The daily union. [volume] (Washington [D.C.]) 1845-1857, 1852-05-20


not waged by the tribe or under its authority but by
band OF eebootes separated from the great body OF the
tribe, and pressed by considerations TO which wlil
presently advert TO commit these aggressloDs upon the
peaceable and unofending inhabitants oil Alabama and
Georgia exclude, therefore, this question from con,
sidealon 1t is not inquiry how far you are bound
TO indemnify those who sustained losses public war
Here was no public war.
In The same manner exclude from consideration the
question which mas produced the incidental and very ani
mated discussion between the from Tenne ssee,
Alabama, and Michigan-namey, the question how lar
government is bound TO indemnify individual losses
which sustained under the operation OF an expert
eatdl policy adopted by that government without con-
sideraon OF the question whether that policy be wise or
unwise 1t that the senator from Michigan
would have been relieved from the necessity OF vnd
eating the administration OF which he formed part, II
he had attended 10 the proposition OF the senator from
Tennessee, and 10 the express disclaimer which accom-
panied that senator's statement That proposition az
understood il, was that the project OF associang the
whites with Indians in the close proximity in which they
were left under the operation OF the treaty OF 1892, was
experimental policy; and the senator from Tennessee
pressed upon the consideration OF the Senate the sugges
ton. that If individual losses had resulted from this ac-
ton OF the government, without entering into the
question whether its policy had been wise or
the individuals who had sustained the losses re-
sulting from that policy. The senator from Ten
nessec expressly dsclaimed all idea OF making any
charge OF improper conduct against the admlnislra.
ton by whom that treaty negotiated, and during
whose existence these aggressons took place lie was
prepared TO admit understood from his repeated dec
istraton dictated by necessiy-was, perhaps, all
which, in the of things that then existed they could
accomplishment it may not have been within Their power
to attempt what they might have desired and what they
did unquesonably desirethe emigration OF the Indians
cotemporaneousy with the cess0n OF their lands and
thus have averted those aggresslons OF which the
memorialiss complain Whether that were or were not
the admission of the from Tennessee, although
not, the senator from Michigan snpposes connected
with that administration, have sufficient knowledge
OF the earnest efforts which made by successive ad-
mil
and especially 10 fulfil the compact which had been en-
tered between the United States and Georgia for the
removal of that portion of the Indians who within
the limits of that Sate and subsequently of those within
the limits OF Alabama 10 know that was in all human
probability, beyond the power of the government by any
efforts they could make, less than that OF physical
force 10 have accomplished the removal and therefore
that nothing in the claim which presented involves
any charge against the administration by whom the
treaty negotiated or who directed the affairs Which
necessarily resulted from IL.
Mr.. President, omit from my consideration OF this
question another thing, which might OF itself afford
safe foundation which TO rest this claim mean the
spirit Of thai, constitutional provon which requires the
government OF the United States 10 secure the people oil
each State from domestic violence Most emphaticGly
this Of domestic vioence-nelther more nor
less. Ia my Judgment is an absurdity 10 speak oil II
as public war, when II was not carried on under the
authority OF the trbe-when the majority OF that tribe
associated with the troops of the United States in the
effort TO repress IT, say II unquesonaby assumed the
character OF domestic volepce-neither more nor less
from the consequences of which the United States were
who injured by it, know the answer to this, for
has been already gwen by the senator from Michigan
tie has told us Of the opposition oi Governor Gayle OF
Alabama, to the introduction OF the troops OF the
United States within the limits OF that State but the
senator is of the truth OF the statement aiord-
ed IN the answer given by the senator IRON Ala
bama, that in doing Governor Gayle did not follow
the wishes OF the great majority OF the people oil the State,
and that repeated representations were made to this gov
enment will appear by reference TO the executive doc
umens, of the alarming condition oil that couniryi of the
pressing wants oil the Indians commencing IN the tall OF
1884, and amounting almost absolute starvation IN the
year 1885. All these facts made known 10 this
government, not merely by the representation oil the OH
cal personages OF Georgia and Alabama, but by the
port of their agent sent out for The purpose oil ascer
tanning the facts.
S sir. this consideration may be dismissed from this
discussion, upon the ground which has excluded all
the Others and which desire very briefly 10 present
to the consideration OF the Senate Sir this is no longer
an open question. Ii redeem the pledge which has
bee given by predecessors II do not violate the
engagements into which they have entered, this question
has been decided for The claim OF these people un-
less its amount shall be called in question: is no longer
open The principle which binds for its payment has
been recognised by the executive and legislative depart
ments both OF whom have taken steps TO carry into effect
the pledge which they gave by the OF 1897 that claims
Of this description should be paid by the government Of
the United States.
Mr. President, ask The attention Of the Senate for
moment 10 the consideration OF the facts they existed
under the operation OF the treaty, OF the subsequent egs
laton OF Congress, and the action OF the commissioners
who were appointed under the authority OF that egsa
their territory The great body OF 1t had been ceded 10
the United Staes and certain reservations were made
which they had permission 10 SELL under the approval OF
the President OF the United Saies and these sales
effected in 1884 am inviting the attention Of the Senate
to the consideration OF the circumstances OF this case
they existed under the operation OF the treaty Of 1884, as
the foundation OF the subsequent legislation OF Congress
with regard TO these claims.
BY the treaty OF 1882 the Indians stripped of their
tribal characters they dvesied OF their territory, and
were left unassocatei individuals within the limits
of The State OF Alabama The great body OF their lands
were ceded the United States and government proceed
ed early 1884 TO survey and expose them 10 public
sale The occupants Of these lands did not, the hon
orabe from Michigan supposes, rush upon them
Immediately after the execution OF the treaty but they
the legitimate propetors OF those which they
pied by purchase from the United States.
The Indians. whose behalf reservations made
were permitted to sell them with the appreciation OF
the President OF the United States, and they
mostly sold in the year 1884, at the termination OF that
year, then. what was the condition state OF af-
fairs Here a body OF peaceable citizens occu-
pyng these lands of which they had become the pro-
prieors by purchase from the United States. The Indians
had lost all claims TO territory within the State Of Ala
bana first by their cession 10 the government, and
secondly by the sale OF their reservations There
upwards OF twenty thousand savages, unassociaicd
by any bond which could control their individual con-
duct, who were left within the limits oil the State OF
Alabama stimulated by the love OF rapne which is Incl
dent the savage character and mpecd by the cravings
Of hunger, resulting from their destitute condition Hav
ing sold their lands in 1884, at the end of that year they
homeless horde OF starving were IN the midst OF
the peaceable population OF Alabama, subjected to the
temptations necessarily resulting from their swless hab
it's and pressing necessities Now. the proposition is
that in state OF things unprecedented, under gov
eminent protesting to afford protection to its citizens "
A. - - q A