The daily union., 1852-08-11

that time that section OF the State al much less price
Than has been gwen. The main point is 10 know
whether u was furnished and supplied 10 the Indians
That is The issue 10 pc met have doubt that this
case as the senator from Maryland Mr. PEARcE says,
will come up There have been very serious charges
made against this officer that made these treaties But
the senator from Maryland is entirely mistaken IN one
respect Although Mr. Mckee denies that he had any.
thing 10 do with these contracts he IS misaken lof Inc
document before acknowledges that he has OVERCOME
the appropriation $4,000 and IN making The contracts,
he, one OF the parties, although he did not go II by
the hundred thousand. he went tby the thousand 30
every one oi these officers is implicated The whole ap
preparation $4,000 and the expenditure about
million They all implicated aud think that as
these gentlemen men OF character when they re
ceved these appointments, against whom no serious
charges had ever yet been rasedv-When they are now
charged with having iraudulently aud corupny made
these contracts, II Is charge that ought TO be investi-
gated, in justice 10 themselves and 10 the country.
AS TO the Indian agent and superintendent o Indian al
fairs they have other and important duties TO perform than
that OF Investigating these clamsduiies thai required
10 be performed once, relating 10 the future intercourse
OF this government with the Indians These treaties have
greatly embarrassed the Indian affairs Of that country and
IL they aischage their duties. they vii have enough TO
do without tuning back 10 go into this mass oil esll-
mony which will be brought forward in relation 10 thls
claim. hope the investigation will go forward and
what the senator from Missouri [Mr. AToHIsoNJ says
has taken place. it ought lave been Investigated long
since IN justice 10 the government hope mat new
agents will be appointed 10 ascertain whether the charle-
true for they ought be investigated. and these
individuals ought TO be relieved from them they are
true. The charges OF most serious ami airocous
character They charged with being parties 10 these
contracts and receiving benefits from them TO large
amount. il is due TO these gentlemen as well as 10 Tie
government, that they should be investigated and the
whole object OF this amendment is to get an Individual
appointed that pureose who is entirely disconnected
with them. | would like 10 have an individual appointed
who has been in that country, and sent there on
special duty; tor there IS great deal OF character as
well money involved in the matter Many OF these
drafts in the hands OF parties who received them
upon their debts and paid money for them, and they un-
deTsood that this government would pay them nope
ha cd lan1th
will pass.
MI CASS. | see nothing wrong, Mr.. President,
on the part of the proper department. IN submitting tins
question Congress; but il the most fagran case that
has occurred in my day connected with relations OF
this description by far Here is an Indian commissioner
with eighteen treaties having travelled over the country
eighteen different points to make them. The commls.
sioner commissioners directed TO make treaty or
treaties in California and an appropriation OF twenty
five thousand dollars
SENATOR. Fifty thousand.
Mr.. CASS. Very well appropriation OF fifty thou
sand dollars put at their disposition in order TO de-
fray the expenses have doubt with instructions from
the War Department expressly directing them not 10
coed that sumand they have gone and expended nearly
one million dollars They have not only undertaken 10
do that without ncurng any expenditure connected with
the collection of the Indians, but they have anticipated
the ratification of their treaty and carried it into
effect. Now, sir, hold that tins government is not un-
der the slightest obligation to pay dollar OF it. do not
say that would not, but there obligation in trans
action of this character to pay dollar OF it. do not
agree with what gentlemen have said in regard TO these
foreign government hold that government is bound
by the act OF any OF its officers when they have no au
thorty to act Ii contract with an officer OF the gov
eminent to the amount OF hundred thousand dollars
bound to look al his papers, and government in the
world is bound 10 pay anything beyond what they have
authorized their agent to do Assume contrary doc
trne, and what government could stand for year You
appoint agent for any purpose whatever, and send
him of 10 distance, and is he at liberty 10 you in
debt TO the amount of millons' No, sir; the true doc
trne is, that government is bound by the acts OF its
agents relation 10 its fiscal concerns, except Tar as
those officers authorized TO perform certain acts 1t
was the duty OF these men, in making contract with
these officers 10 know that they had proper authority TO
enter into contract; and they have no right to come
here and insist upon any moral or legal obligation
part to pay these debts unless they knew that these o
authorized 10 make the contract. Especially,
when gentlemen of intelligence come forward and claim
that they made contract 10 the amount OF one hundred
and eighty hundred thousand dollars, they have
no excuse for such conduct For one. Mr. President
will give vote in this matter that WILL in the slightest
degree, compromise the subsequent acts of Congress
will vote dollar TO appoint commissioner-not
dollar TO appoint agen-not one dollar 10 take any
step in this matter, until the case Is fairly made up by
the parties and brought before will not help TO do
any act that will 10 give any sancuon in the
Temoest degree 10 such fragrant outrage upon the gov
eminent
Mr.. BRIGHT | did no, vote for this appropriation
before the committee, shall do so here; and the
reasons that govern my TO some extent, those
suggested by the senator from Michigan. avn unwilling
10 delegate 10 any agent appointed by one OF the depart
mens the power 10 prejudge these cases for IL in
wolves the expenditure OF an immense OF money
for agents appointed for the purpose OF investigating these
claims, and they liable 10 be operated upon by the
influences that TO have operated upon these
commissioners IN making the contracts. They may re-
port 10 us in favor oil them, and thus virtually commit the
government to the payment of immense amount OF
money But am ANXIOUS TO these claims come here
others do Let them present their claims Congress
let them undergo the changes and muts ions that attend
congressional legislation, and their claims have merit
they will be passed. But am unwilling TO Con-
gress or the government precommed 10 tie payment o
these claims by the appointment OF any agents, selected
by the government that has selected the very
have imposed upon 10 the extent that the facts
considerations IN part governed my vote against the
amendment IN the committee, and shall for the
reasons vote against IT here.
MIR. BELL have heard it suggested that, as the law
now stands the superintendent OF Indian affairs vested
with the power 10 examine CLAIMS aud that lhee
some necessity OF making provision OF this kind IN
order TO examining agent there Tree OF all suspicion
is reason why must seek the invesg alton under
the laws as understand they exist. would inquire oil
the honorable senator from Indiana Mr.. BReHrI II that
is sol
Mr.. WELLER. n the gentleman will allow me,
will answer his inquiry. understand that ia
branch OF the have decided that the snpern
iendent has discretion under that law, and that 1t is
his imperative duty to make the whole OF this nvestiga.
non and that unless the legislative department OF the
government should relieve him, he will be compelled
make that investigation.
Mr. BELL. Then understand that il is the duty OF
the superintendent OF Indian affairs TO perform this duty
and that he has no discretion
Mr. WELLER Such is the decision OF the Executive
Mr.. BELL. That is what was suggesting TO the
Senate and on that ground think ought TO have the
appointment made.
wish TO say a word in regard to this superintendent