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

rendered by gentlemen wholly incapable Of fraud or OF
illicit practice OF any kind The honorable senator from
Wisconsin may be correct in his state nent Of facts in
reference to his section Of the Union have heard
of such he has described several ,imes before
But nasmuch as he is not prepared TO dispute the propo
sion tha. this case is probably exception the gen
era rule affirmed by him, do rot why he should OBJ
ect to the application of the principle mboded in the
MAXIM. ercept,o pro5at fegutam, and thus allow the
privilege OF enforcing the rule by insisting upon the
cepton in the under consideration.
4 Mr. WALKER. Mr.. President, the senator from Mis-
sissippi Mr. FoorEl has put case remarked upon
another He says that he has before when engaged in
Case taken retainer or ee contingent upon the re-
suit OF the Let ask him this one thisg; When
that was the did he ask the court which was
render the judgment to nleposs between him and his
cient and decree this lee TO him. and not permit to 60
INTO %, The shnEs hand: Of h's clea,'
courts 10 interfere between and my clients hocdaG9
they have been in general 20 honest that have sa!dom
known attorneys Of high responsibility institute motion
for the enforcement OF that lien which they uader
strain unwilling client pay them just recompense
for professional rendered. and this proceeding is
equally justified by law aud by the principle Of equity
and fair dealing between attorney and client.
! Mr. WALKER, (contnuing.) hope the honorable
senator may always be lucky to have honorable
clients. In this the attorneys Of which we speak
edu ;aled Indians therefore his argument would show
there no reason to ntepose between them and their
has never been disappointed in finding an honorable
client. My amendment is to leave il to the honor OF
these lndanso leave them TO satisfy their counsel as
MT FOOTE merely intend 10 say, in reply TO my
friend from Wisconsin, that do no, regard this as u-
mere legislative body There lies his mistake If we
were actually court, should not hesitate to the
have been suggested The honorable senator from Wis
consn moves US 10 inerpose between the attorney and
his client necessity for it, for the reason stated
by the honorable senator from Virginia. that the Chero-
KEGS understood TO be tribe perfectly qualified to
attend 10 their business and therefore that this con-
duct on part would be ohcous in the extreme, and
Justly insulting even, to some extent to those In whose
behalf our unsolicited protection is invoked.
Mr.. BUTLER. The occasion perhaps requires that
should saya word or two in connexion with this sub
iect As early as ls42 lst3. very nearly con-
nected with the agent of the Cherokee people. had
anime this whole subject, So far from any mystery Be-
ing thrown over the transaction, recoect the strong
contained n that report o Congress upon
this very subject, 10 allow the claim So far then
amned it-and did it without any bias way or the
oher-i thought the claim. recognised and audit
spon the claim Now with regard 10 the mode Of pay.
may perhaps make remark and in relation to the pres
G hs gd By The ,S.,
be appointed He is comparatively young but
have confidence his integrity and that he vii! act for
the Indians to the best OF his ability But sill should
prefer that The Cherokee delegation should take the money
and distribute Per p apd "a rather Than have i put INTO
TO the Indians 10 let their delegation here take The money.
carry il home and distribute than put into The hands
i OF an agent Of the governmsn and to subject him TO
the subec, o. contingent fees and all that. great deal
may be- said upon both sides. but shall no, enter into
i the topic all butI do say that in my judgment is
better let their delegation, which is here, take the
money and distribute capita. than to devolve that
duty upon the agent OF this government which would
10 agent convey the tribe think il ought then 10
be given to their delegation, the safest way 10
a Mr. BELL Mr. President, il understand this ques-
on i is not deserving Of any fsrher discussion whsher
nd urlufI0n Nh infen nd~Lso n
required by the treaty Of ls46 TO be paid per coSifa
presume that will be question for Congressto control
the executive government, the authority OF the govern
men, 10 provide the mode Of payment OF this money
y The treaty says:
"Ths United States agree maze fair and Just settle
q all moneys due the Cserokoes and subject TO tbs
ber, 1885, which said settlement shall exhibit all money
sums paid Tor Improvement, ferries spoaIions removal
and subsistence. and commulaton therefor debts and
ona Of "nX esed So 10 said nson and ID.
el provided in the several articles of the treaty 10
invested the general fsnds of the nation, and also
Z all which raay be hereafter properly allowed and
paid under The provisions Of he treaty ., Isso Inc aTx,e
the OF six million six hundred and foryseve thou,
y to shall paid over. per eapita equal
all those indiydual, heads OF ismiss, ther legal
: 1885, and the supplement OF 1885, being all ,hose Chero
residing the date OF said treaty and tho supple
!; mcnt thereto"
do not understand that The proposition OF the senator
y from Wisconsin Mr. WALEER goes further II s merely
an act of supererogaon, If it goes further than the
treaty and should doubt the propety OF attempting H.
n Sir, is only doing justice to these claimants, though
the authority here contrary to the provisions
e OF this treaty. pay reasonable per cenAge 10 them for
services the prosecution Of these various claims.
y although am no, aware that know any them. By
their efforts various heads OF appropriation have been in
Z cluded in this final settlement with the Indians. will
saywhat may appear very extraordinary, but il what
would exist IN any government upon earth under similar
circumstances where the contest between the gov
ernments of such relative strength upon one side and
weakness upon the other any question that Is seuied
OF this magnitude, pending between great and powerful
government and weak tribe o Indians. and there are no
other tribes known under SYSTEM can say sir, IN
behalf OF these agents. extraordinary may seem, that
e sung their applications with the executive gov6rn1snt
in order TO get this treaty together with the Officers whoss
Al duty it have these accounts aaded and settled,
TO have disposition made Of them for the sasiac-
e ton OF the Indians and doing usce 10 the character
Of the government scI say, but for their active and
e continued exerions do not believe justice would
u been done to these Indians do not Say this in
e tending imply any want o disposition upon the part OF
Congress TO do just,cefo they have done il upon all
casonsbut for the very that these claims,
tculary arising under the treaty OF 1885, have bsen oi
e the most complicated nature involving antagonsca
claims OF two portions OF the tribe in the first placsthe
Eastern and Western Cherok Of the Cherokees
still remaining east who finally did not 90 the river
and then the question OF partition of the country west
this the portion of country formerly ceded TO the In
u dans who had gone There many other dim.
e cult questions be decided Then there was the proper
d OF the treaty OF 1885, relates both 10 the
Eastern and Western Cherokees.