The daily union., 1852-08-10

Missouri Shawnees and could have no interest in IT,
My object was to show that they were originally one and
Mr. ATCHlSoN. was coming to ,ha, point The SEN
ale will irom the able Argument OF the from
Tennessee that there very great doubt and dihcuy 10
the settlement OF this question. But the close OF his
gumeni was, ihink decidedly against himself He
says that by the terms OF the treaty OF 1925 with the Mis-
SCUM Sbawnees, the United States stipulated that the
Ohio Shawnees should bold this fifty miles square in
common with the Missouri Shawnees. Well, il that be
the case, then undivided moety OF 6y miles square
belonged TO the Sbawnees OF Ohio beg leave TO differ
with him as TO that construction OF the treaty But adj
miitng that TO be the construction what consideration
did the United States give them for their lands 10 Ohio
ceded by the treaty OF 1872 Why, 100000 OF
their own land, 10 be located within this fifty miles
square; and instead OF giving them one undivided mole
ty or an equal interest 10 the fifty miles square, they cut
The Ohio ShawDees down 10 the 100 600 acresand that
too, OF their own lands according TO the argument made
by the honorable senator from Tennessee, ii understood
him arlgh This being the case, the Ohio Snawnees
have never received any consideration for Their lands
except tha five per upon the $4,000 which they
have received up To this time.
| Mr.. BELL. Will the honorable senator allow TO
an argument as that did not say that though il be-
longed TO the Ohio tribe OF Indians il given for the
common benefit The fifty miles square was laid of un-
der the treaty OF 1928. for the Shawnees OF Missouri
with the stipulation that the Shawnees OF Ohio might
cnpy the land in common with hem when they should
think proper TO emgrae But the United States entered
into spuations with the Ohio Indians to compel them
either TO remove or to accept or not TO accept Tie stpu
laon OF The treaty OF 1925 was, IN furtnerance OF the
policy OF the government that when did treat with the
Ohio Indians for their removal to home upon the west
en frontier, they might have home provided for them
by The treaty of 1925 TO which they might remove; and
the government had right to be paid for IT,
/ Mr.. ATCHlSON. The treaty of 1881 involves this
question in further difficulty The treaty of 1875 is
cited 10 the latter treaty; and the Shawnees thenadm
ting that they had common sense and knew what they
were about--knew that they were taking their lands
that The II is not fair presumption TO suppose
that they did not understand what they about AS
stated to the Senate former occasion, If this
transaction between white man and white man, would
without hesitation, say that should not give them the
consideration which they ask. But il treaty en-
tered into on behalf OF the government of the United
States by men OF talent and ability with parcel OF g
norant Shawnee Indians, for they were so at that time
Now, further difficulty presents itself as to who shall
have this money, and that is the true difficulty If
agree 10 give them the money at all. think That diff
Guilty Is obvated by the amendment proposed by the hon.
orabe senator from Arkansas, Mr. SEBASTIAN He pro.
poses, that if the Senate should agree with the House OF
Representatives in retaining this appropriation it shall be
qualified; and that this money shall be paid TO the Shaw
square--the Missouri Shawnees and Ohio Shawnees in
common; that the Missouri Shawnees shall agree, to-
geher with the Ohio Shawnees that they will occupy the
fifty miles square in common and that the Ohio Shaw.
shall release all claim against the government un-
der the treaty Of 1885, for the 100 900 That fair
and presume they would accede TO IT, you make this
appropriation stands at present 10 The BILL without
such concession, il wou Id be so much money thrown
away; and both these bands of Indians would have
a right TO come upon the government and claim ad-
diiiona appropratons-ihe Missouri Shawnees claim
ing 200, and the Ohio Shawnees claiming $33 00O
Thus you would have to appropriate double the amount
now necessary TO satisfy the CLAIM Suppose you should
now give all this money to the Ohio Shawnees the Mis-
sour Shawnees would turn round and say to them, "You
have no right TO settle this land you have not paid
us cent for our land it is our land under the treaty Of
1925" They would give IL that construction beyond all
questions and thus difficulty would arise between these
two bands Of Shawnees, and this government would have
TO settle that difficulty out of the treasury of the United
States am Tor settling IL now, once for all. The
amendment proposed by the senator from Arkansas will
do this
am perfectly willing to strike out of the amendment
OF the senator from Arkansas the clause proposing the
reference TO the Attorney General am willing TO close
the business now upon the terms and conditions proposed
in that amendment, willing TO refer the alter to
The opinion OF the Attorney General TO the right against
this government | am willing either to accept the
amendment OF the senator from Arkansas substitute
for the section which the Committee on Finance pro.
posed 10 strike out as the amendment stands to
accept without the reference 10 the Attorney General
and leave the appropriation to be made al and alb
soutey to be disposed Of provided by his amendment
Mr. WALKER. Mi. President. as | view this ques.
uon 1t is very plain concur fully with the hon
orable senator from Tennessee, that If this is pu, upon
the of right these Indians have claim whatever
10 1881 the Shawnees OF Ohio sold their lands in Ohio
What they receive for those lands will read
from that treaty and draw some deductions from it, The
treaty provides
"The United States will expose to public SALE to the
highest bidder Ia the manner Of selling the public lands,
the tacts Of land herein ceded by the said Shawnees And
after deductng rom the proceeds Of such sale, the OF
seventy cents per acre. exclusive of the cost OF surveying
and the aforesaid Of $4,000 be advanced in lieu Of
provements; and Ii agreed that any balance which
may remain of the ava OF the lands, after sale aore
said shall constitute fund for the future necessities Of said
tribe, parties 10 this compact on which the United States
agree TO the Chiefs Tor the and general benefit Of
their people, annually, five per the Of
said balances annuity Said fund TO be continued
during the pleasure of Congress, unless the chiefs Of said
tribe band, by aud with the consent Of their people
in general council assembled should desire hst the fund
thus be created should dissolved aud paid over 20
them 10 which the President shall the
be paid, IT. In his discretion, he shall believe the hap
piness and prosperity OF said tribe would be promoted
thereby"
The government has kept 10 itself seventy cents per
remaining that the fund here spoken OF s be held
by the United States, ard paid to the Indians when
they require and n 10 that very fund.- according 10
the papers which have been read, that the chiefs have
come here TO settle. The claim for which The ap-
propatioa is proposed in the bill il from the
House, is OF entirely different character. The chiefs
came here asking the government 10 pay them 10 gross
the fund reserved by the article OF the treaty which
have read. THIS proposition Is to appropriate to them
the seventy cents which the government reserved
from the sales Of their lands.
What was the government TO pay these lndansl II
will be perceived that the government to expose the
lands for sale other public ands and therefore they
were not 10 be sold for less than 81 25 an acre Out
the proceeds OF the sales the government reserved
seventy CENTS The bsaDce-hlty.hve cents an acre
was TO be paid 70 the Indians, In annuhes and certain
other ways Now, do they claim that there one lar
thing OF the nifty FIVE an which is unpaid No,
at all That claim has all been disposed Of. They do not
pretend that farihing OF the iy.fve cents has not
been paid. What else do they claim They were to
have 100 900 acres OF land in the State OF Missouri which
land to be embraced within the fifty miles square
which conveyed by the government under the treaty
of IS25 10 the Shawnees OF Missouri Do they complain