Indiana American. [volume] (Brookville, Ind.) 1865-1872, 1868-06-19

be sold Tor tnrtr ouutnt ~ ~ fthts -chbe,
wi,hou, the intervention .ofsn act Of Con.
gress. then almost the entire public lands
Of this country csn, aud | fear will be.
disposed Of in this way. aud the public
domain will be given up to monopoiies
aud speculators. aud the whole homestead d
and land policy Of the Goveramsnt be
/ subveried. ldeuy that any such thing can
be done.
In the remarks have made on several
occasions during the present session of
Congress, | have referred - sushoriiies
without quoting them It large, giving con.
struction TO the tresiy >mnking power OF
this nation. To these may now add an.
other. Attorney General Cushing, In on
opinion found in volume g. pages 4+0,
AZ Of the Opinions of Tie Attorneys
General" decided 10 substance that ,chers
treaty 10 ereewory. requiring me actioa "
The isy,siance branch cf the Goeernp,en' in
oipr.priu,iag money, The ad cf CJngr,1
noking The appropriation, and rot The trea
". must 9opon ths e1. cafipe officers cf the
GorernDitnf ln other words, the Treaty.
making power, has limits, and when IL
attempts TO 20 beyond this 1, Is subject 10
the control Of the law-mak,ng power.
Whatever under the I onsiitution may be
properly subject TO the control Of mn net
OF Congress cannot be claimed ss FILLING
within rightful ,xerci,c Of the treaty
making power. This Government cannot
under cover OF the treaty -making power,
er.cuie a trust for the sale Of lands. The
officers who are TO execute such trust owe
their existence 10 an net Of Congress which
may be repealed ut pleasure, and thus
leave no officer 10 execute II. A patent
cannot be iesued in execution Of such
trust wi hvut the authority Vt an act Of
Congress. The Government holds the
legal title TO the trust lsuds, and under
the Constitution Congress alone cam
"slake rules and reg pulatiops for the
disposition OF the public lands"
Whether held In trust or otherwise, |
will not now stop to inquire into the pow.
Or 10 accept or execute such trusts or the
expediency of assuming ils exercise. Nor
will | now inquire how far the lndisn
chiefs, who executed the treaty ofJuly 10,
1906, could convey Ia trust a title held
by the Cherokee tribe or nation OF In
diuns. But assuming that the Indian
chiefs had power TO convey the lands Of
their tribe or nation, and that . treaty Is
proper mode Of making the convey auce
yet IL does not follow that either duty or
poper is thereby deyoyed on the officers
oi this Government 10 execute the trust
by making sales. The treaty 60 which
have referred attempts 10 clolhc the Sec
retsry Of the Interior with the power. aud
10 require OF him the performance Of the
duty. But whence are his powers derived
and how are his duties defined? BY acts
OF Congress, no one of which has author.
ICED him TO execute trusts like this on be
half OF Indian tribes. Who IL puthoriE.
ed TO receive aud pay out the money, aud
by what authority? What Is the liability
in case Of u misspplicaiion Of moneysY
Who shall determine the mode of its dis
fribution2 The whole scheme rests On no
valid authority whatever. To assert that
the treaty making power is competent to
execute such trust, is 10 assert that IL
can create the officers necessary 20 accom-
plish the end. il they do not, us they may
not, exist in pursuance Of an net OF Con-
gress. But by the Constitution all Offices
not therein pro, ided tor must be created
by law Of Congress. Such officers can
only exist "in pursuance OF law Of
Congress.
In the brief space Of time allotted TO
me cannot discuss this question fully.
but have said enough TO show that this
trust cannot be executed without the aid
OF act Of Congress. have show. that
the treaty-mpkipg power has attempted 10
encroach on the rights Of the law making
power. IL is subverting the prerogatives
and powers of Congress, and It's encroach.
ments are all the more alarming because
il is attempting to subyert the homestead
aud laud policy enacted in solemn laws by
Congress. IL is encroaching on the rights
of labor and Of the people by creating
huge monopolies Of lands which ought 10
be dedicated to the sacred purpose Of ma
king homes for The homeless aud landless
poor.
Mr.. Speaker, agree with the gentle
man from Missouri Mr.. Van Horn] in all
that he has said in commentator of the |
chiefs or agents OF the Cherokee Indians.
| know some Of them personally as in
telIigent aud worthy gentlemen. The
Cherokees have just ground Of complaint
against our Government. And for one,
] would do them justice. Let the Gov.
ernment buy their lands at once, pay for
them sS00. 900 in money or bonds or 9th
er lands, as may be agreed, aud then put
them into market to actual settlers at the |
minimum price of 81 25 an acre until the
is reimbursed for its expen.
ditures, aud then open up the residue OF
the lands to homestead entries. This will
bring railroads, with thriving villages and
independent farmers, aud Kansas will re-
juice in the wisdom OF Tho policy which
will secure these results.
Mr.. MAYNARD. l desire to ask the
gentleman from Indiana Mr.. Julian a
question.
Mr.. JULIAN. Very we'll.
Mr.. MAYNARD. These lands having
been conveyed by patent in fee simple to
the Cherokee tribe OF Indians, a civilized
people, a community recognized as such.
by virtue of what authority do we assume
any control ever these lands after the date
of that conveyance? Was there any con.
dtion. express or implied, attached to the
grant by the Upited States 10 these In-
dians?
Mr.. JULIAN. In answer to the gentle.
man will say that do not pretend that
We have any control OF all over these1ands;
- - L.