Arizona citizen. [volume] (Tucson, Pima County, A.T. [i.e. Ariz.]) 1870-1880, 1876-07-22
Losses by Indian DepredafIOns.

Il
1t is understood that the bill--it being
for payment of only a small SUMS
intended as test case, as the lawyers
would call it, that is to say upon its pas
sage or defeat depends the value of all
similar claims. Judged by the reports
of the majority and minority of the
Committee on Indian affairs on this
bill, it would seem that the same dis
position prevails in this as in previous
Congresses, regarding this class of
| claims. As many of our readers are
interested in the subject, we herewith
give the two reports of the Committee
The majority, consisting of Repre-
sentatives Scales of North Carolina,
Boone of Kentucky, Sparks of Illinois,
Hook of Mississippi, Morgan of Mis-
souri,, Seelye of Massachusetts,, Page
of California, and Tafts of Iowa, re-
port on the bill in question as follows
That the bill provides for the pay
ment of a claim of John Jackson for
the sum of $l175. on account of a
depreciation suffered at the hands of
Kiowa Indians.
That this case is one Of great num-
Der similar to it, in which it is claimed
that the Government of the United
States should reimburse its citizens for
losses sustained by Indian depreda-
lions, but though these losses are often
severe, and bear sorely on the indivi-
dual sufferers, demanding our SYM
pathy, and possibly requiring that the
United States should punish the guilty
perpetrators as it should punish its
own citizens for committing such
wrongs, yet, as the property thus lost
is not lost in the service of the United
States, it may be doubted whether it is
in the constitutional power of Congress
to grant the idemni;y thus sought, or,
if it were, it is not, in the judgment of
this Committee, either wise or equit-
able for this Government to act as the
insurer of the property Of its citizens
against the aggressiOns of savage tribes
any more than it does against the
aggressions of civilized nations when
we are at war with them.
The Committee therefore direct an
adverse report upon the pending bill.
Congressman Lane of Oregon. for
himself and Mr.. Wiltshire of Ohio,
submits the following; as the views of
the minority of the Committee:
Congress, by the act entitled AN act
to regulate trade and intercourse with
the Indians, and to preserve peace onl
the frontiers" approved March 30,
1902, and by act entitled as above, ap-
proved June 30, 1894, guarantee ulti-
mate indemnity to any citizen suffering
losses by Indians in amity with the
United States, whether such losses
were suffered while said citizens were
lawfully within the Indian territory
or were caused by Indians passing from
their own territory into the territory
inhabited by the whites, upon cOndi-l
ton that such persons so suffering loss
should refrain from any attempt tOl
seek private satisfaction and revenge,
and upon the further condition that,
claim for indemnity should be present I
ed and established IN a mode and at a
time prescribed by said act such in
demnity to be paid from the annuities
due to the tribe of Indians commit
ting such depredatiOnS, in case any an
nuities were due and payable to said
tribe, or, if not, from the Treasury of
the United Statp'. Statutes at Large,
vol. 2, p. l43, section IA; vol. 4, p. 731,
section 10
By these laws the liability of the
Government was clearly fixed. In
demnity was absolutely assured. How |
ever, these laws were subsequent.
ly modified. Congress, by the eighth
section of the annual Appropriation
Act, approved February %, 1859, re-
pealed so much of said guarantee as
pledged payment out of the Treasury
of the United States, leaving intact and
th9 guarantee Of indemnity
out of the Indian annuities, where
such annuities were due and payable |.
by the Government Statutes at Large,
vol. II, p. 401, sec. 81
1t will be observed that Congress
still recognized the principle that it
was the duty of the General Govern
ment to see to it that Naturalization
should be made This law was intend /
ed not so much TO limit or restrict the
rights of the injured citizen as to re- .
strain the Indians from the commits
sion of depredations, by requiring that
pecuniary satisfaction should be made |
out of funds accruing 10 them from
the General Government. This re-
the policy of the Government
for eleven years, when, its working be
ing manifestly unjust, change, or
rather return to the old system, was
deemed proper. Congress by the
fourth section of the Annual ApprOprl-
alton Act, approved July 10, 1870, re-
pealed so much of previous acts as al
lowed payment from said annuities of
losses proven TO have been sustained
by citizens from said Indian depreda-
tions, and prohibiting payments for
such losses until Congress should
make special appropriation therefor,
leaving intact the guarantee of 1902, as
in 1884
The Indian Department, after exam
ming the proofs, and being fully advis-
ed in the premiSes-the Indians hav-
ing admitted the commission of the
complained Of recon-
mend the allowance and payment by
Congress of the sum named in said
bill, to wit, the sum Of 1895, the origin
al claim being reduced bS the Interior
Department from $l175 to that amount
herewith, and as a
part hereof, is the report of the Com
missioner of Indian Affairs transmit
ting this claim. The testimony in the
case fully iustifies the conclusion and
of the Commissioner.
We cannot believe that his report IS
entitled TO no consideration that III
has no significance whatever; that,
though required by law, it is designed
for the edification of Congress, to use
lessly consume its time or cucumber
its records. and not to guide lis action
Or influence its legislation. We can
not arrive at this conclusion, however
much we may regret to differ with the .
II