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

Jackson took the view which have presented. He
thought thai people in the condition OF these claimants
entitled 10 the protection OF the government; and IN
The ful6ment of his constitutional duty 10 give iniorma
ton to Congress OF the of the Union, and TO recon-
mend TO them such measures he deemed proper and
expedent he submitted to their consideration the inquiry
whether an indemnity could not be made for these claim
ants whose case is now presented before you. ln the
annual message OF President jackson IN 1880 ne says
"on the unexpected breaking OUT ofhosties 10 Florida,
Alabama, and Georgia i became IN some eases
ion should be made ~ law for indemnIiyng the
and would respectfully suggss, whether some provision
government for relief OF the sufferers by Indian depre
datlons, or by the operations OF our troops.
This then, is the recommendation OF the President ol
the United States in 1885, founded upon the state oil facts
which have endeavored thus imperecly TO present 10
the notice of the Senate Upon this message Congress
passed law appropriang the sum Of $4,000 ior ihe ap
poinment of commissioners, whose duty should be 10
ascertain The amount o these losses and TO report them
the President by whom they were TO be laid before
Congress These commissioners aching uhusr ,nis y, au
horly thus conferred upon them, examined into these
losses. and made report OF their amount: conhnng
themselves TO the allowance OF the amount OF actual loss
and excluding all consequential damages .ney s'aed 70
Congress The amount which is sought TO be obtained by
The present amendment
And now, Mr. President, desire to ask from the Sem
senator from Michigan. [Mr CAssl-whether, under
these circumstances, the Congress OF the United States rs
not bound redeem the pledge which that act OF 1887
gave to these clamants The act OF 1887 provides for
the appointment OF commissioners to ascertain the amount
OF these losses and requires that they should be reported
by the President 10 Congress. Suppose the act had
stopped there, would there not have been direct and
obvious implication that Congress meant to pay the
amount of losses which should by these commissioners be
thus aseerained to have existed If not, why was the
commission instituted! Here was memorial before
Congress here was recommendation from the President
Of the United Saes 10 Congress TO consider whether IN
demniy these people fer the losses they had sustained
shoudnot be provided Acting upon this memorial, and
in consequence OF this recommendation, they passed
law requiring the ascertaInmen OF the amount OF these
losses Aud thus the inference is inevitable that the
faith Of the government by that act, pledged
to pay any loss which, upon competent evidence could
be shown to exist Surely the Congress OF The United
States did not TO iile with these claimants they
did moi subject them 10 the Inconvenience OF at
tending before these commissioners with their Witnesses
for the purpose Of asceanng their losses, and then to
turn round TO them and say, We have ascerained that
you have sustained such amount oil loss but we DO
not hold ourselves liable to indemnify you for it,. Un-
der such circumstances how would the government have
the rebuke OF the claimants when they SAID TO them
"Whyd did YOU subject to the useless trouble OF ascer-
tanning the amount OF claims if when ascertaned to
your satisfaction, and beyond the possibility OF their ac
cuacy being denied, you did not intend to pay them
Mr. President, examination OF the act OF 1887 VIII
distinctly prove that this liability Of the government does
not upon implication alone. Acting upon the recon-
mendation of President Jackson in March, 1887 Con.
gress passed appropriation law the second secuoh OF
which is in these words:
That the sum Of S5 be- and the is hereby, ap
propracd of any money in the treasury MOI otherwise
by suitable agents 10 inquire depedaton
by the Seminole and Creek Indians on The properly
OF czens OF Florida Georgia, and Alabama Immediately
be fore The OF actual hostes the
said respective tribe OF Indians; what portion OF the
tribe engaged in such hosiilities and what
depredatons have been committed by remnant OF said
tribe supposed TO be friendly, and part Of whom were
body Of them OF the Mississippi and that
the President report the information so acquired 70 Con-
Now sir maintain that, upon the state OF facts ex
isng al the date OF this law its passage, and the mere
act Of authorizing the appointment OF commissioners 70
nqure into these claims and TO report Their amount was
pledge on the part OF the OF the United States
that they would pay such claims might iafy De ascer
tanned 10 be due But the law does not stop there. IL
proceeds by way OF exclusion 10 specify the cases IN
which il will pay
"Proriisd Nothing hereinbelore contained shall he
construed subject the United States 70 pay Tor depfe
daons provided for by the act OF ApT9 i5lo aud Tue
acts amendaory thereto nor by acts regnaunI me inter
course between the Indian tribes and the United States
By limiting the obligation OF the government 10 the
paymen Of these two classes oil claims The Congress OF
The United States in this act. expressly stpnates that
they would pay all claims which could be brought within
the provisions OF the act OF 1916 within the principle
of the intercourse act.
No what we have 10 do ia to ascertain the true char
acter OF the pledge given in the act Of 1887 the part OF
Congress- il referred the intercourse act The 18th
section OF that act provides
stTba, IL any indian or Indians belonging any tribe In
amy with United States shall within the Indian
try, take destroy the property Of any person lawfully
S,o any sSS State Of feacy nhsbiSsd by citizens Of The
United States
The first part OF this provision applying TO the prop
erty OF citizens OF Alabama. and the second to the c,i
zens OF Georgia)
"And there take, steal, destroy, any horse horses,
or other property belonging any citizen nhabitant OF
the United States. such citizen inhsbant, his represent
alive, attorney, or agent may make application 10 the
proper superntenden agent sub agent who, upon be-
ng furnished with the necessary documents and proofs
shall under the direction OF the President make sppca
ton the nation tribe which said Indian or Indians
shall belong for satisfaction"
And il proceeds provide that, these facts being
ascerained the amount OF such losses shall be withheld
from the amount OF any annuity which such tribe Of
y they shall be paid out of the treasury Of the United
States Now, the 'Indan country" is defined in the act
OF 1884 The country an which these aggressions were
committed not within those limits but the act OF
1897 has applied TO these claims the principle OF the act OF
1884, by the appointment oil commissioners 10 ascertain
the amount Of losses, and by the stipulation that they
would pay such claims within the act OF 1916
or wnhin the provisions Of the intercourse act.
submit 10 the senator from Michigan whether resist
anee to these claims is longer consistent with justice
certainly, be no longer dictated By feeling, when all
mpuatons against the conduct OF the administration by
which this treaty negotiated are dsavowed and
when the claims based the action OF the President
and Congress COMPOSING that administration, which have
thus briefly exposed 10 the Senate II the depreda,ons
doubts that under the provisions Of the intercourse law
Of 1894, they would have been chageable the treas
ury OF the United States unless there had been Indian
annuity from which they could have been deducted But
the act OF 1887 limited the obligation Of the United States
pay for such losses provided for in the two
of the act OF 1916 and the act OF 1894 and Con-
gress by limiting their obligation to these two cases
pressly bound themselves TO pay such losses came
within the provisions OF these cases
submit to the candor and sense OF Justice OF the sem