The daily union. [volume] (Washington [D.C.]) 1845-1857, 1854-05-09

their borders II is new policy There are doubts 4 Ia
whether there Is any power the part OF The gcnerulgoy
ernmcnt To reserve large tracts OF land in of the
States OF this conederaey for the purpose
Indian tribes within It's its, think the proper course
Of the Indian Department of 100000 for lie pur
pose OF continuing the removal and Subsistence Of the In
dams and preserving peace with the Indian tribes within
Mr. President the hostile Indians III our State are
those in tie northern section and they have received
my OF the benefits Of these appropriations The supern
endent Of Indian affairs as yet gone the
northern section OF the State where the Indians are most
hostile it is well known that II you feed them they will
b the citizens d California and they are n stss
q starvation but make appropriations BY which
ase Indians can h certain ssasoas q be splied
can preserve psaes tAas Fss ~ sssaAat iak Ra had
better merely inakA ton Tor their rsmsvsI
remove outside of the borders Of the State the supentend-
ent ought to have power to them but do not
think the present policy should be pursued further until
ascertain that II is useful policy do not think it is
think il il very doubtful whether have right to build
up military reservations of this in the heart any
State Of this conederacy am the people of Calior
mia have given indications Of opposition to it and do
think they will consent to ccde jurisdiction There
fore wish this proposition to be simply for the removal
and subsistence of the Indians in California and for pre-
serving peace with the Indian tribes
i Mr.. WALKER was not aware before that the
tors from California had any objection made any oppo
son to the experiment which has been attempted in Cali
forna think, sir that there be doubt from the
position taken by the senator from California, MIR. GwM
that state shall TO the
borders by the United States of these reservations the
government will not have the power make them
derstood however at the inception Of this scheme that it
advocated by the senators from Calitoraa but
be mistaken in that
/ Mr.. GWIN, The senator win permit me to say that it
originated with the superintendent of Indian affairs and
the military commander Of the Pacific dyision--General
Hitchcock II was brought forward by them, presented to
the Committee on Indian Affairs, and by the committee
brought before the Senate do not believe that my col
| league and myself recommended it ut first
! Mr.. WALKER. did not say that the senators recon-
mended it, but ! understood at the time that it
done with their acquiesccncc.
Mr.. GWlN II seemed to me that it might possibly be II
good plan TO settle the difficulties in that State.
4 Mr.. WALKER was about to remark that under
stood it undertaken with the acquescence ut all
events of the senators from California The only doubt
that had about the matter at the time whether when
the citizens Of California to look at it, they would
not object to it, do not wonder that they did object
regret TO find that they obectng but it does
prise regret it, because believe such policy
rs this is the last hope which the country has OF properly
arranging and settling Indian relations But sir the
government certainly must feel itself powees 1t cannot
go against the consent State within its geographical
and jursdctona limits and there settle down the Indians
upon reservations think il would require the express
sent of the State given through the supreme power of the
State TO enable the government TO do what ii has been
proposed to do here In one instance in Wisconsin, that
assent has been given by the legislature of the State
CARDS the location within its borders Of the Menonee
ton Of Indians. But what to do Certainly, with
the information before us cannot do what the Commit
tee on indian Affairs Teconlpend, in which ueon1cnda-
ton cordially ac'iesccd Tho committee arc evidently
pance with tbeT recommendations to make the appropria
ton in the form proposed fol when the senators from that
State tell that there arising in that State serious OBJ
econs to this policy, it certainly is futile for the govern
ment to attempt it,
But il is proposed by of the from California
Mr. GwIs TO make this general appropriation for re-
mova and subsistence and for maintaining with the
Indian tribes in that State These objects part of them
very desirable aud another part absolutely necessary
presume; but without information in regard 70
them We have not the necessary information from the
proper department Of the government The appropriate
committee of the Senate have not had the subject under
consideration all They have had opportunity
investigate IT, much less TO consider it any Information
derived from the proper department of the government II
scems TO me- from all that now, that we are left
without the ability to do anything until have
consultation with The department. and know what it would
say under this changed view Of the subject
Mr. WELLER Mr President the only difficulty that Is
presented TO mind is 10 the constitutional power OF
this government to make these reservations. have from
the onsei entertained the opnionand avowcd il at the
last session of Congrcss-tha in my Judgment this was
the only practicable way of preserving the Indians OF Cal
ifornia from destruction but il is true considerable por
ton Of the population Of California have been opposed to
these reservations Ny views have been honestly enter
tanned and feressy expressed To protect the people and
at the time preserve the Indians from determination
has been the leading object with me.
Now sir IL the superintendent Of Indian affairs in that
State has made return OF the expenditure Of the aI
preparation made at the last session of Congress appre
bend ii Is the duty Of the department to compel him TO do
and if he has not discharged his duty, apprehend
there is obligation resting the department to remove
him, and appoint some person who viii glyea faithful ac
y
have doubt the incumbent viii be able TO account
for all public money which may have been ntrused to
him II Isl therefore objection TO the proposed appro
priaton to carry out the plan adopted by Congress
affirm that the superintendent has not made return to the
department of the moneys which have been ntrused TO
his There may be for the delay easily
planned.
But sir the power of the federal government TO go into
make these reservations nny very well be doubt
shall have power 10 exercise exclusive legislation in all
the district ceded for the purpose OF
locating the of government and TO exercise like au
thory all places purchased by of the cgisla
OF the State in which the may be for the erec
ton of forts magazines arsenals dockynrds and other
necdfa buildings II the federal government possesses
the power all IL is by virtue Of the authority which IL
the power OF the federal in going into State
and establishing military post for the purpose OF pro
tccng the inhabants against the Indians II y has the
power then establish military post ON the frontier
and should be necessary TO make that post SO large as
10 bring the Indians down upon TINT reservation and thus
not only protect the Indians but a the time protect
the people from their pcursons presume that then It has
the power do not believe the federal government pos
the power make these reservations and exercise
exclusive jurisdiction them without the assent OF the
State and desire that the consent OF the legislature
should be obtained before they made The State, in
the exercise OF i sovereignty must determine this question
No State will be willing concede the right To the federal
government to 90 within its limits and exercise exclusive
Jurisdiction over any portion OF its territory.
Sir last fall when The superintendent OF Indian affairs
in California was involved in difficulty in the execution Of
the act OF Congress I've called upon the from
that State their written opinion upon the subject
hold in my band the which wrote him at that
time and which submitted the Department Of In
dian Affairs. In thai letter said