The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-08-21

treasury Of the United States is liable for them The
lpfncpe upon which the law of 1894 proceeded was the
unconditional liability OF the United States Tor the dep
relations committed by Indians in amy with the United
States. The law OF 1884 was to be an ascertanment OF
particular mode of proving these claims and making the
Indians liable for them, and intended to make the
United States responsible for them.
This law merely provides for the extension OF the law
of 1884 to Texas 1t makes the treasury of the United
States liable for vast depredatons upon the prnc-
pie recognised as the foundation OF the general Liabilities
or tables now covered with individual claims arising out
of these depedatons and the object OF this bill is to dis
pense with the further consideration of these bills here.
and to refer them all to the executive department. where
they will be disposed OF under general law,
| Mr.. DAVIS, OF mississippi Mr.. President, have
some difficulty about the proproty Of this bill not that
il introduces principle, but that extends rule to
case moi contemplated when the rule was made, and
beyond the principle upon which the rule rests The OBJ
growing out Of Indian spoliaons results from the fact
that the Indians are be controlled within their
territory by the power OF the United States, and that
power extends to exclude white men from the Indian
country, except those who go with license. In this
case the United States have control over the Indians
Texas because they reside upon the territory 0 Texas
the settlement OF Texas 70 prevent white men from go
ing into the country inhabited by the lndianshe Indians
of Texas being at liberty go as far as they please and
every Texan having right so far az the laws OF Texas
will permit to go into the country possessed by the In
dans will be to impose upon the United States re-
sPonsby without any power 70 , sn,ed Ia themselves @
keep the Indians in their country We cannot prevent
the white men from ,respassng upon that country as
signed to them The conclusion becomes inevitable Ihe
depredatonsa frequent and so far they are commit
ted by those rowing bands OF Indians that nhabt the
southern part OF Texas, there will be immunity or di
rect claim upon the treasury OF the United States.
think. therefore, extending the provisions of the
law to not contemplated when the law was made,
and to where it cannot be justly applicable, unless
from Alabama, upon my left, [Mr CLEMENS, is set
apart for the Indian tribes and that country is put under
the protection and supervision and power OF the United
States
Mr. RUSK think the honorable senator has fallen
into slight mistake. introduced by difference in char
between the Indians for whom we passed this in
ercourse law and those to which, under the jurisdiction
Of the United States, has now been extended The bill
conteopates, as have before said, nothing
less than extending the provisions OF this bill TO the State
Of Texas which i now extends to every other State in
the Union. The Cumanches who belong to the jurisdc-
ton of Texas, or who in Texas, rowing bands.
They have idea oil a locality they have none. They
never remain two weeks in the place. They
constantly following the bnffaoes The principle incorpo.
rated in the intercourse bill is this that where the United
States take control OF tribe OF Indians, and are IN amy
with them, if upon predatory war upon the frontier
these Indians commit depredatons upon the inhabitants
Of the United States then those depredaons shall be
paid for. They extend guaranty that all depredaons
committed by the Indians with whom they are in amity
shall be eventually paid for out OF the treasury OF the
United States They reserve to themselves as ms bll
annuites or MOTTO remunerae our inhabitants Tor any
depredaons they may commit The United States have
taken control OF the Cumanches by treaty, and by more
treaties than In the first place, the treaty with them
selves by which the United States took control OF them in
the second place. the treaty with Mexico by which the
United States agreed TO control these Cumanches and IN
the third place. they under the jurisdiction OF the United
States by the constitution itself They have right now TO
law and TO adopt any means necessary to regulate
the trade with these under the provisonso oil the
constitution The most OF the depredaons complained OF,
and for which memorials sent to Congress, and now
before the Committee on Indian Affairs are committed not
by the Cumanche Indians al ALL hut by the tribes have
mentionedthe Cherokees, the Deawares, and others,
who would have been restrained within their own country
Iii the palpabe duty of the United States to restrain these
tribes and prevent them from depredatng upon u.s. do
not intend 10 make any complaint now, or to say anything
rr,ate at all Bu, am bound to say that the govern
men OF the United States has been wanting in the per-
Torrance OF its duty TO itself and to the people OF Texas
in permitting these Indians constantly 10 leave that ter
rtoy assigned to them by the United States and 60 over
and depedate upon the people OF the United States and
Texas. II commenced when first went to Texas SIX
teen seventeen years ago. and continued during the
war. We have had much trouble with these
Indians OF the United Saies and it has cost us greater
expense defend ourselves against them than ever did
to defend ourselves against Mexico Some eight or ten
Of these tribes have gone there. They not only commit
depedatons upon the citizens OF Texas but they are the
stirrers-up of and difficulty with the Indian tribes
is matter OF policy with them to keep the Cumanche
and other wild Indians away IN order TO have the prohs
of the intervening trade with the whites. They have
done il and some OF the difficulties have had there
have been owing to the improper conduct OF those very
Indians, whom was the duty OF the United States to re-
strain and TO keep them within the bounds OF the Unl-
ted States and not 10 permit them to within the bounds
OF Texas Not only, sir would the Interpretation OF the
require this OF the government OF the United States
and proper regard for the citizens OF any State IN the
Union that they should those Indians, but before
our annexation they were under special treaty obllga
usn to that eiect-an obligation which exists The
question is simply this Whether the United States
will place Texas upon the same footing with regard TO
these Indians, with every other State IN the Union, or
whether they will leave this matter open to produce war,
confusion and diculty What will be the effect il the
bill passes In the first place, most OF the Indians are
under their ursdlcuon and any damages will be paid
out OF their annuity. So far the .Cumanches con-
cerned the United States having them them under their
jurisdiction, il they commit depredatons, what will be
the RESULT The individual upon whom the depreciation
is committed, having the guaranty OF the government OF
the United States will not take the matter into his own
hands, and thereby raise a He will greatly prefer
that guaranty Bat if you refuse him that guaranty OF
the United States against the Indians with whom we are
upon terms OF amty, what is the natural consequence
when he is deprecated upon and his property taken As
matter of course he will be obliged TO take the law
into his hands, to commit retaliation upon the In
dans, and Indian war will follow Under the circum.
stances, hope the bill will pass.
Mr. MASON moved that the further consideration OF
the bill be postponed until tomorrow; which was agreed
TO.
RECLAMATION OF FUGITIVE SLAVES.
The Senate as in committee Of the whole, proceeded
10 toe consideration OF the bill to provide for the more
eectua execution OF the third clause OF the second sec
ton oil the fourth article OF the constitution OF the Un
ted States
Mr.. MASON. The bill now before the Senate was
introduced by in January last, and referred 10 the
Committee on the Judiciary. That committee reported
it with some amendments, which contained IN the
bill and at a subsequent day, after conference with
many gentlemen, amendment was prepared, varying
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