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

States, within the Of land equal 10 y miles square
Wca Which, was as ganed 20 the shawnee Indians Of the State
OF 81 Louis, IN said Stale, Ac
That Is the article OF the treaty which read few mo
ments ago. Thus IL will be seen that the stipulation
here TO convey to the Ohio Shawnees one hundred
thousand acres IN ieesmps out OF that tract which hac
been before conveyed 10 the Missouri Shawnees for the
beneht OF themselves and the Ohio Shawnees The
seventh article OF The treaty OF Wapagh konnetta proy
ded Tor The sale OF the lands ceded by the Shawnees in
The State OF Ohio:
l. - The United States will expose public sale, TO The
OF s sssss S Of ss she pnse
after deductng from the proceeds of such sales the o.
seventy cents per acfe'--
which the United States reserved to themselves
exclusive Of the OF surveying OF the grist
ml saw-ml. and blacksmith shop nd aforesaid
OF Si3 O0O to be advanced in lieu OF Improvements, il il
the lands after sale aforesaid shall constitute fund m
the future necessities OF said tribe, parties this
The United States 10 hold this fund as trustees
Ior belr benefit and TO pay them five per cent annually
uponN There Is no stipulation in the treaty, the
aor IRON Missouri supposes, for the payment the Ohio
Shawnees OF the proceeds o the sales OF the lands Other
than the balance, after deducng The seventy cents per
acre mentioned in the treaty This appropriation propo
SEES TO pay them the net proceeds Of thai OF seventy
cents per acre which was realized from those sales
There 10 no stipulation that the United States should pay
this money to these Indians; but the contrary, il
reserved by the United States ioS the benefit Of the gov
eminent NO doubt there was consideration for 1t, be
cause the first article OF the treaty shows that the spua
lions throughout were mutually dependent The United
oiates agreed to provide them with hundred thousand
acres OF land out OF the ceson which had been made
The Missouri SbawDees; and the Ohio Shawnees agreed
consideration OF that to let the United States sell their
lands, and take seventy cents per when SO sold
This claim is not put upon the ground which the
senator from Missouri places II. have seen the argu-
men submitted by the counsel OF the ohawnees of Ohio,
and he puts on the ground that nasmuch The United
States have not set off those hundred thousand
and conveyed the tract TO them in fee simple the United
States ought pay over the seventy cents per The
fact is, the senator from Missouri has stated that the
Ohio Shawnees have emgrated TO the west Of the Msss-
slppl, and have settled among their brehrebhe MIS-
souri, Shawnees have become amalganaed with them
again as one tribe, and residing with them hold
ing in Joint occupancy this tract OF fifty miles square
tract OF nifty miles square contains, as anybody may
sand acres The band Of Ohio Shawnees as we are told
IN the treaty, amount TO four hundred in number. The
whole tribe OF Missouri and Ohio Shawnees together
amounts to about eight hundred The Ohio Shawnees,
therefore, being half the tribe and all of them holding
the land undoubtedly, have of right an undi
yded moiey of The whole. or they hold il in common
| JOINT tenants.
Now, sir, do not understand that The failure of the
United States TO lay of hundred thousand oil
justice or liberal equity TO pay TO the Indians this
of money which the United States reserved from the
sale of their lands in Ohio strict compliance with
the stpuaions OF the treaty would oblge the United
States hundred thousand acres TO be laid off
out OF the hy miles square, and in that event these In
dIans would ge but one sixteenth part OF the tract on
which they now reside. IL the United States did that,
they would be compl ying literally and strictly with that
obligation. There is obstacle in the way OF the
United States complying with that obligation. No
body can doubt but that the Missouri Shawnees
would open negotiation for that purpose Tor they
would lind II 10 their interest to do SO and il the
Ohio Shawnees are to be treated as separate tribe,
and TO have hundred thousand of the mil
lion SIX hundred Thousand which they are occupy
ing il would leave million five hundred thousand for
the Missouri Shawnses. That would be literal COM
pliance with the treaty, though by advan
ageous to the Ohio Shawnees As it is, they joint
tenants, or holding common occupancy OF this large
tract of land. The clause which the Committee on Fl
out to
Indians 500 246 %, which is the net proceeds OF the
sum reserved by the United States and il provides fur
her that this appropriation shall no, be held affect
title OF the Ohio Shawnees the land held by them
that is, in effect that the Ohio Shawnees shall be ent
tied to the JOINT occupancy OF one million six hundred
thousand acres OF land Notwithstanding the payment Of
this money II they choose 10 demand IL, TO have
separate tract Of hundred thousand laid of
out OF the one million six hundred thousand and the
money besides That is the effect of the amendment.
Sir, there is no equity in it, There is shadow Of
justification the part of the Indians for claim like
that
The senator from Missouri, however, seems to think
il is important 10 give them this money. which they
have really claim under the treaty, and that
can see in fair equity, because without they will not
go into council when propose get from them
sion OF the million six hundred thousand acres 10
which, part Of the amag tribe, they entitled
do not know that II is Important TO enter into that
treaty 10 which the referred for the cession of
the lands adjoining the Kansas which they holding
in joint occupancy. ] think that 600 would be a
pretty large price 10 pay for the privilege OF entering into
any negotiation with them for the sale of their lands
disposed, all events. wait and see even if il be
determined that II is proper to enter into that negotiation
II cannot effect il without such enormous bonus
this
As further proof Of what have said let me adduce
the patent which issued 10 the Missouri Shawnees
for this land ls44 in which these facts sufficiently
set fortb The patent rectes the second article OF the
treaty by which
1T agreed by the coatracting parties that in con
sideraton Of The ceson by the first article, The United
States should give the Shawnee tribe Of Indians within
the State OF Missouri for themselves and those of the
same nation then residing in Ohio, who hereafter
emigrare the OF the Mississippi, a OF land
Missouri
That is the provision which have read. The grant
in the patent is in these words
Now, know that the United States Of Am erica, in
consideration othe premises and in execution OF the
mens and stpuaons in the Aforesaid articles of
said Shawnee tribe Of Indians who within the State
Missouri, and who designated In the Aforesaid
article OF the convention, themselves and for
the nation who residing in Ohio, and who
the Ohio band Shswnecs by the
article OF the agreement and convention made and
cludod at Wspaghkonnctn, in the county of Alien
State Of Ohio, the 9Th day OF August in the year OF
Lord 1881"
Now, SIR is proposed to give these Indians this
OF 3o6000 and 10 leave Them in their possession ant
Joint occupancy OF one million six hundred thousand
acres OF land, when the only possible claim they Gar
have against the United States is, that instead OF being
continued in the joint occupancy OF one million SIX hun
dred thousand of land they should according
the strict treaty. be narrowed down TO the exclusive
cupancy OF hundred thousand acres, think II u
perfectly clear that the amendment IS right, and that
should be adopted.
I'll Mr. ATCHlSON There is no material difference ir
the nj hpt frnm