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


! [Mr RUSK here offered as an amendment an addi-
tiona resolution OF which could not obtain copy
| Mr.. SEBASrlA | would suggest TO the senator
from Texas that probably the legitimate way would
be 10 add the aggregate amount OF sio90OO contained IN
The first resolution OF the committee together with Tue ad
dinonal amount which he offers in his amendment,
Mr. RUSk. Mr. President. this is a complicated busi-
ness, and II will take more time than am willing 10 oc-
cupy 10 into the whole matter. My own opinion ls
after looking over all the papers that there is muc
larger amount than the original resolutions and the
amendment contain equiiably due to the Cherokees
BY the 81 article OF the treaty OF 1876 II agreed that
certain rents under the name OF ments and resef-
yatons, had been improperly paid out OF the fye-milon
fund That covered the $624,OOo paid for rents and
accounting officer OF the treasury This, according TO the
terms Of the article improperly paid out OF the fund
Ths ought have been p s osd
shall reimburse any paid by the government improp
erly ou OF the ivemillion fund That the $624
0O0 and includes the $96 900 paid the agents supern
tending the removals II is LEFT 10 The arbramen, of this
Senate, by this treaty whether these Indians TO have
subsistence, and 10 determine whether this IS legitimate
charge upon the treaty fund upon the United States
Six hundred and eleven thousand dollars We're appropra
ted by Congress, under Mr. Ponsetts estimate, Tor sub.
sstence The difficulty grew up with regard to this
question OF subsistence during the time that Mr. Poinseit
Secretary OF War, and il left to him. and he de-
temlned Notwithstanding there article in the treaty
which would upon strict construction, 10 require
this sum to be taken out OF the hve-milllon fund
way there was another article IN the treaty,
Also that declared that all previous aes not expressly
repealed BY this act, remain in force)unde the treaty,
then, of 1928 he determined, upon due delberaton,
that this subsistence should be paid by the United
States that 1t was not proper charge upon The Chcfo
KEGS for the amount stipulated to be paid to them ior
their land lie accordingly presented estimate TO Con
gress and Congress made an appropriation Therefore IT
determined only by the decision of the Secretary
this should be paid, not from the Cherokee fund.- but
should be paid by the government of the United States
This appropriation was not applied 10 removals and
subsistence but $45o,ooO applied to removals Add,
4 g. III
out that the removal alone cost $2OO0OO0 and the sub
sistence cost more than $90000o 100000 was pro
vided for spolaions by supplementary article OF the
treaty of the 9th of September, 1885 but of that 1884 200
only paid Tor spoatons, 1886, 900 only lett Tor re-
moyas, which, added to the ol7 900, makes 81 900
for removals and subsistence, which actually cost
$40 900, leaving about 81 10000 10 be taken out OF
the Indian fund, which should be paid by the United
States The government also agreed to remove them.
and furnish them with subsistence year after they
removed to the Arkansas. They agreed, further,
through their agent, TO allow them $780, if they thought
proper to themselves and then 1893 33 subsistence
ior twelve months All this paid after they were re-
moved TO Arkansas; and that brings me to the item that
have offered as amendment here
Certain Of them who had received the amount for
subsstence-indigent lndans-were unable to support
themselves, and they supported; and that sup
port not taken out Of any appropriation made
by Congress for the removal and subsistence OF the
Indians but taken out of the Indian fund, which
had been guaranteed by another article OF the treaty
TO be divided among the nation per capita. Thus
was done by the consent OF the government seeing
perhaps the condition of the Indians, state OF
chy and confusion quarrehng about the government
The government superseded the Other and this sum
taken Of the fund by the consent OF the govern
ment Of the Cherokees, il is true But was right and
Just that this should be done. The government OF the
United States under obligation TO these Indians
and furnish them with subsistence II was not 10 be an
act OF the Cherokee nation to carry them herc but an act
OF the United States government Here then, was fund
belonging to the CheIokee nation of Indians which was
pledged TO them TO be divided per capita The government
in the place OF redeemng this TO furnish them
with subsistence took tie fund from the Cherokees and
applied to the subsistence Of those INDECENT Indians
Now there any equity in this pass over the other
losses which they have clearly sustained. admit that
this business has cost the government great deal but
you will also remember that II matter OF great I'm
portance 10 get them away IRON the lands which they
fcuped. They surrendered lands extremely valuable
You will also remember they surrendered lands that were
extremely valuable 10 the United States, and their nauon
was tho wn into OF the utmost conuson-in which
state OF confusion and insecurity they remained Tor a
number of years All this was fairly and legitimaiely
the operation OF the government OF the United States
According to my conception, then, we were bound IN
good faith to have paid more than this amount They
had right to take for purposes OF their own sum OF
money agreed to be paid to the Cherokee lnans to be
divided amongst them per oapia and which to each
Indian IN the nation an interest IN the whole amount
Under the circumstances think this should pass
Mr. ATCHISON. | agree with the senator from Tex
as the equity OF the claim Of the Cherokees against
this government for the remuneration OF sl720oO that be
asks But take II there were but two questions 10 De
settled by the Senate umpres with regard to the ea
y OF 1885 The opinion OF the Senate is asked upon
two poins-subsstence and inteest-as was so clearly
stated BY the senator IRON Arkansas NOW, lei le SEN
from Texas present his point upon the Indian ap
preparation bill, when shall come up, as Just demand
by the Cherokees against the treasury oil the United
States OF Sta, ,000 and will vots for IT, do not de.
sire that this question, presented shall be at all EN-.
barrassed.
Mr. BELL, lin his seat) Can it be
Mr.. ATCHlS0N. 1 think not 1t is a Legislative
matter altogether The resolutions presented to the
Senate by the report OF the committee submit the
two questions to the construction OF the treaty OF
ls35and il agreed to by the treaty OF lsse, that
these two questions should be presented to the Senate,
and take il, Others for their conslderaion)
the question whether the treasury OF the United States Is
responsible for the subsistence of these Indians, and the
question whether the treasury OF the United States is re-
sponsibe for the amount of money wrongfuly taken
from the five million fund These are the only ques-
ons be decided by the Senate, and the only two
questions think that ought to be presented to the Sen
this time Ii the senator IRON Texas Will present
his proposition in the shape of an amendment TO the In
dian appropriation bill, when II shall come before the
Senate, will vote for II cheeruly. because believe the
government OF the United States ought to pay this
$l72 900 for the subsistence OF those INDECENT Indians
Mr.. SEBASTIAN. The subject Of the amendment now
offered by the senator from Texas was considered by the
Committee Indian Affairs, and, under the circum-
stances they thought that that amount should not be
embraced in the amount allowed to the Indians, ,echnl
cay, subsistence money; or, IN other words, that
il was correctly charged in the report OF the Auditor
and Comptroller setting all the settlements between
the United States and the Cherokee Indians to the FIVE
million fund The history Of that $4,000 will ad-
vert 10 again, and show how II stands IL was thought
by the Committee on Indian Affairs Justly due TO
the Cherokees final settlement II is not precisely
true that this S1S9,OO0 is allowed in consequence OF
an Interpretation OF the treaty of 1885 The strict
legal terms Of that treaty dispose Of that question: and
leave no doubt but that il legitimate charge
upon the fve-mihon fund. When the Senate OF the