The daily union., 1852-08-17

and declares that these moneys shall be paid moi 10 III,
agent, but 10 the persons 10 whom they are due and
these persons obtained assignments, they traBcked il
them against law and obtained tile for we guarded
against this very thing. refusing TO the agents who were
TO obtain and receive this money the right TO retain wba
portion OF they pleased and leave their poor,
red principals TO take whatever they thought proper
drye out TO them OF this relief The treaty says, 'and
they further agree that the per capita allowance TO be
paid as aforesaid shall not be assgnabe but shall be paid
directly to the person entitled, TO his heirs lega
representatives, by the agent OF the United States author
ized to make such paymens."-
Mr CooPER When was that treaty made
| Mr. BADGER. In 1916
/ Mr. COOPER The contract was made in S43.
/ Mr. BADGER. 1t might have been made in '23, for
all that care nothing about the agreement We have
nothing TO do with that This treaty agreement,
them; and we had no right, honest men, to pay it 10
any other party Tor II the money had not reached the
Indians we would have been liable to have been called
Mr. BUTLER II may perhaps be my duty TO these
lCherokees that should say word for them. have
obtained knowledge OF their character from the fact
that Of my friends have been their agents. be-
lieve. from all know of that people, that they would be
the last TO repudiate just debt They are remarkably
laons And the very fact that they have refused to pay
this debt is satisfactory TO many OF the argu
ments urged here now. They are faithful people, and
will say this much for them here now, that in court
OF justice they would stand very good chance, even ac
cording TO the views OF the senator from Arkansas, Mr.
SEBAsrIANl believe that he is correct in saying that
power OF attorney coupled with interest is not re-
vokable still, in this cannot be called upon
70 recognise contract TO which we were not party
this money TO the Indians per CAPITA did the rest
OF the Senate have absolute knowledge OF this con-
Tact' | think not. We had notice Of it when we
passed the law making the appropriation and the govern
men when they ordered 10 be paid out per CAPITA did
without any notice of this contract. And these agents
cannot compel to recognise obligations and contracts
in regard to which we were not pares and OF which we
had no notice. say that we ought not, as nation and
government to be hampered by these collateral agree
ments II would be rather strange state OF things if we
to be hampered in treaties with the Indians by
these agreements with their agents and am not SO
whether, if this matter to be brought before court
OF equity that consideration would not form part OF the
decree of that court And do not know, either that it
can be shown that there adequate consideration
for the amount Of this claim. ..
The question being then taken upon the amendment
offered by Mr.. COOPER. it was not agreed to-
Mr. BADGER. | have an amendment that wish to
offer
MIR. SEBASTIAN. II the senator will give way will
move that the Senate adjourn; for satisfied that
cannot get through with this bill to-day
Mr.. MASON. hope the senator from Arkansas Mr.
SEBAsrIANl will withdraw that motion, in order that
may move an executive session
| Mr.. SEBASTIAN. | will withdraw my motion
| Mr.. MASON | then move to postpone the further
consideration of this bill till tomorrow, in order to have
an executive session.
North Carolina IMr. BADcERl il his amendment which
is the only one that | know of to be acted upon, is
likely to take axe saB much time :
Senate Ii they are willing to do what Is reasonable it
will take no time al all.
Mr.. MASON. | do not think we can get through with
Mr.. HUNTER. hope my colleague [Nr MAsosl
will withdraw his motion to postpone and let the
tor oder his amendment, and we can try it.
Mr.. MASON. WIN Withdraw my motion
| Mr.. BADGER II the Chair will turn to page IL OF
this bill, he will find provision in these words extend
ing from line 26l TO line 27o, inclusive
ITO pay the claim, adjusted by the accounting officers
Of the United States treasury in favor Of David Tayor un
der the latter clause OF the thirteenth article OF the Cher
1885, by the senate and BE- paid
out Of the balance OF the appropriations OF July I'd 1886
lions for carrying into effect certain Indian treaties"
move TO strike out all OF that provision down to the
word and, inclusive, in the 2e7th line, and insert the
following:
"To pay the claim of David Taylor. adjusted and
found due by The second auditor OF the treasury the llth
March, 1882 under the latter clause OF the 18th article OF
the with the Cherokees concluded at New Echota
sss sSe%"'' on" - '''' anu approved 0' INC ''"''' '
The provision will then continue to read "to be paid
out OF the balance OF the appropriations OF July 3D. 1896,
under the act entitled An act making further appropria-
ons for carrying into effect certain Indian treaues
The effect OF this dment is TO give David Taylor
interest upon the sum mentioned IN the provision nave
moved TO strike out, and as 1t comes 10 us IRON the
House OF Representatives The ground upon which the
interest is claimed is this two Attorneys General OF the
United States in succession decided that David Taylors
claim adjudicated claim by the commissioner
under that treaty, and ought 10 have been paid. Still,
there were difficulties in procuring the payment oil IT,
4
preparation in the Indian appropriation bill for the pur
pose OF paying this claim But upon the conferences OF
the Joint COMMITTEES OF conference, II has been always
ruled As the Senate know, the President sent US
nomination OF a commissioner, wit view oil passing
upon this claim and il referred TO the proper com
mtee. That committee reported that there was no ne
cessy for this commissioner this caim was already
adjudicated by commissioners That report was unan-
mously concurred in by the Senate. This claim was al
Indicated by and declared payable by The
United States years and years ago, and warrants were
issued for IT, But the difficulty has been that SINCE Ger.
tain discussions in the House of Representatives in
gard to certain payments OF interest upon large claims
the executive officers have got so scary that they are
afraid TO allow interest upon anything lhls was Judg
ment given years against the United States ior con-
siderable OF money, and the question whe her the
United States ought not 10 pay interest upon IT, lba Is
the whole question.
Mr. HUNTER. | understand that the provision in
the bill is according the estimates OF the Treasury De-
parment They refused 10 allow interest That, un-
dersiand was their last decision in this case
i Mr. BADGER. The auditor allowed the interest," and
allowed it rightly But, as say, the Secretary OF the
Treasury afraid to allow it'll suppose because there
had been much fuss and disturbance about the allow
ance OF interest in other cases But good God, II the
United States not TO pay interest in this case, IN
what they TO pay tl This Is claim adjudica
ted fourteen years ago. and has not yet been paid and
is the fault OF the government that has not yet been
paid. | understand that dunag Mr. Polk's admlnisTa
ton order made out for warrant directing tht
payment of this money. Mr. Walker then was the head
of the Treasury Department gentleman went 10 MT
Polk and procured IRON him the resembling oi the order
for what reasons do not know. II will be tne crosses
injustice that done to any man oy tne govern
meu il this adjudcaed claim is not pad 10 MN WIN
interest. :, /,