The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-08-25

4
ton. | believe, though am not very well acquainted
with the history of Indian affairs that the United
States have proceeded upon the principle that where the
Indians were an independent nation, they could make
and did make treaties with them. But in every such
case. so far as am aware the Indians have country
within certain Boundaries under the control OF the gov
eminent. But in case, from the commencement OF
the government up TO the present hour, lar as am
aware, has The government assumed Liabilities for Indians
who are within the limits OF particular State, and over
whom the United States has not particular control This
bill, then, introduces principle, and applies il to
cases 10 which we have never before applied similar
principle II is obnoxious, and Tar can see, Is
liable to all the objections urged against the former bill,
has been already suggested, with regard to the
penditure OF large from the treasury, where have
no control the persons who commit these acts.
would be glad to give my support to proper bill,
said before But does seem 10 this is not proper
one, and that it ought not to receive sanction ask
the yeas and nays upon the question OF engrossment
The yeas and nays were ordered.
Mr. RUSk will say that this bill proposes the adop-
ton of principle at all 1t simply extends what
has been the law IN every other Staen Texas Florida,
| Mr. BRADBURY. The senator from Texas has re-
marked that this is no new principle. think that the
bill is liable TO objection account Depredations
said 10 have been committed, and properly to have
been stolen from the inhabitants OF the States named in
the bill since 1886 These individuals have presented
their claims Congress, and they have received about
the same consideration that claims Of other claimants
have received 1t is proposed by this bill TO place
these claims IN different situation from that Of other
claims upon the government and TO adjust them at once
Now object to this summary mode of dsposing of this
large amount of claims. How many thousands or hun
dreds OF thousands OF dollars these claimants entitled
to, we do not know. We have no information upon that
these claims. and hope that the Senate will not, without
consider ation place them upon different footing from
other claims. bill TO establish board for the adjust
ment OF claims against the United States has passed this
body. and may receive the sanction Of the House during
the present session That board provides suitable man
ner for the adjustment of claims. We propose now
revise and settle claims that have been standing for fiji
teen years think il would be difficult to ascertain the
facts OF The cases. and that account object TO the bill
ing of this amendment Still dislike to ask that the bill
shall lie that account yet have had oppor
tunity 10 examine it. As the senator from Kentucky has
gwen his attention to the subject OF this amendment
wond be obliged TO him If he will tell me how far it pro-
poses to subject the Indian tribe TO whom the Indian may
belong who shall commit the depredations any liza
bility For instance what will be the effect with regard
to the depredations committed by the Cherokees! So
long twelve fifteen years ago, party of the Cheo-
kee nation separated themselves from the main body OF
their countymen, and removed into what is now Texan
territory Perhaps the senator from Texas could give
me some information upon that subject. These Indians
have been predatory IN their character, and have sepa.
rated from their more orderly or law abiding country
men-the Cherokee tribe proper Now the Cherokee
tribe are peaceable not giving much annoyance to their
neghbors the Arkansas; and think 1t would be
hardship TO have them subjected to payment for any dep
relations committed by those wandering parties who have
separated themselves from their tribe, having longer
rational character Cheiokee tribe. They merely
members OF that tribe who fled from their jurisdiction,
who found rksome TO comply with the regulations OF
The tribe Now, if the Cherokees west OF the Arkansas
and others similarly situated 10 be made responsible
for the depredaons OF those of their tribes who may have
left them and gone to Texas, think il would be unjust
Ii this amendment does not thus subject these tribes,
am not opposed to il.
Mr.. UNDERWOOD. | will explain in very few
words what conceive 10 be the operation of this bill
amended Now, sir, if the constitution remarked by
the from Texas the other day. did extend
the Indian tribes OF Texas and the other portions of the
United States, perhaps II might be necessary TO make
amendment 10 this bill carrying the laws of the
United States there, and giving 10 the United States the
right TO extend over the Indians But know that under
ha tpro1 1tcft
Indians in Kentucky until they removed west OF
the Mississippi and believe that Congress, under the
exercises ,a 2. sa' fSr, @ over h s
suggestion made the other day by the senator from
Texas in opposition TO the senator from Ohio, Mr. Ew
mol really thought that the position assumed by the
senator from Texas a correct knew the prac
ce had been Kentucky and elsewhere to this
jurisdiction the Indians; and therefore thought
that, in the language of the constitution, which gives TO
Congress power to regulate commerce with foreign ma.
tons and among the several States with the Indian
tribes, and also prohibits the States from entering into
any agreement covenant with the Indians other
PERSONS unless Congress consent, we bad that power
without express legislation Now, il that be the in
reference the inquiry OF my honorable friend from Ten.
this bill is just this pays for the depredaons
committed by Indians whose tribes nations are friendly
10 government and Tor the depredaons committed
by Indians where citizens do not reiaiate And in
that respect places the citizens Of Alabama, Texas
and others, precisely upon the footing with other
citizens and has ihs retroactive effect which consented
upon reflection. was opposed TO any retroacton the
other day but upon reflection think II is correct IL
fetruacts TO allow persons, who could have
avaed themselves OF the provisions OF the act OF 1884,
had there been agent superintendent to do it Just
they could have done If the government had furnished
that officer. And upon making proof OF that-and the
provision is expressif they make the proof oil that
shall be taken into consideration. allowed, and paid,
oisey il the thing had been brought to the at
enton OF the Indian bureau under the regulation oi the
Indian superintendent agent IL only retroacts so far
as the government may heretofore have failed fur.
nish the proper officers And nasmuch as II is through
the failure OF the government to furnish the proper OH
GERS through whom the citizen could regularly come
under the provisions OF the act OF 1884 it TO
Just and proper that these should be provided for
think that is the whole operation OF the act, and II does
to to be just TO give that extent and that ell
feet
Mr. BELL. | would inquire OF the senator from Ken
lucky whether, in claim is presented by Cheo-
kee proved to be for Cherokee, does he have the
same action any other person
| Mr., RUSK. will satisfy the honorable senator upon
that point, II he will allow TO explain. There will
he no occasion apply for depredaiions committed by
Cherokees mentioned the Cherok and several other
tribes having gone into Texas previous TO the
annexation There have been depredatioRs committed
by them SINCE because there is considerable number
of them, There but few of them and they have
committed no depredations since the date OF xation
mentioned the fact the other day that these Indians
and several others went there before annexation,
mited depredatons before annexation took place, and
war ensued between US, and drove them out OF the
| country.
| MIR BELL I named the Cherokecs by way Of exam
pie OF the objection would exist with any other
tribe. understand the whole question to turn upon
assume guarantee, payment TO citizens OF Texas or
all de preatious committed by Indians OF any tribe or