language OF the resolu-
ton is technically correct and responsive 10 the issue
submitted to the Senate-ihat OF subsistence
eand, in the Senate shall decide in favor OF
granting the subsistence the question OF the due
under the treaty II the senator from Virginia will modify
his amendment to make ii in full satisfaction for all
claims OF subsistence, will be entirely satisfactory; but il
it's final indemnity satisfaction OF all claims the
Cherokee nation, il would exclude between 100000 and
800 0eo. reported by the Auditor and Comptroller, which
are due Tor per capita distribution | will state more
definitely that upon final settlement Auditor and Comp.
troeT the proper ocers to whom referred the Joint
resolution OF lsi9. decided and reported the OF
S624 900 10 be due the Cherokee nation generally after
charging the nation with all the expenditures under the
treaty OF 1885, and credIng them with the amount al.
lowed them under that treaty In that settlement this
OF 100000 charged to them for subsistence and the
dams contend that that item OF subsistence improperly
charged The question submitted the Senate, aud
the committee think that $4,000 of il is improperly
charged The only matter referred to the Senate
pre- the propney OF charging this 5000 900 for subsst
ence, and has relation TO the S62s acknow lodged
to be due. The committee think that the subsistence
should not be borne out OF the treaty fund.
| Mr.. HUNTER. Do understand the senator to say
that he will agree TO modification restricting the amount
| TO the subsistence
/ Mr. SEBASTIAN. Yes sir
Mr. HUNTER. am willing to modifyit.
Mr. SEWARD II you adopt this amendment, what
becomes OF the claim OF the senator from Texas
/ Mr.. SEBASTIAN. This decision necessarily becomes
hna because the Senate decides umpire and OF
becomes hnal, just any other award would become
hnal, and necessarily agree to the amendment oil
the senator from Virginia, TO satisfy his scrupes in refer
ence 10 IL.
Mr.. SEWARD | think that the award. in the Ian.
guage OF the resolution, must be in the shape of an
sward-not an award I'D hbitum but an award confined
to that characerand that any award by which should
limit the effect OF the decision madesupon the question
be decided would be liable be aside for the abuse
| OF our powers.
Mr.. 5. here gave way for the reading OF the amend
ment
The amendment was read, as follows:
Strike out the words Cherokee nation entitled TO,
and insert TO satisfy all dems nds and settle all dispuies
relation to subsistence arising out of the treaties OF the
Cherokee nation that nation shall be allowed the of
Mr. EWING. Mr.. President, if the sena tor from Tex.
perfectly satisfied tina, this does not touch his propo-
suon, am willing to vote for IL but apprehend may
Mr. RUSK. think IL will. The nth article OF the
treaty shows exactly what submitted, and upon that
agreed 10 withdraw my amendment, not coming with
IN the question submitted Let read the article, and
the Senate will see that the amendment goes beyond ii
Arr. H. Whereas the Cherokee delegations contend that
the amount expended for the years subsistence aer
their arrival IN the West OF the Eastern Cherokees
properly chaTgeabe to the treaty fund IL Is hereby agreed
that the question shall be submitted the Senate the
United States Tor its decision, which shall decide whether
the subsistence shall be borne by tho United the
Cherokee funds, and N toy the Cherokees, then
whether the subsistence shall be charged greater
ttaa 1913 33 per head, and also the question whether
may be found to be due the nation, and from what
date and nj what rate per annum.
II this is 10 exclude other claims "a matter OF course
texcludes the claims oil the Indian tribes Here the
ton Is as TO the years subsistence furnished the Indians
that have reached there and when asked make