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

Senate which the honorable from Ohio thought
disqualified them from deciding upon the merits Of the
claim and that the class Of argument used against H.
He continued;
~ think II the senator from Texas would yield, the
from Wisconsin has yielded upon claim a. merto-
ous this in any aspect Of IT, TO an appeal to withdraw ~
present in single BILL where il would receive the fair
consideration OF the Senate, should be very glad.
He first appealed have il withdrawn The senator
from Texas said that he having offered il under an order
OF the committee, could not withdraw IT, The question
takenthe Chair decided that il was in order-and
by or 10 10 90 the senator from Virginia says II was
ruled otherwise having been determined at previous
time 10 be in order so that we have decision both
ways and then have the decision Of yesterday the &C
lion OF the Committee Finance and the action OF the
Senate upon which is not so strong as this.
But there is great and guiding rule II Insisted
by the Committee on Indian Affairs unanimously that this
amendment within the provisions Of the act OF 1884
f does the FIRST duty OF every committee Of this body
which the Senate has right to make out Of order is to
provide appropriation of money for all the purposes
demanded by the laws The Finance Committee must take
up the laws and set what appropriations are necessary
The time for which appropriations run Is limited by
the constitution in respects and If all are not limited
they ought TO be- Our first duty is 10 inquire what sums
OF money necessary TO carry the government under
existing laws That Is your duty by the rule is the
great and paramount duty is the special duty of the
Committee Finance Here is the old policy Of the gov
enment here is the satutebook full Of intercourse laws
from 1890 this hour providing that if the whites commit
depredaons upon the Indians, the government shall pay
the Indians and that if the Indians commit depredations
upon the whites and the whites cannot get indemnity out
OF the Indians the government shall pay them 1t stands
pledged indemnify the injured parties In this the
President asked for authority 10 send commission to audit
these claims the from Tennessee properly states
He appointed commission to go to the country which
scaled them down the lowest point The proper time
though into this will be when get to the merits
of the case and then after statement Of them will be
for the Senate to agree to reject the claims but upon
the question Of order that the amendment is to carry
two three existing laws of the land and again
repeat the senator from Virginia has failed to what
| said.
The Indian appropriation bills from 1870 until now have
always provided for carrying out the act of 1884 those
similar fharnn aytsf
the stauebook before that time How you pay
for these depredaons Look all along the rontierOre-
gon, California Of the Mississippi There is ade
qatc fund if there outbreak with the Indians and
settlers They have to go and redress themselves in
body the doing Of which in Georgia before these inter
acts passed led TO continual and constant hos
lities The government thought it wise policy to
tell them il you do not go and redress your wrongs
have law upon statiiebook under which, if the
Indians do not pay you in twelve months, you
here and be unidentified The moment the information
given to the President of the United States and the
fact established in regard to the depredatons, this
class of claims coming under general law, distn-
gushabe from the ordinary private claims and they come
under annual appropriations much any single law
connected with the Indian department. In this BILL among
other items, there the following appropriations
For payment of balance due for transportation of pres
goods and provisions to the Cumanches kioways and
other INDIANS on the Arkansas river, 81 200"
This is due. To whom? To the people who carried
them You made appropriation for carrying the sup
plies the appropriation not sufficient and You
here pay steamboat agents. other agents. who
transported the goods.
Again: .#
ssTo pay for certain goods borrowed by agent s.
Watrous to fulfil treaty puatons with the Chippewa to
be replaced annuity goods but which, agency
building consumed by fire in May, 1885, 81 1876 o."
He borrowed goods, and they burnt up. Is not
that private claim? The amount is going indiyd-
for private loss but the loss having been incurred in
public business he ought TO be paid for it. So that
scarcely select from the whole appropriation bill single
item that stands firmly existing laws as the amend
ment which have offered under the direction of the
on of
work if the rule was enforced contended for by the
chairman of the Committee Finance Every member Of
a committee who goes TO the eommittee-rooms examines
the laws lie there what the Indian Department does
and what the other departments do and the committees
bound to report TO the Senate whatever appropriations
they think should be made; and they derect their
duty if they permit dollar which Is necessary carry
out existing laws not TO be appropriated for the purpose
Mr.. WALKER | find that, when the decision
made the Chair the last session of Congress- upon
appeal from that decision voted to overrue the decision
The decision that the proposition was in order At
that time had been the Committee Indian
Affairs and had had opportunity TO investigate the
claim | satisfied that | voted wrong and, upon
reflection have to the conclusion that IL a vote
shall be again taken, shall my position. do
believe il is private claim. There spoations
mitted in these two States by the Indians in 1886 and
1887 Why not indemnity made for those spoations
under the general law II by Of n tech
nicalty They not technically committed upon and
within Indian territory. II they had been there far
from being considered private interest the general laws
Of the country would have already taken cognizanoe
them and there would have been indemnity given under
the general intercourse laws OF the United States but
when the application made for indemnity for the spoil
atoms this technicalty prevented their payment
Now certain steps had to be taken. They were taken
commission appointed TO investigate the claims
certain their amount and 10 whom due The commission
ers that section OF the country They examined
into the matter of the claims They made full ealo-
reports but still the difficulty occurred In its
eject and operation the proposition il simply TO do
away with that technioay. that technioaity did
and get their money That being effect and oper
alton Of the amendment cannot see for my life how
can be viewed in the nature OF private claim and
only surprised thai did consider ii 80 before;
certainly resulted from lack OF information ia reference
10 the matter Hence viewing II in the light that
dothat IL IL In the nature of general law obviatc
tecnicay which prevents portion Of citizens
and that this II private claim excluded by
the rule.
Mr.. COOPER IT does 70 that the amendment
falls within the spirit OF the rule and excluded by
H. do not think IL the intention OF the rule
cudc claims OF the character OF the provided BY
the amendment The object of the rule TO keep
the Senate during the tendency Of the appropriation bills
the adjudication OF private claims We oil know
claims be considered the proof pro and
site in the midst of debate appropriation bill II
Is the province Of the committee to examine and report
upon these claims and suppose that is understood and
admitted by every
One word in relation circumstances under which
this claim rejected nj the last session of Congress
presume you remember sir that II late night In the
hurry OF the closing hours Of the session when there
great deal Of business still to be donewhen there
apprehension existing in the minds OF scnators--and
wcllfounded apprehension ootat all of the important
appropriation bills would be lost If the time OF the
should be taken in dispung controverted points This