The daily union., 1852-08-13

10 be 10 existence in behalf OF persons who from una,
yoidable circumstances. omitted in the payroll
which constructed under the authority OF the Com
missioner Of Indian Affairs learned the names of q
number-some from representative from The Stale oi
Georgia IN the other House, some from representative
IRON the northern pooa OF Alabama, and others IRON
the statement OF the pay agent who went among these
indians, and who himself satisfied from applications
made TO BIN, that there genuine bona tide CheIo-
KEGS, clearly entitled who were not embraced upon his
ROLL but whom he would have paid but for the fact that
Their names omitted.
would state further for the information OF the sena
tor iron Tennessee. that there is, think one means oi
Identifying every genuine Indian title under the treaty OF
1885 and that is. the made out by the terms oil
that treaty, upon which all who were genuine Chero-
kees were required to be enrolled for the very purpose
OF receiving the benefit Of it, and avoiding any difficulty
about the title of the persons who 10 receive this
pay under the provisions OF the treaty. That roll which
sgeLeray called by the indians the roll OF 1885, is now
on fh in the archives OF the Indian department
II nay be true--and have to believe that such
is ths actthat some OF the western Cherokees have
mignted to North Carolina again These. however.
have been paid. and the names OF those that have been
paid are embraced upon the payros Of the agents who
distributed The money in 1846 | am perfectly willing.
however that any additional amendment 10 confne this
tended 10 be applied should be adopted, and will receive
favor any suggestions in regard any proper amend
ment 10 be incorporated in the one have offered.
An amendment has just been sent 10 me by a friend,
which, SO far as it goes, meets my approbalon and |
will offer il as part OF my original amendment
"Provided, That no individual shall receive any pay.
received
was entitled TO under the said treaties"
Mr. HUNTER. Mr. President there Is one argument
urged by the senator from Arkansas Mr.. SEBAsTIAN in
relation to this claim which has weight with me. He
says we know these claims immortal, and that they
will ultimately pass and therefore he thinks had bet
ter pay them at think sir, that experience has
slown that there is very much in that Arguments Tor
know Of none OF these claims that do not ultimately
pass, and think il is wasting time TO resist them We
have full treasury and II seems to be determined to ex
pend what is in it.
Now, sir. did hope that the Cherokee matter was
closed when the last appropriation was made, and final
satisfaction made OF these claims But we re0pening
il now to persons, and it will not be long before
shall reopen il TO claims, for the purpose OF allowing
any other claims than those originally designed to be pro-
vided for These some of the fruits OF practice
which think continues in relation to these Cherokees
practice OF going behind the treaties themselves for the
purpose OF asceanng what were the parole declarations
at the time the treaty was executed, and attempting to
execute not what the treaty provided but what may be
proved by the declarations OF interested persons and the
agents tbemse 10 have been the understanding which
set up relation TO them have doubt that the
adoption OF this amendment will in the end serve to re-
open that practice still further. have but little doubt
that what the senator says is true-that the claim will
ultimately pass, and do not know that we gain anything
Mr. WALKER. If were called upon for my opinion.
Virginia. (Mr. HUsrER,l The chairman Of the Committee
on Finance, Is one OF the most amabe, mperturbabe
men have ever seen in my life. he speaks OF this
amendment IN terms as we had never had any obec-
ndv viduals settlements seem to mean something We
called upon for large amount on former occa-
sion in favor OF these Indians An extended discussion
took place. and at last concluded that could 20
through the whole batch-swalow it all-but that we
might deem ourselves finally rid and clear of it, that
we would put in hnal- settlement clause which was to
the part OF these Indians against the government
But sir brief session OF Congress passes and far
from this being settlement up come individuals and
present their claims here and ask that shall reopen
this final settlement and 90 into investigation in order
ascertain who has any claims and when ascertained
pay them. IL is very extraordinary but nevertheless that
The fact TO limited exten-o The extent that IL is
limited in the amendment But the senator from Virginia
Mr.. HUsTrR is certainly right when he sckno lodges
in candor that these claims immortal and will day
or other be paid, and therefore that we might well
surrender first as last-that we might perhaps we'll
pay the money and If possible get another final receipt
Now, sir, am disposed to stand little upon what we
have done and 10 rely upon the receipt have heretofore
taken, and would say 10 the Comm OF Indian AT
fairs "We will not deviate from the receipt have for
mery given; we will not appropriate any more money"
II senators will do that il 10 that will hear
nothing more from the senator from Arkansas (Mr
SEBAsrAs in regard 10 the Cherokee Indians; for be
has certainly probed us 10 extent that s hardly endu
by the senator from Virginia. He seems TO stand il
patiently; but wish him TO stand up hrmly until be is
compelled to yield and not surrender now because the
claim is bound ultimately 10 pass.
Mr.. HUNTER. The senator has misunderstood me
very much IL he supposes ! shall vote for this amend
men,; and II he wishes TO resist these amendments he
had better give me little assistance.
MI. CHARLTON, desire 10 say only word upon
this amendment do not know anything in reference 10
The original consideration, but do know this-tha, |
have received communications from Georgia which |
know to be reliable, from persons who that this
whole difficulty IN consequence OF want OF proper
advertisement TO the individuals who entitled 10 the
pay These advertisements were not made IN the public
papers al ALL but they made at the roads and
in divers other places, and persons who entitled TO
the pay knew nothing about them al all. Surely they
should not be prohibited by any terms of the treaty
reference to hnay, from receiving what s Justly due
them, and what ACKNOWLEDGED by the government 10
be due The difficulty arises exclusively from the fact
that these persons have never been apprzed that they
entitled to this money. am in instance Il
the justice IN refusing to pay Them hope my friend
from Virginia MIR. HUNTER will continue to have the
amiabe disposition which the senator from Wisconsin
Mr.. WALKER has attributed 10 him, and that he will
not resist this claim any further II is small amouot
but of large consequence 10 those interested There is
nothing said against the justice OF at all but the whole
difficulty lies in the fact that the parties have not been
properly forewarned to the time and place al which
they to come forward and make themselves known
Mr. CASS. | do not see why the principle involved
in this carried ou, would no, apply TO the payment
10 the Indians OF all annutes that you are required 10
pay per capita, where the Indians have failed TO obtain
their share from the agents appointed TO distribute the
money. They might come forward and say, 1--WE were
not advertised OF that annuity we failed 70 get u, and
therefore we want 10 receive II now" | cannot see
why the principle would not apply 10 The payment
OF every Indian who will alege that there was mis-
ake and that he did not receive tbs proper snnuy be-
cause he not advertised or Tor some reason or other
to ,ha, the whole of the facts in this are en-
hrely too loose for legislation.
And as 10 another provision that this shall be hna
what good will that do What good will II do 10 say