The daily union. [volume] (Washington [D.C.]) 1845-1857, 1852-05-19
In letter dated January s,h, 1852, he says:

ave found the Iadans al open war with The whites in
many parts OF The State and with but few exceptions
believe 10 the southern portion OF the State they hos
tile, and the between them and the whites character
lied by those acts OF apine and murder usual in Indian
warfare The country called for some relief from such
state OF affairs The miners had been driven from their
gold Mines and every day almost outrage injury
was done 10 the property OF the citizens and
return many Of The Indians killed and their stores Of
Such the condition of things which required that
collector at San Francisco dsregardng the strict nsuc-
ions OF the Treasury Department. should advance money
to the Quaermasters department 10 III out escorts for the
Indian commissioners who might pacify the Indians, and
protect the people of the State Let add that the Guar
temasters department here being in funds at the tme
promptly repaid the advance of Sl5O00O.
The senator from California then audes 10 the Of
action pursued by these Alter the negoa-
ton Of treaties with the Indians they did look the
Instructions which had been sent to Them but went far be-
yond them, and the known constitutional rule and disre
garded the rights Of the Executive and the Senate They
made treaties with the Indians not be sure volave Of
Instructions snce the nature Of the spuatons could not
be foreseen dictated in Washington) but they made
treaties in which they stipulated furnish the Indians with
supplies of food particularly beef cattle, very large
amount Having made these stipulation, they did not wait
until the treaties weesent the Executive and ratified by
the Senate but they justified themselves attempted
justify themselves for furnishing these supplies in advance
Of the ratification of the treaties the ground of the i'm
peraye necessity Of doing something keep the Indians
quiet and protect people the State They said that
the extraordinary condition of things there demanded that
they should beyond their Instructions and beyond the
h3Cer~
tain hereafter. They did this however, without the know
ledge of the administration and the complains that
they were not Immediately dismissed for so doing.
Mr.. GWIN. l say that the administration ought either
have approved or dsapproved Of their acts hey APP
proved them, the President should have
the Senate but if he did not he ought have dsavowed
the policy adopted by the agents. and appointed others
carry out the exact views of the administration.
Mr.. PEARCE. This is what the senator said in his
speech:
"He (meanng the Commissioner Of Indian AAairs) says
the appropriation Why, then, they not dismissed
Here acknowledgment that they have exceeded their
authority under the law, yet they permitted to 60
punished" &c.
So the senator goes on Let me state to the Senate
what the facts Not of the original treaties made
by the joint board by Mr. Barbour had been received by
the Executive up the Gath day of January last though
some Of Mr. Wozencros had reached the Indian office
during the year 1851 and of them submitted
the President ill the last month Mr. Barbour Of the
Indian commissioners, arrived New Orleans believe
sometime during the last winter and instead of coming
directly TO Washington, Went to Kentucky, where he
brought with him the treaties made by himself and by the
board He there received letter in which he strongly
rebuked by the Commissioner Of Indian Affairs for this
aton Of duty in undertaking carry the spuatioDs
Of treaties before the Executive and the Senate had acted
upon them. He answered the letter and defended himself
That dated the 5th Of January of this year
but he did to Washington until after the
Oath of January Then he brought Of the treaties
with him. Now is the Executive to be blamed, the
senator has blamed him. for submitting these treaties
sanr the Senate for ratification and to be charged with
covering up the transactions of the commissioner by with
holding the treaes Does the senator know that we
may desire to be furnished with information
in regard to theml Does he not think that ought
know the truth of the allegations made by the Indian
missoners before say whether the government shall
shall not honor their dras' Is n the Executive to be
furnished with this information well weS Ought
the President to be furnished with before submitting
the Senate treaties Important Ought not the President
have full time for consideration and ought he be
allowed the opportunity obtain from California the infor
nation which s necessary to enable him to act properly
the subjects Whether the treaties be confirmed
rejected it Is just important that the Executive should
have the information the subject that the Senate should
have it. would willingly do the any injustice
from his unless hs changed about the time he made his
speech for informed that the from California
expressed the Commissioner Of Indian Affairs and the
Secretary Of the Interior desire that the treaties should
now be the Senate but that they should be
tanned until the information had.
Mr. GWIN. 1t is altogether mistake. made
any such declaration to anybody.
Mr.. PEARCE There maj have been a misunderstood
ing between the senator and these funconares but
doubtedy, they understood him.
Mr.. GWIN. This Isl matter Of some Importance to my
self personally, and will the facts The delegation
from California had interview with the Commissioner of
Indian Affairs. My colleagues of the other House
with the discussions occurred that occasion
The Secretary Of the Interior have been present. but
unavoidnby prevented from attending. then stated
explicitly that the administration take the responsibility
Withholding them from the Senate, they becoming the
fixed policy Of the country. The commissioner said he
would such responsibility; that il wanted the
treaties call for them One of my colleagues in the
other House prepared resolution calling for the nforma-
ton, based upon this declaration of the commissioner
will state, furthermore that all understood at the time
that the department did intend this RESPONSE
by and that they did intend to send these treaties here
until they called for by the delegation from California
My colleague, Mr. WELLER, who had not then taken his
seat in the Senate has offered resolution in executive
son calling for these treaties Il is certainly mistake that
advised that they should be withheld.
Mr. PEARCE That was my understanding He said
that IL they in they would be rejected promptly
the Secretary OF the Interior the subject and
ceived 10 reply the following letter:
"Wasusoros, April 81, 1859.
that Senator Gw and myself have had repeated convcrsa
tons the Of the treaties with the California Indians
in which he uniformly expressed himself as opposed TO their
ratification and objected to their being TO the Senate
saying he would have them Immediately rejected. He has
concurred with the opinion that the should be
referred the Superintendent Of Indian Affairs California
fer investigation and that action here should be suspended
to await the report Of that officer on the subject
"very respectfully, your obedcn, servant
IL. LEA.
F" Hon A. ii. III. STUART
Mr.. GWIN. That is a mistake altogether. / was do
that the for beef and the of the Indian
agents should be investigated II had been charged that
there voritism in giving these contracts and
CANT prices had been paid for beef all of which wanted
be thoroughly Investigated Is that letter signed by the
Secretary Of the INTERIOR
Mr.. PEARCE. IL is from Mr.. Lea, the Commissioner
Of Indian Affairs have another from the Secretary Of
the Interior, which corroboraies what he says
DEAR aR, My recollection of Mr.. OWNS opinions in
regard to the California treaties and the proprey of sus
pending action them until report could be received from
the Superintendent Of Indian Affairs agrees entirely with