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

ion believe il will be made rome time and think il
ought 10 he made now.
dicament with the senator from Wisconsin voted with
be senator from Arkansas al the last session. but have
since examined The subject and am thoroughly con-
WINGED that private property belongs 10 any senator in
This chamber by better title than that by which these
Indians claim this money.
Mr.. BoRLAND. One OF the considerations presented
al The last session. II my memory does not fail me- In OPP
position 10 this allowance was that although it purpoed
10 be provision for the payment OF the money to these
Indians. large portion Of belonged 10 agents and at
toneys and that assignments for it were on hle IN the
Mr. PETIT; Such assignments are not worth a
straw under The law.
Mr. WALKER. would call the attention OF the SEN
aor from Arkansas TO provision adopted in the Indian
appropriation bill at the last session. which applied TO the
appropriations then made, and also prospective II
is IN these words:
And be it further enacted That no part Of the appro
raons herein made or that may hereafter be made Ioi
the benefit OF any tribe parl Of tribe Of Indians snail be
part of tribe but any be paid directly 10 the In
dian or Indians themselves entitled or to The tbe OF part
Of tribe, per capita; unless the mpeIous necesses OF
he Indian Indians treaty stipulation, shall re-
quile the payment to be made Otherwise.
If that provision does not save the Indians, is not in
the power of Congress to do it.
Mr.. WELLER. | believe this claim was defeated at
the last session, upon the allegation mat ,he money
would go into the hands OF certain agents and attorneys
here instead OF benehng as we desired to DO the In
dams themselves IL rejected, not because the Sen
ate regaTdaa 1t as an unjust claim or an inqullons de
mand, but because the money would lnue to The dement,
OF other persons than the Indians have no Iecolec-
lion how voted upon the subject al the last session
nor is il matter OF any importance Tor me 10 know
have paid some attention 10 The argument oil the ques-
ton and am entirely satisfied that justice requires lha'
we should vote them this appropr a'lon. shall have,
therefore, hesitation In voting Tor II, no mailer now
may stand recorded in regard TO il at The last session OF
Congress. Although this may not be legal demand
within the technical meaning OF the phrase yet hold II
10 be just and equitable and one which The govern
ment OF the United States should respect have but one
rule 10 govern in this matter, and that IS, That the
government Of the United States ought never TO do what
| an honest man dare not do. The rule by which am
governed in the adjudication OF these claims 49, that
whatever honest man would be compelled TO do by
the rules of society order maintain the reputation OF
honorable among his nelgh5os, the government
OF the United States oush, always TO do.
Mr.. BAYARD. ! should be very sorry to Introduce
into legislation the views which the honorable senator
from California thinks ought to obtain. u we are to
substitute the vague and general opinions OF individuals
as TO what constitutes honor or honesty as rule Tor
governmental action, where will you be landed will
be something like the ancient doctrines OF the courts Of
equity have heard great deal in this chamber OF law
and equy but let remind gentlemen that IN The irs
origin OF those courts equity consisted IN the length OF
the chancelors foot; and as there are great many ee
in this chamber and some about as elastic as India rub
ber think you VIII hnd the honesty and justice OF
claim TO depend perhaps upon the weight OF influence
that may be brought to BEAR and upon the particular cir
cumstances OF the friends who may choose TO urge it.
Such would be the result OF the abandonment OF all general
principles OF right known, fixed, and established princ
pes which do moi the opinions OF each
ual as 10 what A, b, and think is right in regard 10
particular transactions differ, therefore, from the hon.
orable senator from California as TO what ought TO be
the principle of legislation in reference TO Indians, or
other parties Bu do agree that with reference TO In
dams would carry the principle OF relief 10 them very
far when saw any ground for II. would stand upon
no strictly legal rights with regard to them would ex
tend to them The utmost equity. speak now OF rational
principles OF equity, deducble upon sound rules. would
give them the utmost benefit oil that In The Interpretation
OF any contract made by them with the government, but
would not go beyond that
olsen
has asen confess have not been able TO see shadow
OF ground for it. And further, in my own belief not
Withstanding the very stringent povisions read 10 The
Senate by the honorable senator from Wisconsin, the
money is not for the Indians bat for those who are
boring ior it And to my certain knowledge, those
people laugh 10 scorn all your provisions OF law against
their getting hold OF II. | have my self been asked 10
give opinion whether this CLAIM was good one with
a view TO lis purchase.
Mr.. PETIT wish to ask the senator from Della
whether ought TO refuse TO pay an honest debt
that honor and law and conscience alike bind US TO
pay-even though thief may stand at creditors
back 10 rob him the next moment.
MIR. BAYARD OF course not. | agree with the SEN
ator in that but think this is not good claim.
Mr.. WELLER. think laid down rule few min
terms that my friend from Delaware ought no, to have
taken exception 10 it, Now, desire to know II he,
senator, will vote here 10 reject claim which,
honest and honorable man. he would consider himself
bound 10 pay That is the rule lay down. II there be
presented 10 Congress claim which, il presented against
me Individual should be bound In honor and JUS
ice 10 pay, VIII as "a senator 10 Hqudae tbat
claim. That is the rule which would have the govern
nen OF the United States observe in settling with its c
Zens IL should observe the rules oil morality and
honesty that honorable compelled 10 observe
their private transactions That is the rule that have
prescribed for my action; but undertake TO say
that the government OF the United States is every day
doing what no honest dare do | mean by that TO
say that If private individual 10 refuse IRON day
to day to pay his honest debts he would be kicked out OF
the community. No man who is Justly and fairly in.
debted 10 another delay the payment OF his debt
from year 10 year, upon the ground that it does
not suit his convenience 10 discharge and maintain the
reputation OF an honorable man II claim against
honorable bound TO discharge 1T, will vote 10 pay
that claim out oil the national treasury when IT is
claim against the government 1 know nothing OF those
nice distinctions that my friend from Delaware endeavors
10 draw between the transactions OF the government, and
the ransactiors OF individuals think that that which
orable in the government That, sir, the rule which
laid down, and was very sorry that my friend from
Delaware found necessary TO dissent from it.
Applying that principle 10 this case, say that II this
be Just and equitable claim on the part OF the Shawnees
az anst the government OF the United States whether
not it be strictly legal claim, would vote to pay IT.
will not, in the intercourse which may have with the
Indians OF this country hold them TO rigid compliance
with the letter OF the law will look into the equity OF
their claim, and If IT be such individual would
be compelled TO respect, will vote the public money to
provide for it,
Mr. BAYARD. Mr. President, the honorable senator
from California Misunderstood me entirely will not
detsn the Senate now, but will probably take occa-
sion hereafter, another OCCASION TO explain my views
in regard to what consider the danger of applying 10
action the individual opinions Of men, instead
OF having general controlling principles to guide
In regard TO the question which has been put to
answer al once that there are hundreds OF in
old hat