The daily union., 1854-02-24

now having resting place OF the organized States
Nay u Is present violation o those treaties IL will
bring upon them irremediabe calamiiies, and will,
within lew years, consign them 10 utter annihiatIon
am very much indebted 10 gentleman recently mem.
Der OF the House OF Representatives, Mr. Howard. Of
fexas,l Tor digest OF these treaties have il here in
the Congressional Globe of last session II will greatly
facilitate and expedite the examination OF the subject to
use his digest rather than to efer 10 the treaties them
selves Before proceed to speak particularly Of these
treaties wish TO TO the act Of 1880, to provide
Tor an exchange OF lands with the Indians residing IN any
OF hr oales or Territories and Tor their removal west OF
the Mississippi" By the third section OF the act il is
provided that in making the exchanges, sit shall and
may be lawful Tor the President solemny to the
tribe or nation with which the exchange 10 made that
the United States will forever secure and guaranty to
ihem and their heirs and SUCCESSORS the country
EXCHANGED with them and II they prefer it, the United
States will cause patent grant to be made and
culed 70 them Tor the same" This is certainly very
strong language The President is authorized only
TO give an assurances but OF the most formal and sol
character only that they should be permitted
occupy their new homes in peace, but that the same
should descend TO their children, and their chdren's
children forever; and, moreoye that they might have
the option Of absolute title secured by patent under
the manual OF The President and bearing the broad
seal Of our republic Considering that We were about 10
deal with poor, benghed, irendess Indians, such
enactment imposes all the obligations OF the most
solemn treaties; and have moral right either 10 sci
them aside, or to evade, 10 the slightest degree their
force. Such your legislation based on the policy OF
removing the Indians from The east side OF the Mssis
slppi west Of the organized States II was your pol
ICY 10 lake them IRON their homes-0m the graves ol
their fathers, their wives, and Children across The
"Faiher OF Waters into land they knew not and
10 induce them to yield all ,ha, deem sacred. we
said To Them You shall have here an abiding place
here you shalt no longer be disturbed by the laless.
pursued with opportunities 10 yield your new abode
Well. slr, the treaties were mafs; the promises were
all given, and the Indians induced 10 remove
though with much difficulty. Even military force bad
to be employed TO some extent, do not mistake the
history Of The country. will not speak OF the hard
ships OF that journey nor OF those greater hadships
which they must have encountered when they found
themselves in the far West without dwellings, and with
inadequate subsistence. This measure had. in TACT.
e reference TO The true interest OF these unhappy peo
ple whatever sons 10 that effect may be found IN
The public documents but much more 10 the advance
meni Of the States from which they were Ienoyed ~
appeal to Heaven and which the highest considerations
OF duty nqalre Us 10 execute and fuinl. what. Mr
President are these treaties! fud that they divide
themselves into three different classes FIIs treaties
which stipuae express terms that The lands ceded shall
be included within any State or Territory without the
consent OF the Indians Secondly, treaties which contain
the stipulation, without any qualification wha,ever-
that say The words without their consent are elt
out, that the stipulation is absoue and in the third
class there nothing said in express terms about their
being ncuded in any Stale Territory, but language
is used of equivalent character The language ~
every instance imports that these lands we're TO be tnelr
permanent home and final abiding place
ask honorable senators tell me, when it is said to
Indian tribe that they shall have certain tract OF
country permanent home. what IS meant BY 1t! Do
you intend that they shall understand II as importing
guarantee that they shall have IL abiding place Tor
ever Indeed consider the language OF those treaties
which contain oaly general words as importing the same
thing the precise spulatons OF the hrst Two
classes OF feaes, particularly as Their general words
themselves with the third section OF the act OF
1850
But, Mr. President, my friend, the chairman OF the
Committee on Territories insists that he has delivered
the bill from the oblecuoDs which now urge In the
first place. admitted that the lines popounded
within such Territory the Indian lands thereto appeain
ing or other words, the exterior lnes OF Nebraska
embrace portion OF these Indian grants, and the exie
Z st,.V 4 Ilaatt all
cluded either the The other. TDis II is admit
ted would be clear and papable violation OF the tfea
ties Ia order to obyiae this dlthcay, my honorable
friend has inserted in much OF the bill relates TO
Nebraska the following prosiso:
Tha, nothing this contained shall be construed
impair the rights Of person or property now pertaining to
unextinguiihed by treaty between the United States
and such indians, 10 include any territory which. by
said tribe be included within the territorial limits or ia
nsdioton OF any State Territory but all such territory
shall he excepted OF the boundaries, and
OF the Territory Of Nebraska until said be shall 'g
nifty 10 the Pnsiden Of the United States to be
included within the said Territory OF Nebrsska'
And then he has inserted similar proviso 10 that part
OF the bill which relates TO Kansas
NV honorable friend the chairman, 1rsis them all
into the Territories sod then, IN order 10 relieve the bill
OF bad faith be snoiebes them ouwhere they
main until they shall sgny TO the President OF the United
States their to be included within The proper Terri
tory" How .ignily amounts TO sgniiyng OF their
assent Will they write letter 10 the Presdenl Are
they TO send an Indian talk Ia delegation appear
the White House 10 smoke with the Executive the calu
met OF peace There 10 suggestion OF treaty. The
Senate is 10 have nothing TO do with the subject but
something be done which, IN the judgment OF the
Executive, shall amount TO sgnifylng OF assent-then
they are 10 jump nghtin.
You sweep your boundaries around them in the FIRST
instance and have them momentsriy then Pot them out
with great parade OF fairness and thea you sci snare
for the M under the bead of assent sgnhed'-knowng
thai II would have precisely the effect all this
uggety OF in and and IN again, were not resored TO-
Now, Mr. President, am a PLAIN mau and desire TO
say, in broad and IN measured language that this
"a mocksry--a complete mockery "You keep the
word of promise the bot break IL to the hope"
Nov. want 10 PROFOUND to my honorable friend, the
chairman OF the committee, one question: | want TO
know II this is not final &C, OF les sauoni Does no,
this bill include within the Territories all these in
fviuro and all the residue OF the country comprised
within the exterior limits IN pressnhf And maintain
that include them by final act OF legislation though
IN Giisro is just much bresch OF the treaties
would be TO include them ia preUnd You do the very
thing which the Indians provided against by these spu
latioos. They knew that II they were included within
the limits OF any Territory State, every effort would be
made TO get away their lands And do you gain anything
far the question Of good faith is concerned, by
ouding them ~ the Territories future, and then
ba king instantly in that very efon' Does 1t make any
d fereace 20 the poor Indians IN what order the facts
oco1ri The purpose include them in the Territories,
and get away their lands entertained at and the
same moment, and that II svowed on the face Of the
bill ! beg senator's to consider what the object
of he.e treaty stpolaons, not to be included in the
limits OF any State Territory. Was II TO secure 10
the Indians their lsndsi No because the treaties de-
clare express TERMS that they shall be theirs forever
Not at all for the treaties equally explicit that
What then "a uast he ohtert M III