The daily union. [volume] (Washington [D.C.]) 1845-1857, 1852-05-29
CONGRESSIONAL.
DEFERRED DEBATE.
TUESDAY, MAY rs, 1852.

sAn act supply deficiencies in the appropriations fof
the service OF the fiscal year ending the 3olh OF June,
1852"
POINT OF ORDER
The PRESIDING OFFICER (Mr. MAsouM in the
chair stated the when the house adjourned on yesier
day the senator from Pennsylvania T BRoDnEADl had
offered amendment n relation TO paying the aboers
kept here unemployed during the winter. The senator
from Virginia (Mr HUNTyRl bad raised point of order
asto lis being admissible under the rule. and the Chair
decided that The amendment was not in order
Mr.. BRODHEAD. | am very sorry that the Chair
has proper 10 make that decision do feel dis
posed argue the question with The Chair and, indeed
It The s pREsIDTNG OFFICER. il would Be in n order
10 argue The question UPON an appeal from the dcision
Mr.. Mr. BRODHEAD. lido moi take an appeal.
REPAIRS or THE CAPITOL.
Mr. HUNTER wish TO offer an amendment which
merely allows the transfer Of existing appropriation
When the fire occurred. the early part OF this session. in
that portion OF the Capitol occupied by the library of
Congress, certain were appropriated 10 repair the
damages occasoned by that fire. Ii has been since found
that more then appropriated for that purpose than
was necessary Since that time there has been fire in
The occupied by the Supreme Court and this
amendment is for The purpose OF authorizing the transfer
oil the oyerpus Of that appropriation 10 repair the dam
ages ia those apartments. The amendment is as fol-
lows: N5
" "And be ID further enacted That the Commissioner OF
Public Buildings be, and IS hereby authorized apply
any unexpended portion Of the money appropriated by
meet expenses Incurred in o ne late lire
IN the Capitol approved January ~, 1852, the pay
damages occasloned by the fire in the Office lhe Judge Of
Capitol"
The, question being then taken. the amendment was
agreed TO.
CREEK INDIANS.
Mr.. SEBASTIAN. I will now offer the amendment,
which sent TO the Chair yesterday, and which the
Senate ordered TO be printed see that the amendment
has not been yet lad upon the tables OF SENATOR'S and
therefore will read II Tor the information OF the Senate
''For quda,od balance found due to the Creek indians
for osses sustained during tho last war with Great Bu,n
by that portion OF The tribe which friendly and OPP
Grated with the United States, In accpdance with
promise Of the aud in pursuance report Of
the Commissioner OF Indian Affairs made The Connittee
Indian Affairs OF the Senate dated May, 1850 the Of
Sil0,4t7 90"
This amendment forms part OF the regular estimates
Of the Indian Department for the expenses OF that
department for this year. Il is asked to be placed upon
the deficiency BILL because il is an obga-
ton OF the government for the mentioned in toe
amendment. which IS now due and unpaid. The appro
pirate place Tor IT. therefore, is in the deficiency BILL and
nowhere else.
Mr.. HUNTER Ii the senator will allow me, | sup
pose would be well 10 raise the question OF order
Mr. SEBASTIAN. II the chairman Of the Committee
on Finance Mr. HuSrERl wishes 10 the question
oi oIder would prefer 10 have i raised now, and lei
the discussion OF that matter be finished before the dis
cusson o. The merits Of The amendment entered upon
Mr.; HUNTER Then would suggest that this is out
Of Tns T,aeI sPYeSIs 70 ne 70 Be private claim
chair The precise facts are not sufficiently known 10
order. =
Mr.. SEBASTIAN with ,be permission Of The sena.
tor from Virginia, Mr.. HUNTER will state the nature
OF lhe case as briefly possible 10 give the Chair
lhe necessary information so 10 enable him to decide
10 The rs place, this part OF the regular estimates of
the Indian Department coming through lis organ the Sec
reiay OF the Interior Ii is estimated by The department,
asa part o the regular expenditures OF tie government
Tor the present year Ii reported upon by the Committee
on Indian Affairs under the belief ha, il is not private
claim for IL is rule OF that committee not TO offer upon
abl OF this kind any claim recognised as private The
claim under the treaty. or rather terms of eaoiiua
lion OF 1914, entered into between The United States gov
eminent and the hostile and friendly Creeks it is based
upon The terms OF indemnity promised to the friendly In
dams Tor losses sustained by them al the hands of the
hostile Creeks. The number of claimants amount to
some 700 or 900; being entire part OF the tribe,
class OF Indians denominaed "tbe friendly Creeks" du-
ring that war Their losses were ascsrianed by an agent
Of the United Saies and forty cents upon the dollar were
pad 10 Them They ask iha, the balance, the sum
named in the amendment, be paid 10 them. think the
very point beten contToyerled must have been ruled up
on The question of order raised upon the amendment
uoduced By the senator from Tennessee MR. BgLL1 The
other day, which amendment believe was ruled 10 be
P RRsSG offcEp lei The s ri opooo
That this not the OF private claim indicated by the
Iuls. hhas been the custom heretofore, upon many oc
csons instead Of passing separate bills TO pay certain
maissuais certain amounts 10 place them upon apITo-
piaon bills The Chair imagncs that the true nten-
uon OF ibe rule is prevent the attaching OF private
CLAIMS OF that description 20 appropriation bills. This
seems TO the Chair not TO be claim OF that character,
ana Therefore he decides that il is in order
MIR HUNTER. II that is the opinion OF the Chair, :
VIII acquesce in il
MI SEBASTIAN. ! will now state Just as briefly as
possible, and in the smallest possbe compass, the promi
hen facts and points Of this case, and shall 90 into
more enlarged discussion of this natter only that
nnd that my remarks provoke discussion and render il
necessary. As said when last up this s, hs stated in
ne amendment, iquidaicd balance already found due
an accredited and authorized agent OF The
ound 10 be due TO The friendly Creek ladans for losses
sustained by reason oil hosttes with the other portion
o. 'he tribe during the OF 1879 and 1914 II was
vased upon letter Issued in pursuance OF instructions
tom The War Department to General Pinckney, who
hen a the head OF forces aud represented the civil
among The Creek Indians II at the close Of the war;
Ma tine when several disastrous battles had broken
Gown the power OF the Greeks and caused them snleny
% sue Tor peace--at that time General Pnckney sent 10
me Indians letter stating the terms of capituaton upon
which peace would be granted He the agent Of The
war Department and acting for that department, he
stated:
Thcy will retain so uch OF the conquered territory as
WIN appear to the government OF the United States 10 bo
lndemny Tor tho expenses OF the war; and as restn-
or injury sustained by its citizens and the friendly
is upon this clause OF The letter that the whole of
ms claim for indemnify is based In pursuance Of the
ems OF capulaiion here laid down. the cspuation
made nj Fort jackson, in August, is14 But the
Woposed by Gen. Pinckney declined TO be reeog
used IN the treaty. by Gen. jackson, upon the sole
sound that the power Of that officer did not embrace the
SUBJECT Of indemnIiies for losses sustained by these
nehdy Creeks. This occasioned some delay and diff
a.y 70 completing the capitulaon and treaty. and
suited IN an arrangement with the friendly Indians, that
Ivy would sign The capitulaon condition that Gen.