The daily union., 1852-08-12
Interior and stands now as part Of the estimates Of

Interior, and it stands part of the estimates of
the ladsn "a, department ne, ior the presen, year
The PRESIDENT. The Chair viii read the rule. and
The Senate decide whether proper to receive has
amendment
mo amendment proposing additional appropriations
be made 70 carry out the provisions Of existing law
some act or resolution previously passed by the Senate dn
ring thar session. moved by direction of standing
mlee OF the Senate, or IN pursuance OF an estimate by
some head OF department; and amendment shall be
received whose object provide Tor private claim al
hoaSh The same may have been previously sanctioned by
II for the Senate to decide whether this is private
claim not.
MIR; HUNTER. | believe that upon a previous occa-
sion during this very session the Senate did decide this To-
be private claim refer to its action upon The def
cheney bill Now, think il is very desirable that we
should give some construction to this rule and have il
permanent Ii seems 10 me that all should be
sldered private claims, except those that in accord
ance with the ruethat s. appropriations made in pur-
suance OF some existing law or treaty, appropria-
tons for the service of the year. general ap-
preparation bill should BE- devoted to these Objects viz:
10 carry exsng laws and treaties and provide for
current service you have 10 make allowances for nd-
vduals, commissioners agents, ministers. &c., for whom
there is no previous legislation But it to me
that 1t very desirable that all other matters should be
excluded from general appropriation bill. That is
necessary in many points OF view; is, that such
course will enable us to act understandngly upon
the subject OF appropriation bills, ii they confined
appropriations for existing laws and treaties and for the
current service OF the year. Another is that it
seems to be the farest mode of egsatng between the
two houses Why is it that gentlemen wish to get pr
vae bills upon the general appropriation bss 1t is in
order TO force those bills upon the consideration of the
other House They say is useless to pass them sepa
atey here now because they will not be considered by
the other House Now, 10 that il is not quite
fair 10 the other House TO append these private claims to
either to pass these claims reject the general appo
prlason bill altogether II is in some measure making
them legisate under duress in relation to this matter
but the great reason why II seems TO that this rule
ought to be construed, and why it should be particu
arly Observed is that will enable the close Of the
mischief when we pass them We shall then know what
we are acting upon But if private claims be in
coporaed in these bills shall have to depend entirely
upon those committees which have considered them to be
important in relation to other matters We have time
there would not be time between and the day fixed
for the adjournment to consider these appropriation bs
we once relax this rule and allow private claims to be
appended to them because then would have TO
slder them. Although would defer very much to the
judgment OF the honorable senator from Tennessee Mr.
BELL,l and have great respect for his opinion upon
these questions yet should be under the necessity Of
this one particularly do not know even If the Senate
should determine that it is in Order that it is not claim
which will lead to discussion: AT any rate. should like
to be informed in relation to it, and il would then be
duty to look into the merits OF this claim. And then
when shall we end this bill if upon it
claims do moi know when we shall end It Il Is now
one fortnight last Monday since this bill reported 10
the Senate and if open it TO claims of this sort,
III
Mr.. BELL. understand that there is actual est.
mate in the annual report OF the Department of the Inle
ro Tor this amount due for expedures under former
legislation to enable the government OF the United States
to remove the Choctaws from the State of Mississippi to
the west Of the Mississippi river, in conformity with the
general policy OF the government Our former appropr-
alions were deficient by this much in carrying out the
intentions OF the government wish the Senate 10
member ha, the main ground upon which this appca-
ton is made is, that there is estimate and recommend
alton that Congress appropriate the amount for this
purpose. The estimate contains the items for which the
appropriation is demanded This is ground l
know II Is said that II is private claim How that
cognomen to be given to this claim The government,
instead OF employing agent and placing the funds
his hands 20 the State of Mississippi and call these
Indians together in order TO for their
moval, thought would be the most polite to
ploy certain number Of gentlemen who proessed to have
greainuence with these Indians, OF whom resided
n the State of Mississippi. some OF whom were par
tcuary acquainted with them and their habits and had
been engaged in such business before, TO remove them
upon contract with pretty stringent provisions These
gentlemen undertook and probably would have succeeded
for the for which they undertook TO them
behalf OF the government but for The interference of the
government itself, by changing the standing policy and
the laws OF the government al the time the contract was
undertaken, and by that thwartng them such
doubled the amount originally contemplated. They,
however did 60 and make the removals far they
were able 10 do under those circumstances and under
those disadvantages.
The government has recognised their clam TO be Just
as the largest amount OF this claim is directly in
quence OF the interference Of the government tmay be
asked how they in,erered The principal feature of that
head OF the charge against the government is that they
altered the law in regard to the payment of these Indians
Instead OF paying them certain land scrip, which they
bound to do under the law Of ls42 in the very
midst of the execution of this contract for the removal OF
these Indians, they actually provided by law that they
should not pay these Indians al ALL but that the
should be funded and the interest paid them and this
too, after the contractor had removed perhaps hall of
the Indians. give this by way of example. They ap-
peaed 10 the government the ground OF this injustice,
and claimed be ndemnihed for their losses The gov
eminent says We recognise the justice and equity of
your claim made this contract with you. under
tain circumstances while the laws existing OF such
and such characters then interposed obstacles 10 the
OF your contract the first place by
suing the scrip in due time TO be paid OF the Mss-
siPp and then, again, when Congress thought proper
withhold half Of the scrip altogether and to fund IL,
you had right TO look 10 for assistance We Tecog-
Mise the justice oil your claim Tor indemnity upon both
these grounds
The PRESIDENT. The Chair is under the necessity
OF the claim, while il is yet before the Senate
Mr.. BELL. hope am perfectly in order in endeav-
orng to show that this is not private claim
The PRESIDENT. That is what the Chair wishes
the senator TO show.
Mr. BELL. That is what am trying to show. | am
endeavorng to prove that this public claim; that il
IN the execution of public contract in pursuance
OF the public policy of the government in relation the
removal OF the Indians The law OF Congress originally
provided sum for that purpose which would have been
sufficient the law stood at the time the contract
made IL the law had been altered The government
recognised the justice OF this claim for additional
pensaon for the losses incurred by the contractors upon
The ground OF the interference of the government itself