The daily union., 1852-08-10


ton OF his warriors Id some Of Campaigns Florida
and would have objection 10 do anything proper for
bun. aud 10 give hm any compensation ne deserves lie
thai they did all settle together IN the country about
Cape Geredeau but becoming dissatisfied portion OF
them left and established themselves 10 ONO. There IS
no historical evidence OF Otherwise gong 10 show that
this tribe until this time, associated IN aay manner
with the Scbawnees OF Ohio, who were separate and
distinct trbe dwelling upon lands OF their own in dis
ant region" Now. this is very broad statement. going
back the very origin of the tribe Now. the honorable
senator from Michigan MIR. CAssl does not deay that
originally they all belonged 10 the same tbe when they
first settled IN Ohio The supposes that the Missouri
Shawnees separated from their Tribe IN ONO at The time
that they stated they dd.
The Secretary goes in his opinion TO say that some
OF the stpulaons OF the treaty OF 1898 was, that The land
IN question should be conveyed by patent IN iee-simple
TO ihe Missouri Shawnees" Now, there is no such
thing the treaty-no such stipulation IN the treaty at
all Bat you easily see how The Secretary mised
himself when he assumed such erroneous premises for
IL impossible but that he must come 10 erroneous
conclusion when he assumed premises so utterly with
out foundation. He goes ON TO say, sand patent was
issued them in consideration OF the treaty, conveying
fifty mites square to the Shawnees OF Missouri, Tor them
sevesand those OF The same nation residing IN Ohio,
which rpht La reference 10 the OHIO Shawneesl was
as VIII appear hereafter only right OF occupahcy-no
consideration passing from them, They al that
lime living in the State OF Ohio upon lands owned by
them, ana IN their own exclusive rights" Now, what
does he mean by that He assumes that il was only a
right OF occupancy that was given TO these OHIO Shaw
nees. What other right was given the Shawnees OF
Missouri by the treaty OF 1925 Why, sir, nothing
more-a mere right Of occupancy upon the usual terms
las long they resided there band or nations and
they only sell to the United States" And there s
another ieheson-"lhey were at that time living
in the State OF ONO upon lands owned by them and an
their own exclusive right" Does thai mean any fee
simple, according TO the common meaning OF that
term presume it does not The Ohio Shawnees held
these lands in their ownrlght to be sure, but wasin the
same manner that the Missouri Shawnees held lher
lands Their tenure thls--hey entitled to oc-
cupy and enjoy the fruits OF II long they resided
there and continued 10 be band or nation OF Indians
or until they sold il 10 the United States
He then goes to say that on the 2l OF August 1881,
the United States made treaty with the Shawnees OF Ohio
by which they agreed TO grant to this tribe, by patent
simple TO them and their heirs forever, as long MS
they shall exist nation and remain upon the same,
tract OF land containing 100000 acres, within TIE tract OF
land OF fifty miles square before granted TO the Missouri
Shawnees" suppose the Secretary OF the Interior must
have supposed that patent of eeslnple 10 them and
their heirs forever" gave different title than the
which was given to The Missouri Shawnees TO their
land But there pretext for that for he himself re-
peals the limitation, las long they shall exist as
nation and remain upon the same" There Is not The
slightest difference in their rights whether they pretend
10 hold under such patent as this or under the general
policy of the government of the United States, occupying
as long they continued to reside there one nation
and enjoying The usuructs of the lands and the adyan-
iases above mentioned. This patent says the Secretary,
TO be given 10 these Ohio Shawnees or and IN con-
sideraton oil all the lands owned and claimed by them
in the State OF Ohio" But have exposed the error OF
that.
Let us 90 on little further will not read the whole
oi this argument, but only much OF 1t as think
necessary examine After speaking OF the seventy
cents per that reserved by the government out
of the proceeds of the sales OF this land III ONO, The
Secretary goes to say: " the Shawnees of Ohio
claim that this amount seventy cents per acel son be
returned 10 hen invested tor their or else that
the United States shall fulfil Its solemn stp uaton, and
convey 10 them in fee simple 100000 acres of land
within the fifty miles square already granted TO the Shaw
of Missouri" The latter, it is clear, cannot be
done, for the United States have already issued patent
for The other land, and thereby parted with its title This
seventy cents per required by the Indians in con
sideraon of their lands in The State of Ohio. Now,
is singular that such premises could be assumed by
examining officer of his distinction, talents and fespon-
sbity, without what shall denomnatea degree OF care
essness that only be accounted or have before
bis attention must be called every day of his ofxssi
existence. ''The Shawnees oil ONO now CLAIM thai
this amount seventy cents per acre shall be Teunsd TO
them, invested for their use, else thai the United
States shall fulfil lis solemn stipulation, and convey TO
them, in fee simple, 100000 acres OF land within the
hy miles square already granted to the Shawnees OF
Missouri This latter, II is clear, cannot be done Tor
the Secretary in this argumen from which am now
reading, and upon which | am commenting, pFesumes
that the whole OF this fifty miles square has been patented
TO the Shawnees OF Missouri and therefore II follows
that you cannot make thus grant TO The Shawnees oil
OHIO. Yet when you come to look into this patent
gwen 10 The Missouri Shawnees TO which he refers you
will find that this very claim in favor OF the Saawnees
OF Ohio there reserved and the patent issued sub
ect TO that claim OF the Ohio Shawnees.
The argument is made the more absurd when you come
consider that the patent does give them any other
aud better Tue IMAM lney enjoyed unuef ucatyr
which stipulated that long they resided ON this land
nalion they should be permitted 10 hold II, aud no
longer, and that they should sell TO no other party than
the government OF the United States Not only the pat
ent ITSELF but The stipulation oil the treaty OF 1881, which
authorized It's ISSUE provides that the patent shall extend
no further than that Ii deison oil the Indians
if they supposed that they got any other ue under lha
patent than they had under the treaty Itself. Now, 10
noticing the argument OF the Secretary OF tue Interior, 10
which e says that patent cannot be granted now 10
Indians, upon the ground nat the Shswnees OF MIS-
have already patent 10 The land, can only say
OF the Ohio Shawnees is reserved, and the patent ls
granted tie Shawnees OF Missouri, subject to The clam
OF the Ohio Shawnees
.sT1e United States bsve not fulfilled their part OF the
compact" have already referred to this. Tney have
moi IN granted them, by patent Otherwise, the
100. 900 within The Limits OF thus hiy miles square
but they have granted them 100000 acres instead OF
the 100000, 10 he held by equally valid tle and their
brethren ot Missouri have received them part OF
tner nauon and tribe, and set up separate claim
10 this fifty miles square. Now, | heard ain argument
urged Wy gentleman the other day. whether in the Sen
ate out OF do not remem ber-perhaps ii in
discussion upon this snbIect IN the committee roomand
thai was that the Missouri Shawness could drive the
Ohio Shswnees out OF the possession OF this land,
they bad no property there, home there. Why, SIR
the treaty OF 1S2J gives Them home there They have
home there now IN consequences OF the execution by
the Sbawnees OF Missouri OF part OF that treaty when
they received them into their bosom and acknowledged
them TO DE part OF their own nation and people. And
besides, these Ohio Sbawnees being majority o the
nation, and majority ruling there, suppose, else
where in this country, they would be the masters If they
chose TO act upon any idea OF separate title. and in
stead OF being expelled themselves, they have the
cal power, presume, TO expe the Missouri Shawnees
ii they were TO resort force Ii is title for the
whole tribe, well for the OHIO Sbawnees for the
Missouri Shawnees. That is the way answer the