The daily union. [volume] (Washington [D.C.]) 1845-1857, 1852-05-19

vote for il as cheeriuly any senator have that
limited confidence IN General Jacksons knowledge OF the
entllle me TO vote for It But should like those who
are interested in TO show precisely the bearing OF this
spesne M ppTW PORTION Of the appropriation upon the facts
at issue, and going of upon collateral one Now il is
all true, as the senator from Michigan says, that there
was great deal OF fraud perpelraed Under of the
articles OF the treaty spectators went there and perpe-
lraed frauds and the Indians perpetrated frauds upon
one another and brought about great deal OF difficulty
lust about as much as generally happens 10 trade any
where But that has nothing the face OF the earth 10
do with the claim These persons no parties TO the
transactions bargains BY the treaty the Indians were
authorized to sell out their lands and settlers were per-
soil, which numbers OF them did Whatever may have
been the difficulties Il is not necessary inquire into the
fact whether 1t these frauds that perpelrated
Or whether i was state Of starvation that led the
hostties. 1t makes no kind OF difference which was
the cause of them When settlers went there as thew
had right TO do by the sanction OF the government be-
cause the land yielded we'll 10 labor, tie Indians com
menced system OF depreciation upon them. which went
on from one step TO another until finally il broke out
into hostes, in which only small portion of the tribe
engaged The government afterwards, in order To-
ascertain the damages, down this commission and
they have reported what is asked to be placed upon
the deficiency bill for the purpose OF paying them for the
Now, sir, said yesterday that il the intercourse law
had been extended to Alabama and Georgia. these claims
S would have been paid Long ago And the principle Of
not call the spirit as the senator from Michigan
to object that term but the principle upon which the In
tecourse law proceeds should certainly be applied well
to who lives in Georgia and Alabama if you going
to administer Justice as to one who lives in Missouri or
Michigan; This principle by which you allow payment
for depredations if is good section OF the Union,
is good over the whole extent of it, The principle is
this That i any portions Of Indian tribes in amity with
the United States SHALL In their country commit depreda-
tons upon any OF the people Of the United Sates shall
pass beyond their lines and commit depredations upon
application made Tor remuneration for these damages the
government shall guaranty their payment. And il the
practce-and such is the provision of the intercourse
law-that Indians are entitled to receive annuites.
satisfy the claimants and il they have not not sufficient an
nues TO pay them, then they guaranteed out OF the
treasury yy,f} Of the rs,D United IDS, States.
question Does not this intercourse law extend only to
Indian territory outside of the boundaries of any State
S0 sssna Sa~ only That eoy over which the
not extend to Alabama and Georgia
| Mr. ATCHlSON. will answer the geneman's ques.
ton. If an Indian living within Territory comes into
any State OF the Union and commits depredations the in
tercourse law indemnifes the parties for the loss Of
property, whether il be in Territory or in State.
Mr. RUSK. II the senator will look into the fourth
volume OF the Statutes at Large, seventh section, he
will find this law Ii an Indian, living within Terri
tory should pass his line and into the State
OF Missouri, any other State of the Union, and stead
the property OF white man, and the white man should
make application, he would be entitled receive pay for
damages That is the principle; and if it is good in
Michigan and Missouri should be good in the State of
Alabama OF Georgia In the first place. i the Indians %
the United States to deduct the amount OF damages from
those annuties. Ii they have not sufficient annues,
/ then they paid out Of the treasury.
i Mr. BADGER. The government is bound to see il
paid 10 The sufferer.
Mr. RUSK. The government guarantees that the pay
ment shall be made. Thatis the express law; and now
let apply this principle TO this case Here are these
Indians not responsible for the policy Of the government
whether il be good badno responsible for the acts
of the speculaors Peaoeable quiet citizens indust
ousy pursuing their avocatons for livelihood are for
long time deprecated upon by these Indians, who steal
i n llvp unoD is
TO go into the history OF the affair. The Indians were
abou, to leave Everybody knows their character and
disposition TO steal IL is regarded generally high
qualification among the rbeone that recommends them
very mach--if they can steal well. They commenced
these depredatons Well. there were none Of them in
Georgia. Those in Georgia had nothing to do with it
but they passed the ne and upon the unpro-
teced settlers and stole their cattle, corn, and things
of that description Georgia turned out men to defend
her citizens from these depredaions; so did Alabama
and from these individuals they obtained supplies to live
upon, These are precisely the facts which be-
fore the Senate.
1t may be answered that we should have taken them
out OF the annutes due 10 the Indians. Well, then,
question would arise which might involve 10 ex-
tent the policy OF the government One thing is certain,
The laws bad not been extended and these persons in
Georgia and Alabama did not receive the same protec-
on which they would have received if they had lived
other State of the Union Now is there justice
in that Though there various classes OF these
clains-some OF them were for consequential damages
persons having been driven of their farms-this that is
now reported for actual property taken away from c-
zens, most OF whom have been kept out OF il for foue
or hfteen yeas That, sir, Is the question Ii does
involve the policy of the government, whether IL
wise foolish one-whether a Just or unjust one.
These people had nothing to do with that policy they
had control this government. They suffered
the losses. They there faithfully attending 10
their own business, without having involved
themselves in these frauds They lost their property
and now they ask you. upon the principle which
you apply 10 the intercourse law in adjoining States in
relation TO other individuals 10 pay them for what they
have lost; and think you are honestly bound 10 do it,
Mr. BELL. II seems TO be thought by the honorable
senator from Michigan MIR. CAss] and the honorable
senator from Alabama [ Mr.. CLEmEHsl that the auson
which made yesterday to the subject OF the policy OF the
government is rather unfortunate for the purposes for
which this amendment offered. The honorable sem
ator from Michigan Mr. CAssl has stated once, and
peaed again in the OF his remarks that the sena-
tor from Tennessee-mysef-hsd made what he consd-
cred grautous attack upon the late administration and
the policy OF that administration Now regret il very
much II have made any attack that is calculated to pre-.
JUDGE this claim in the opinion OF any member OF this
body; and if 1t was unnecessary auson equally
regret II. And the honorable senator from Michigan
Mr CAssl will bear out by bis recollection that
stated yesterday what repeat now, that did
to charge anything upon the policy OF that honorable
aior when he was member OF the executive department
of the government, TO his intention in carrying out
any policy which might not, under the circumstances,
what considered might be the controlling influence
with the executive department at that time-the neces-
sity under which they considered themselves and the
country TO be TO have these Indians removed at all haz-
ards and by every OF policy which it was IN their
power 10 adopt did not wish then, and do not now
DESIRE rake up all these ancient charges against the
policy OF the administration OF 1894, 3o 49, and 81,