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


pagh konneiia Indians should have hundred thou
sand acres laid of by doubt the power OF the Uni
ted States TO lay on any land out OF that which had been
previously granted. doubt the power OF The United
States TO make the division among them But, however
that may be, is certain that what gave TO the OHIO
Indian, we had already received payment Tor from The
Now. put this sou please any possible legal point
oil view Here was tribe OF Indians dealing WIN US
we gotta very valuable property from them a. Wapdgh
konnetta for which have paid Them nolbng al all
appeal 10 the Senate II that should be SO
Besides The senator says that seventy cents was re-
sevedfor WHAT No can say, except that the Uni
ted States had the stronghold and would keep H. That
is all Besides, that not permanent compact. as
the honorable senator from Maryland seems 10 suppose
for IL recolIect Alright the reserved fund may be dis
solved and paid any moment by the President OF
the United States Congress. II is according the
very terms OF the treaty OF 1891, temporary arrange
ment, and whenever Congress the President think
proper pu, end TO It, il can be done but then the
fund must be paid over 10 The Indians. We ground the
pay to them long they should think proper TO re.
ceive ii and II they should be dissatisfied, il should be
dissolved, and they should receive it.
Then lei US look at the We got the land of these
Ohio Shawnees from them, and we sent them over 10
occupy land belonging 10 their brethren, The Missouri
band OF Indians Tor which their brothers had paid
and now, when they and ask us payment, we say
10 them, this is the literal construction of your bar
gan--we have got your lands, and we shall not pay
you" may have more zeal than some others in this
in the prosperity of these Indians. | know them and
when proper opportunity offers ITSELF Congress should
give it's mark OF appreciation TO Indians who have con-
Quoted themselves like them, and who have Stood be
tween The British Indians and frontiers, and saved
the lives Of our own inhabitants That is my opinion
Mr.. BAYARD. should like TO know if this case was
before The Senate the last session, and disposed of
By, q vote adverse to the payment of the money!
Mr., PEARCE. j was
MIR. BAYARD If SO, according to my recollection Of
the debate which then took place, formed very decided
opinion against the allowance.
Mr.. PETIT. | entirely concur in The view OF this
subject which has been taken by the honorable
from Michigan and the honorable senator from Missouri
desire to call the attention OF the Senate for moment
TO The provisions of the treaty made al St. Louis with the
Missouri and twill be found from that that this
reservation OF the land granted to them the far West
not given 10 them and the residue OF the divided
tribe in Ohio. No gentleman from reading the language
of the treaty itself, could believe thai il title
single rood, or single square nch OF the fifty miles
square in that portion OF The tribe which still remained
in Ohio. The trt atty made with the Missouri Shawnees
in 1925 was, according 10 its title, made betweea Will
liam Clark, superintendent OF Indian affairs, and the
chiefs and headmen OF the Shawnee nation OF Indians
residing within the State OF Missouri, duly authorized
and empowered by said nation"
Then il will be seen that this treaty was between the
Shawnees OF Missouri and our superintendent OF Indian
affairs. What Is the stipulation? First, the Shawnees
coded their twenty five miles square at Cape Grardeau
which they held by undoubted tile from the Spanish au-
thortes. L
In the second article we find the following :" II is
further agreed by the contracting parties. Who the
contracting parties' The Missouri Shawnees upon the
side, and the United Stales upon the other The
Ohio Shawnees had part nor parcel in this contract
Il, is further agreed BY the contracting parties, that in
consideration OF the cession Aforesaid"
Now, what that cesslon The Missouri Shaw
had in the preceding article conceded twenty-five
miles square at Cape Girardeau. The Ohio Indians
had rot paid dimes and why should it be considered in
that vew ve'tng in them title to lands Tor which
they have not paid single arthing But II read fur
the will lind that by the very terms of the treaty,
constituting by principle Of law you see fit TO apply
10 it, the Ohio Shawnees have not one scnlla OF legal
title 10 this property.
Mr.PEARCE | think that the senator misunder-
stands me upon that point never affirmed that the
treaty. uf staua IN ShayEn In
vested the title in the Missouri Shawnees bat subject to
the conditions that the United States might thereafter
send among them their brethren, the Ohio Shawnees
who, in that event, shoIld be entitled with themselves
10 the lands And then, by the treaty OF 1884, which
made in pursuance of the spualions OF the treaty OF
1875, did send them there, and did in the Ohio
Shawnees the title TO one hundred thousand OF
the hity miles square which the Missouri Shawnees
were then living. We made that stipulation, as we had
Mr. PETIT | am certainly not willing TO nisunder-
stand the senator, and glad that he has made the
correction but did understand him TO insist that by the
treaty OF 1895 there cesslon OF land To this d.
vided tribe, the TWO fractions oil II, when they should
come together But IL will be found reading the
treaty. that FAR from its being cession TO the Ohio
Shawnees, far from its reserving any right TO the
United States TO plant the Ohio Shawnees there IT is quite
the reverse. Ii was question simply oil gratuy, OF
kindness, OF generosity, on the part OF the Missouri
Shawnees as to whether not they would make any
reservation for their brethren, the Ohio Shawnees The
provision reads
I" further agreed by the contracting parties that in
hereby agree give Shs Ibe OF lndians within
the Missouri for themselves, and for those OF the
residing in Ohio who may hereafter emf
gate to the west OF The Mississippi, tract" So.
Here, then, is a stipulation give TO piece of land
for himself and another the other goes there
Where is the title in that casel No gentleman will pre-
tend for moment that has any title in H. assert
any title He s not vested with any title; the deed
in him, Tor be is not the grantee and there
must necessarily be in every such deed gtanor and
tee. Persons must take ia present. and therefore, &C
codipg TO the rules OF law, but the Missouri tribe
OF Shawnees could according TO the treaty, take this
land II is very probable that there some talk among
them at the time that their brethren OF Ohio thought oil
going west, and the Indians may have said, we will re-
ceive brethren upon portion OF our land but II was
matter al suferance. and suderance alone and depend
ed, at any rate, upon their going there
Now, the Shawnees of Ohls have not bound them
selves the treaty of 1881 to TO the land of the Mis-
SCUM Shawnees Suppose they should have refused TO
90 there then what would they have got They would
have ceded their lands in Ohio without receiving cent
for them They cent TO The lands of the Missouri
Shawnees The title TO that land had already been vest
ed in the Mis- Shawnees and the government of the
United States could not dIvest and transfer ii the
Ohio Shawnees. To my mind there is nothing in the
world palmer than that have got the lands OF The
Ohio ShawDees without paying them--wbou ceding 10
them the hundred thousand acres stipulated to
cede them, and without having paid them the residue
OF the money beyond the expense OF removal which
to be paid OF the proceeds of the land into the treas
ury for their benefit and which to be paid to them
in gross when they should desire IT, 1t seems to that
there is excase apology, for the performance
oil this contract part.
have nothing 10 say reference to the fidelity and the
services OF these Indians. know nothing about that
But surely has been gowing and warmly described
that II were question of feeling parl, the eo
n The L.. M.zl.~ hasa