Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1852-05-22

King would be sustained he made that small advance
Mr. King says however in the letter from which have
read that the advance placed his private account
il expected that the next mail would bring autho
ry to the Indian commissioners to draw for the aPpro
priation. &M
Mr. PEARcE. Then il was much the better for it
was violation Of law The Senate win perceive the
necessity Of my making the distinction between these APP
preparations when read to them this extract from the
Senator's speech. He says:
q wish it to be borne mind that all this be done
under appropriation of $4,000"
After that statement it becomes necessary for to
show why 1t that $3.50 600 advanced by the col
ector, and that 1t not advanced upon this appropria
ton of $25 000 but in consideration and in aid Of the
general military appropriation made for the military SER
vice OF the Government and in reference TO that portion
appropriated for the Quartermasters department In
fact II is inconvenience to the Government to have
these advances made because the depart
ment must be furnished with funds by drafts drawn
California. There is surplus of money there. Ibeieve
the receipts of the customs in California larger than
in most Of the States of the Union larger perhaps than
they in the city of New Orleans When there is
surplus thereit very convenient thing for the Trea
suy Department here to supply funds by drawing the
collector at San Francisco This advance of the collector
not before the appropriations in another part Of
his speech the Senator stated because the appropriations
had been made but it was loan Of money made in adj
of the receipt Of instructions to the collector Of
that fact do not know whether the Senator stated that
the advanced out of Mr. Kings private funds
well as the $5, O00 suppose not however because
find letter Of the Secretary Of the Treasury in which
Mr. King is told that these advances contrary law
They did not think proper, however to Mr. King
for it, because his object good one. There was
extraordinary state of things prevailing California
immense territory. tits inhabited by very large body
Of Indians, estimated, believe, at 100000 They are
said to be the most warke Indians that side Of the
continent They iritatsd and Justly irrtated per-
haps, by the condition Of things then prevailing and
there was danger Of an immediate outbreak I can
show the Senate by reference to letter of of the
commissioners, what the condition of things which
called for prompt and energetic proceedings
In letter dated january 9th, 1852, he says:
Of the State and with but few exceptions believe
the southern portion Of the Sate they hostile
Of rapne and murder usual in Indian The country
called for reefrom such of affairs The miners
had been driven from their gold mines and every day almost
some outrage or injury was done to the property of
the citizens and in return, many of the Indians were killed
and their stores Of provisions destroyed"
Such the condition of things which required that
the collector at San Francisco Designating the strict
instructions of the Treasury Department should advance
money to the uarermaster department to fit out escorts
for the Indian commissioners, who might pacfy the In
dians and protect the people Of the State Let add
the department here being in funds
at the time promptly repaid the advance of $3.50 OOO
The Senator from California then alludes to the course
of action pursued by these commissioners After the
negotiation of treaties with the Indians thew did not look
to the instructions which had been sent to them but went
far beyond them and the known constitutional rule and
disregarded the rights of the Executive and the Senate
They made treaties with the Indians not be sure vo
ative OF Instructions snce the of the spuatons
could not be foreseen dictated in Washington but they
made treaties in which they stipulated to furnish the In
dams with supplies of food particularly beef cattle to
very large amount Having made these stipuations
they did not wait until the treaties were sent to the Ex
ecutve, and ratified by the Senate but they justified
themselves, or attempted to justify themselves for fur
nishg these supplies in advance of the ratification of the
the ground of the imperative necessity of doing
something to keep the Indians quiet and protect the
people Of the State They said that the extraordinary
condition of things there demanded that they should 20
beyond their instructions and beyond the law Whether
this is so or net we shall perhaps ascertain hereafter
They did this however without the knowledge of the Adj
minstraton, and the Senator complains that they were
not Immediately dismissed for SO doing.
MIR. GwN say that the Administration ought either
to have approved disapproyed of their acts If they
approved them the President should have sent the
ties to the Senate; but if he did not he ought to have
disavowed the policy adopted by the agents. and APP
pointed others to carry out the exact views Of the Ad
minstration.
Mr. PEARcE. This what the Senator said in his speech:
He meanng the Commissioner of Indian Affairs says that
praon Why then, are they not dismissed? Here
that they have exceeded their authority under
the law yet they permitted go unpublished" &C.
So the Senator goes Let me now state to the SEN
made by tho joint board or by Mr. Barbour had been re-
ceved by the Executive up to the oath day of January
Indian office during the year 1851 and none Of them
were submitted to the President till the last month Mr.
Barbour, of the Indian commissioners arrived Mt
New Orleans believe time during the last winter
and instead of coming directly Washington went to
KENTUCKY, where he brought with him the treaties made
by himself and by the board He there received letter
in which he strongly rebuked by the Commissioner Of
Indian Affairs for this violation of duty in undertaking
to carry out the spulaons of treaties before the Exec
tive and the Senate had acted upon them He answered
the letter and defended himself That answer is dated
on the 9th Of January Of this year but he did not come
on to Washington until after the Oath of January Then
he brought of the treaties with him. Now is the
Executive to be blamed the Senator has blamed him.
for not submitting these treaties santer to the Senate
for ratification and to be charged with covering up the
transactions Of the commissioner by Withholding the trea
Does not the Senator know that we NAV desire to
be furnished with accurate information in regard to
them Does he not think that ought 10 know the truth
of the allegations made by the Indian commissioners be-
fore we say whether the Government shall or shall not
honor their drafts Is not the Executive to be furnished
with this information as we'll we? Ought not the Pre-
sident to be furnished with II before submitting to
the Senate treaties important? Ought not the Pre-
siden to have full time for consideration and ought he
not TO be allowed the opportunity obtain from Cafor
mia the information which is necessary to enable him TO
properly the subecf Whether the treaties are to be
confirmed rejected it just important that the Er
ecutive should have the information the subject as that
the Senate should have it. would not willingly do the
senator any injustice, but suppose my opinion in this
respect does not differ from his unless he changed II
about the time he made his speech for am informed
that the Senator from California expressed TO the Com
missioner OF Indian Affairs and the Secretary of the
Interior desire that the treaties should not now be sent
TO the Senate but that they should be retained until the
information was had
Mr. GwIS. 1t is altogether a mistake. never made
any such declaration to any body.
Mr. PEARcE There may have been misunderstand-
fwaap tnoG Al