Nebraska advertiser., 1861-01-31

~. Dandv enttisa % his seat from otherreasons
Mr. Balien. That does not seem - bea fair way
81 staang the question
Mr.. Upton said there were four points ia Mr. Dun
dy's case, either Of which, IL sanctioned, Were sui
6eient to entitle Mr d.. to his seat. Three Of the
points, without examining the haif-breed question:
had been fully sustained ny the testimony. The
+conlmistee, therefore, without aakiDg that question
into considerations, bad reported adversely % lne
waysrof thepedfio1eT- But FOR himself be had no
h~esitancy in saying that he did not believe the PEG
PIE upon that reservation had a right to Tete.
ar. Belden then commented a speech upon the
report, bat without concluding, gave away, and the
Council adjourned to six ocIeek.
-
EvEETSG SESSION.
Council Tucb persuaHt 70 adjournment
sr. Bslden resumed his remarks, holding that the
half-breed tract had ceased to be a reservation, and
was now under the Jurisdiction Of n sbraska.
Mr TIgroS said
BfT. President, The gentleman from Douglas, (Mr.
BeldenJ has closed his ardent and highly de-
elamaroyy speech BY excIaiIning, "God forbid that
] should be so l0rappedaP IN my partya as TO be un-
able TO appreciate eyilenee.p fhavc only to say in
reply that It is unnecessary for the gentleman t0in-
Yoke Heavens protection against such Q great ca
lamity, for in fact there is not enough Of his party
leftin which to wrap himself.
When Icame 0Nemaha county as q resident, l
found this half-breed reservation generally regard
ed as excluded from the limits Of Nebraska Terrific
ny. Did ask as to the locality in which Lands were
subject to presumption. was informed, Hany place
IN the county outside The half-breed reservation
Did / 70 into acourt, l was liable to hear o motion
to QUASI en- Indictment BECAUSE the erime as charg-
ed was committed within tho half-breed reservation.
Did have access to = grandjury room,I might find
an informant refused a hearing because the act
complained Of, was committed on the haIf-breed res
e~rvation. Did Ienter the commissioners court, the
resolution might be to rescind q former order for
establishing a voting precinct on the reservation
Did | ask the assessor as to the field of his opera
ton, the answer was, promptly given, any place IN
Eemaha county outside Of the half-breed reserva-
ton. Did. I ask tho treasurer Of whom he collect
ed taxes, bis reply would be, the only persons liable
to taxation, are those assessed outside ofthe reserya-
tion. Did a prisoner pass along the streets, c%uriosi-
ty could occasi0nally.be gratifed bv the intelligence
that he was on his way to Nebraska City, to be tri-
edfor deprodations committed upon the timber upon
me -eservation. Did I~enquife for tho school facil-
tiles Of ibis ss.aBge tribe Of people, the answe was,
sno such thing as scnDcs seem 10 have been origin
ally thought Of in connection nth this tract-none
nave ever been provided, as is customary IN Terrific
res occupied by Whites.'' The b~disterous cre6d
were perhaps engaged in denouncing the President
Of the United States, for having ordered the mar
shall to eject the trespassers from this peculiar
district. Hsoe31 sr tG
If Ilooked for the boundaries Of Richardson coun-
ty as defined by tho proclamation Of a Democratic
Governor in 1854, l found them designated outside
Of the half breed reservation.
Dll a AOOA o Inc OASIS OF FeDre5eHLAIIQH WQeua
the first legislature was elected, l fodnd ono hun
dred and ffty-tWo whites on the reservation deduct
edtrcm the whole number Of the population, and
representatives assigned outside Of the reservation.
Did ! look for q repetition of the act, I found that
in tho next year when the voters were enumerated
in order to assign members Of the legislature, five
votes from the Nemaha side Of the reservation, and
twelve from the Richardson side, were deducted, and
on,thS basis Of the balance, councilmen were assign
ed, 50 that am not bylaw allowed to represent
those five unfortunant men on the Nemaha reserve.
Did desire to see what view the department at
Washington bad taken Of the question, was refer
red to a letter of the Commissioners of Indian Affairs,
dated. March, 1856, in which he said, the tract is
placed Gin the catalogue Of lands to which the Indi-
an title is not extinguished, and further, that it
is guarded by an act Of Congress which 'tauthorizes
the PRESIDENT to expel them Whltes1 by force if
necessary from settling in the Indian country
"And that the tract in question should be kept as
reserved according to the intention Of the parties,
until the President shall have fully executed the
trust cOnfded to him" If not satisfied with this
decision, and asked for a Congressional record on
the subjects I was referred to the contested case of
Bennett and Chapman, in which n democrats Con-
gress gave Chapmanthe seat by excluding the vote
from the reservation. And also, to a report Of the
Hon. Alexander II. Stevens, of Georgia in whichhe
took the same positionin his famous report.
Des iroUs now to kbowWhat ground is occupied on
the subjecti in the organic act, turn to the first
sectien Of that instrument, and there read that, all
territory is excepted out of the boundaries of Ne
braska, which ais not without the consent of said
tribe to be inclnded within the Territorial limits or
jurisdiction ofany State or Territory"
From this Infer, that if | find in the Original
treaty a provision showing that these balf-breeds
are holding at the viii of the general government
then the government may include them in.the Ter
rtory without their consent. Or, if find that their
term ofoccupancy had expired, at the date OF the
organic act, in that event they might be annexed
without their consent.
From the treaty ofPrairie du Chino, in 1880, I
learn that this tract Of country, was "bestoWed" up
on them, by the Omahas, lowas, and 0toes, for
themselves ana in behalf of the Yanctpn and Santee
bands Of Sioux" But how bestowed Bestowed
in such manner as that "the President of the United
States may hereafter assign to any of said half
breeds, tobe held By him or theminfee simple, any
portion of said tract not exceeding q section Of $40
acres to each individual. The President becomes
the trustee and accepts Ia trust under the treaty.
But how shall they hold till they demand their por-
tions IN fee simplef In common, Of course. When
the President llots he will convey to them what
they are emitted to-no more nor no less. But it
will be title in fec simple. Then it stands to ,rea-
son that their consolidated title as an entity, is at
least as good as in severalty. So while they were
holding in sommon, their title was equal to q fee
simple and they could not be annexed without their
consent. This was their condition when theorgan.
ic act passed Congress. No man ever clained-no
man now claims, that they gave that consent, and
were by virtue Of it included therein. Whilo in
common, the Indian title might have been cxtin-
guished by treaty, or an act of Congress. or proela-
nation Of the President, tthey consuming but no
such public act has been performed. The only
change thathas occurred is that the President has
been ~allotting tracts in somo eases, and confirming q
few titles. But does an allotment, Of itself, imply
annexation to Nebraska ? Certainly not, FOR allot-
ments might havetaken place before the Territory
was organized, and might have been operatives be-
fore a State touched their boundary either east or
west. I contend that if the mere fact Of holding a
fee simple title on that reservation admits to full
citizenshiPin Nebraska Territory, then settlers on
that tract have ability, by some magical power, to
lay hold Of the nett work Of Nebraska Legislation
and draw it over, and stake it down around their
farms, passing around ,sll ~unallo.ed tracts or claims
belonging to minor haiflbreeds.
leanvery easily suppose a case in which the ON
nipotent doctrine of allotments would DO plausible
and fair. Surprising there was an addenda to the
treaty in these words ,''prosided moreover, that as
soon as these lands, being allotted, shall pass into
the hands Of persons entitle4 to vote, such persons
shallbe admitted to the polls Of precints established
blythe county Immediately west ofthem, then the
case would be q plain one and there could be no
doubt. But although men 60 upon this pFesump-
ton, no such act OF provision ever was enacted. In
the contsstants petition, he only claims that the
work Of allotment began IN 1859, and the most
therefore that gentleman should claim is, that the
tffTe IL IN n-nAess ,f Artiorn5rhnnn PA traoeo ra~ I