The daily union. [volume] (Washington [D.C.]) 1845-1857, 1853-03-30

The amendment was agreed TO-
The second amendment insert after the proyis-
ION Tor presents 10 The Indians, the following
For expenses already incurred. and that may GREATER
be necessary ior vaccination of Indians, $1,000.
The amendment agreed 10.
ihe thlrd amendment 10 insert after line As, the
following
For deficiencies in the fund for contingencies Of the In
dian department, $4,000
The amendment was agreed 10.
THE sHAwNEEs
The fourth amendment was to strike out the following
clause
for payment in full Of all cain under that part of the
treaty oi 1881 which has relation the grant Of hun
shawnees 500 2i6 23 Prouded That the receipt therefor
shall specify that is in foil satisfaction OF such claim nd
the Ohio % o nnd ande nn the
Of 1870 and 1881 within thc fifty miles ceded to The
Shawnees oil Missouri by the treaty OF lc2, "
Mr. ATCHISON. (Mr. Foor occupying the char) AL.
though am aware that II is against the usage OF the
Senate Tor The presiding officer TO come on the floor
and engage in debate. must ask the indulgence of the
Senate Tor few moments this occasion. This is a
claim in which feel deep interest think that il IS
just claim. | think IT is legal one, and which
would be enforced in court of justice. II passed the
House OF Representatives the last session well at
this session. and the justice OF the claim has been recog
Missed by the House. But, sir if there nothing in it
nothing in It's equity its legality would insist upon
ii as matter OF public policy. These Shawnees
convinced that they are entitled to this money, and
process OF reasoning o argument will ever satisfy them
the section of the bill which the Committee Finance
propose to strike out We have appropriation in this
same bill 10 provide for certain treaties to be made with
| Indians in the Territory of Nebraska the Shawnees
among others. If il be The policy and the design of the
government TO make treaties with these indians for the
exiting nguishment OF their title 10 lands in that Territory,
never can effect treaty with the Shawnees they never
will come into council for the purpose Of treating,
less this treaty stipulation they consider it, made
in 1881, is carried out in good faith, as they nnder
stand IT, y. ..
The Shawnees had delegation Of their principal chiefs
here the last session of Congress. Parks BIackhoof,
Sar- -keesem moe, and Spybuck were here then. told
them al the time that not satisfied OF the equity and
justice OF their clamtha doubted very much in rela,
ton 10 it; but, upon further examination, after having
looked at The treaties and the documents became per
fectly satisfied that the Shawnees OF Ohio had equa-
BILE, If not legal claim upon the face OF the treaty, this
money. What is the title OF the Shawnee Indians to the
land the Kansas river What is their title the
900 appropriated in this bill /! Let me look at
that e,.
In 1925 treaty entered into with band OF Shaw
nees, called the Missouri Shawnees, who then owned
twenty-five miles square in The county of Cape Girar
deau in the State OF Missouri they agreed to elinquish
to the United States all their right title and interest in
and TO those twenty five miles square, and the consider
alton for that REIMBURSEMENT OF their titles TO lands in
Cape GraIdean county, Missouri, that they to
receive from the government of the United States fifty
miles square al some point west OF the State OF Missouri
believe the tract OF fifty miles uare designated by
meles and bounds, to commence al the southwestern
boundary of the State of Missouri but If after examn-
ing that country they should not be satisfied with it, they
allowed permission TO selec, the like quantity else
where They were dissatisfied with the land desg gnaed
commencing at the southwestern boundary OF Missouri
and they to the Kansas ver and agreed 10 take fifty
miles square lying south of ,ha, river They settled
upon that land, and their boundaries have been desgna
ted and laid of TO them, .5 81. a
There was also in the treaty made at Cape Grardeau a
provision that the Shawnecs OF Ohio might settle with the
Shawnees OF Missouri upon this tract OF fifty miles
square. In 1881, after the Missouri band had settled
upon The Kansas, treaty was made near Ssndusky, in
the State OF Ohio, by which the band of Shawnees re-
naming in that Stale agreed 10 relinquish the govern
men OF the United States all their right title, and nteres
to certain lands there and part OF The consideration or
the cesson OF those lands was reservation OF seventy
cents per 10 be retained OF the proceeds OF the sales
OF The lands No pretends that they have received
dollar OF this amount They were, in addition TO that
entitled 10 receive hundred thousand OF land
west OF the State oil Missouri Now, is conended that
the tract OF one hundred thousand OF land TO be
given 10 them to be laid of 10 them under the terms
OF that treaty, for which they were to have fee simple
title. The government OF The United States has
paid them any portion OF the seventy cents per
served from the sales OF their lands and they claim tba
the government Of the United States has never laid of
the hundred thousand OF land for their use. in
conformity 10 The treaty made with them but they have
settled upon the lands of the Missouri Shawnees and
lived with them. The two bands the Ohio and the Mis-
sour bands OF Sbawnees, constitute nation,
tribe, under the same chiefs. They share in the annui
ties of both which received from this government
and believe they have equal interest, or at leas
claim equal interest, by arrangement between them
selves 10 the fifty miles square upon the Kansas river
These, according 10 my recollection, are the facts
examined the question at the last session OF Congress
My attention has not since been particularly turned
IL but think that have substantially stated the fact,
OF the case.
Now Mr. President, admitting that the ingenuit,
OF the senator from Maryland tMr. PEARcEl may fnt
some flaw IN their claim as to lis legality insist upor
the point first made that If you expect make treat,
with the ShawDecs west OF the State OF Missouri on The
Kansas river nbabilng and occupying the best portion
OF the proposed Nebraska Terriofy-wbch trust ma,
be organized before Congress adournsyou canno, eec
treaty with them for they believe they entitled
This money; and II you do not carry out in good ai,f
the treaty they understand IT, they vii refuse to hole
a council with your commissioners Hence public poll
cy requres in my opinion that this demand should b.
allowed. il there should be found neither law
equity IN H. a3 @.H EHU 81 i a@ ID +. 4 +. H
! Mr. PEARCE. Mr.. President, think that the sena
tor from Missouri is not quite accurate in all OF bis
mens In much, however, that he has sad be is
but there is material fact in winch think he is 10
tally mistaken II the Senate will allow to begin a
the beginning, will state briefly possible what arr
the substantial facts OF the case 70
/ There are two bands of the Shawnee Indians-one o.
which nj the date OF the treaties OF 1925 and 1891
sided in Missouri and the other in Ohio. BY the treat
of 1875. made with the Missouri ShawDees it was pro
vded that they should cede TO certain tract of Ian,
which they bed Of twenty-five miles square, as the sen
aor stated Among other slipulations, on our par
agreed 10 convey to them tract OF fifty miles square
much larger tract the Senate will perceive-fou
times as large The tract Of land which thus agrees
by the treaty OF 1895 to convey TO The Missouri Shaw
own use. benefit and ownership solely, but for The
benefit, and ownership OF themselves and the band o
Shawnees residing in Ohio Here is the stipulation:
at is further agreed by the contracting parties that
consider alton of the cession aforesaid the United States
hereby agre. to give the Shawnee tribe OF ndirn.
the State oil Missouri for themselves and for those of ,b
same nation now residing in Ohio. who may bercafte
emRrate 10 the OF the Mississippi, of Ian