The daily union. [volume] (Washington [D.C.]) 1845-1857, 1852-06-27


In answer have the honor state, that this land was
with be Great aud Liie osages subsequently by
treaty concluded with the Indians the I'd June,
1922 by which the Indian tile TO the lands between The
Arkansas and Kansas rivers. Of The bounda-
ries OF Missouri and Arkansas was exngnshed Prior 10
regulating the trade and with Indian tribes.
Long prior TO this aforementioned cesson the
the public lands by granting pre-ein pion rights
who should settle on and improve them.
Instructions, part page 2ii) was considered applicable
70 he whole OF The lands IN the then Territories Of Arkansas
and Missouri, but afterwards was held to apply only 10
lands therein to which the Indan title had been extn.
guishcd
The former viii appear by reference
OF 26lh May 1924, (same volume page S50) by which
prescription right 70 quarter section OF land was granted
to every person tho entitled, under the of 1884, TO
right OF 70 any land IN that pan OF Arkansas
and ceded 70 the Cherokees by the treaty Of s7 and which
Is part oil the county under consideration. il was
held, however by the Attorney General that piion
could attach any land occupied by Indians the
passage oi the law granting prescriptions.
The whole oi this country, however, thrown open
by the pronasaou % @ Of s ea yU' Of sa5 I osssad and
although not subject TO the operations OF the net Of lSil IN
at the passage Of that law, he lands
of the oaages, those lands would have been sub.
had no. previously been granted to he Chepkees.
With great respect, your obedlent servant
Commissioner.
Hon SoLoS BoRLASp, United States Senate.
Mr. BAYARD | would like to ask the senator from
Kentucky question in regard to this matter for my
judgment Will be determined by It, II appears by the
statement OF the peoners that other white persons
were excluded from This tract of land known as the
Lovely Purchase"hat was, up to 1925. lfthat were
these parties mast have gone there in violation OF the
laws of the United States. know that they
thorized by Major Bradford make settlement the
land, from which other white persons were excluded.
Mr.. BORLAND In answer TO the senator from Della
ware, will state that up TO 1896 il was the policy under
the laws regulating trade and intercourse with Indian
tribes, to exclude persons from that country but there
in n4igf6 aa | haVq md arts akpu IN md a9
think the papers in this show, the merit OF this
cIain-hat il was not done merely by permission, but
the public interests which were intrusted to the com
mandng officer there seemed to him to require the per-
mission OF these persons and their encouragement 10 go
there and make settlement He had auhority-to ex-
cude permit them to go. and he did exclude other per-
sons bui he admitted these and encouraged them 60,
because they were making an establishment OF great
public utility. In 1926 the country was as the Commis
soner of the General Land Office says, thrown open to
white persons generally, and vast number went IN
Mr.. BAYARD understand the state OF the facts to
be this according to the allegation OF these pa,iies,
Major Bradford, officer IN the service OF the United
States encouraged them make settlements at this salt
lake, which they discovered in 1877, and assured them
OF the protection and of security by the government
these works established. As far regards the
laws OF the United States, they were illegally es,ab-
hshed | am not aware that this commanding officer
had authority 10 grant permission 10 these persons 10
establish these works there, though might be that he
did not choose 10 exercise his power and have them
moved. But the difficulty with me in this branch OF
in 1926, and white settlers had come in upon them,
them for public considerations in May 1928 Congress
ceded these lands 10 the Cherokees, compelled The white
settlers 10 remove and passed an act IN 1928 making
compensation to those Who removed. after they
had been permitted 10 enter upon and settle those lands
Now, Major Bradford nlive that time; yet from
1928 to 1850 these parties sleep upon this clam-they
make no demand Tor their rights upon the United States
government Their allegation, and The sole foundation
upon which they can rest their clam here, is IN my
judgment, that II upon the solicitation OF this ohcer,
and the promised protection OF the government in conse
quence OF the benefit 10 be derived from the manufacture
OF salt al that place, that they went 70 locate them
selves there. But there is defect Ia The testimony in
this respect The salemen, Of Mr.. Arbuckle is that Ma
Ior Bradford permitted Them 10 remain there. Now, these
parties might have presented and If they had lad the
assurance OF the protection OF Major Bradford, would
have presented their claim al that time But they did not
DO They have not accounted 10 you in any way Tor
the fact that from The year lS2S 10 the year 1880 they
slept upon their rights, and that now when those who
were most cognzan OF The justice Of their claim are in
their graves they come forward and ask for relief |
cannot vote for this bill without further testimony upon
that point.
Mr.. SEBASTIAN. This bill, a. | understand il, was
ordered to be engossed and the question now upon
econsiderng thai order Before the is taken upon
that motion, wish TO say that an unwilling that the
Senate should come 10 a judgment without my add
ing my testimony for whatever il may be worth in
favor OF the general principle involved 10 this bill. As
to the amount OF the compensation which the Beans
claim. am unable, from the want of that information OF
which my colleague Mr. BeRLaNpl possessed, TO state
what they ought to receive from the United States gov.
ernment But very short fecapltplaiion oil The facts
will show that they are entitled 10 some smount-how
much that is must depend upon the proof OF which,
have before said, not sufficiently advised to state
II particularly 10 the Senale.
But in 1918 the Beans undertook what | know to be
OF the most extraordinary enterprises OF that day
which required unusual amount of perseverance,
energy labor and expense From the place where these
kettles were constructed, upon the Cumberland river, IN
the State OF Tennessee, TO the place where they
hnally located was almost unbroken wilderness OF
nearly seven hundred miles in extent They had TO be
carried down the sinuous courses OF the Cumberland,
Ohio, and Mississippi MYERS, and hundreds OF
miles up the Arkansas II amos, an foken
wilderness, with few exceptions OF scattered settle
menls upon the Arkansas fiver-ii almost unset,
lied wilderness, from the place where these kettles
made TO the pace where they hnslly located. By
the law j, then existed they OF necessity have sd
permission from The United States officer from the
Indian agents OF the country before they coudnness
IN violation of the law--bave made this establish
meni 10 the county. believe 1t is not alverted 10 IN lie
report but learn from official that the consent
oi Major Bradford, who IN command al Fou Smith
obtained 10 this enterprise. account OF the dim
Guilty under which the Indians suffered from the want OF
salt manufactured at some convenient distance. Well
sir, months passed by before they able 10 ge, all
There men here who know what ], is 10 hog the
hanks OF the ver 10 AVOID the and sand bars with
keel boat Tor the distance Of hundred miles Tor
period OF several months. And il must be remembered
that after they had proceeded TO within two hundred
miles of the place TO which they destined they had
absolutely take these articles os, their boat 10 the
shore. and then carry them, by OF such convey
ances as the country afforded, TO the place where they
were finally 10 commence this enterprise
The senator IRON Kentucky lMr. UsprRwooDl has
advered TO kind OF calculation by which he would
hav, us infer according hs arithmetic that these