The state rights democrat. [volume] (Albany, Linn County, Oregon) 1865-1900, 1880-08-27

that was probably the strongest ever
presented. After full and
able discussion Congress considered that
the laws of war did not sustain a de-
mand for payment for ravages by the
common enemy. ] move to
strike out the enscting clause of the
bill.
Mr.. Towne OF Kansas said II beg
the indulgence Of the Committee Of the
Whole for few minutes in order TO
state what the Committee on Indian
Affairs believe to be the right of public
policy and the ground Of public right on
which this bill should be placed. ! I'M
dertake to say here to-day that there
has been no Modoc war in any national
or international sense. BY the Consti-
tuition of the United States Congress
alone declares war. The Congress OF
the United States has declared no wal
and has recognized no war with the
Modoc Indians. Ga the contrary, the
United States were at peace with the
AIodoc Indians in a national sense. So
the argument does not apply that. mas
much aA theae Indians were common
enemy, compensation cannot be made
for their depredationE. What do the
/ statutes Of the United States provide
on this subject Il there no mode
known TO the law under the Cnnstitu-
ton by which citizens Of the United
States shall have remedy Tor losses
which they sustain and for injuries
which they suffer a,the hands of the fn-
diaps in charge Of the Government :
We cannot appiy 10 the Modoc Indians
the formula Of a nationality. for they
| are not a nation we cannot pursue
them in court Of justice, for there Is
no process known to law by which they
can be reached there but the statutes
| Of the United States have substantially
| provided mode OF relief, and the pro-
visions Of this bill are but modiiica-
tion of what is provided by the statutes.
IL is not different in principle. By the
act Of 1902, the intercourse act with
Indian tribes, il is expressly provided
that when any member of an Indian
tribe in amity with the United States,
in his own country, commits any depre-
l NFNtotl5 upp4 hilp pchsoA VI iAepStty VI
citizen Of the United States who may
lawfully be in that country, then repa-
ration therefor shall be made by the
United States. The same principle is
Incorporated in the intercourse act OF
1874. The guarantee is there given
that depredations committed by the In.
dians shall be compensated by the Gov
ernment Of the United States, If com
pensation cannot be obtained from the
Indian tribe. Now we have upon this
border thousands of citizens OF the
United States who have been deprived
Of their liberty or their property by the
Indians, as others have been deprived
Of their lives, and unless remedy can be
obtained in some way through CongreI,
of the United States, there can be nc
remedy for citizens in that condition
The courts are closed to them, excepi
through the remedies which Congress
may furnish our own citizepa are de
fenseless in their property and in theiI
rights. If the humblest citizen Of thu
. United States upon foreign soil is at al
! interfered with in his rights or in hi
. property the whole power of the Gov
ernment-the Army and the Navy
maTshaled in his defense And shall j
: be said that citisen Of tho Unitet
J States upon our own territory and with
i iA our own borders shall be defenseles
ahd unprotected p
Here the hammer fell.
Mr.. Garfield. move to strike on
the enacting clause in the bill.
: The Chairman: That is not debata
:. BILE.
: The question was taken, and upon
division there were ayes, 81 nay'
ca. z.
.neEore the result was ANNOUNCED Nj
Nesmith called for tellers.
: Mr.. Garfield and Mr.. Ayerill wer
!. appointed, and the tellers reported ths
!. there were: ayes, 20; nays, 5s.
The committee arose aud reported +
/ the House, and Mr.. Garfield moved tia
the House agree to the report Of I'll
4 committee,
r Mr., Nesmith called for the yeas an
' nays, and there were 102 yeas and 8
: nays; 80 absent or not voting.
o Thus, as you will observe from th
l quotations that / have made from III
official report Of the debate, Mr.. Cal
field did in a cold-blooded snd ruthles
d manner deny justice to the sufferers b