The daily union. [volume] (Washington [D.C.]) 1845-1857, 1851-02-13
TIE UNION,

febale wIsh upon the subject is accomplished by the
treaty and practice OF the sosernmentg And must beg
leave that still think my colieasue rs mistaken.
liz may have alluded 10 sons payments TO lie North
Carolina agents. heard that The accounting officers
were filing TO pay the North Carolina agents upon the
ground that they bad the power OF attorney, and con
tract in writing Of every Indian OF the nation heard
that they likely 70 do At, and were cons leing
whether They would net do il Whether they did or MOI,
az ens have been paid Bat after thai Congress passed
law thai pay ment should b. maae 10 agents under
power oil aorney that bad been executed precedent To
the passage OF the law which Of deprived these
agents Of the rights they had in law Wells THIS was
ground upon which accounting officer might very well
CONSIDER whether to do justice under the treaties In re-
gard To the payments OF these North Carolina Indians,
underan that II Is not exactly case IN point ~ That
respect. That law OF CONVERSATIONAL II was
vicious law, and opposed at the time u was passed
paying these Indians they paid, out oil The Cher
okee fund II founded gross injustice TO the In
dams west OF The Mississippi but il act Of Con
gress and there was no treaty In reference TO that a
preparation there basis TO il, aud that basis was the
act Of Congress 10 be sure, II traced back 10 The
equity OF the treaty OF 1888. What the SPECIFIC treaty
The payment 10 be made per capita; and repeat again
that there has been danger, lar as have heard
The executive officers of the government not think
ing oil pay ing this money the Indians, any lof
ton Of the claln Of these agents Il goes 10 regular
officer OF the governnentthe agent OF the Cherokees,
the superintendent OF the Indian tribes OF the west gen.
orally and will be paid out per capita upon his reson
siby, the government being responsible that its officer
shall pay per edpitd according to the treaty So some
half million paid at the last session OF Congress,
az understand and there has never been any danger
upon this subject. THIS amendment therefore, as
state al FIRST Is, IN my opinion, work OF superero-
Mr.. EWING. The statement, Of the senator from Ten
nessre Mr. TURNEYl is totally incorrect with respect to
payment having beea made under the circumstances
he mentions Ii just like all that kind OF loose ino-
mation-not worth one straw. The payments that he
speaks OF made according 10 law and treaty. How
they made cannot now particularly explain, be-
cause cannot remember every legal proposition that |
han. rlara and .}Altu
be expected thai should do But il had no
relation 10 the state OF things existing in this case nor to
the state OF things represented TO the honorable senator
as he alleges, by the Second Auditor. II totally
different thing. There confusion OF ideas respect
to The whole mailer |, will be easy TO examine il, if
person has weeks time or more TO spare; for il will
take any man week what the state nj the
But il will be easy to demonstrate the perfect
rectness OF the payment.
And il is equally clear il this case that no amendment
OF the kind here suggested is al all necessary The treaty
provides that the piSnen shall be made particular
nannef--psr clpia. We 90 on and provide fund.- oal
OF winch this payment is TO be made The EXECUTIVE
will that II is paid according 10 the treaty That is
his duty We moi to direct him how il is to be done.
And il at any time and under any circumstances there
may have been executive officers that have not done their
duty VIVA, has that to do with 9 Nothing at all They
ought do their duty; and if they have done il.
trust their successors will But, then, the the hon
orable from Tennessee Mr. TURSEY has brought
here existed at all, anything that touches
approaches 1t. ...
Then, Mr.. President in my opinion, the better way il
which ii is proposed by The Committee on Finance 1t
we'll considered by them, and the executive officers
are required to carry out the treaty. and make the pay
ment according to it, They required 10 do another
ihing by that provision, and that 10 obtain release
The officers TO make in full and obtain such
releases will be satisfactory TO the Secretary OF the
Interior Now, shall go and tell that Secretary OF
the Interior how he is pay and get his release had
we better leave it to the executive officers, who under
stand This thing. and know how ii be done eectuay
and satisfactorily the Indians and the government.
think il is better 10 leave il just as IL is The provision
made by the Committee Finance Think everything
that is necessary guide to the executive officers in
NJ fURNE II The ssoa,or from Ohio mir Ewrsol
thinks there great confusion OF IDEAS aud that there
is nothing in my statement but what is wholly incorrect
Whatever may be the confusion OF ideas, thing
certain OF and that is that have not added anything 10
thai confusion have made plain statement, OF facts,
as communicated to me yesterday by the Second Auditor
Of the Treasury And whether this identical
not, such the according his OF il
and take him to be gentleman who would be incapa-
bic OF making false representation. and hence place
implicit confidence in his communications OF facts to
II was Of per capita fund being applied 10 the
pay men OF the debt OF the Indian chief Now, sir that
was the decision, and IT was done in the way have
stated according Ia the account OF this officer, when the
senator from Ohio was acting Secretary OF the In
terror
Mr. EWING. | would be glad to know the case in
which il was done, having no recollection OF IL.
Mr. IURNEY. have not the name OF the case but
these facts were stated 10 me, and The gentleman
stated that his object TO procure the passage OF
a law upon the subject, TO prevent this species OF
speculation upon the Indians, and TO preserve for
them tue lund which BY the treaty belongs TO them.
He wanted to prevent thus description OF fraud and
presenting the reasons why such a provision
should be made By law, he gave me these facts.
And in addition TO that he said that the present Commits
soner OF Indian Affairs had passed just such OF
coptI fund.- directing To be palu out Tor the benefit
Of chief chiefs, under the decision made while the
senator from OHIO Secretary OF the Interior, and
that he had rejected upon the ground OF the treaty,
saying that they had power thus To appropriate this
lund, and the question then depending before the
Second Comptroller, and possibly IL would be carried
before the Attorney General.
These were the facts and reasons communicated TO
Whether they were coniused-whether they were false
rues aqueson depending between the senator from
Ohio and the Second Auditor.
But Mr. President, reg ard TO this amendment
aiDly INJURY result from it's adoption Take II in
any possible light you please, aud the effect OF only
be 10 guard and protect the ndians-the ignorant In
OF the tribe that have had described here not
the chief, with all his atalnmens-ior he protect
blmsell-bu the poor ignorant, uneducated Indian Its
only tendency will be TO protect and guard this fund for
the benefit OF the Indians who unedncaed and there
are great many OF them in the nation, unless they
have recently been educaied-snce they left their old
dence in tennessee and Georgia Why. then, object
the provision IT, at all events, the money would be
discussed among the nation according 10 the provisions
oil the treaty, why oppose the amendment Can 1t do
any harm Can IT prejudice the rights Of the common
Indian Will II not enable either the executive officers
practice OF the executive officers such my colleague
supposes, and the senator from Ohio still thinks the
amendment will do no injury, certainly think il ought
TO be adopted. But understand the practice has beer
and must say to the Senate that have Implicit con.
hdence IN the declarations OF that officer Believing
therefore, that this abuse has been pacsed by the officers
ot the government in violation OF the treaty, | am