Evening star. [volume] (Washington, D.C.) 1854-1972, 1880-03-10
FORTY.SLXTH CONGRESS.
WEDNESDAY. March 10.

ton. Referred to the committee on Indian
W Mr.. herman presented the petition of Roger A.
Pryor for removal OF political disabilities. Re-
ferred to the committee on the Judiciary.
The Vice President said that there being
evidently no quorum present, business would
be suspended temporarily.
Mr.. Thurman moved a call OF the Senate.
During the call several Senators came in, and
the call showed 80 Senators present, more than
quorum. Business therefore proceeded.
Mr.. Thurman, from the committee on the ju-
dietary, reported adversely Senate Dill TO re-
imburse the several states for interest paid on
war loans and for other purposes. Placed on
the calendar.
Mr.. Davis Qll.) stated that there was a mi
nority report on the bill.
MIR. Bayard, from the committee on the judi
ciary, reported fayorably House bill to define
the terms Of Office of chief supervisors OF elec-
uonS Placed on the calendar.
Mr.. Vance, from committee on naval affairs
reported favorably House till to amend the pub
llc marine school act.
Bills were introduced and referred as follows
By Mr. Ransom-TO provide for settlement OF
accounts Of the North Carolina railroad COM
pany. By Mr.. Conklng-TO amend section 44I2,
Revised Statutes, concerning commerce and nav
igatfop and the regulation OF steam vessels. Mr.
Conkling also presented memorial OF a large
number OF merchants Of New York city engaged
in transportation of cotton from southern to
northern and eastern ports, praying the passage
Of such bill as that above named.
THE INDIAN TERRITORY QUESTION.
The motion made yesterday by Mr.. Thurman,
to refer to the committee on the Judiciary the
remonstrance Of Indian chiefs against the pas
sage of the bill to establish United States
court in the Indian territory, was taken up.
Mr.. Vest opposed the motion, saying the COM
mittee on territories, who had reported the bill,
included several good lawyers, fully able to
draw bill, and there was no reason to refer
this any more than any other bill to the COM
mittee on the judiciary.
Mt Edmunds thought bill to establish a
United States court in territory which had
been set aside as an independent domain raised
such important judicial questions as to make it
proper subject for consideration by the judi
ciary committee. The committee On territories
was supposed to be best ttted to discuss ques
tions regarding the territories, andthe commit
tee on the judiciary was supposed to be best
fitted to discuss judicial questions NO dtScOur-
tesy to the committee on territories was i'm
piled by the motion.
Mr.. Garland chairman of the committee on
territories, took issue with the Senator from
Vermont [Mr. Edmunds), and thought the motion
discourteouS to that committee. The business
of that committee was to establish territories
and no territory could be established without
creating court therein. The committee might
as well be abolished If this motion prevailed.
Mr. Conkling said the present bill differed
materially from ordinary propositions to estab-
lish territories. 1t involved the setting aside or
change of treaties with Indian tribes The
treaty Of 1866 authorized criminal court for
those tribes, excluding civil jurisdiction.
Mr.. Vest said the same treaty authorized
courts Of civil jurisdiction.
Mr.. Conkiing said the very difference of con-
.Struction between himself and the Senator from
Missouri showed that the question would need
judicious consideration by body of legal men.
He thought the Senate never would have been
called on to give any opinion on this subject,
but for the fact that railroad company has
gone through this Indian reservation Issuing
bonds for their whole liae, seeking to obtain
these lands, and failing to obtain them by de-
partmental power, now SO standing, that to
them under court of civil jurisdiction, very
large opportunities will inure. He said this
meaning no offence to anybody, and tnterpos-
anybody. But he said, as matter Of history,
that these wards OF the nation and these owners
of this land were left unmolested and unenvied
with their treaty and their court, until the pos
sibilities and expectations and the adventure Of
a railroad company came to necessitate oppor-
tunittes not found in the court and the law as
treaty was that it established and authorized
no court into which corporation or individual
can go with an action of ejectment or process of
expulsion to drive these people from their lands
or to bring their title into question. This bill
proposes TO institute such court and proposes
1t, although another provision of the treaty de-
clares that never shall this thing be done ex-
cept with the consent of the Indians. The In
dians have appeared before the committee on
territories and protested against the bill He
submitted that questions OF law were plainly
tions oflaw, this should go to the Judiciary COM
mittee.
Mr.. Thurman argued that the legal questions
involved In the memorial required considera-
uOn by the law committee of the Senate He
had nothing to say as to such reference of the
bill, except to say that such reference would be
proper II the Senate chose to make 1t.
Mr.. Vest denied that there was any provision
In the bill which abrogated that part of the
treaty which required the consent OF the In
Mr voorhees, said he had never heard more
remarkable proposition than that now made to
take subject referred to and reported by one
committee and refer it to another. The judi
ciary committee was to be complimented on its
modesty. The argument of Its members was
that the members Of the committee on terrific
ries lacked either the ability or the integrity to
MI Thurman with great emphasis denied this
assertion.
Mr. voorhees, said the argument was not put
in those words. but that was the only implica-
ton. He could find no parallel to the action of
the Judiciary committee except the action OF
federal courts in assuming the jurisdiction OF
state courts.
Mr. Edmunds stated that the bill reported
was not territorial bill at all. 1t only eStab-
lished court and disposed OF certain lands.
MI. voorhees, replied that this bill embraced
and the whole subject was under consideration
by them, there having been referred to them
the Oklohoma bin OF the Senator from Missouri
lMr. Vest and the territorial bill OF the Senator
from Illinois [Mr. Logan.)
MIR. Edmunds stated that a bill establishing
the territory should precede one establishing
court.
Mr.. voorhees, in further remarks intimated
that In view OF the important matters remain
ing so long in the hands of the judiciary COM
mittee, the Senate had better dispose OF this
matter at once, OF 1t might not soon get another
chance.
Mr.. Conkling (who Is a member of the judi
ciaIy committee) denied any intention on the
part OF that committee to reflect on any other
committee. This was mere question OF proper
reference. The first twenty three sections of
the bill referred wholly to judicial questions.
The rest referred to disposal OF lands and Incl
dental questions. 1t was not territorial bill
at all.
Mr.. Allison said the memorial was respectful
In tone, and merited consideration. Ordinarily
such memorials went to the committee on In
Dian a1a1rS, but as member Of that committee
he would cheerfully vote for its reference to the
judiciary committee, because 1t referred to
Dill raising the most important legal questions
10 connection with our treatment OF the Indians
That would be passed upon at this session.
Mr.. Morgan submitted resolution increasing
the number OF members OF the committee on
rules from to 5. Referred to the committee on
rules.
The Vice President laid before the Senate
communication from the Secretary Of War
the commisSary general OF subsistence that
economy requires purchase of subsistence sup
plies for remote posts in the early spring months.
Referred.
Mr.. Bayard introduced bill to amend section
2022 Revised Statutes. Referred.
THE FITz JOHN PORTER Bill.
The Senate resumed consideration of the bill
for relief OF FitZ John Porter.
Mr; Mcdonald continued his remarks support
ing the bill.
f,,rfhor Yll,cf,.o tfvo, h