The daily union. [volume] (Washington [D.C.]) 1845-1857, 1854-05-13

hshg leh Win farming implements settling them down
upon he and and learning them To work for themselves
Now y s mistake to suppose that Indians Learn
TO work The Chocaws and various other nations learn
to work, and general rule they have almost as good
farmers among them have. These Indians in Cali
ornia have gone and settled down upon one these
yations and they now do work have good evidence
saying That they have several thousand in cult
yation They have more land in cultivation now, and
raising more to live at this moment under this
ment than expected they would up to this time II you
abandon THIS SYSTEM you will have twenty treaties at the
next session providing annutes to be paid out of the
treasury and these annutes will give rise great squab
| bles with the Indians and traders.
Mr.. PRATT. Before the vote is taken on the amend
ment OF the senator from California desire offer
amendment ask the Senate to agree to strike out this
proviso
Popded The State Of California shall cede the necessary
| jurisdiction in such cases."
AS said before, when had the honor to address the
Senate do not conceive that it requires the assent Of
California 70 give to this government the right to place
the reservations the Indians whom propose to place
there therefore ask that that proviso be stricken out
The PRESIDING OFFICER. The question is on the
amendment offered by the senator from Maryland
Mr. PRATT, ask for the yeas and nays upon IL and
desire to make single observation Unless the amend
ment which propose be adopted the whole appropriation
will become entirely useless In the first place you
require before the provision goes into effect the
California that you may place upon your own land re-
served by this government these Indians OF course until
the legislature shall have met and is not yet elected
you cannot attempt TO appropriate the money. Thus
lay of several monthsl do not know how long perhaps
ten monthswill eapse before by possibility, if the
State should give its assent this appropriation go
effect Then after the legislature which is to be elected
shall have met has to act upon il and to give the exclu
| sve jurisdiction for which you ask.
Now, have already said do not want the exclu-
sive jurisdiction. The land is 1t belongs to this
government and we have right to place the Indians
there II they should commit any offence under the laws
Of California they would be tried by the tribunals of Cali
forna and that the whole result of the absence OF this
exclusive jurisdiction shall vote against the whole ap-
propration unless the words TO which refer be stricken
out If the provision which seek to strike remain
II Is it will render the whole appropriation entirely
| less
/ Mr. WALKER It was to perfect this particular point
that offered the amendment which / withdrew short
time ago The argument Of the from Maryland
would be well enough If we had information what
has been the practice of the government in such cases.
inform hil however that practically the government
asked for the consent Of the Saesdeemng itself dis
qualified TO locate the Indians permanently within their
limits without their and will instance the case
which before mentioned of the Menomonees of Wisconsin
They turned over to the legislature Of Wisconsin be-
fore thing done The legislature gave that
they might be located certain reservation and they
were located accordingly The senator will find that this
| has been the practice of the government
Mr.. PRATT suppose twas done in that case because
OF some such provision contained in this amendment
Mr. BELL wish to ask the honorable senator from
Wisconsin question. When those Indians were turned
the mercy of the State of Wisconsin, in settling the
question whether they should be driven out Of the bounda
raies of that State altogether whether they should find
home there had they ceded every foot Of land which
| they owned there
i Mr.. WALKER Certainly
Mr. BELL Then those Indians did not own one acre Of
land in that State and had not posscssory right
There clear where the consent of the State
necessary. But that is not the case in California
Mr., WALKER Let apprize the senator from Tennes-
of this fact after the Indians ceded their land it be-
came thcland of the government
Mr.. BELL | understand that; but the two cases are
Mr. WALKER That case is parallel to the present one
in my view is alleged by the senator from Maryland
that this land being the land of the government the gov
ornment do il pleses with it, far the location
/ OF the Indians is concerned
! Mr. BELL The title of the Indians in California has
not been extngushed and agree with the from
Maryland that have the power to locate them the
public land think proper because the Indians there
have parted with their possessoy rights according
| our policy
Mr. HUNTER But will they not be subject to the laws
of California 1t Is the opinion of the from Mary
land that if locate them without the cesson of ursdc-
ton from California they will be subject to the laws of that
| State.
Mr. BELL But have these Indians no rights OF posses
son usufructuary rghts2 Is that the law of Cafor
mia now do not understand il TO be So for the laws of
the United States have been thrown that territory
and have attempted TO treat with them If they are
members Of the State Of California cannot treat with
/ them
Mr. PRATT ! may be entirely wrong, but my notion
this the government Of the United States has pursued
the policy Of Great Britain in reference to the Indians We
have conceded that the right TO the soil in the Indians
and that this government could only acquire the right
the soil by treaty acquisition from the Indians Now,
California was Spanish territory and the Spanish govern
men differed entirely from the English government this
point The Spanish government recognised the right
OF soil in the Indians; consequently did not attempt to
argue that the Indians possessed IN thornin any rght
| TO the soil
Mr. BELL They have the same possessory right which
the Indians Of Missouri hadthe right that the
Indians had in Flordathc right that they had in
the old cession of louisiana So that If the senator's
view be have been acting false principles
all the time. The government has carried out its policy in
all these cessops though the civil law applied in all the
French and Spanish settlements Whenever territory has
been ccded the United States have carried
policy there and allowed the Indians to have this possess
ory right and treated with them having claim to it.
That public law adopted in relation TO the Indians
Then contend that we have perfect right in coniormi
ty with the principle of quasi public Law in relation to
the Indians treat with them in California precisely on
the footing in regard TO any rights Of possession
which they in the district of country which they
roam as have treated with the Indians in other terri
/ tories.
| Mr. DODGE, of Iowa Mr. President hope that the
amendment offered by the senator from Maryland will
prevail II raises very nice and delicate question: and
involves my opinion the germ of second Georgia
just concede the right upon the part of this government
10 in the State of California and within few
miles orts seat Of government given extent Of country
and you involve at serious difficulty because the
settlements win press upon the Indians II is right
that should make the attempt and continue TO make
the attempt TO the last n possible 10 cvilze and Chris
anze the Indians but these reservations viii become
eyesores TO the whole people They will be productive Of
the greatest difficulty and If you concode the right of this
To large bodies of land within the heart
OF that State you plant there the germ of and
difficulty. As State-rghts man. cannot sanction the
amendment believe it win result in the exercise of q
high power which Georgia and other States have exercised
TO protect themselves from that sort of interference with
/ their rights.
Mr. GWTN. think the senator from Maryland Is mis-
taken TO the bearing of this amendment The amend
\ ment OF the committee is