The daily union. [volume] (Washington [D.C.]) 1845-1857, 1852-05-26

mitee ON Indian Affairs 10 offer the following amend
inent, TO be inserted at the end OF line 256;
"Prouidea That after Soth of June 1882 the pay
men OF the said shall cease and the
Secretary Of the Interior be, and is hereby, directed
snch class rsspeeyey and that The amour, necessary for
ths purpose be, and the same is hereby appropriated
Of said wanants shall be fret ratified and approved
final release Of all claims OF said parties under the lith
Of The choolaws under such forms as shall be prescribed
by The Secretary OF the Interior"
II will be necessary read the clause which this
provso is attached IN order 10 understand fully the effect
OF it, Ii is as follows:
"For interest the amounts awarded Choctaw claim
ans % under The fourteenth article Of the treaty Of Dancing
hundred and thriy Tor lands on witch they resided, but
that has been awarded under lhe Of twenty third of
August eighteen hundred and forty two-not deliverable
March, eighteen hundred and iory-ve for the half year
ending thdeth Of June eighteen hundred and fiy two,
weatyone thousand eight hundred dollars" t@H
will give to The Senate brief explanation comprising
very short history OF this claim. which constitutes the
best argument which can Offer in favor OF the proviso
have just 10 the Chair By the treaty of the 27h
September, $780, the Chociaws ceded the United States
all their territory east OF the Mississippi BY the 18th ar
Gle OF that treaty provision was made for reservation in
favor OF each head OF family" who might desire
main east OF the Mississippi and become citizens OF the
State OF Mississippi. certain time was limited during
which these reservations were to be approved OF and es-
tabished In consequence, however, Of circumstances
TO which 1t is unnecessary to alude the time elapsed,
and the neglect OF the officers OF the government and the
distractions thrown in the way by the intrusion of the
white population, prevented that class of pro-
vded for under the treaty from ing themselves Of the
benefit which it secured them. Their rights under the
treaty thus neglected for long period OF time until
6nay by the act OF the 23i August Si2, Congress pro-
vided that scrip TO the amount OF these reservations
should be issued 10 them in lieu Of the lands which they
had lost Il also provided by the law of ls42 that
one half OF that scrip should be deliverable east OF the
Mississippi, and the other half should be withheld until
the Choclaws had finally emigrated west This evil
q
and was therefore departure from the spirit OF the treaty.
but in pursuance OF the settled policy OF the government
They however, accepted Of this vountarly and after
they had emgrated and the time for the delivery of
the other half OF their scrip west OF the Mississippi Con-
gress inerfered upon the petition OF the Chociaw council
OF the nation west who asked that this amount might be
funded at perpetual interest of veper cent instead OF
being delivered TO them in lis original form.
The experience the administration OF this particular
annuity, payable it particular class only of the
Chocaw nation, has been found to be attended with such
mischefs to be so nnous TO the interests OF those per-
that the Choctaw council has reversed this former
determination and they petitloned that this
should be funded. they have now, by act of
their national council expressed wish that the amounts
in perpeiuiy. | suppose there IS not senator who
hears who questions the policy of the exngushment
of these annulies They already accumuating upon
fearful rapidiiy, and in the exngushment OF
nutes of this class we escape entirely those considera
tons which apply generally 10 favor OF the annuity sys
one of these claimants becomes vested right and at the
death of the claimant is subjected to subdivision, ad in
hniuBl, un the snare oil eacn one IN
this inheritance dwndles down to most insignificant
portion. In many cases it is not worth the trouble and
expense OF going the Office Of the Indian agent Tor the
purpose OF receiving IT.
4 The only question which has been suggested by any
senator s to the competency OF Congress 10 provide
and 10 this mode for the satisfaction OF these annuues
II will be that this indemnity for the nfraclion OF
the 14h article OF the treaty OF 1880 entirely creature
OF the legislation OF Congress, and does not arise under
the treaty itself II is mode of redress giving sasfac-
ton for The violation of the treaty provided by Congress.
These annuiiies not created by the treaty. Ii such
The then all would admit that must have
The authority OF the nation at large IN the form OF
treaty to put an end 10 them by their redemption. But
the 18th article OF the treaty OF 1880 provided that
vaiions in land itself should be granted to the Indians
when they did not choose 10 emgrae The act OF 1912
provided that scrip should be issued TO them lieu of
the reservations and the Indians voluntarily accepted this
equivalent for the lands to which they ent
tied under the treaty, but which they prevented from
getting, as have before stated And when the half
which was TO be paid TO them west OF the Mississippi
became deliverable, Congress again ineriered, and by
act of legislation funded the amount OF land, al the
rate OF 81 25 acre, as perpetual fund.- to bear interest
at the rate OF per cent upon the scrip estimated at
81 25 per acre. They ask that the amount OF the
principal shall be paid 10 them in full and these annutes
be extnguished 1t will be that the last two acts OF
Congress passed upon this subject prescribed terms which
have been accepted by the Indians, and repeaabe in
their character. And the act OF ls45, though made
this amount perpetual annuity, IS Just as repealabe
the act OF 1S42 which provided the payment oil scrip
stead of the reservations provided under the treaty OF
$780, II is just as competent Tor the 32d Congress TO re
peal this annuity as 4 was for The Congress OF is45 or
the Congress OF lS42 originally 10 enact IT,
The amendment that have Offered guarantees every
kind OF security that further reclamation shall be
made for the misapplcaon of this fund its wrong
improper payment requires the receipts and release
OF the Indian claimants themselves in addition 10 which,
as matter OF precauon, 1t requires affirmation by
an act of national authority upon the part OF the Choc
aws that this scrip being paid there shall afterwards be
no reclamation upon us We shall thus at last redeem
our treaty obligations to the Indians in which
leaves least for reproach while, 10 the policy
OF this proposition, suppose one here for moment
entertans a doubt
The question being then taken upon the amendment. 1t
was agreed TO.
| CREEK INDIANS.
MIR SEBASTIAN. | have also another amendment to
Il offer from the Committee on Indian Affairs
/ Mr. HALE Will the honorable senator allow me to
offer an amendment
i Mr. SEBASTIAN will state that, as have been
advised that this amendment will lead TO discussion,
will merely lay il upon the table that il may be printed
before the debate is resumed tomorrow, and will then
give way to the senator from New Hampshire Mr.
HALE1 TO offer his amendment
i Mr. HALE Let offer this proviso first II will
take but moment
Mr. SEBASTIAN. only wish to have il laid upon
the table, so as to have printed by tomorrow morning
| II is as follows
For qudating balance found due the Creek Indians
for during the last with Great Britain
by that portion of the tribe which friendly and CO.
operated with the United States, &c, the sum oil Sll0
All 90"
/ Mr.. BORLAND. ! move that amendment be printed
/ The PRESIDING OFFICER, MIR. MAsoUM IN the
cbair0 Ii will be printed unless objection be made
No objection being made, the amendment ordered