The daily union., 1852-08-17

Mr.. WALKER AS this is a claim growing out OF /
mailer IN which was personal actor, l. is perhaps
OF the case. do not rise for the purpose OF giving any
opinion as 10 the justice OF paying this item, But some
TWO years ago, think, when the Indian appropriation
bill was under consideration offered al the end OF the
bill The following proyso which shall offer also lo
this bill
paid directly indian Indians en,tled thereto and
not 10 any agent or attofney whatsoever"
| We had stipulated with the Indians to pay them the
money, but had neglected 10 do so until il became a
matter of complaint upon the part of the Indians They
had employed agents TO prosecute and obtain for them
selves the claims justly due the Indians. knew moth
ing about this individual case at the time. II never
any claim upon the Indians. But felt that the gov.
eminent had stipulated 10 pay The money to these Indians
we should not take from il so large sums as did know
was done. | therefore offered that amendment, as
considered due 10 the Indians II deemed just and
proper by the Senate, and they adopted it, II was an
pay this money to the Indians, to whom had sipu-
lated TO pay IT, and not TO our people for procuring il
from themselves and the balance OF The people OF the
amendment; believe il well founded upon honesty
and justice, and shall offer again 10 the present appro
pration bill. We have certainly bad developments
enough TO put us upon our guard in relation TO the
manner in which make appropriations TO the Indians,
II is for the Senate to determine whether moi,
having placed safeguard upon these appropriations, and
persons having lost their fees in consequence OF il,
will turn round and pay it over again 10 the gentleman
prosecuting the claim.
tened TO my friend from Pennsylvania, Mr. COOPER,
what foundation there is for this claim II understand
il arigh it is this there certain claims due TO the
Indians and Congress passed an act Tor their payment,
and in that they provided that the money should be
paid into the hands of the Indians who entitled 10
Now, these individuals here and say that, having
made certain contracts with the Indians by this provs
ion OF the BILL they cannot enforce them at the treasury
of the United States, and the Indians will not pay them,
solves ITSELF into hs-f we adopt this amendment. if
the United States owe certain amount oil money TO the
Indians they cannot pay il 10 them without encumberng
themselves with the whole amount Of debts which the
Indians ought to have paid We certainly have the right
of paying the money 10 the persons to whom we owe it,
if we please II we cannot, then we should think Of
the saying OF old Mulloy: Let him lick himself whole
MIR. aTCHIsoN Were these Indians capable of ma
king contract with an agent or attorney or lawyer il
please suppose that the Cherokees through their
council had the power and the right to employ agent
for the prosecution OF their business here Very WE'LL
These agents or attorneys were employed for that very
purpose. and obtained this very money for them When
the appropriation made, then. Tor the purpose the
avowed purpose, of preventing these Indians from pay
ing their agents and attorneys, this clause requiring the
money be distributed among the Indians per cdptl was
introduced and thereby placing 1t out OF the power OF the
chiefs or the public council OF the nation from discharg
ing their debts. This is the whole case 1t was an act
OF this government, and il was avowed at the time the
amendment was made by the senator from Wisconsin,
Mr. WAlkER' that i was Tor The purpose oi prevent
| Mr. WALKER. ihe senator is mistaken. # was not
prevent the Indians from paying their debts, but 10 OBJ
having spu lated TO pay the money TO the Indians them
selves, and then paying il afterwards 10 others.
Mr. ATCHlSON. II bad virtually that effect, if it was
moi intended TO have Tor Il the money had been paid
TO the chiefs to the public councis OF the nations
gross then the money could have been obtained Tor
these debts Whether il the purpose not, il had
The eject of preventing 900 or 5000 OF these Indians
from paying their debts This is the state OF the case
is precisely so, and no other phase can be given to IT,
for the Senate 10 determine whether there is a-
by upon the part of this government to repay refund
this amount or not -
] [Mr. ATcHIsoEl is mistaken upon one point. The
amendment spoken Of or the proylso, which was offered
| by the senator from Wisconsin Mr.. WALKER to the
Indian appropriation bill, and which was adopted, did
not require in terms that the money should be paid 10
the Indians per capita II provided simply thai II should
be paid according to the terms oil the treaty OF lS46
Now, those who favored that proviso held at the time
and hold that such poviso was not and could not
be necessary TO require the departments OF this govern
ment 10 pay the Indians per eapua because the solemn
obligations OF the treaty required that they should do So
But when discovered that these terms were not
com piled with, it deemed by those who considered
tina, these terms were binding upon the government IN
doing justice 10 the Indians that we should, by express
provision in the appropriation BILL make this binding
upon the officers ot the government 10 conform 10 the
terms of the treaty That the stale OF the case II
introduced matter; II always was So because the
treaty required il, and IL was only making new supu
laton to enforce what we had already agreed TO do
and which had not been done TO the great injury and
prejudice OF the Indians.
But what shall say now has nothing TO do with the
contract between these gentlemen and the Indians Their
it, however But that has nothing TO do with the pro-
priey OF this Appropriation The question is, whether
shall undertake to pay money Tor the Indians to lndi
viduals with whom they contracted what IS admitted 10
be debtl Is that the obligation OF this government
think not can no foundation m lusuce Tor IT. The
honorable gentleman from Missouri lMr. ATcHsoNl has
very properly said that these Indians capable of con-
tracing debt. Very well: when you admit thai you
also admit that they competent, when they
have The money in their own hands, TO pay IT, But il Il
not incumbent upon the government to pay IL out OF the
Indians money--out OF money properly belonging to the
Indians that would be equivalent 10 saying that we agree
10 pay the Indians much money annually and then GO
there and hunt up their debts and them That Is pre-
cisey The proposition. Again: without questioning the Jus
ce and fairness OF this between these gentlemen
aad these Indians will say this 10 the Senae-that H.
think the gentleman from Missouri is mistaken again
from getting this money and paying it 10 their agents o
atlorneys The Indians did hold council, and appolntet
a commission 10 set upon and adjudica,e these claims
the attorneys and they paid some OF Them and refused
pay Others and this one OF the claims That they re
rced and positively refused to pay They paid one clam
they paid several claims among them The clam OF Mr
Stambaugh, OF Pennsylvania. These gentlemen wen
before the lndians-beIore the commission appointed
for the purpose they positively refused 10 pay A. de
ned that there was any obligation upon them 10 do so.
| Mr. ATCHISON. | was not aware of this fact at all
may be So and DO not doubt II Il the senator saie
it from his knowledge. These things have, how
ever, transpired believe, since the last session oil Con
gress, and know nothing about them.
Mr.. BORLAND. state this upon my own knowledge
happened TO be in that portion OF the country where
these things took place, and these told II TO me IN
tone of complaint, that by my vote had put II out
- .l.,w, l., a. Fr,pa he InIta