The daily union., 1852-08-17
CONGRESSIONAL.
DEFERRED DEBATE.
WEDNESDAY, AUGUST IL, 1852.
(ooNCLuDED.l
SENATE.

INDIAN APPROPRIATION BILL
The bill having been reported to the Senate, and the
amendments made IN committee agreed TO,
Mr. COOPER said; The bill, believe, is still open 10
The PRESIDENT. Yes. sir.
MIR. COOPER. ! move 10 insert at the end OF the
amendments OF the committee the following amend
ment;
THAT there be- and Is hereby appropriated ont Of any
30 much hereof as may be found 10 be due by comp
oer OF the treasury for carrying out that portion oi'he
berokees and thai the su so found 10 be due be paid
to tho partes equilably entitled thereto"
Mr. HUNTER. ] hope the senator will not persist in
pressing that amendment, il being controverted and
debaahle matter We are very anxious TO get through
Mr.. COOTER. Mr.. President. have no personal
wish all 10 press this matter before the Senate but
this amendment was agreed upon by the Committee on
Indian Affairs, who decided that this bill the proper
place 10 provide for the appropriation was directed, ac-
cordngly to prepare the amendment which is now FRO.
posed, and do not feel al liberty 10 withdraw it. But
do not think il is matter that will occupy the dis
cussion OF any considerable length of lime would be
perfectly willing TO Crafty my friend from Virginia by
Withdrawing it, If elt al liberty to do but do not.
will briefly explain the circumstances under which
the claim arises and do not believe there will be found
any one its JUSTICE if they understand the
obligation of the government as understand il, and as
the committee unanimously understood it. II this:
In 1850 an appropriation was made TO carry out the
treaty OF ls46 with the Cherokee nation OF Indians
large sum appropriated for that purpose. There
wee besdes the Indians, other claimants upon the appro-
ployed This sum is intended 10 pay the Messrs Ken
DALI who their attorneys under agreement
ed into in ls43, and ratified repeatedly since
Mr.. HUN Err. Ii The senator will allow me- | think
can save some time. As understand. the amendment
is not in orders the Senate is not instructed by the Com
mt,ee Indian Affairs TO offer amendment TO the
bill, but have reported it as separate measure.
Mr.. COOPER 1t was agreed TO by the Committee on
Indian Affairs. will explain it TO the gentleman in a
moment In the first place, bill was reported and went
upon the calendar. Afterwards the claimants 10
the committee and asked permission put il upon this
bill. There no formal vote, but agreement on
the part OF the majority OF the commee-every one,
believe, concurrlng out OF committee that il should be
offered, and one member only being absent; that il
comes up all other amendments 81 this kind do, with
the appreciation ol the committee. The member who
was aDsent is detained from his That is the
position of the matter.
was about to state how the claim arose II arose BY
an agreement entered into in S43 by these gentlemen,
prosecute the claim OF the Cherokees against The
government and upon the other band of Cherokee In
dians. power OF attorney giving them five per cent
of whatever money should be recovered was the com
pensation they were TO receive. Accompanying thai
power of attorney there was assignment Of the fund
and direction 10 the government 10 pay the attorneys
five per cent assigned. But in the passage of the bill
to which referred the senator from Wisconsin Mr.
WALxERl offered amendment, directing the head oi
the department charged with The disbursement of this
money pay part OF TO agents or others employed
in the prosecution of the cam but 10 the Indians per
capita That amendment was adopted, although II was
suggested at the time that it would unavoidaby lead 10
the involvement OF the United States in claim upon the
part OF those whose services had been rendered. and
whom an assignment OF the fund made, and
direction 10 the United States 10 pay j.. The par
lies prosecuted their claim, supposng that il was
right OF which legislation could not deprive them bu
the Secretary of the Interior obedent TO The inslruc
lions contained in this amendment refused to pay II
They prosecuted their claim went west 10 Arkansas and
endeavored TO procure it there from The Indians They
failed They now come back, and have submitted their
claim TO the Senate. 1t went 10 the Committee on In
daa Affairs and, have stated, bill reported fo
their relief upon this prncple-one presume that every
honest will recognise; that here was fund due tc
these men, in consideration OF services rendered, which
the United States in,eered 10 prevent their receiving
They bound, having nieered TO prevent the recep
ton OF it in the pointed out IN the agreement io
make good TO the party the loss which he sustained IN
consequence OF their act Iii simple principle Of law
which would compel the payment ol this claim by this
government. If the government were like an indiv dua
and subject TO a suit But it is not Appeal must there
fore be made TO its equity through Congress and as
that Congress will do this man justice. This amend
men through abundance Of caution, provides that The
claim shall again 20 to the comptroller, in order that h'
amount may be asceraned and whatever is found 10 b,
due, shall be paid. This simple statement bre as II IS
will put the Senate IN possession o al! ne facts oil h'
case, and appeal TO their justice TO pass IT.
Mr. HUNTER. rise TO question OF order Is no
this private claim and, such, is il not excluded un
der the ruler think IL is.
MIR COOPER. know that there have been decisions
which would to warrant the opinion that this Is
private claim and falls within the rule. And presume
that from the DECISIONS or inmations rather, made bl
the Chair, such the opinion OF the Chair prevlou
10 Yesterday But you will bear in mind how this clau
arises II arises under treaty. The government pat
OUT the whole fund.- and This is TO make goods Is alb
soutey to make good the treaty. Although Il is
claim upon the part OF private individuals, and is TO gt
to private individuals yet IL substantially carrying int
effect the treaty Of &c and II in that view that pre-
sent IT, III had been simply private claim, and no
intended TO carry out the 5h article OF the treaty Il
which have REFERRED alter your intimaon certainly
should never have proposed II here. should have dom
nothing OF the kind IL regarded IL as private claim
for at this time OF the session should not desue 10 taxi
up the time Of the Senate under such circumstances.
Mr. HUNTER / do not understand that this gentle
ms wa yer
contains no stipulation in relation the payment OF thi
gentleman and therefore this is but equity claii
which il SET up They say that, owing 10 that proyis
ION of the appropriation bill which requires the money
be paid 10 the Indians per capita, you deprived them o
the means of collecting their pay from the Indians
they had expected. This is mere equitable claim
which /, seems to me should be ruled out OF orer.
Mir COOPER One word--I will detain the Senat
but moment This is part OF the fund, substantially
that the treaty stipulated should be paid 10 the Indians
The PRESIDENT. A question OF order has bee
raised and the Chair must either decide upon or reie
10 the Senate for their decision. The Char has locke
al The amendment but cannot discover from anything
The amendment itself that II relates TO private clam
lhe amendment is as follows:
That there be- and is hereby, appropriated out Of an
money n tue treasury otherwise appropriated the sur
oi SoOOo much thereof may bc found due 10y III
comptroller the treasury, in carrying out tue 0th article
te ueaY OF 1876 for the benefit oil the CheTokeesi ana iha
the sum thus ound be due shu be paid TO the part
eqnitsbiy entitled thereto"
From the reading OF the amendment the Chair canno
decIde thal lhls ls private claim.
Mr HUNTER, | shall not appeal from the decisio
OF the Char. But rise TO ask the Senate, upon con
hderson of all the circumstances in this case, not
put tins amendment upon this bill Ii should come up