The daily union. [volume], October 01, 1850, Image 1

About The daily union. [volume] (Washington [D.C.]) 1845-1857

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TOLUMK TI. " LIBERTY, TH1 UNION, AND THI CONSTITUTION." NUMBER ISO
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CITY OF WASHINGTON, TUESDAY MORNING, OCTOBER 1, I860.
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[|.n f?NflB8SS OF TH8 U. STATES.
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WEDNESDAY, SKPTEMBER 2s77s.V>,
(in COMTINL'ATION.]
"RWATR.
MLD MIN0 AND PLAOUlit |)| CALIFORNIA.
Mr PR ATI'. The senator I rotn Missouri ha* referred
?* la the 7th section ol tbu act, which he thinks mam
(?ally excludes the conclusion to which I came by ? j,e
ruisl of the 3d section. Now, [ ask the attention of the
Senate to it. rhe 7th action is as followa :
?'Andit it furlhtr tnacittl, 'that me respective aaetiit thrill
, Jfiuiiil "'id u-ceive, lor lht< u.-o of (be L'ni'ed ttiulor for a
jrrmil tti work u plaeer b/ .nnnnal labor, at the rnte of -
i s niouili for at many mm.ihs at ihe applicant aim I
?k ; and !o- a permit lo work i mine wiib machinery at
ihrraie ol ?? dolls r-a .i;oir , i.rat many mom hi na'th.
applicant thall Uemaud, not exoeedin,, twe|ve uiombt in
,itU esae ; hut new perm.i* may be granted to tin ,
^ftcut '? i the expiration ol the Ural, with a rlKht to continue
iteration* in uujr place which be Wat working."
And the third section rea?!? thus:
b, ,1 funlitrniait"!, That a ne.miuo work a
tttcer shall be for thfrry l et square; and Irtr a mine two
haiulit d and ion leal ?ju:>re, all the linen io ihe cardinal
patio; and tl.? raid p.-iurt t| ad gjvo the person oblaiuiliir
,hr win.. ? ilKht io the eKrt.islve (wttet.loi. of the pi.? he
?l'?'l ?Wfut.to I on* at he aUttll continue io work Ihe tame
m good Icutiif unu mi longer, *.V<\
Now, the only lunltAilon which, by the third section,
uplaced upon the right io work the mines is so Ion* as
the jiariv'obtaining the permit shall, in KO<Hj faiib, vi-ork
thcin. Ihe only limitation, therefore, is the workinir of
ihe mines in goo I faith. So Ion* as hesloes that, he lias
umier the tbini 8?rtion, a ri$ht to the mine* '
Now, the seventh seciion only refers to the sum which
i. hi be paid by the party for his permit. A man toes
and ask- for a permit to work the mines. The permit is
H10' *f. ?U1C" a rale, for any number of months, as the
party sliull choose, not exceeding twelve. But it does
not limit the exclusive right of the party to the. lands, so
Inngas lie will work ihem, ami which he is to select
a infer the third section, but if the construction placed
upon the seventh section by the senator from Missouri is
rinht, what objection ran there be to adding an amendment
which is only to do what the seventh section has alreany
done > Now, the obiect of my amendment is to place the
bill precisely where lie say s it stands now under the sev
inlh tectum. Now, if that section does not answer that
purpose, all that I want is to reserve to the United States
the power hereafter to sell these lands, if the government
'hall think it is its proper policy to do so. The senator
rom Missouri can alter the amendment which I have of
fered in any way he chooses to carry out that result I
believe the seventh section, construed with the third, does
not do it. All I want is to tesorve to the United States
ihe power hereafter to change its policy in reference to
t? g?t.rv'mlb lf4"!,,,k ProP" lo ?Jo ?o.
Mr. BEN rON. The words which the senator from
M try land presumes to entitle the party to the eiclusive
possesion of the la?ds as long as he shall work them,
iflexns. as plainly a* language can mean, as long as he
' shall work them under this permit. There is no neces
it) for the permit which the senator has proposed If it
wm adopted, and acted upon by any future Congress, it
would I* doing the greatest injustice. Fer.-on*7re now
thiiiping from the United States, with their machinery
?nJ provision*, to put uj?on these gold mines, and thev
want a security for some given length of time. They do
sot want to be tenants at will, without those rights
which the common law gives to tenants at will, and that
?hx months' notice. They do not want to be turned
omI any moment, as the government may choose to ?ell
Ai the bill now stands the liovrrnment of the United
Nates cari sell these land* whenever they please, subject
m Ibt lights of those who have permits to work a certain
number of months, and the time for which they have
Uicr permits must clape before any such action can take
ellect. That is precisely the way the bill now etands
lbete it no neces^iy for any alteration, and if any altar
[ *l,on 11 Wl)l Jo mischicf there, if any future Con
gress shall art upon it. It i? but a |>ower to sell the land
without a notice, and turn the letsee out. The very put
I'rMie m"10! r'k i, ev*"-,f no' M,e<i upon, will
hit,.! ,T b,> ^i"'lulell,,g the iieople, making ihem
Th? ,fMe i?,be ta?* "ut ?< ?"y moment.
D^Li ?. ,W0'k W,,h ???ot make their
preparations to go on?they cannot have that security
which every man must have in what he is doing, for a
[ J?*1 ?! to make heart courageous for
fcis work, and his arm strong for his toil. The bill is
precisely right in that respect at present. It limits the
Parties to twelve months.^j?e individual may take out
permit for any number of months he chores, if not
exceeding twelve. In some parts the mining season does
notexteud over the whole year on account of the rain,
2L 're OBl "i* ff""" ^r six or
ISitatt. ilT wbo h've m,iel,,nery ?"'? take out
1 W lhey w'W *ant to he safe
V?J ?.k ? ye^' aod ,b?y mu*t t* safe for the whole
1 ',h*y e#nn0' WOrk "Pint. The bill
? Hecisely right at present, both for the United States
*M the parties concerned. The United States can sell
when it pleases, .abject to the leases on hand, no one of
*?>ch can have but twelve months to run lrt?m the be
Mwng, and the pames are also secure in their labor.
M do *? ng uow
I , T!i The ^phaiic manner of the honorable
*uator from Missouri does not paw for argument with
- MJ" over -?1"1 0,,?, "!*"?. that ttiis is all right,
ro?n,'"IM >f no one could think differently with
?self. Now, I apprehend that every senator has a right
* judge of every law which is .0 be passed, although it
owLi ? L m refeie"<? to. California, without being
lromVl.il fowneJby the opinion of the senator
oHi. ^ ' 1 hu?b|y conceive that my contraction
S. ...I C*/V*hl' ml,hou?i? ? have hail always lor
* lodgnvent of the senator from Missouri great defer
C*n?. and Mid great deference in it. Now, 1 ask the
Jgment of the Senate upon the construct,on which I!
?e place.1 U|ion this sentence, and that which the iion
'* *n*t?r Irom Missouri has piare.1 u(k>ii it. He
,k 1? one can ?'"*true this third section other- I
o, h* ? confers this exclusive right to the lands I
m.r?fer?nce to the time of the permit. Now. I an
prehetid that no one can reail the sentence as it appears
? aiy mind, and come to the conclusion that the senator
lET,. ^ c?mo to' Th* "?'?<neiit of that sen
ZJ?' M "T elclu?'*e po'seasion is according to the
?UM .?W' ranC'IT*;,l 1* ?"tso. It is ?? so long as he
?nail continue 10 work the ?aine in good faith." without
SKEW ?5 Pf'"1'1' without regard to ihe permr,
*ithout being limited by the permit as to the extent tl*t
"e may enjoy his placer.
.Now, I hum hi > apprehend that the further argument of I
II ? honorable senator roncedea tbe truth of my position.
ii""*C .he T ,hi? ainendment injures tW party '
?mJrh,n'lry oul <he.e, and is doing the jalrties ,
Now' ho??U .T* m'ne." 'tre?l, '"justice and injury,
ni.MT .nT.?Ji ! ,n'Uf> ?,?,, injustice to he done Ui the
"!??.',* !, .???*rUCIion that I place upon the^iill
?"^?ruTairTt' 1P"1*?'H?I right ufthe
Now allhoueh I lo 1 cont'iiuea to woik il.
di'exeliisivenghtof possesion of the placer?not so lone
u the perm,t Is..., for .fiat permit it^ll. term. Js^S
"I ?y the previao-biit so long as he shall coiiinni. m
it in good faith. Now to meet the sincerity of the
??nator from Mi.<wou,i?for I am ?ure he m mnoere?I
S.TV ? '!T.,,hfmWO,OB) ol ro> ?fn',"tint'i". l? meet
te?d ** e,(PreSM?d' ?" '1*41 it will then
"he,r11,11 eontiuue io work ihe mim In vooi
?^'?11 I Cot'KWW fit ae Untied out;-., .hall
i?i?o,. 1" !"i 01 trtnrt'? wai?h?i*M ih# rl*hu ol
month," * P"n"'? he rexrved lor twelve
J?'!*" ^'r'*troctlon which the honorable senator
mil. v#,n ,or "y on* 1,1 donbt ia that these per
moi.iK."!i *,v'" ,orl1 f*riod than twelve
Mxs ,./?J ,0W f* ameiidmeot is proposed for the pur
u! JSSIXO'* ?i?w of the cs^e.
land ?ill 1. honorable senaior/rom Mary
holder f *'Ur amendment-it would now give ihe
moMhs P?*"#"''on the land for twelve
*as tw#U * ' ,im? u,^ef 'he permit remaining
have iirlf ?.r,'*n ,rK?nlh*' or ei rn month?so as to
'here msl 1. ? .T "">iiths, or for so much time ae
"riair?^,. J. P*r"1" " wo,,,,, ?'? "
however np<" whM in ,h* h'"'
hold? majTL'ij* ',n,u,*'ioii is precise Insloiehand. that the
land hJH y possesion mi long as he may work this
SSKliir,mit. Hu,L:' th?-"""or thinks neces
may ?oTk tl,i r*Pel,tK>.n' ?*> "'or ao long as be
"that ? <? und<r ,he Permit," and then add
failing inn^""M! "'Il 'h w1*04*' 'h*. P?rmi"" shall
Islt ? I am a little a'raid that if this bill is
W*M it now .tanda, we ahall lay the foundat.on for .
SteteaTthte i y Tfili irLon teiW u.
Stl?h?Tff T" |0tng out 10 the nun-. wiih a large
SSuS.Wrttn they set down that ma
chinery on the land in the mines ihey wish to ^ protected
in their righte. At the same timeheaay". the gorern
ment o( the United States can tell thee* land# at any time
they nee proper. Now, it sewns to me that when thut large
amount of machinery la placed upon the land, and they
net a i*rmil which would seem to give to them the right
of po**H-iou as long as they continue to worktberainei.
whenever ihey are turned out of pos*eseion under a mite
by the United Slate., they will come here and say they
have become divested of their vested rights, and claim
compensation for it. That will be just the result of this
thing, if the argument of the senator from Missouri be
C?mTVrATT. 1 have modified my amendment now, so
as to do away with all difficulties, I think,
Mr. DAVIS, of Mississippi. How will the bill then
"Mr. PRATT. The bill, if my umeiidmenl is adopted,
will read:
? 30 |onK us he ?hsll coutinne iu woik ths tain* ?n B001'
faith, 'durfurf iUs ooutiriuance wt' iho ??aid permit, sod n
longer " , . ,
Mr. DAVIS, of Mississippi. That, certainly, do?# rM
inove one objection; but it does not remove the *hole
disease. But you can never have capital and machinery
employed upon toe mountains, in the quart/, regions,
until vou part with a fee simple of the lano.
Now. tke senator from Ohio [Mr. Ewiae] made a
strange declaration to us to day. He told us that we had
given a State government to California, and the dim
ues now existing among those who work the: m.nes
arose from the fact that we had given them this SUtt
government, and they had thus lost their natural right 10
eatablikh laws for themselves.
Mr KWING. The senator from Mississippi did not
understand my remarks 1 said that the little squads of
men up in the mines had lost the r'lghU
fore possessed of making their own laws. I hat was all
ll>Mr DAVIS, of Mississippi. We have given a State
government to these men without giving them any pro
fectionof the law. Now. this is a strange specie, of
statesmanship which has kept us here for eight months
wrangling and quarrelling about giving n government to
Cjle wWn.w tU ibey have gat.it, ?? worce
off thanthey were before. Instead of giving them the
urotection ol the law. instead of extending a shield over
Pi iniiivirliml r it? hit* we h&V6 stripped then? their
imVural r^h^, that the honorable seni or from Ohio says
belonged to them. Now, if this foUy
r?lifnnna and vou have committed the egregious louy
"f giving^ government to .people so con.muW,
then at once retrace your steps, sell your land, and estab
lish a nermanent policy ; get men with capital to invest i
here immediately aii'l ^nnanentl y, and at once get rid o!
th'sstateof things, for which the ,-opulat.on is wholly
UIThe question being taken on the amendment a. offered
>yMtf FRKMON"^""I'uiTnk the amount of #?00, in the
?ix^h Ime of Ihe seventh sec;ion, which is charged per
,i a* ? u/nrkintz the mines, is much too high Ine
m0n insetted in committee when the amendment
nfthTseiMtor from Ohio was pending, which allowed four
?ime.t^e Quantity ol land that is now allowed move to
nj ,i.p section by striking out the words lour hun
My other
iimoiiiit that the Senate may think proper.
The PRESIDENT. That amendment was concurred
in by the Senate, and can only be reached by a reconsid
erMr?(}WIN moved a reconsideration. ... ,
Ami the vole of the Senate concurring in ih.s amend
ment in committee, was reconsidered. .
The question being then taken u|>on concurring in that
1 VINTON" T Ei'KS!? shown by the senator;
tlMr. ;J^trmTr I
whS^ oJTt rjTded to give him but ,
... ' I would have the proportion kept up exactly
tietween the placet and the mines The placer is allowed
f orJvtnnare feet The lumber of fquare feet,
rr.^44^100 ? if it had been 45,000 square feet, it
:ru".xtkfj,in. sz.?? ??s
*tbe placer, and I therefore move to make it <M> per
a?The a ueatioifbeing taken upon the amendment of the ,
senator Mom Mieioun to insert 8*). it was agree, ta
The bill was then ordered to be engrossed and read
third time. The third reading being asked tor, it was
*^*Pendtng'lhe qoesUon on the passage of the bill,
Mr S^EM(WT aaid: ! wish to make a few remark.
in ? dv to an obse^ation of the senator from Mua*
^ ?Mr i).vis 1 It seems to me that the remarks of
sippi, [Mr. Uavu j Ewwo.l a. applicable to the i
n f I S to have exercised, claiming as
wit did,'and as it does the ^V^^.^Txt'nd^
A, noon as the lawsof the^tbai, had
to that country. all tbe pre g Df California to pre I
been mad* P''* 'cruHione of the arrangements
serve order fell to tne gro ? remain, then, I
now exirtm* there wi" |(> ()trM sonif rule* I
for the United State* to an > object of i
sans ?*??
ciee over that country hin ^ con(lj.
^i?1|?Sj swtem Vt United States is extended 10
JL^mSMrs E,rsuM
California. ITtat I lea ? Cslifnrni., that 1 do
??t bel'ieve the jiople u^n (?U.
ss srss."
the matter was being diwu<-ed.tbatl knew^uwre ^
sort of morality among mmers that^ the ^ ^ ltTrrMd |
they kn<>w1!j!;'v^lj,-r*na that they maintained order? ;
%:oi? s??o SSLn:
1'1're ? ttaV'Vl" w?re "0W in " m?r". ,#0I'
over it, therelOTe tue ^ Thal WM th<! po,nt | made
derk condition than ?h ^ me (lM.t ?( their having
on the .enator from t (...,rtVe ,he,n of their power
a State organization j w me l(J |>e a rery strange
to pr^aerve order l ^ ^ UJ cUlln Vh*t those who so
pf)5inon. I Inou* immetiiaU idilMMOVi ol Cah
and or ltf
forma should have ? |?|nie ihey asked for ita
theic. and power o |o m( 'ha) . had juin^d ahead
adm.samru t see ^ lhlU which, by
it w? ?.
Now, as to the title t r)w,tiy belonged to the Urn
territorial eoa4Kio?>. ttoi ^ ^ K|)( 1)f)W ,Ul it baa
led Stale*. ? ^ disputed. Since we have ad
liccomc a State, it "?!? without making any compact
milted them as a Sjat*. QW,tiou. Before tttere
about these Ian4e,tkat mmr,"hat ? mwleun
coui't be none. Inen? ? acuutred no
BSt: m
,bMr?OVVf^"mm<h !? d,e??nd We {^.w
,hf,yr r.?oJ f^uM&
h'rK?e-w~n ^ Mi
SSta i si-a w
^TSHSf1"TftlSSW*. ??
?iMiPpi bad made any iw??
Mr DAVIS?of M'?>Sp. Whlt im^ul*lionS j
' 7&%SCDENT.'*Order! The enator from Ohio
i. entitled to U?e .
&?Si!ht."rtS-w I-Mitai. -in
take hi* eeat. Tha senator from Ohio ia entitled to the
Mr. DAVIS, of Mississippi. The remark, of the
senator from California are not applicable to anything I
^The PRESIDENT. Order! The senator from Ohio
ia entitled to the floor. , .
Mr. DAVIS, of MiMiaaiH>i. The term "defend" al
ways means something. ... j
Mr EWING. I merely wish to aay that I advanced
no such position as the senator from Mibsiesippi has put
in my mouth-not at at all. When he row and stated
that f had, I explained to him that 1 had advanwd no
such thing. He chose to make his speech, and I did not
choose aaaiu to interrupt him. 1 saw that he had made
up his mind to reply to what be intended to impute to me.
and I did not like to deprive him of doing it. But I ad
vanced no such doctrine as he put in my mouth at all.
Mr DAVIS, of Mississippi The Senate heard what
the senator from Ohio said. I think I was right.*
Mr. EWING. Not at all.
Mr. DAVIS, of Mississippi If he did not say that
these people had lost the power to preserve order by |
being admitted into the Union, I ask him what he did |
""for. EWING. I said that they had lost the power to
do it in a iiarticular manner. They had lost the means to
establish their own local alcaldes by their own authority,
because the power of these alcades was destroyed al
most, by submitting to the power of the State govern
ment That is all that I said ; and therefore we ought to
establish that species of local government in these par
ticular discing;* which they bad eMablis&ed tor them
selves. That is all.
Mr. DAVIS, of Mississippi. Before the senator can
make anything out of hisi?osition. he will have to show
that we acquired something over California by her ad
mission as a State that weliad not before.
Mr. EWING. Not at all. , .
Mr. DAVIS, of Mississippi. If the authority was
complete in the United Slates over it when a Territory,
if the soil belonged to the United States when it was a
Territory, there was no higher authority than to estab
lish courts without our permission then than there is
now. The senator from Ohio made an argument evi
dently without knowing to what it wofld lead. 1 drew
the conclusion which every man must make. As to his
kindness in permitting me to inake a speech, I permitted
him to make one, ami then drew the conclusion which
every man must have drawn. . ..
Mr. EWING. I think no man drew it but yourself.
I presume no other man in the Senate understood me in
that way. ... . ?
Mr 1'EARCE. It requires the unanimous consent of
the Senate to put thia bili upon Its final passage at
this time. I shall object to it, in order to get to other
business. . ...
Mr. GWIN. I hope the senator will consent to its
passage at this time. 1 think we cau |?ss it at once.
Mr. PEARCE. If it can be passed without further de
bate, I have no ubjeclion. t . . . .
The question being taken upon the final passage of the
bill, it was agreed to.
INDIAN AfPaOPaiATION BIU..
On motion by Mr. PEARCE, the Senate, aa in com
mittee of the whole, proceeded to the consideration of
the bill making a|?propriatioiis for the current and con
tingent expenses of the Senate, &c., for the year ending
June 30, 1851 .
The committee reported the bill with certain amend
ments, the first of which is:
" In linen 27 a id 2#, strike out the word* 'two 'hou*and,'
and insert instesd lliereof llie word* 'lilteen hundred.
Mr. PEARCE stated that the Committee on Finance
had already made an appropriation of #500, which applies ]
so far to the same object that lliey reduced this general
appropriation to $1,500.
The question being taken upon this amendment, it was
agreed to. , .
The second amendment is this?
" After line 25, inserts ..... , .
" for ilie enaction *nd repair* ol building* lor the l.hoe.
'* ? For th.' ereciiuu o? building lo? 'he Craek Indian sgen
C'--erec'ion of buildings for the Cherokee Indian
agoncy, (to be located actordiug to trea'y ttipulstiom.)
**-For the erer-.tion of an atcencv bou*e for the u?e of the
sub-sgent lor the Usage tribe ol Indians, i?00.
Mr PEARCE. The committee were satisfied of the :
propriety of making these several appropriations for the
various agencies. At the Cherokee agency the buildings
are eo dilapidated that the agent has been compelled to |
ask and has received quarters among the troops at Port
Gibson, which any exigency of the military eervice with- j
out quarter msy oblige hiin to abandon. Besides, the
treaty stipulates that the site of the agency shall be se
lected by the United States, and the council of the Chero
kee nation, and a different site is considered to be proper
The buildings at theCreek agency are in an equally ruin
ous condition. , , .
The dwelling of tbe superintendent at the Choctaw
aceney reqauea tome five hundred dollar* of fepajra
but a sufficient storehouse is required. We frequently
have at this agency from $25,000 to #30,000 in money
and goods, which are liable to pillage ; and attacks have
already been made, and the security of the public property
requites this appropriation. .... .
The plan and estimaies submitted to the committee
seem to be unexceptionable.
At the Osage agency there is only a dilapidated log
house, which will not even shelter any one from the rain.
Only #800 are asked for this.
The question being taken upon thisamendment, it was
agreed to.
The next amendment is this:
?? In line 107, after tin wort} 'years,' unert the wonl? j
'payable to tbe Pilia?er bst.d."*
Tbe question being taken upon this amendment, * was
agreed to.
The next amendment reads :
?' la line 10S, stilke out ' Orel* and in?ert instesd thereof
' It ' '
Mr. PEARCE stated that thia amendment is merely to
correct an error of tbe Housrf. ,
The PRESIDENT. That will be corrected without
taking th* question.
The next amendment is this t
?? After lloe 1U tnrett t ' To supply defleisncles In former
appropriations to the Cnippewss of Lske Superior and Mis
annuity In goods, for live fears, payable I?
the PiMiigiir band, stipulau-.l in tiie 4 ta article ol tbe t.eaty
ol tnr 2tV. of August, Iw, to supply a delie.ienrv lor tills
? mount in.the app.ot.n?tio.u fut the yesr IMS,
?? -For limited annuity lor forty sis years, to be paid to e
C'lippewss of Mi?*i?sippi, *lipulited in die 8 I art " ?
tiealy ol tu- 2.1 ..I A-lrfiut, Hll, to i?,V(l .
this amount in th* sps'ropneti?:i? lor the jresr IBi". i
#1.??'" , ..
Mr. PEARCE. When these treaties were mide with j
tbe Indian tribes provided for in three two clauses, an
appropriation was made for the purpose of paying the an- ,
nmiies, in compliance with the term* of the treabes for
one year. Hut the appropriation was so late, that before ,
,t was paid the annuity of the next year sras already due ; i
and this appropriation is for the purpose of bringing up the
hack account, so that hereafter the annuities shall be
paid when due. . j.
The question being taken upon this amendment, rt was
agreed to. ...
The next amendment is this:
"In ime 119. after th? wmd *Wentv,' ln*ert, 's.idjh*
ninth article of the treaty of the 2hh o( January, !"?
Mr. P. saiJ that this wat necessary, because the
treaty was not properly described in the bill as it came
from the House.
The question being taken upon thu amendment, it was
agreed to.
The next amendment is i
" .Hlnke out sit alisr the word * shop,' iu line IM, to and
in hiding ilio word* ' tweniyllve,' hi line 1.12
The amendment was agreed to.
The njixt amendment is :
?< |? line |!W ?trik? out the word ' sevnnteentV and insert
Inst-sd thereol 'sixteenth.'
The question being taken upon this amendment, it was
agreed to.
The next am^ndm-nt ia :
?? la line IM, strlk ? out the word 4 thirteenth,' and insert
instesd tliereol tbe word 'thirtieth.'
The question being taken upon this amendment, it was
agreed to.
The next amendment is thia:
I '? in line 1<M. instead of ' chief,' ln?ert ' chiefs.' "
The PRESIDENT. That will be coirected, aa a mat
ter of course, without the necessity of putting tbe ques
" The nexlain.tndment is:
?? In I in.- 1? ?'tnk- oui the word 'sixth,' snd Insert in
stesd tboreot ? twenty third ' "
The qnaattod being taken upon this amendment, it wee
' agreed to.
The aext amendment ia:
| "la line 270, strikeout the word ' eighteen,' and insert
I instead thereoi the word* ? thirty-four ' "
The question being taken upon this amendment, it wan
agreed to.
The next amendment ia:
" Strike out all from line 3<>7 to 873 inclusive, and iuaert
instead thereof ti foilowa: 4 For interest, to b? paid aa an
nuity on two hundred thousand dollar*, per resolution of the
Senate of the 2Ttli of May, 1H8?, 912,000.' "
Mr President, the section aa it stands recognisea
the iiuk-btedneaa of the United States to the Ottowa end
Chippewa Indiana in the aum of 9400,000, to be paid only
when they ahould comply with the conditions of their
treaty with the United States. Thi? money waa to be
jiaid in consideration of the laud or luids ceded by them,
and lor certain reservations described in the treaty, and
waa not to be paid until they bad actually removed.
Now, these Indiana are still upon the lands, and the
money is consequently not yet due. The committee have
thought, therefore, that with the present heavy appropri
ations which have neceaaarily to be made, and in view
of the fact that Congress will be in session again in a few
months, it will be better not to anticipate a necessity
which has not yet occurred.
' The question being taken upon this amendment, it was
agreed to.
The next amendment ia:
" In like 410, strike oat ihe word ' Ave,' and insert instead
thereof ihe word 'lour.' "
The question being taken upon this amendment, it was
agreed to.
The next amendment ia:
" In line 4IH, insieail of the word 'oliief,' insert the word
' chief*.' "
The PRESIDENT. That is a verbal error: let it be
corrected.
The next amendment ia:
" Strike out alt after the word ' inon?y,' in line 4#7, to and
including 'be words 'twenty-eight and,' in line 501,and in
ter' instead thereof the word* 'stipulated In.' "
The question being taken upon this amendment, it was
agreed to.
The next amendment ia:
_ " In line 502, after the word ? fifth,' insert the werds ' and
Heventeenlh.' "
The question being taken upon this amendment, it wus
agreed to.
The next amendment is:
" In line 523, after the word ' fifth,' insert the wotds ' and
seventeenth.'."
The question being taken upou this amendment, it waa
a*reed to.
The next amendment ia:
" After line 525, insert:
" To supply deficiency In a former appropriation for the
Potta vatouiies.
" For interest nn six hundred ami forty-three thousand
dollais, at five per centum, stipulated in the seventh article
of Ihe treaty of the tilth and seventeenth of June, eighteen
hundred Bud forty six, and to supply a deficiency to that
anion lit in the appropriations for eighteen hundred and
forty-tight, tliiitv-two thousand ono hundred and fitly dol
lars."
Mr PEARCE said that the explanation of thia is the
some aa that in relation to the Ottawas and Chippewaa.
The question being taken upon thia amendment, it was
agreed to.
The next amendment is:
?? In line 528, strike out 'eighteenth,' and insert ?thir
teeiiili.'"
The question being taken upon this amendment, it waa
agreed to.
The next amendment is:
'?In line 531, striko out 'ciglenntli,' and insert'thir
teenth'**
The question Wing taken upon this amendment, it was
agreed to.
The next amendment ia:
" In line684, strike out 'eighteenth,' and insert "tblr
<?<nih'"
The question being taken upon this amendment, it was
agreed to
The next amendment is:
"In line 539, strike out 'eighteenth,' and insert 'thir
teenth."
The queation being taken upon this amendment, it was
agreed to.
1'be next amendment >?:
" Strike out frotn line 558 to line 561, Inclusive."
The question being taken upon thia amendment, it was
agreed to.
The next amendment ia:
" Inline 60H, strike out the words ' twenty-first Septem
|>#r,' and insert instead thereof the words ' fourth Augnst.' "
The queation being taken upon thia amendment, it was
agreed to.
The next amendment is:
" In line 609, striko oat the words ' thirty-two,' and in
sert instead thereof the words ' twenty-four."'
The question being taken upon this amendment, it was
agreed to.
The next amendment is:
" In line fiW, strike out the word 'eighth,' anil insert In
i lead thereof tlie word ' fourth.' "
The question being taken upon this amendment, it was
agreed to.
The next amendment ie:
" In line 067, strike out the word ' two,' and insert in
stead thereof the word ' ten.'"
The question being taken upon this amendment, it was
agreed to
The next amendment is s
" Strike out ail afler the word 'dollars,' in line 707, to th?
end of line 70*."
The question being taken upon this amendment, it was
agreed to.
The next amendment ia:
" Strike oat ell from line 713 to line 721, inclusive,"
The question being taken upon this amendment, it was
agreed to.
The next amendment is :
" In line 750, ins'ead of tbe word ' parts,' insert ' parly.'"
The question being taken npon this amendment, it was
agreed to.
The next amendment is :
" Strike ont sll from line 797 to 771 Inclusive, and insert
instead Kiareof as fot'owsi ' Kor compensation of two spe
cial agents and four Interpreters lor tbe Indian tribe* of
Texas, including the pnrahase ni presents, 910,000."*
Mr. RUSK. I ho|>e the honorable senator will give
some explanation of the reasons of this amendment.
Mr. PKARCK. Mr. President, this section is intended
for carrying into effect the treaty of 1844 with the Indian
tribes of Texas, between those Indiana ami the United
States, hut there have been no estimate* made ; and upon
looking into tbe treaty itself, we find that there are no
stipulations for any specific suin like #r>,0UU,or any other
sum. winch waa to be appropriated by the United States
for the purpose of carrying them into effect. There are
no stipulations for the establishment of Indian agencies
at all. There are, however, some general provisions for
the rights of the government to send among them, and
tone assurances winch may lead to the expectation that
some money ahould be e*pended for their benefit The
committee liave thought that the appropriation of 910,000
would meet ail the exigencies ol the ease, and that it
would be far better to render the appropriation specific,
by determining how it should be applied than hy leaving
it vague asan sopropriation for carrying the treaty into
effect, when in fart, as I have staled, no mode of applying
it is pointed out in the treaty itself.
Mr RUSK. Mr Preeiilent, it seems rather strange to
me that the committee should have thought lit to strike
out this appropriation of ?15,000, and supply its place by
glO.O'M). ft is not my purpose to go into any investiga
tion of the treaties subsisting between the Indian* of
Texas and the United States. There ia a stipulation by
which ceitain persons were to be sent among them.
Blacksmiths, for example, were to be sent there. This
stipulation was complied with the lirat year, eince which
it has been entirely neglected. I had on a former oecaeion
some #15,1*00 appropriated for the purpoee of defraying
the necessary ex|>enees of agents to go among these peo
ple, talk with them, ascertain their wants, and cultivate
feelings of amity and good-will. Since then tbe whole
matter has again been neglected. Tbe consequence of all
that baa been a constant war upon the frontier. The
United State*, ia consequence of that war, have already
expended hundreds of thousands of dollars, and will ex
pend hundreds of thousands more, before it will be ended,
unless more appropriate measures are taken than have
been taken to put a stop to it. There is a continual loea
I of life upon the frontier. It ie a hundred timea worse
now than it waa before the annexation of Texae to the
' Waited States
Now, air, in my opinion, ?13,000 is very little ??.u.
?uch circumatauces, to appropriate for ih?^llnte '
to f^*,UOn* c?n?W* with I heme In
V* *?" UP to tim? a total neglect Sf
every appropriate means to bring about ? peace with
if?' ? e w*r <? not carried onm wch a
h "vf ^nd 10 that result. 1 hope, therefore that the
ho?or.blecha,rn,?n of the Comm.AftSa
"r. ?"* <*??*? jn *? amount affiZ
mavX iiiHt a? k* UsrmH. of ,he amendment, they
En 1 /h < 1 or bet,er 'h?" those of the original
be ex neud #LTuri? "S!f the 8Um * ?"SEE
Interior Tf ?,^i l ?d,'rect!on of ,b? Secretary of the
the frontier ih^n'Ti'I k**P. UP a continual war 00 1
/ .u . ,et ""c*1 ? M'cy be adopted a* the
SEffisjf. V"1"'? ? ""
?h? fhe Senate will perceive verv clear I v
airim h** n? 'W0V'*'?n to be carried into effect' which re
quires the appropriation of any auch ?um Thl l. ?
325,si 1-zsr1"'?"b'
Surh La k ,f ^ Blkfi specific appropriations
latehei!tofore PuJ, at\eTof
theritor? toISl.Wf!? have thou*ht >t tbeir duty.
gSf^aetr srKara rr
han3. from .he late Secretary at War, MrIfcmwfoK
one of the Texas representatives in the other Home: '
..War DarARTan.iT,
.. t Washington, April 4, lMO.
Sir 1 I return herewith the interesting letter of th.? In
in ihe aspect of humanity the plan is hiahlv fn.m
MrRollittMlit'0^ ltohi,iV0 a*reo'nen'- " by
??>?...!.!!i.1' ,s*>. the commissioners of the United
C l .,? ^,k,'? 8U,r,)r lndi<M? w"l' pr.Mnt. uT
1 ein ol opinion that the ram indicated bv Mr R.nl
L7h!nrwiu:<{ouVhVoei,rt ,h# ???n?eo^mPi^li
("it oa 1he?/u?M ^hn,iIT'; U the ?t
i rcj oti tueir part should l>e succe?s(ul, and conseouentiv
evary inducement offered by which they may attain sue
wou!d?beWremove,nrT?. '** tl",, V1?*' *mbarraMmem
w ",K SJ'MC " jy
?sss rjzwtext-B
ainau. wvage. demand, an exclusive enjoyment '
?rviin? r 10 be' Vof' re.pectfulljr, your obedient
"O W. CRAWFORD,
" Hon. VoWH E. Howard, Waahlngto^TO"^ WM
w'JtSSSS ""?"? -
Hn<vCti 11 '* for f.ulure "?enU entirely.
?mVnjiSv . 1 1 "l0Ve'ln lbe firet Pl>ce, to amend the i
Thl n^ J11, ?tVk,nK 001910,ouo and inawting #15,000.!
, beniK taken on this amendment lo the 1
amendment, it waa agreed to. ent to tne
Mr. RUSK. I now move to add the words "to be
tenor'" " d'fwtion of the Secretary of the In
U|,<>",h" 10 th.
?""" !
The next amendment U:
Strike out &U affcr the word 'tinny 1 in linit 7wo ?n anj ^
mcludin* the word 'tribeOn Une 7*[" ' ? *nd
agr?edbelD* ,aken UP?U ,h? amendment, it waa
The ne*t amendment-Is:
"Strike out all after line 7?1 to the end of the bill."
The portion propoced to be stricken out it as follow*:
P.L^'2wtah the MifslMlnpl and St.
w S'Qua, for Oia aztinKul?hmant of their tide to land.
mi! Temtorf, flltoeu thousand dutlsn
1 ul lrnmtlnK w"h ih? Indian', and hall
breed., for the MUrmoisbment of the title to their larnt. in
Minneaou Territory, ten Ujourand dollar.."
Ki r. PEARCE. I will explain the reason a for strikinc
out tbw prov'swn It is now so late ia the year that 111
would be impossible to effect a negotiation of the pro
posed treaty. The ludians go out in the fall to tbeir an
nual hunt, and will not be there to make the treaty. The
department had the aame difficulty in relation to the an
prop nation made last year. They could not lind the In
diane. They had gone out upon their unnual bunt. So.
if weappropnate this atone), we shall not be able to
negotiate the treaty prior to the time when they will
leave home. There is another reason in addition why
we should not press these negotiations too rapidly The
committee have thought that we have of late been get.
ting on quite fast enough in this matter of the extinction
of Indian titles, and that it ia time that we should adoptj
as our motto/Varna Unit The extent of coantry pro
posed to be ceded to the United States by tbe contemida
JJ*1 ? wy large It all lies upon the west bank of
the Mississippi, and will he described as consisting of
two sections?a northern section and a southern. The
southern section of tbe country lies imm?diately north
of Iowa, and consiMsof twenty millions of acres; that
u.}? my* a "K** 'ban thirty thousand square
miles?three times the extant of the terntoiy of the
Stale of Maryland. The other portion of th< country
to which it is proposed to extinguish the Indian tiOe ex
tends i|uite up to the line of 4'J degrees of north latitude,
which is the northern boundary of the United States
I cannot say precisely what is the extent of it, but it
cannot be leas in extent than the southern portion; so
that it is propoaed to extinguish tbe Iml.art title to not
lea* than forty millions of acres of land between the
northern boundary of Iowa and the nonhern boundary of
Ihe United States 1
Now, the Territory of Minnesota lias not yet been or.
gam?ed two years, and we have already extinguished !
the titlo to I5.UOO square miles of land, all on ihe en?t I
aide of the river. I know of no particular reason whv I
we should make haste to extinguish the title tnthelsnd
on the west aids of the river. If we extinguish it now.
we shall be called on to pay oat a large sum of money,
a* the purchaae cannot be completed for leaa than ten
cents an acre. I know there is an estimate made by
which aa expectation is suggested that tbe lands mav be
obtained for two cent* and one-half per acre; bnt I think
that is ?nt'f*ly without foundation, considering the high
Cm re*rr*??n? in that neighborhood are
.ifu .1 ,n ?Cr#i,t wou,d tNtextinguish the
ttle to tbe aoathern portion of this territory #9,000/100,1
reason why we should appropriate that sum of money
at he present time for that purpose. There are already j
Ti .If ?i 'and ?n Minnesota to which the In
diaa title is already extinguished, now three times greater 1
n extent than the State ol Maryland, and which are en
tiraly unoccupied If we make these large appropna
lions, we may And onr treasury burdened to such a de
gree thai it cannot stand the pressure h is said-to be |
lha last pound which breaks the camel's hack. There 1
are sagacious men among us who think they ate signs of 1
an approaching commercial convulsion If such a thing
should take place, which is not at all improbable, it be
comes us to consider the effect npon the treasury of these
immense appropriations, and whether we may not em
barraas ourselves as much as we hsvedone on some oc
casions heretofore. In view of all these considerations,
the committee have thought it best to pursae the policy
which they recommend
I believe, sir, there hss been an idea that it waa neces
sary to extinguish Ihe Indian title to these lands, m order
to enslile the mail to travel to .Nt foul's in the winter It
is csrried up the river during the sum ner on steamboats
but it is said that during the winter it has to go bv land
and that for that reason the Indian title ought to ^ er '
llZv'mtli thl'V'T ln'lian title ia extinguished al
Fll ?n l*ri|"I?Pon f^e ?'de of the river, and
aee do reason why the mail cannot be carried upon the
TO OCR dUBSl HIBKHM.
Tba uau of bo pataua will be uum tfM ?? >wti h?<?m Ik
paywoai ?ru>? sukecnpeoa W inula la Un*M.
Ouuut Mrtacnbem uy forward ua awwr by Uu?, tba paa?M'
u* which will ba paM by im, aa4 all rwk awuiuad ky ?unalvs* IHHI
The COUNTRY l-APEK u ^ikUaiwd u> weakly 4uU| l*eaa?
?low or Cuacfttx, a*4 aaaU-waakly <ul>| Ua racaaa.
tfubacftfrtuM tor a |huM Iw lUau a yaai will ka tatelvaS '?
icruu pm^aHtooad 10 (ka abova auaual raiaa.
Hy>rO0TNA?TilB8 ? aaUums.d tu aciaa oui a*e*? | ui ky
aaadlai ua ri?a DAILY anbecnban, wUb (Ml aailmt, at ei?s
DBMI VVKUL Y aabaenbaw, wub gMaacloaad) at nva WUKLT
asbscitben, wllk #iu eaclo.eS, wUI be ?uuU?S w <mm taff of ?*?
? odlUoa ak they ftwwisk aa subscibara tor, crolw.
?aal ?? well as u|h>q (lie we?t side of tb? river. 1 tbink.
therefore, under nil (lie circum?lances, that the Seuat*
will concur with the cuoinittee in thinking it heat not to
liasten at this lime the purchase of these lands, ami ss
pecially ?o u no provision has yet been made for ilka re
moval of these Indiana, and no place designated to which
they are to so.
Mr. ATCHISON Thi? bill has been recommendad by
the Committer of Waye and Means in the House of Rep
reaantatives, and by the Committee on Finance ia the
senate. 1 he first objection urged against this appropriation
for tb? purpose of enabling the President to maka the
treaty with the Sioux Indians is that urged by the aena
tor from Maryland, that a treaty cannot now be made iu
a reaaonable time; that the luuians are oat at their bunt
ing. I am informed, air. that the superintendent of In
dian affair*-the governor of Minnesota, who ia ax offi
cio supemitetident of Indian afiairs~~hsa been reuuired tiy
ibe Department of the Interior to notify these Indiana
that it was tbe intention of the government to treat with
them. That notice has been given; so that thatdi&culty
ia out of tbe way.
Then, fir, the general propriety or expediency of
extinguishing the Indian titles within the limits of
the country of Minnesota is another matter, with which
other gentlemen are better acquainted than 1 am.
But, sir, the governor of Minuesota, tha Secretary
of the Interior, and the Commissioner of Indian
Affairs, have all recommended this appropriation; aad
it was upon their recommendation, I presume, that
it was inserted in the bill as it came from the House
of Representative*. An estimate was sent, aa I have
been informed, to the Committee on Indian Affairs in tbe
House of Representatives, and I am conAdent that it was
accompanied with strong recommendations. As to the
absolute necessity of extinguishing the Indian titlea
within the Territory of Minnesota at tbia time, that ia
better known to gentlemen representing the States in that
immediate neighborhood tlmn to thow- of any other part
of the country
Mr. JONKS. I sincerely hope that this appropriation
will be made, and that the amendment submitted by tha
honorable member from Maryland will not be adopted.
It ia important to the Stale I represent, and atill mora im
K riant to the Territory of Minnesota, that a treaty should
made with the Sioux Indiaus. They border upon the
north of the State ?f Iowa, and impede the settlement of
the public lands in that Slate. We now have before thia
body a bill making appropriation to pay a large sum of
money to deputy surveyors wbo have been performing
tbeir duties in that Slate, for depredations committed upon
them by the Sioux Indians. If there wa< no other ration
in tbe world than the fact of tbeir thus depredating upon
our people, I think it should be sufficient to indue* Con
gress to pass a bill making an appropriation for a treaty
with them. There is no doubt, aa the senator from Mis
souri has said, that the Indians are now waiting, under
the order* of General Ramsey, to coma down and hold
this treaty. If a treaty is made now, in consequence of
an appropriation made to hold a treaty, it may be con
cluded before tbe month of December. Tba treaty will
then have to come to ua to be rati lied before any money
can be paid. There is no probability that any important
sum of money will be paid to tbe Indians soon. The sum
will be |?id in annuities, and it will be at least twelve
months after the treaty is made before a cent of money
will be taken from the general government for thia pur
pose.
Their country, in north of Iowa, within the State of
Iowa, extends about seventy miles. Then there ia a dis
trict of country, occupied by those Indiana, about two
hundred miles towards the north, besides tha country in
Wisconsin and Miunesola, which ia government land.
This country on tbe opposite side is occupied by the In
dians, wbo are a source o! annoyance to the commerce
of the country. Tbey annoy the steamboata which are
navigating the rivers. It is impossible even to aatabliak
a wood-yard upon the weatern aide. It ia frequently the
case that the best timber for the steamboats is to be ob
tained upon the weatern side. To avoid this annoyance
is another reason why I will vote, and hope that tha
Senate will vote, for an appropriation to make a treaty.
The senator from Maryland says he does not know 4
why a mail cannot be transported upon the east side M
well as upon tbe west side of tbe Mississippi river. Tbe
reason ia very obvious to those who are acquainted with
the character of the country-. Upon tbe east side of tha
river tbe surface is very much broken, so that it ia alafbat
impossible to get along; while upon the western aid* wa
can travel with great facility, the country' being much
more level, uniform, and plain.
Mr. PRARCE I am satisfied, notwithstanding tbe
remaps of the senator, that it is too late now for ua to
expect tbe negotiations to be made this fall with tba In
diana. Last year instructions were sent out in August.
That proved to he too late. These estimates were a*nt to
tbe House in June. The department expected tbe bill to
pais promptly, within two or three weeks doubtless. In
that case they might have sent in lime to get tbe Indiana
together, and have the negotiations entered into. But
why ia it ibat the department, though ibey sent the ap
apropriation here, are already lukewarm in the matter I
Is it iioi because they are atisbed that it ia too lal* to
effect tbeae negotiation", although runners wen sent out
to tbe Indiaus some time ago ? Tbey do not atop thair
bunt a|>on a mere contingency like this?at every meaaaga
sent to them, not followed up by aa authoritative de
mand upon them to meet at a particular time for thia par
pose. That being the case, 1 think it muat ba very ap
parent that an appropriation now would ba too late to
amount to anything for the present seaeon. Being un
necessary, therefore. I hope the bill will not be hardened
with it.
Mr. DODGE, of Iowa. 1 trust, air, that the Senate
will not concur iu the proposition made to strike out the
appropriation to defray tbe expenses of holding a.
treaty with these Indian tribes of Minnesota. Tbe legis
lature of that Territory haa memorialized Congress to ac
quire the title to this territory, and the department baa
made tbe recommendation, and estimated for tbe expenses
of holding a treaty with these tribes. Whether it ean be
now held or not, it is very^ertain that it is a difficult
matter, and may be left to the discretion of the executive?
at least I am entirely willing to trust them. Not
standing, however, in the same confident relations to
them that the senator does who has made tbia recom
mendation, yet I am perfectly willing to trust tbe execa
tive of the United Stste^-the President, the Sesretsry of
the Interior, and the Commissioner of Indian Affairs?with
the money to make theae treaties at the time that the
interests of the government will be best snbserved by
doing so. Bui, air, if the appropriation for which they
have asked and estimated is not now made, it may not
be made during the next s*sion of Congress It may be
overlooked, and delay may occur again If it is in time,
the treaty will beheld; if not, the superintendent of Iv
disn affairs will not call the Indians together. Now. I
suppose that when my (riend from Maryland [Mr
I'xabcx] spoke of tbe amount of money paid for thoae
thirty or forty thousand square miles of territory to be ac
quired north of Iowa, up townnla the forty-ninth parallel
of latitude, costing the government of the United Stales
millions of dollars, he tnust have been thinking of the
poor lands of Manland or of Virginia; he must have sup
l>o*ed that a very large amonnt of the lands thua acquired
would never sell for a dollar and a quarter. Why, air,
upon the score of dollars and cents, it is tbe best specala
iion the government of the United Slates could poseiNy
enter into The government would realixs for this land,
for which we are to pay sixty-five cents an sere, fiari.
Deducting tha entire expenses of surveying and entry, you
have a profit upon what coats but ahont two millions of
dollars; so thai you would realixe for those two millions
eight or ten millions. I?ands in Iowa and Minnaaota in
all valuable, and are sold bv the entire township. There
are no poor lands amongst it; *? [V
1 cants are concerned, it would He tha most splendid specn
I lation which the government could enter into.
But, independent of thai, I think that the peace of the
I frontier requires that the title of tbosa Indian* who bor
der npoa some three hnndred miles of the Mississi
river there should be acnutred by the United States.
iSiere is a strip of three or tour hundred miles near Gal?:
i na. Illinois, or Dubuotte, in Iowa, upon which the whites
do not own a foot of land, rir no woodlands or other
conveniences for the steamboats that are navigated upon
the river daily and hourly, with a trade increasing every
day I hope the appropriation will be made, and that it
will be submitted to the discretion of the executive to
hold a treaty this fall, if wc can, and, if not, next
spring ,
Mr. COOPKR I think that tba senator from Mare
land [Mr Pc-ascic] is mistaken in the supposition that the
treaty cannot be negotiated durinx the present fell. Ap
propriation ha* already been mads to negotiate a treaty
with the Sioux Indiani. I have been informed by a let
I ter from Governor Ramsey, that, having learned from the
1 department some time ago that commissioners were to ba
appointed and had been named, hs bad prepared to some
extent to made the treaty during the pre-ent fall. The
Indiana are prepared to tre*t at ihia tune, and they expect
to treat at this time. Their mood is now favorable to a
treaty How long it will hold I cannot say; nobody can
My. Pains have been taken by the authorities of Min
nesota to induce them to treat, and the inducement* that
have been held out have been favorable to the purpose
It is exceedingly important, I am informed by the gov