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

beoreat without rudder for The gudanc
OF the superintendent II may not be the object OF tn
senator from California effect the destruction of the sys
tenn but certain that il is the inevitable effect
his amendment
! Mr.. WELLER desire to move an amendment to TIN
amendment of the committee before the question is put
the proposition of my colleague. ! move to strike ou
twenty y-fye,' and insert :" en" that the amendment
win read said reservations not 10 contain less than v
nor more than ten thousand acres do not know how
the reservations originally fixed at twenty-five thou
sand acres very ii received the sanction
Of my judgment AT the last session endeayored to fla
the maximum at ten thousand acres and supposed that thu
provision in that form had passed the Senate; but after
wards examination of the law, discovered, TO my
astonshment that the Executive authorized to make
the reservations extend to twenty-five thousand acres
The PRESIDING OFFICER That amendment will not
be now in order unless the pending amendment offered by
the colleague Of the senator to the amendment Of the
mittee be withdrawn
Mr. GWIN withdraw it for the present, for that pur-
Mr.. wrILRRs amendment to the amendment was agreed
/ Mr.. GwIN now renew my amendment to the amend
ment
! Mr.. HUNTER. | either do not understand the amend
meni proposed BY the senator from California or think
the chairman of the Committee Indian Affairs does not
do not understand IL to be abandonment Of the policy
OF reservations, but as leaving it discretionary with the
Secretary of the Interior whether he will expcnd the money
upon the reservations in other mode. 1t may be-
and to meet that contingency that the amendment to
the amendment was oferedthat owing to the action OF
California, other circumstances it may be found that
cannot carry out the policy Of reservations So some
thing must be done with the Indians provision must
be made for them we cannot foreel in what shape il
ought to be made and the best disposition of the matter
to be to leave it at the disposal of the Secretary
the Interior There is word inserted in the amendment
to the amendment with express view to enable him to
carry the plan if it should turn out to be practicable
and best to continue the reservation viz: tho word set
cment 1t is true it does not force him to expcnd the
money in carrying out the policy of reservations and in
other way and it seems to that it would be improper
to do because it may turn out that he cannot carry out
the policy The State of California may interpose and OBJ
ject 1t may be- too that when he obtains inorm,-
ton find that the system has worked well
inclined to think it has done All these things
uncertain and in view of this uncertainty and in
der to obtain practicable provision, which may be
abshed in any state Of the case have thought that il
best with the senator from California and
leave this matter to the discretion of the Secretary of the
| Interior
Suppose sir the State of California should refuse to cede
the Jurisdictions suppose she should nerpose other obec
tons what be done with the appropriation under the
| amendment of the committee2 Nothing No provision
be made for the Indians Suppose the other hand
it should turn out that the Secretary of Che Interior
be able to make other provision with the State Of Call
forna for taking of hemsomething short of the
cesson Of the absolute jursdctionsome arrangement
with her by which, with the action of the State
of California and the general government provision
may be made for the Indanswoud it not be better to
leave him the power and authority to do and not
] fine him to mode, and mode only2 do not
understand this forcing the abandonment Of the
| tons.
Mr.. SEBASTIAN. | believe it is the intention of the
senator from California 1t is that of the sena-
tor from Vrgni to confer upon the department. choice OF
systems and not compulsory abandonment Of without
the adoption Of ythng in its stead but by reading the
amendment to the amendment you will see that so much
Is stricken that the bare insertion of the word
mova' does not the old system at all will state TO
the Senate why it is compulsory abandonment of the old
| system.
Superintendent Beale in his report that he has
been unable TO make the five reservations contemplated by
law, because he could find portion of the country in
which there not intervening many preempon and
Mexican claims that he could not make the reservation out
of the public domain Of sufficient size at all and must
OF necessity abandon the system unless greatly reduce
the of authorize him
up the conflicting claims. Therefore, II make pro-
vision giving him authority TO buy up the conflicting
claims and requiring the ccssion of Jurisdiction by the
State Of California these you viii virtually cut him
off from the Of the reservations except the which
has because all that part Of the amendment which
makes provision for the removal of these obstacles is pro-
posed to be stricken out by the amendment OF the senator
from California In that way il works abandonment
of the system because il conrs no power for the
| of the obstacles which are in the way
i Mr.. HUNTER win my friend allow to ask him a
question: Docs not the amendment Of the senator from
tborty TO do all ths Does il not give 1t TO him, not spe
ci6ellly; but generally Under this amendment he would
have the authority, understand it, to continue the
eryaon If he found that policy TO be the best and most
practicable
Mr. SEBASTIAN. If the term settlement by force Of
the words employed gives the general authority TO make
reservations and buy up the lands Of individuals and OBJ
tain the ceson Of jurisdiction from the State Of Caor-
mia II embraces all this complicated idea then the
| tor Is right
Mr.. GwIN. There acts the statue-book in con-
nexion with this system, and the object Is TO give
argcd power to the Secretary of the Interior as possible
TO continue the system if that is best But he cannot
get the consent Of Caornafor il w of course be OPP
onal with that State and there is evidence yet that
that consent viii be refused have such evidence
because there has been legislation the subject
and cannot adopt the system ought to give him dis
creon that he may goon and prevent the Indians there
| from being destroyed.
Mr.. RUSK. / hope the amendment Of the honorable
senator from California win not be agreed The result
OF il win only be abandonment of what regard
the only Of preserving the Indians but IL win be
4 I. -.
the country which will lead in my judgment to a much
larger expenditure and good will be accomplished by
IL With regard TO the mooted question of jurisdiction In
my judgment II amounts to nothing Gentlemen, think,
alarmed without upon that subject The const-
tuition OF the United States gives Congress the right TO
regulate trade and intercourse with the Indian tribes That
Is all the jurisdiction that is necessary All the urisdic-
settle the Indians hem s to keep traders the per-
who carry whiskey, and njurc and demoraze the
Indians That jurisdiction you have by the constitution
| the United States.
There two different systems which have prevailed on
this continent in regard TO the Indians Tho English gov
ernment recognised their right Of occupancy and treated
with them, and purchased their lands 1t was very good
upon principle; but what has been the practicei The
Spanish government the contrary did not recognise
the right of the Indians 10 the soil They took possession
OF when they chose and did not recognise any rQht In
wild Indian tribes to the soil When they became civilized
they settled them down in puebos and admitted them
kind Of quasi citizenship with the right to hold as prop
ery but not the right 70 ALLEVIATE IT, What has been the
result OF the honest principle which we started out ia
buy Indian erritory2 We have purchased Indian terri
tory sometimes when il needed even al exorbitan,
prices and we have given annues, and what has been
the result Why SIR it has fastened set of vampires on
the Indians set of gentlemen who live off the treasury