The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-08-21
In CONGRESS- OF THE u. STATES.
MONDAY. AUGUST 10. 1850.
I'm CONTINUATION.
INTERCOURSE WITH INDIAN TRIBES

INTERCOURSE WITH INDIAN TRIBES
The Senate resumed the consideration OF the bill to
tend the benefits OF the nth section OF the act to regulate
intercourse with the Indian tribes, and preserve peace
on The frontiers, approved the Sd OF June. 1884, TO the
people OF Texas and others
| MIR. MASON. When this bill was up a few days
ago, my attention was drawn 10 it, and listened with
great deal OF attention 10 the remarks made upon il by
the senator from Ohio Mr. EWING who is not now in
his seat And am free 10 confess, that as understood
itwith every disposition in the world extend relief
and proper indemnity to those who suffer from Indian
depedationsl am not satisfied with the provisions OF
the bill We depart manestly from the rule adopted 10
the law Tor organizing our intercourse with the Indian
tribes, and paying indemnities for depredatons
mtted under that law, and ray involve the country in
very serious expense in paying for indemnities when
at the present day the United States has power pre-
vent the depredations complained Of would suggest to
the senator who is interested this act TO let il pass
over till the senator from Ohio is present Ii acted
upon shall be compelled to vote against it with great
| Mr. ATCHISON. The argument of the senator from
Ohio was this, If Tecollect Alright Ii was that the gov
eminent OF the United States had control ursdc
ton the Indians Texas and therefore could not
be held responsible for depredaons committed by those
Indians Well, SIR admit that there is some force in
the argument If the government Of the United States
have not, under the constitution OF the United States,
jurisdiction these Indians then admit there is force
IN the argument; and to obviate that objection submitted
to the senator from OHIO proposition TO amend the bill to
this effect insert in the fourth lne after the words
amity with The United States" the words, and under
its jurisdiction and control" II these words inserted,
there will be nothing of doubt, far the argument
raised by the senator from Ohio goes The United States
then will be responsib ibe only for depredaons committed
by Indians under the control and jurisdiction OF the
United States
Mr.. SEBASTIAN Mr. President, there is an amend
ment which adopted upon my motion the other day.
II think, Just after those words
The PRESIDENT. There is an amendment after the
words " United States" on motion of the senator from
Arkansas IN these words, or under the jurisdiction
authority Of"
wording OF that amendment Instead OF the word or,
it should be and" to read under the ursdic
ton and authority Of" make the motion to strike out
the word "or" and insert the word and" as my atten
ton has been called to it,
The PRESIDENT. That is not strictly in orders but
by unanimous consent OF the Senate it will be done.
There being no objection, the amendment made
Mr. ATCHlSON If that has been adopted, then
will withdraw my proposition
Mr.. SEBASTIAN. | would say to the senator from
Missouri that my amendment was intended TO exclude
the annuitles OF the Indians from being responsible for
depredaons But it probably supersedes the amendment
which the senator from Missouri wishes TO offer His
amendment applies to those under the jurisdiction OF the
United States; nine applies to the jurisdiction oil the
Indian tribes
Mr. CASS | wish merely TO state tha, the principle of
our intercourse with the Indian tribes is this That if the
United States them annutes, the United States will
offset these annaites as far Extends by the injuries
the Indians have committed would therefore, submit to
the senator from Missouri that if this provision does not
meet the cases he desires TO meet then let him extend TO
those Indian tribes to whom the United States annu
ties, and leave out OF question entirely the difficulty as TO
whether they were under jurisdiction under the
Jurisdiction OF the State OF Texas.
Mr. ATCHlSON. The existing law goes one step fur
her II depredatons committed by Indians who do
not receive aRnutes from the United States the United
States guaranty the payment OF these depredatons and
paid out OF the treasury under the present intercourse
law of 1884.
Mr.. CASS. | am aware OF all that If the parties
themselves do not choose to pursue against the Indians
their nights, the United States guaranty the payment TO
hem 10 preserve peace upon the frontiers Now il these
Indians receive annuites from the United States, II will
not matter whether they be under the jurisdiction OF the
United States OF Texas The senator from Texas tells
that there tribes Texas who
from the United States.
Mr. RUSK. THIS bill only extends to Texas the bene
hts Of the law II is extended to other sections of
the country. That is all that there is in it, There
portions OF the Indians in Texas who have gone there
from the United States. and are not properly under the
jurisdiction OF Texas There are the Cherokees, the
kckapoos, Shawnees, Deawares. &c. There are other
Indians, 10 whom noannucs are paid, such as the Gu
manches, and others, II only applies the provisions OF
the law OF 1884 To this case.
Mr. JONES. | wish to inquire whether the chairman
OF the committee is not mistaken 10 the provisions OF
the law referred TO BY hun There are now before the
Committee on Indian Affairs two petitions from my
stuens, who have been robbed by The Sioux, IN the
Territory OF Minnesota and the State OF Iowa Their
before this committee, who refuse to report
bill for their relief Notwithstanding the petitions sup
ported by proof OF the facts The committee refuse 10 re-
port bill because there annuitles due TO the In
dams Now, the general government is bound 10 make
remuneration for these dspedatlons why have not the
committee reported bill for these pelltonersi
Mr. CASS will state what is the law upon tins sub
ject
the treasury of the United States, for
such property II he any Of the nation to which be be-
longs shall have sought private revenge or attempted OBJ
tain satisfaction by lorce violence Ind Propided
also, That II such offender cannot be apprehended and
brought trial, the OF such property shall be paid
out Of the treasury, as Aforesaid.
Then IL goes 10 provide that II the United States
them annuues, the amount shall be deducted from
their annnues but when they have annutes, the
United States give guaranty Tor them The object Is
apparent useful and necessary Ii you do not give this
guaranty If mans horse is stolen from him, and he
hands, and this will be the cause oil maraudng parties
upon our frontier
Mr.. JONES. In the cases to which refer there were
two parties OF government surveyors OF public lands The
Indians went out OF their country, and came into
Iowa. and robbed them OF their horses and other property
TO large amount And in both cases | know myself
that made application for my constituents TO the Indian
agent Of the Sioux Indians for indemnify He refused
aud referred to the Commissioner OF Indian Affairs,
and he refused to compensate them. Then presented
the to the Senate and had them referred to the
Committee Indian Affairs, and the committee have
fused TO report any relief
| Mr.. SEBASTIAN II seems that ny friend from Iowa
IL probably under misapprehenson to the grounds
upon which the committee refused 10 allow these claims
The i7h section of the intercourse law of 1884, under
which all these claims are presented, requires that the
proof be taken before the Indian agent Ii has nothing
al all TO do with the responsibility OF the United States
for these claims. The only object OF that provision is
TO protect the ndiap so that II be done in his presence
he may examine the witnesses, as liability is
alude. in the first place rejected upon that
ground alone.
While up, would make a remark in regard to the gem
eral rlis OF this bill There To be an erroneous
impression prevalent among several members OF this
body that the provisions of this bill innovation