The daily union. [volume] (Washington [D.C.]) 1845-1857, 1852-05-18


edged obligation 10 pay Tor losses occasoned by such
causes. unless II has been recognised by pTeexstng
statute.
may refer to Commonwealth which considers her.
SELF OF the most refined and highly cultivated within
the limits OF the whole United States--he old Common.
wealth OF Massachusetts,; and yet within sight OF her
Capitol stand to-day the black and smoky walls of
Catholic convent which was burned down by nsb
nearly twenty years ago, Its have been petition
ing the legislature oil Massachusetts from that day this
for remuneraton but the first cent has moi yet been paid
because The Commonwealth does not recognise the obi
CATION 10 pay H. and does not admit the rule OF policy that
the government oil State should remunefate Tor dam
thus suffered, unless obligation had been admit
led by previous statute In S,ates-in Maryland
and otheshey have by previous statute
acknowledged such right
once made attempt 10 introduce into this Senate
bill assuming that obligation on the part OF the govern
bia concerned but could not get leave to introduce
the BILL could get the Senate TO to vote
the question whether or not they would give me leave
and II stands among the unfinished business which Con-
gress will never take vote upon. The whole discus
son--occupyng months OF the time OF the Senatetook
place upon The question whether the bill should be intro
government did not acknowledge that obligation.
admit, sir If you go to the higher law oil morals and
Christian obligation, OF dong unto others as you would
have them do unto you, we ought TO pay this money
But we never have admitted that principle. | believe
that Mr. Jefferson said great many ago. when, IN
with one Of the Barbary tribes he wished to
get commissioner 10 induce them to lend favorable
ear TO our application for treaty he instructed
missioner to tell the Barbary ribesand he never told
II
sense founded upon Christianity Laughter Until
do admit these obligations. think this is not one of
those cases in which we are bound 70 pay.
Mr.. BELL Mr.. President, bill once passed the
Senate OF the United Statssn obedience the sugges-
tons OF honorable senatofs--compeng these Indians 10
come within The provisions OF the intercourse law and to
pay for these depredaons out OF their annutes That
bill passed this body, but did not become law OF the
United States. The whole delegation of the Creek
ton protested in the strongest terms against the passage
OF that bill alleging in conformity with the facts already
stated in this debate that the tribe OF Creek Indians
tribe. were never engaged IN this war You may per-
maps, Mr. President, remember something n regard 10
might be satisfactory TO the Senate. understand,
sir that the fact is stated in these documents that
the Upper Creeks never engaged in the war.
| The census which was taken about the time Of the
treaty, short time afterwards showed that the whole
number OF the Creek Indians amounted TO 1000 exclu-
OF negroes; and that the Creeks of the lower towns
numbered all told, only about 5000, little
third of the whole tribe. II the warriors OF these
lower towns OF the Creek nation who were engaged in
these ourages, while the body OF the Creek Indians con.
tinued friendly; and II upon this ground that the
Creek nation OF Indians always protested by their dele
gates, that they should not be called upon to pay for
these depredaons. They were not authorized by the
public council OF the nalion and but portion OF the
trbe-hey said no more Than one-hih-were ever IN
voved in the war | know tina, at the time this no,
thought 10 be trueby all and said that the warriors
OF the nation generally involved in Ill but this allie
CATION afterwards satisfactorily dlsproved. Upon
this showing the government did not proceed with the
matter. And have right to presume that Tor tina,
Congress did not proceed 10 pass that act, by
which it proposed TO retain out oil the annultes due
TO the Creek nation the amount necessary 10 indemnify
these claimants Tor property destroyed The largest por-
lion OF the tribe continued friendly during the whole
me and very large number OF them enlisted in the
service OF the United States for The purpose OF suppressng
the hostile bands OF the lower towns.
Now upon what principle could the provisions oil the
intercourse law be applied and remuneration be taken
from the annuilies due whole tribe OF 81 900 souls
when the depredaons committed were confined TO few
towns, and in which but little than one. third of the
whole body oil Indians belonging this nation
done; and they rejected these claims Tar as the gov
eminent had any right TO pay them out OF the annuites
due TO these Indians, according 10 the principles of the
intercourse law.
As have said. the allegation upon which that claim
was founded dsproved-I the right OF the gov
eminent 10 exact from the Indians the payment OF these
indemniles OF their tiles, because II was satsnc
tonly shown that the Indians tribe, in theii tribal
characteristic great body OF the ndansneve concufred
in those hosiiliies, and never engaged in them.
With regard TO the suggestions OF the honorable sena-
tor from New Hampshire tMr. HALE. will say that he
seems 10 think that there IS nothing new IN this case
Bat there are three considerations which could not
possibly under the act OF 1916 These consdera
tons were, that though the government OF the United
States called upon under the authority OF the
authorities the documents before state again
and again. and as stated by the senator from Georgia
[Mr. DAwsos.] and the senator from Alabama, Mr.
CLEMEss,l Of am mistaken hope senators will set
rgh) only once, but again and again, the governors
OF Georgia and Alabama called upon the government "a
station sufficient force within their borders 10 suppress
these hoses, and they warned the general government
what the consequences would be ii they did not do
Notwithstanding all this, The government Jailed 10 pro-
/ vide for them. The government told that they
failed to furnish the Indians with supplies the inevitable
consequence would be that depredaions would
What they foreod the government oil the United States
actually TO pass within two years from the
time they warned that such would be the conse,
quenee. Now, does that constitute feature
IN The obligation OF the general government Is this
case like the cases alluded 10 by the senator from New
Hampshire, mr. HALEll These very Indian tribes
themselves are people, SIR, not foreign 10 us the
proper OF the word. They have acknowledged
their dependence upon the government OF the United
States less, from the 1890 down TO the
present time And. although we have made treaties with
them in various forms. yet that they
not made upon the same footing that we make treaties
with foreign nations and every man knows that they
are made upon The basis that they independent
and free people The United States have treated them
fact and substance dependent, people and though
have been liberal 10 them yet SIR we have dictated and
we con inue TO dictate terms 10 them. We have been
liberal in annuiles and payments OF money to them IN
consideration Of their lands and although the general
policy OF the government has been liberal and bounhtu
in the highest degree yet when we look al all the cir
cumsances in which these people have been placed, we
find that the general policy has been departed from IN
our relations with the Creek lndiansl mean the policy
OF protection the white settlers after they have been
permitted TO settle in their territory. II
quence that foreseen by many at the time that the
| treaty was made as likely 10 follow.
But, sir they could scarcely have dreamed that the
consequences would be disastrous they ultimately
proved 10 be. Well, was about 10 stale that infof-
nation was sent TO the general government from the
States in which the Indians resided that unless supple
were furnished those Indians for subsistence, and
less a sufficient military force stationed 10 that
. ~ hostt denrsdattone committed