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

dians and the while settlements, rather in order TO
prevent those difficulties ending in war, the government
long ago adopted the policy. that if there were rrupons
OF Indians into the white settlements, and property was
taken,h the white settler would not pursue the Indians
but would wait the operation OF the government, the
government would guaranty the final payment OF what
was due. The government did not do II because il
was Obliged to do So but as matter OF policy arising
out OF our peculiar relations with the Indians, and their
peculiar character In the first instance the guarantee
only extended to payment from such annuities
due the Indians The United States Were 10 reserve the
amount to be paid from the annuites But subsequently,
IN 1854 that was changed and the United States guaran
ued ihe payment without any reference TO whether the
lloe haa an annuity or NOT or whether II had annuity
enough to meet the payment required know this, be-
cause was in daily communication with the committee
who prepared the bill of 1884, and familiar at the
tune with Its provisions and their effect That was the
policy of the government; and il very just and
very proper policy II was, that if the settler would
main still the would put him in the position
IN which he was before his property had been taken.
The line within which this act confined was de-
hned by The law II began at the northeast, and went
round all over the country, according to the old law
But The new law. which was passed in 1884. excluded
me country east oil the Mississippi from lis provisions
What then, is meant by the spirit of that law being ap-
piled to this case' Congress did choose extend its
policy to the Sates east of the Mississippi That is all
that can be said about the matter. There spirit
OF the law in regard TO this case, and for very obvious
reasons there were the Indians in The very midst oil the
white settlers, and the State authorities were extending
their power them, The State authorities had taken
possession of the country So far was possible, they
had extended their jurisdiction over the Indians and
made them responsible TO the courts OF Alabama Then
how could you extend the Indian intercourse law there
The State OF Alabama took the subject into her own
hands. She took it from the United States. She ex-
Tended her jurisdiction over the whole Indian country
there. Then you had not the rght-it was no part
OF your auyH undertake h to extend the principles
should not be extended II must be recoliected that
this is not a question of right; this is question of
policy as to how far it is polite and necessary for
the United States TO extend their guaran,ee-to what
shall extend The intercourse law provided that
the guarantee should extend only to such and such
in such and such places. Alabama not within these
places Who, then, has right TO say that the spirit of
the law includes this case 1t is question Of the plain
words OF the law 1t question for the Congress who
made it. II they chose to extend the law there, they
would have said Nothing would have been
necessary But TO say that the spirit Of the law includes
this case and that therefore the appropriation should be
made to put it ground which Congress have denied
There can be no question 10 the spirit OF the law.
This is simply question to The extent of the law.
Again, i Is question the difficulties Of which are
says that we have no right TO go into that State and
which held out very distinctly the threat during all these
proceedings that if did go into the State OF Alabama
we would be met by the armed forces of III II State No
man knows better than the honorable President OF this
body lie was then representative OF Alabama on this
floor, and well recoects the feeling which existed in the
Sae at that time. This was the ground which was la
ken, and Gov Gayle wrote that extraordinary letter,
which have alluded, TO the War Department
\ have not looked particularly at this claim Allow
me, however, to say to the honorable gentleman from
Tennessee that this claim, far respects the cerh
and decision of the does not rest on
any guarantee Of the government at ALL The appropria
ton formerly passed by Congress expressly provided that
the asceranment OF these expenses by the commission
ers should not be considered any pledge the part
OF the United States to pay the amount There the
express exclusion OF such conclusion Ii is very evil
den, that Congress was willing TO look into the matter
and what should be doneto investigate the causes
oi disturbance and ascertain what proper 10 be al
lowed, If anything but that, in the time, the faith
oil the government should not be 10 the least degree
med Therefore, you not at all TO draw the con-
cuson that because these damages estimated under
The direction OF the government The is there.
lore under the slightest obligation Of moral faith 10 carry
them into effect
The second section of the act of March .. 1897, au-
thorzed the appointment OF agents 10 inquire into what
depTedauons were committed. The information OBJ
tanned, and was reported TO Congress. The
ported as proper 10 be allowed nearly 1886 000 of
which only S27Oo00 was for depedatioRs prior 10 the
commencement OF hoslities Three hundred and forty
nine thousand dollars for damages during the hos
tlles. The whole amount claimed for the whole period
quenal damages. For my own part, have not look ed
very critically into the nature of this claim Whether
there not equitable circumstances which require il
be paid cannot say for have not seen sufficient proof
Judge OF that Bat certainly the grounds stated by the
honorable senator from Tennessee and repeated by the
honorable senator from Georgia, whether there
state Of war or war, do not furnish, in my opinion.
any reason for the payment OF these claims. repeat
again, sir that II there was war, IT is principle that
sane man can adopts and II peace prevailed, and there
was war; no question connected with the intercourse
law apply, especially in the State OF Alabama, which
had taken the jurisdiction OF the whole subject into her
own hands with the intent to prevent the United States
MIR. President, shall not further fatigue the Senate
yet owed il TO myself TO say thus much But the sub
ect upon very hastily. know there are facts
connected with II that might be easily collected which
would give the case much stronger aspect. | in
hopes at time that the Senate might postpone the
matter until Monday, with the view OF giving oppor-
tunity 10 look fully into the facts but that has
not been done found necessary state the facts that
were known well as | could Under the circum.
stances shall say more at present but If the honora-
BILE senator from Tennessee should make any remarks
the subject which may render II necessary for me to
ply, trust that the Senate will give the privilege OF
speaking again on the subject
Mr.. CLEMENS. Mr.. President can have no obiec-
ton to any explanation which the honorable senator
from Michigan may have thought Unnecessary make OF
the acts o the War Department when he at its head
although he will allow to say that he has sometimes
given his enemies advantages OF him by unnecessary
explanations of by gone things which had much better
been left to take OF themselves however he had
confined himself to explanation OF the motives which
acuated The War Departmental he had attempted sim
ply 10 justify the action of that department and had
left false impression upon the minds OF the Senate
would not have felt II necessary TO say anything in
relation to this matter He has recaptulaed the frauds
which have been pracsed upon the Indians the causes
ha, led to the hosties and has left the impression here
that these frauds practised by settlers who
Mt CASS did not intend to convey any such i'm
pre- ssion
Mr. CLEMENS. There is no senator who heard him,
think, who did not get that impression
|. MIR CASS The senator will pardon me | did moi
speak OF the frauds committed upon The Indians by these
persons-not al all. spoke OF the condition OF things
and the frauds that were committed upon them-not to
the subsequent conduct OF these individuals My object
to defend the course OF the administration from wat
fha k.I cha