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

unoccupied by the Shawnee Indians who have already
settled The granted as aforesaid by mo said Ieay o.
ST. Louis then the of hundred thousand acres
hereby granted 70 the said shawuees OF oho parties 10
!hs contract shall be located under the direction Of NE
President OF the United States, on lands contiguous 70 tue
said Shawnees oi Missouri"
Outside of the fifty miles square you perceive
:" Or on any omer unaPpropdaed lands within the dis
Uai,ed States."
The patent. which has been brought up by the
tor from Maryland, was alluded 10 at the last session
but there was no stipulation IN the treaty OF 1925 author
zng requiring the President OF the United States 10 is
sue 10 the Shawnee indians patent Tor their lands. but
there was stipulation in the treaty OF 1881 with the
ONO Shawnees requiring the government OF the United
States issue TO them patent in fee simple for one
hundred thousand acres OF land
Then, sir. insist first that the United States had no
right 10 make any stipulation Tor the settlement Of the
Ohio Shawnees within the fifty miles square upon the
Kansas river that 1t was question only Tor the Mis-
sour Shawnees whether or not they would permit their
brethren of Ohio 10 settle within their limits and that
the United States had right under the treaty of 1925,
to force any such settlement
The patent which has been quoted by the senator from
Maryland amounts 10 nolh,ng II is not even evidence
of title because there not the shadow OF any law or
of any treaty upon which 10 base it and the United
States have failed TO comply with their treaty slpnatons
by not giving to the Shawnees OF Ohio patent for one
aundred thousand OF and TO be selected coDtgu
ous-thal is the word Of the reay-to the fifty miles
square granted to the Shawnees OF Missouri In that
respect they have failed 10 comply with treaty, and
they have gone beyond the requislhon OF another.
Ii the Shawnees of Ohio have received their one
hundred thousand OF land insist they have not,
they not in equity and justice entitled the seventy
cents on each OF their lands sold by the Uni
ted States in the State OF Ohio under the stipulaons
OF the treaty of 1881? Ii this appropriation be not made,
i these sixysix thousand dollars be not allowed there
is entire lanre OF consideration for The sale OF the
Shawnee lands in The State OF Ohio. for is admitted that
they have received dollar OF the seventy cents
per which reserved and they have
ceived their one hundred thousand acres of land either
with or without patent.
These the two plain points involved in this case,
and there others The Ingenuity of the
from MaIy land cannot Ind other
Mr.. PEARCE Mr. President, the parties TO the treaty
Of ST. Louis the Missouri band of Shawnees and 'be
United States. Nobody doubt that those parties uad
right TO make any spulaons they pleased not contra
dictory TO the constitution OF the United States Wei,
sir The Missouri band OF Shawnees agreed that t.ry
would accept the fifty miles square OF land granted
them, subject TO the right OF the Ohio Shawnees to be
located upon il along with them. That was their shpu-
laon and the United States when they sent the Ohio
Shawnees over to the settlement OF the Missouri Shaw
violated no stipulation with the Missouri band,
because very thing provided for in the treaty OF
that they should receive this land not for their
use exclusively but subject also to the use OF the Ohio
Shawnees whenever they should emgrae TO the west OF
the Mississippi. There was therefore violation of
any treaty stipulation by sending the Ohio Indians
10 The territory OF the Missouri Shawnees.
1t true, as have admitted already that the United
States stipulated that they would locate the Ohio Shaw
hundred thousand acres OF land, to be laid
Oft out OF the tract OF fifty miles square granted to the
Missouri Sbawnees. That is the stipulation OF the
treaty of 1881 and also that if sufficient land could not
be found in that large tract the United States should lay
of the one hundred thousand acres contiguous to n
that there land in these sixteen hundred thou
sand that would answer for that purpose That
allegation is not made The whole tribe are living com,
foraby on the sixteen hundred Thousand acres, and
when consider the number OF the tribe. we find that
this gives about two thousand every living soul
Therefore the failure of the United States comply with
the strict letter OF the treaty OF 1891 is simply this that
instead OF giving these Indians one hundred thousand
acres OF land in iee-simple II has left them with the
other half OF the tribe IN the JOINT occupancy OF sixteen
hundred thousand aces-a much better arrangement for
them If the Ohio Shawnees not satisfied with this
arrangement, they have undoubtedly nigh, TO demand
that the United States shall lay of hundred thousand
for their separate and whenever they demand
that, no doubt the government OF the United States Will
respond favorably their requests but they have
right 10 demand that we shall leave them in the occu-
pancy OF this large tract OF land and also pay them the
seventy cents per which reserved from the pro-
ceeds of their lands in Ohio ceded to and which
unq nestiosaby the consideration for the grant OF land
made by the United States in the treaty OF 1881. think
the matter is too plain 10 need further discussion.
Mr. CASS. feel great deal OF interest in this mat
ter, explained to the Senate al the last session. arr
sing out OF long official intercourse with these Indians
have known them SINCE the war OF 1872 and a more
faithful band OF Indians in the OF times to the Uni
ted States not found our frontier. A party OF
them accompanied me into the far Northwest IN one OF
the most dangerous crises of our affairs IN this country,
headed by their old chief Black hooi then eighty years
OF age and no men behaved better than they did
sion. then with me, was Black -booi's son He was in
this city at the last session when spoke OF the circum
stance, and | believe he Is here now. He was fine
young lad at the time TO which refer There also
IN that party Parks, half breed Shawnee, who married
among them, and who is one OF the most faithful men
that in the service OF the United States know
them well. They are an exceedingly well behaved
band OF Indians They intelligent and CHRISTIAN
ized and most OF them read and write They deserve
every encouragement from the government.
Now how doe. this particular stand The Shaw
nees for time, think for about sixty or sxty-hve
years. have been separated OF the bands residing IN
Missouri and the other in Ohio Both have dwindlsd
away, as all Indians dwnde down before the pressure
! of the white settlers upon them. When made the
treaty OF ls25 with the Missouri Indians, all its provs
ions in short that should give them one million
for the cession of the land which they ceded at Cape
Grardeau The honorable senator from Maryland says
with great deal OF truth that we gave them much
larger quantity than got To be sure we did oui ne
quantity which got was worth, perhaps, zen umes
much what the Indians received. mat rs me Wnoe
process OF Indian settlement You buy from tnem 'sno
near your settlements, high IN valne, ana u you give
them acre for three acres Tor one ~ ine
far West YOU make the Jews bargain with them When
YOU go West everywhere else, II ~ the local position
of land that gives value The land which they ceded
in Missouri bad attained a value The land which they
received from US in the far West beyond Missouri had
ton OF the amount of ceded and received, bu s
a question Of the value ceded and received and when
TO consider the value which we received, we
find tha, there great disparity between what we
gave and what we got.
These bands OF Indians separated for long time
i myself was present al the making OF treaty with
them prior TO 1925. When there, band from the Mis-
souri Indians over TO meet the Ohio Shawnees by
direction OF the government, attended them, with
view TO induce them TO unite They themselves want
ed to he united and from that day to the day of thelr