The daily union. [volume] (Washington [D.C.]) 1845-1857, 1852-04-22

upon them our invesliga gations may be brought into
much smaller compass than. may al hrst imagine. III
II s in order TO advert 10 our past legislation upon Inc
matter in this house and the Other be shown that
in this subject before Congress for investga
ton, and was the subject OF dsasIesmsnt between the
Senate and the House Of Representatives The one IN
sisted upon the insertion OF the article, while the other
required that it should be expunged The result OF that
contest the OF the 9th section OF the act OF
1885, referring the whole matter the President and
commission TO be instituted under the authority oi the
Department Of War. That resulted in the spponimenl
Of Mr.. Stoddard He directed TO ascertain what
amount OF moneys had come into his hands in con-
sequence OF the authority conferred him BY the War
Department, and which had not been disposed OF for the
benefit OF the Indians According 10 these instructions
his report made, after patient investigation and
survey of all the facts. II was volnminous report,
showing the amount due TO the Indians. and embezzied
by the agent to be reported by the clause Of this bill.
inserted by the House OF Representatives. The facts OF
the have already become adudicatcd matter and
appears to therefore, that the inquiry narrows seli
down to the smallest compass The question really 10
debate il. whether not the amount contained IN the bill
is the result of the investigation OF the authorized agent
of the government appointed for this purpose will
may not be stricken out. :,
Mr.. PEARCE have found the report made by Mr.:
Soddard, andI have found that the claim consists OF
various items There is an item Of s743. entitled the
principal Of their Phelps and Gorham) annuity fund"
This money the Indians obtained BY selling some Of their
lands 10 persons Of that name in New York. The next
item is an annuity OF $780, from 1887 to 1850 inclusive
produced by the former This was matter with which
the United States government never had anything 10 90
Indians to Phelps and Gorham The next is item Of
ST. 7749"he income of their United States stock held
in trust by the Ontario bank OF New York ior 1887,
from the treaty of 1886 and deposited in the Ontario
Bank, in Canandaigua, New York. In 1898 or 1899
this was put into the hands Of Stryker and he never
annuity Of $500 due from the State OF New York for
1897 10 1885, The next item is for $3,4S2 50-"the
amount OF deposite made by chiefs in the Buffalo Bank,
and drawn thsrefrom by agent $ll7 So distributed 70
heads of families"
The report made 10 the Senate in 1850 says in regard
TO it:
"The following the facts ascertaned by the CON-
missioner in relation the item difficulty arose In
relation 70 the distribution OF part OF the annuity due from
the United Safes to the Indians in 1888 IN consequence
effort effect change in the established custom OF
paying such moneys the chief, TO be disposed Of by them
BY % so Il Hnay Ss wa. AND
the Bank Of Buffalo the credit of certain chiefs who
pa.n. hsn ali aud day about The to be
made Of aud being unable to settle the difficulty they
4 the mn mi sa for o. On
recovered and taken into court and the judge advised
70 whoss credit i had been there previously until the diff
Guilty should be settled BY the advice Of the agent how
and al his nssaon and request il was sAssward. drawn
and placed in bis hands tho psesext Of enabling him
so distributed paidthe agent having kept and made
way with the balance, amounting 10 SS,4S2 50."
The las, item depose made with the agent by Pol
ly Jimeson, amounting 10 ~ ,63l. The report says
diydua iadan rather than Of tribe appears from the
report Of the commissioner that Mrs Polly Jmeson, an In
Of money in the hands Of the agent ssekeeping OF
which he paid her back but $751; and that the BAL
snes. amounting 10 $l.6si she could nevss and
loss enlireiy."
think these saments bear out in what said be-
fore The only thing 10 show any sort OF authority from
the government to the Indian agent In the receipt and
care OF these iunds is this;
This superintendent agent has always had charge Of
aud been required by his appointment and insucons 70
exercise careful supervision over all tner an as ana IN
teIess of whatever character and bsng appointed by
the government and giving bond 70 Il Tor the iahini ais
ehargs ol s h duties ana ma he S s e
pereon be confidently relied In all matters con
and management Of their money affairs have not been
confined 10 those arising out OF their relations with the
United States, but have extended and embrace those
with the State OF New York aud with individuals Hence
and moneys due them from that State have
in ike had the oontrol and management Of pecu
mary trusts and obligations existing between them and IN
dividnas."
suppose there is no doubt that his official character
gave him credit and the confidence OF the Indians They
induced, in consequence OF his official character
voluntarily TO place their funds in his hands. to auhor-
ze him 10 receive their bank dividends, and to place
their individual funds in his think that the Sen
ate must perceive two years ago. that these funds
were placed in his hands, not the agent for the gov
ernment but the private agent OF the .dvduals and
therefore the government is not responsible Tor them
Mr.. ATCHISON. The senator from Maryland has
stated the facts pretty much as they exist portion OF
tnese lunus were tue luHus Oi
this man TO pay the Indians and portion Of them
funds ntrusted TO him by the ndians-n facf making
him their trustee.
Now, sir, take this broad ground II 10 admitted
all hands, that for the government f0nds, the United
States responsible for any default But, sir, for all
the money paid 10 the agent Tor these ndiansnot IN his
individual capacity but in his capacity as government
agenit think this government is clearly bound. For.
sir, when you send agent, or sub-egent 10 an In
dian tribe, you endorse his honesty, and you guarantee
security for all losses that the tribe may sustan by
OF his vany or fraud, and the government should be
held responsible.
Now air, the government OF the Usissd States sends
this (Stryker) 10 take charge OF these lndians-to
protect the interests OF the and the interests
OF the Indians II they could not placs confidence in
Syker, in whom could they place any csssnce' Their
Great Father sends to them special agent s charge
OF their AFFAIRS and recommends him 10 that tribe OF In
dians as an honest man. The government give him
letter OF credit far honesty is concerned, fully
dorsed and hold that is responsible for all the frauds
which he perpeates upon that tribe and not only upon
the tribe, but upon the individuals composing the tribe
Just much as when you give letter OF credit, and
that letter OF credit is fraudulent one which deceives
your friend TO whom the letter is addressed hInk that
this doctrine should apply to Indian agents as well as TO
private affairs
swer question in relation to this matter zee
by the letter dated August H. 1892, that this agent was
instructed procure the assent OF the indians TO oct
their agent and require that assent to be IN writing. by
way OF power of attorney and that that power OF attorney
should be brought Washington city and deposited in
the proper office. Is that sol
Mr.. ATCHISON I am not able to answer that ques-
ton. think sir, the letter was read.
Mr.. DAWSON. That was not read but the letter is
to that effect But what wish to know is, whether
those instructions confomed TO, and whether the
power OF attorney was given, and also their in