The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-08-23

believ We these claimants would be entitled to the benefit
OF the intercourse law OF 1884 but the departments
have decided as am informed, to the contrary This
section OF the bill, which the senator from Kentucky
proposes TO strike out does nothing than TO make
that law clear and explicit so that there be ms.
take BY the department that this intercourse law does apply
10 these claims This law does nothing than the
law OF 1884. Ii is according TO the construction given
10 il by the senator from Kentucky. Then ask hun,
what harm will be done II we do enact law now IN
| existence What harm will be done
| Mr.. UNDERWOOD Mr.. President. have not seen
those decisions of the departments to which alusion has
been made do not how II is possible for any Ian
guage be palmer than the language Of this have
read the section which makes all that country Indian
country within the meaning OF this act There be
nothing palmer than that will now read TO you the
section which defines what depedahons shall be paid
for and appeal TO the Senate, when 1t shall have been
read whether it is possible write in human language
| anything palmer than this section
That il any Indian Indians belonging to any tribe in
amity with the United States shall, within the Indian
Country
There sir is the case provided for when il is Indian
country, the tribe being at peace or amy with the United
States.
-or shall pass from the Indian country into any State
or Territory inhabited by citizens OF the United States
There the case is provided for when the depreciation
committed in the States Territories Now, sir un-
less my friend has actually the decision or unless
little creduous think that the department could have
refused to apply provisions palpaby and plainly re-
fening to the case; It may be So have not seen it.
But sir, this bill does great deal more in reference
to this class of cases. which provides that the money Is 10
be paid by the within twelve months alter the
Indian agent shall have investigated The matter provided
the Indian tribes do make compensation II is an en-
agement and departure from the act OF 1884, and TO that
extent it introduces principle Allow me TO read,
sir if you please what the act OF 1884 that subject
says The provides for the investigation by the In
dian agent Of the depedatons committed by The Indians
and then goes on to say
And, in the time; in respec. to the property SO
taken stolen destroyed the United States guarantee
the party injured an eventual decentralization
That is the expression in the act of 1854 The guar
anty is eventual decentralization" BY this act OF
1884 is reserved for the United States to exhaust all its
efforts obtain satisfaction from the Indian tribes before
that compensation is to be made and there is dlsce
tionary time allowed; But sir, this bill OF my friend from
Missouri steps and changes all that and actually pro-
vdes that this money shall be paid within twelve months
according my recollection OF it. Now, sir, it seems to
the act OF 1884, which 10 have been the object
from the beginning, few words making directly ap-
pcable these States would be sufficient But il en-
ages the provisions OF the act OF 1884, and applies this
enlargement not to the whole Indian country, but to
Texas Alabama, and Florida, and leaves out the of
the Indian country because this bill is to make the ap-
pcaion to these States that named, and not to EN-
brace other territory that has been named heretofore,
and the intercourse that prevails between the Indians
all other parts OF the United States Il embraces these
particular named in the bill and leaves the other
parts of the Indian territory altogether out OF the question
The efec, OF that bill will be just this TO leave the
provision of the act of 1894, which have read to the
Senate in full force so reference all the Indian
rtory except Texas, Alabama and Florida; and in refer
those territories you give an entirely new rule,
greatly superior III W VI the
10 that which has heretofore prevailed Now. sir, ask
my friend from Missouri upon what principle this dis
elimination is made. How he reconcile himself TO
placing one portion OF the cizens OF the country, IN
reference to depredaons committed upon their property
upon better footing than others cannot vote for
proposition OF tina, sort ltwould seem to me that we
ought moi TO make these distinctions II the bill is 10
pass ALL should provide for all receiving their money
in twelve months; that the claims oil Texas, orda,
and Alabama shall stand precisely upon the footing
with the citizens OF Minnesota, Missouri, or Iowa, in
ference the Indian depedations in their Territories
The has not been provided Tor and hope, if the
| bill passes, a suitable provision will be made
| Mr. ATCHlSON Mr. President, the that the
senator from Kentucky has made, il it the
Of the case, would accord 70 him But II Is not So
There is no change by this bill the act Of 1884, in the
respect that he mentions will call his attention to the
act of 1884, while read from this bill, and he will
that il is literal copv
Who upon being furnished with the necessary proof
shall make application the tribe nation 10 which such
belong for satisfaction and II such nation tribes
time not TO exceed twelve months, these the very
words the law Of 1884, of the proceedings shall
Secretary OF Interior that such further steps may be
taken shall be proper in his opinion to obtain sssac
ton for the injury and in the mean time tho United States
shall indemnify The party injured u the amount OF value
of the property taken, stoen or destroyed.
The Secretary OF the Interior is substituted for The pres
dent. which is the only difference. This bill does not
give the people of Texas Florida, and Alabama, any
advantage over the people OF any other State y The
no change OF principle. admit that perhaps II would
have been equally as well, in few words. to have
Tended the dement's OF law Oh 1884
people OF Texas Florida and Alabama. Ii might have
been done in very few words; but there some OBJ
security in the 18th section OF that law which the
mee attempted TO do away with by substituting other and
different words, without changing the meaning OF the
law as we understood H. II the Senate will examine the
law they will see that there is nothing which gives any
advantage to the people OF Texas, Florida aud Alabama
over the other States OF the Union.
! Mr. UNDERWOOD. MIR. President the difference
between the senator and myself IN regard to this bill
and have obtained copy since | sp before-can
very readily be by reading the language OF the act OF
1884 and the language OF this bill II there is differ.
ence, OF my objection falls to the ground.
ceiye that there is very palpabe difference and It vii be
considered 80 by the department which will have TO adu
dictate upon the matter II this bull passes This section of
the bill which we have under consideration says
And " such nation tribes shall neglect rclu 10
make satisfaction in reasonable time, not exceed
twelve months, return OF the proceedings shall be made
by the agent, snbagen or commissioner TO the Secretary
Of the INTERIOR thar such farther steps may be taken
shall be Srope in his opinion, obtain satisfaction for the
injury, aud in the mean ume"--
That is while these other steps going on, it shall
be in the discretion OF the Secretary OF the INTERIOR
while resorng 10 other TO obtain indemnity for
the Indians; and 10 the time the United States
shall indemnify the party so injured to the amount OF
value OF the property taken, stolen, destroyed"
Ii was indemnify in the original but the word in.
deInny is stricken out and the word guarantee" is in
serted, 10 guarantee the party injured 10 the
amount OF value OF the property takeu stolen, de-
sroyed" But does not stop there II stopped there
then there would be psusibity in tie reasoning of
my fri, nd, which based upon what he read. But
stead of stopping there IT says: such indemnity shall
be paid Of the contingent fund OF the Indian depart
ment"
i That is a part OF the bill What does il do9 II Ian.