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state that any member offering to vote does so upon

CLERKS TO COMMITTEES.

of $100,000 to preserve the Falls of St. An. the assurance that he was within tho bar when the last name on the roll was called: Provided, how Mr. SCOFIELD, by unanimous consent,

thony, and thus protect the navigation of the ever, That any member absont by leave of the House offered the following resolution ; which, under

Mississippi river above the falls; which was may vote at any time before the result is announced. the standing order of the House, was referred

referred to the Committee on Commerce. Mr. HOLMAN. I ask that the second to the Committee on Accounts:

Mr. WILSON, of Minnesota, also, by uvani clause of the twenty.ninth rule may be read,

Resolved, That the Committee on Naval Affairs be

mous consent, introduced a bill (H. R. No. so that we may see exactly what the amend.

authorized to employ a clerk during the sessions of 148) making a grant of land to the State of ment is.

the Forty-First Congress, to be paid as clerks to com Minnesota to aid in securing the navigation of Mr. FERRY. I will state to the gentleman inittees have been heretofore paid.

the Mississippi river immediately above the from Indiana that the object of the amendment Mr. BENJAMIN offered the following reso. Falls of St. Anthony; which was read a first is to save time. The Speaker is now required lution; which was referred to the same com and second time, and referred to the Commit. to put the question, "Were you within the bar mittee:

tee on the Public Lands. before the last name on the roll was called?'' Resolved. That the Committee on Invalid Pensions

REFUNDING OF TAXES. to every member rising to claim his privilege be authorized to employ a clerk for the Forty-First to vote. The object of the ainendment is that i Congress at a rate of compensation corresponding Mr. DOCKERY, by unanimous consem,

with that paid to the clerk of the Judiciary Comthe Speaker shall make a general statement at

introduced a bill (H. R. No. 149) to refund mittee. once, and then allow each member to rise in

certain taxes illegally collected in the internal

Mr. COOK submitted the following resolu. his place and offer his vote upon the accepted

revenue department, and for other purposes; assurance that he was within the bar before the tion; which was referred to the same coinmittee:

which was read a first and second time, and last name on the roll was called.

Resolvell, That the Committee for the District of

referred to the Committee of Ways and Means. Columbia be hereby authorized to employ a clerk, The SPEAKER. The Clerk will read the whosball receive the same compensation as was paid

INDIAN APPROPRIATION BILL. rule as it now stands.

to the clerk of the same committee for the last session The Clerk read as follows: of Congress.

Mr. DAWES. I move that when the House "And when any member shall ask leave to vote

SEIZURE OF THE FOREST QUEEN.

shall resolve itselfinto Committee of the Whole, the Speaker shall propound to him the question,

On motion of Mr. HOLMAN, by unanimous

for the purpose of considering the Indian apWere you within the bar before the last

name on the roll was called ?' and if he shall answer in the nega consent, the communication of the Secretary propriation bill, all general debate thereon shall

terminate in one hour.
tive the Speaker shall not further entertain the re of War relative to the seizure of the steamship
quest of such member to vote: Provided, however,

The motion was agreed to.
Forest Queen, which was yesterday referred to
That any member who was absent by leave of the
House may vote at any time before the result is
the Committee on Military Affairs, was with:

Mr. DAWES. I move that the rules be susannounced."

drawn from that committee and referred to the pended, and that the House now resolve itself Mr. FERRY. I think there can be no objec Committee of Claims.

into Committee of the Whole, for the purpose tion to the amendment. I yield for a moment

of considering the Indian appropriation bill.

ORDER OF BUSINESS. to the gentleman from Illinois, (Mr. Farns.

The motion was agreed to. WORTH.]

Mr. DAWES. I inquire what is the regular Accordingly the House resolved itself into Mr. FARNSWORTH. I am very glad the order to-day?

Committee of the Whole, (Mr. Judd in the Committee on the Rules have made this report.

The SPEAKER. The calling of commit. chair,) and proceeded to the consideration of It has struck, I have no doubt, every member tees for reports of a private character.

House bill No. 123, making appropriations for of the House, as it has struck almost every

Mr. DA WES. I move to set aside the regu the current and contingent expenses of the laperson who has visited Washington, that there

lar order for the purpose of going into Com dian department, and for fulfilling treaty stipwas something exceedingly awkward is the mittee of the Whole upon the Indian appropri- ulations with various Indian tribes for the year Speaker standing there and interrogating every ation bill.

ending June 30, 1870. member who desired to vote in that rapid man

The SPEAKER. That may be done by a The CHAIRMAN. By order of the House ner, “Were you within the bar before the last majority vole.

all general debate upon this bill must close in name on the roll was called ?!! I was reminded

The motion to dispense with the regular

one hour. of the awkwardness of the thing the other day

order for the morning hour was agreed to. Mr. DAWES. I move that the first reading by an anecdote which I heard. A friend of

Mr. DAWES. I now yield to allow a few of this bill be dispensed with. mine told me that he was sitting in the gallery

bills to be introduced by unanimous consent. The CHAIRMÂN. That will require unan. when he heard this conversation between two

CITY OF MILWAUKEE.

imous consent. parties. One of them asked the other, “What

Mr. PAINE, by unanimous consent, intro

No objection was made. does the Speaker say? What does he ask the duced a bill (H. R. No. 143) for the relief of

Mr. DAWES. Mr. Chairman, the bill now members?' The other one said: “As near as the city of Milwaukee; which was read a first

before the Cominittee of the Whole calls for I can get at it he asks them, What did you do

and second time, and referred to the Commit | appropriations to the amount of $2,413,816 with your last winter's overcoat?'" [Laughtee on Commerce.

for the purpose of fulfilling existing treaties ter.] Members who are within the bar before

with Indian tribes. It is a bill which failed to

WILLIAM A. GRIFFITH. the last name on the roll is called may vote

become a law in the last Congress, owing to a under the rule, so that nothing really is gained Mr. WHITTEMORE, by unanimous con. disagreement between the two Houses. It is by asking the question, and if a member is sent, introduced a bill (H. R. No. 144) for the the precise bill wbich passed the last House, witbin the bar before the result is announced reliet' of William A. Griffith, for expenditures || and came back from the Senate with approhe ought to be permitted to vote. I am in. in fitting up a national cemetery at Anderson: | priations for $4,341,902 added to it by way of clined to think that every member ought to ville, Georgia; which was read a first and amendments. Those amendments grew out have a right to vote upon any question the second time, and referred to the Committee of an attempt on the part of the other branch result of which has not been announced. of Clains.

of Congress to make provision for the fulfillMr. FERRY. The resolution should be

ment of stipulations contained in eleven treamodified so as to read “before the last name was called," instead of " when the last name

Mr. JULIAN, by unanimous consent, intro

ties made with Indians since the 11th of Au. duced a bill (H. R. No. 145) relative to lands

gust last by what is called the Indian peace was called." The SPEAKER. That amendment will be sold for non-payment of Federal taxes or under

commission. As this bill contains none of made. the judgment or decree of the courts of the

the items of appropriation so attached to the Mr. BURR. Will not that cut off the right United States; whicla was read a first and sec

bill of the last House by the Senate, it is altoof a member to vote wbo got in after the last ond time, and referred to the Committee on

gether premature to anticipate any of the diffiReconstruction.

culties which I apprehend will soon arise and name was called and before the result was

force themselves upon our consideration wben announced, when he may have been absent on

tbis bill is returned from the Senate. the business of the House ?

Mr. JOHNSON, by unanimous consent, in It will be sufficient now to state the concluMr. FERRY. If a member is absent by the

troduced a bill (H. R. No. 146) to protect the sions to which the Committee on Appropria leave of the House he is permitted to vote at

fur-seal trade in Alaska, and for other pur tions on the part of the House have arrived, any time before the final announcement; but poses; which was read a first and second time, and the considerations wbich have governed unless he is absent by the leave of the House and referred to the Committee on Commerce. them in bringing forward this bill in its presént he must be within the bar before the last name

GOVERNMENT OF MISSISSIPPI.

form. The estimates of the Department last on the roll is called.

year called for the appropriation of $2,762,350. Mr. BURR. That is only when the member

Mr. BUTLER, of Massachusetts, by unani As the bill originally came from the Commitis absent without the leave of the House?

mous consent, introduced a bill (H. R. No. Ir. FERRY. Yes, sir. I move the previous 147) to provide for the organization of a pro

tee on Appropriations of the last House it called

for an appropriation of $2,312, 260, the estimates question.

visional government for Mississippi ; which having been reduced to the sum of $348,463 9. The previous question was seconded and the was read a first and second time, referred to

Although it was a bill to appropriate money main question ordered; and under the operation

the Committee on Reconstruction, and, together for the purpose of carrying out treaty sti pula. thereof the resolution was agreed to.

with the constitution of Mississippi, ordered Mr. FERRY moved to reconsider the vote to be printed.

tions, yet wherever those stipulations left any.

thing within the discretion of Congress the bill by which the resolution was adopted ; and also

FALLS OF ST. ANTHONY,

was based upon the law of last year making moved that the motion to reconsider be laid on Mr. WILSON, of Minnesota, by unanimous appropriations for the fulfillment of Indiaa the table.

consent, presented a memorial of the Legisla- | treaties, that law being the result of very careThe latter motion was agreed to,

ture of Minnesota, asking for an appropriation ful examination, and of the experience and

LANDS SOLD FOR TAXES.

FUR-SEAL TRADE.

recommendations of a commission appointed || have the measures of each Administration dis I have risen to get that information, and I hope by both branches of Congress in the year pre tinctand separate, to be judged of by the country the gentleman will give it me. céding. Thatcommission, after a very extensive upon their respective merits.

Mr. DAWES. My acquaintance with these lour among the Indians and a very careful ex. I am therefore instructed by the committee citizens of the United States has been of so amination of the subject, recommended a plan to resist the adoption of amendments to this recent a cbaracter that I am unable to answer apon the basis of which the appropriation of bill, not so much upon their intrinsic merits as the gentleman precisely to a unit how many ibe year before was made. And the Indian from a desire to send this bill to the other inales, females, and children there may be conappropriation bill, as it originally came from branch in the form in which it was originally stituting this tribe, with which a treaty was the Committee on Appropriations of the last passed by this House, and in the hope that that made by the United States in 1866. It can. House, was based upon that law.

branch will refrain from loading it down, as it not, therefore, be the remnant of an old tribe The amount appropriated by the bill was did in the last session, with additional appro passing out of existence, and, as the gentleman increased by the House to $2,413,816. The priations to the amount of $4,000,000. We intimates, an heir-loom of some Indian ageut. bill was then sent to the Senate, where it was propose that this bill in its present form shall || They have no “local habitation," although loaded down with the amendinents I have be passed in fulfillment of existing and long they have a name. They were among the already indicated, amounting to more than four standing treaties, which were carefully exam. Rocky mountains, in the neighborhood of Col. million dollars, in accordance with stipula- || ined in the last Congress by the gentleman from orado. A treaty was made with them, as I tions in new treaties to the number of eleven Massachusetts, [Mr. Butler,] not now a mem have stated, in 1866. They received the Inmade by this new peace commission with tribes ber of the Committee on Appropriations, who dian commission that was appointed by the that have given us so much trouble during the then had the bill in charge, and treaties which two Houses of Congress with great attention last year. If those amendments come to us have been carefully examined, item by item, by and consideration, and the high contracting again, as they did in the last Congress, they the present committee. We desire that the new powers--this commission on the one side and will involve very serious questions for the cou. questions which have arisen in connection with that tribe on the other-effected this treaty, sideration of the House.

the new treaties, whatever may be their charac and this is merely to carry out the stipulations I am not prepared just at this time to discuss ter, whatever may be the opinion of this House

of the treaty: any system for the treatment of these Indians, upon them, or upon the propriety of fulfilling Mr. WOOD. I think I am quite right in for the reason that I apprehend this House them or abandoning them, shall be left un. saying that until this treaty of 1866 we knew will agree with the Committee on Appropria trammeled by any questions as to the appro. not of the existence of any such tribe of Indians tions that it is not worth while for us at this priations embraced in this bill. I do not pro in the United States. I think I may hazard time to anticipate these questions. When at last pose at this time to discuss the propriety of the assertion that there never was within the they may be forced upon us it will perhaps be recognizing by the legislation of Congress the territory of the United States between the Atproper to give them the consideration suggested | validity of those treaties, or of giving such lantic and Pacific oceans any such tribe of by a resolution which has already passed this sanction as would thereby be given to their Indians whatever. House for the appointment of a joint com provisions and stipulations. While the com Mr. DAWES. Is debate in order ? mittee to considerand recommend some policy | mittee have been pressed on all sides to incor: Mr. WOOD. I have moved an amendinent, upon the subject.

porate in this bill various amendments-amend and I have a right to discuss it. Yet at every step and stage of the progress ments many of which doubtless have merits Mr. DAWES. The gentleman has discussed of this bill we shall be met with these ques. I trust the gentlemen who feel an interest in his amendment, and it has been opposed. tions, and we are to consider, before it be those amendments will concur in the wisdom Mr. WOOD. I wish the chairman of the comes a law, in what manner we shall treat of the conclusion of the Committee on Appro- || Committee on Appropriations would answer with these Indians in the future. Various priations and abstain from pressing them upon my questions if he can. policies are suggested. One is to fight them, the consideraticn of the House as amendments The CHAIRMAN. The hour allowed for and, if need be, to exterminate them. Another to this bill, as such propositions may embar- general debate has not yet expired. is to feed them, and it may be, as a probable rass in some degree the fair consideration of Mr. WOOD. I have moved an amendment result of that policy, to encourage idleness and any proposed new policy which may be devel to reduce the appropriation $5,000, and upon thriftlessness among the Indians and waste oped by the Administration or by the delibera that proposition I desire to say that in my and corruption in officials and all the evils that tions of any joint committee which the Senate judgment this is simply one of the numerous seem to be inseparable from a policy which may concur with the House in appointing, or swindles that are contained in this bill, by which calls upon the Government to feed large bodies || by such consideration as Congress itself may we are required to appropriate $2,500,000 to of people of any character or any condition of give to the subject.

support our Indian systein, which is simply a civilization without compelling them to rely Having made these remarks, I ask that the system of wrong and oppression upon the Into any extent upon their own exertions for bill be now read.

dians and of fraud upon the Treasury. Now, their support. Another policy is to station The Clerk proceeded to read the bill by para here is an appropriation for tribes that have among the Indians troops sufficient to keep the graphs for amendment.

no actual existence, and I propose to reduce peace among them, and to let them work out

The following paragraph was read:

the appropriation $5,000, for the purpose of for themselves the solution of their own destiny.

Arickarees, Gros Ventres, and Mandans:

testing the sense of the committee whether While I do not feel disposed, and while I am For third payment, to be made during the pleas they are willing to make the appropriations in ready to confess I do not feel competent, to ure of Congress, to be expended in such goods, pro this bill under the circumstances or not. discuss any special policy at this time, I am

visions, and other articles as the President may from
time to time determine-$5,000 of which may be ex-

Mr. BECK. I rise to oppose the amendof opinion that a new Administration, just pended in the purchase of stock animals and agricul ment. I am not prepared to give accurate taking upon itself the responsibilities of the tural implements, in instructiog in agricultural and information to the gentleman from New York. Government, and having all the departments

mechanical pursuits, in employing mechanics, edu-
cating their children, providing medicines and med-

Like the gentleman from Massachusetts, the of the Government under its own control, an ical attendance, care for and support of the aged,

chairman of the Committee on Appropriations, Administration in which the people have un. sick, and in tirm, for the helpless orphans of said I am a new member there. But this general bounded confidence, might better be left un

Indians, and in any other respect to promote their
civilization, comfort, and improvement, and also for

fact is true that the proper Departments in call. trammeled by legislation to develop its own pay of bead chief, soldier chiets, second chiet, and ing for appropriations from this House called policy in reference to these Indians

as well as Pierre Gayneaux for his services to the Arickarees, for $2,762,380. The Committee on Appropriother matters. For this reason I am con$40,000.

ations of the last House, after careful examin. strained to refrain at this time from discussing Mr. WOOD. For the purpose of eliciting ation, cut the amount down to $2,438,816. In our Indian policy or attempting to impose upon some information from the chairman of the

the passage of the bill through the House and that Administration any special limitations with Committee on Appropriations, and for no other during a thorough canvass of its provisions reference to that policy.

purpose, I move to amend by striking out in there was only the sum of $25,000 added to it. Another reason, Mr. Chairman, why the the paragraph just read the word “forty” and We have diminished the appropriations called committee are disposed to ask the House to inserting thirty-five,'' so as to reduce the for $323,584. And now, when the Committee pass this bill as it comes from them and as it appropriation to $35,000.

on Appropriations were called upon again to passed the last House, making no amendments, Mr. Chairman, as I am informed, many of present the bill-because it failed in the last is that they are desirious of closing up the these tribes or bands of Indians, so called, have | Congress by reason of $4,000,000 being tacked business of the last Administration by itself, || in fact no physical or corporeal existence, but on to it in the Senate--the new Committee on and opening new books with the incoming of the | exist only in the minds of some Indian traders || Appropriations, believing that if we intend to new Administration. This measure is a part of and speculators, who for their own purposes get away from here before midsummer it would the unfinished business of the last Congress and have made their bargains or treaties with these be folly to attempt to examine each item, rethe last Administration. Let it be finished up so-called tribes, and have thus derived year i ported back the bill as it passed the House last as it was begun. Let us close up the books of after year large revenues from the Treasury of session, knowing that amendments would be that Administration and that Congress as well || the United States. Now, here are some tribes offered in the Senate, which when adopted as we may.

Whatever new legislation, what that we propose to pay $40,000 to. I would would then be canvassed by the House. eror new appropriations may be required by like the chairman of the Committee on Ap. As to the distinct question asked by the gen: the demands of the Government under the propriations to answer me two questions: tleman from New York, I am informed by the methods of administering it which we hope are first, in what part of the territory of the Uni gentleman from Oregon [Mr. Smith] that ihese to be adopted by the new Administration, let ted States these tribes live; and, secondly, tribes are tribes that have been long kuown to such questions be passed upon by themselves what is the number of men, women, and child be powerful tribes of Indians, mentioned lovg ta new and independent bills. We shall thus dren in the aggregate comprising these tribes? ago by Mr. Irving in his book ou Astoria, and

settled north of Nebraska, east of Montana, the remarks of the honorable gentleman from Mr. LAWRENCE. Mr. Chairman, this bill and west of Dakota, near the big bend of the Massachusetts, (Mr. Dawes,] that I know that covers sixty nine printed pages, and proposes Missouri river; and that this appropriation, the fact to wbich he has referred is not correct, to appropriate a little less than $2,500,000. It after carefulexainination, is as smallasit should I do not care where the gentleman obtained bas been considered in the Committee on Apbe made under the requisitions of the Depart. his information. I know of my own knowl- | propriations perhaps one single hour, without nient and under the treaty of 1866.

edge that there is not an Indian agent belong. | any consideration of the separate items of the I desire to say that hereafter there will be ing to the State which I have the honor to rep. || bill, and with no information conveyed to the full opportunity to discuss this bill, because the resent who is now in this city : at least I do not committee in relation to any single line of it, Senate will be certain to add on amendinents. remember one now.

I know that the agents except ihe single fact that it is substantially The Committee on Appropriations believe, of of the Gros Ventres, Arickarees, Assinaboines, the same bill that passed the House at the last course, in a general way, without examining and other tribes inhabiting the region about session. Now, sir, as a member of that com. into the details, that this appropriation is as Fort Berthold and Fort Union, are now there; mittee and as a member of this House I am low as we could possibly make it; that we and the gentleman from Massachusetts, if he unwilling to give my vote for any bill which ought to pass this bill as it stands and let it desires, can have information of that faci under | appropriates $2,500,000 in the absence of any receive the amendments of the Senate, after oath. I know they are there raising corn and information as to any single item in it. I know, which there can be a thorough examination have been for some time, and they have raised Mr. Chairman, it is very desirable that this and discussion. some pretty fair crops.

Congress should soon adjourn ; but it is much Mr. WOOD. The gentleman from Ken Mr. AXTELL. I desire to say a few words more desirable that this Congress should distucky (Mr. BECK] has fully sustained my objec apon this subject. I had intended to move to charge the duties it is called upon to perform, tion to this appropriation. He has told us that strike out this entire paragraph. It occurs to and that whatever duties may be performed Washington Irving, in his history of Astoria me tbat members must be pretty well satisfied shall be performed understandingly. I under and Oregon, referred to the fact that these that these so-called treaties have become an take to say that there are not ten members of Indians existed at that time or at some remote intolerable nuisance. And even though all the this House who have sufficient information in period of the world's history. But he does Indian agents in the pay of the Government relation to this billto act understandingly upon not tell us that these Indians are in existence should congregate here in Washington, to swell it. I mean no reflection upon any gentleman to-day. We know that many tribes have en a lobby in order to force this bill through Con. of the House or of the Committee on Approtirely disappeared from this continent. Yet it

gress, I trust there is still nerve enough left || priations, and especially no reflection upon the is proposed by this bill to appropriate money in this house to refuse to appropriate inoney | distinguished chairman of the Committee on for tribes not now in existence. I believe the to carry out bad treaties.

Appropriations, [Mr. Dawes,] wbo bas very three tribes mentioned in the paragraph now We bave heretofore determined in this House | properly told us that he has so recently come under consideration are of that character. that while the Senate and the Executive may into his new position that he has not yet had

The gentleman from Kentucky (Mr. Beck] make treaties, they must come to Congress, the time to investigate and fully ascertain all the bas also told us that the members of the Com money-appropriating power, for the means to facts with reference to these Indian questions. mittee on Appropriations have not examined execute those treaties. I believe this House I am opposed to the passage of this bill at this bill at all in detail, but they have taken it and the country are convinced that, as has this time. Before any appropriation is made for granted that the last House having agreed been stated in the remarks of the gentleman Congress should decide upon an Indian policy to it this House ought also to agree to it. from New York, [Mr. Wood,] treaties are applicable to all the tribes. It is perfectly Therefore they have reported the bill to us never made with any considerable body of men; manifest to the House and to the couutry that without having examined a single item con but a convenient tribe is found out in that deso | if we are to permit the system of making Indian tained in it.

late country; a meeting is had in some sage treaties to go on unchecked in the discretion Now, I am not prepared to vote for appropri: brush, the Indians being represented by a man of the Senate the country will be involved in ating $2,500,000 of the money of the people of calling himself a " chief;' and thus the Gov. enormous expenditures. Interested parties this country for purposes of this character ernment of the United States, through its come here with Indian chiefs and half-elad without knowing anything about it. And I agents, acting as ministers plenipotentiary, savages, and these professing to represent Incall upon the chairman of the Committee on makes a treaty with these naked savages, they dian tribes, make treaties which never could Appropriations [Mr. Dawes] to give us the claiming to represent a body of people whom | receive the sanction of this House. If this information to enable us to understand why they do not represent. As recently as 1866 a system is to go on the Treasury will continue this is proposed to be done. If existing trea treaty was entered into by which the Govern. to be robbed still more and more every year as ties require the appropriation of this money nient agreed to pay large sum of money the work progresses. It is high time, therefore, in good faith we are bound to vote it. But we annually-to whom? I venture the assertion that we should lay our hand upon these enor. want that information, and for the purpose of that the agent who made that treaty could not mous swindles and cut them down. It should obtairing it I have moved this amendment. to-day identify, under oath, a single one of now be determined and understood that this

Mr. DAWES. I will state to the gentleman those with whom that treaty was made. I Congress is resolved, before it makes any more from New York (Mr. Woon) that on the 27th venture the further assertion that the so-called appropriations, to settle the system and fix a day of July, 1866, the United States entered tribes with whom that treaty was made have policy by wbich we shall deal with all the tointo a treaty with these Indians, by which it no local habitation or name; that they cannot dian tribes. This policy has not been controlled was stipulated that this sum of money should be found. Our Indian agents are now swarm by Congress for some years past. It bas been he paid to them; and if we are to fulfill that ing here to obtain from the Treasury of the given up to the treaty-making power, and tbis treaty it is necessary that this appropriation United States this money; and for what por: House has registered its edicts. This bill is should be made.

pose? We bave seen with our own eyes that mainly devoted to making appropriations to The gentleman from Kentucky [Mr. Beck) || these red men, impoverished, naked, stripped carry out treaties which never could have has stated correctly the locality of these In of everything by these rapacious traders, are received the sanction of this House. dians. I have before stated that I am not able left to starve and die in that Indian country. I deny that there is any Indian tribe with to inform the gentleman from New York of When I was crossing the plains last November, which a treaty can be made. What is a treaty? their exact number and strength. But the the weather being cold enough to freeze a strong || It is a coutract between independent nations. Indian agent is now in this city, and I have no man, I saw naked Indian children in the sage I concede that it is necessary to make arrangedoubt the gentleman can obtain the informa brush. Other gentlemen on this floor have ments with Indian tribes-contracts, if you tion he desires from him. I will state this in witnessed similar spectacles. The money ap please—but they do not rise to the diguity of teresting fact to the gentleman, which learned || propriated so liberally to carry out these so. treaties; they do not fall within the treaty. at the Department yesterday, that of the whole called treaties does not save these poor Indians making power, and they can only be lawful number of Indian agents provided for by law, from starvation. And when they go out to when they are authorized by law, to which the fifty-nine, there is not at this moment one of steal in order to satisfy the cravings of hunger assent of this House as well as of the Senate them west of the Mississippi river; they are all || it is treated as a cause for inflicting upon them shall be given. And before contracts should to be found at the present time in this city. war and extermination.

be made this Congress should determine apon Therefore the two Houses of Congress are Mr. Cliairman, while I would treat the Indians an ludian policy-a policy alike applicable to unusually favored at this tiine with means of as wards of the Government, protecting and all the Indian tribes, or at least to all of a par: obtaining information in regard to all these | caring for them, I would stop at once the ticular class. tribes of Indians. Mr. TAFFE. Mr. Chairman

tended treaties. I invoke Congress to “block the country and to this House it is that the Mr. DAWES. I see my friend from Ne. this game and bring the Government face to whole Indian department, in its management, braska [Mr. TAFFE) on the floor. I state to face with this great responsibility of properly has become ntterly rotten, utterly corrupt. It him that I give this information as I received caring for these Indians. Having taken their is a den of thieves; and the only question for it yesterday from the Department. It may pos- | lands, having pressed them back into the barren us to determine is whether we will lay our sibly be that last night the condition of ihings and desolate plains, we must care for them; but hand upon them, root them out, and save the was changed so far as regards one or more we must do so by an entirely different system people from the plunder and robbery that is of these agents, and therefore I may not have from that which has hitherto been pursued. In going on under the cover of the treaty-making been entirely accurate in my statement of fact. accordance with what I believe to be the proper power, and at once settle a policy by law which But I made the statement upon information that || policy, to refuse appropriations to carry out shall infuse some honesty into this departI obtained at the Department yesterday. these pretended treaties, I move to amend by ment, or whether we shall surrender ihe legisMr. TAFFE. I desire to state, in reply to || striking out the pending paragraph.

lative power with which the people and ibe

appropriations of money to catering out these peteticulow, edit, if there is any one thing known to

Constitution have clothed us and give up to to the legislation and control of Congress. date which it was prepared. I have caused to be the treaty-making power the privilege of exer Why, sir, it is not a year since a commission erased from this table reservations to wbich the cising a usurpation which has robbed the

Indian title has been extinguished since it was prewas sent out, in pursuance of the act of Con.

pared. The total area of land occupied or claimed Treasury, plundered the public lands, sub gress of July 20, 1867, to treat with the Indians, by Indians, to which their title has not been extinverted the land policy of the Government, and and treaties were made involving an expend- 1 guished at the present time, is 191,755,204 acres. It fostered, fed, and encouraged fraud and cor iture of large sums of money. Here is a dis.

to the limited time occupied in its preparation, it is ruption on a magnificent scale.

tinct assertion of the legislative power over this not as exact as it might be made if more time was Mr. MAYNARD. I would ask my friend subject, and the debates on the bill show that taken for its preparation, and also that reservations when he thinks the time arrives when the In it was not pretended that the treaty-making

occupied and claimed by Indians are included in this dian tribes cease to be a people with whom a power, independently of legislation, could make

aggregate within territory acquired by the United

States from Mexico, although the Senate of the treaty can be made?

contracts with Indian tribes which bound both United States has never recognized the right of IoMr. LAWRENCE. I will answer that. I do branches of Congress.

dians to claim title to lands within the limits of said not deny but that in pursuance of law any Mr. TAFFE. Will the gentleman yield for

acquired territory.

Very respectfully, &c., agent of thris Government duly authorized can a question ?

N. Č. TAYLOR, Commissioner. make contracts with the Indian tribes, for that Mr. LAWRENCE. Yes, sir.

Hon. GEORGE W. JULIAN, House of Representatives. is a matter of necessity. I say that the In Mr. TAFFE, I would like to know if the Now, Mr. Chairman, the remarks which I dian tribes never ceased to be nations with gentleman proposes now to carry out the con have thus far submitted have been submitted which we could contract by treaty, for they tracts made in pursuance of that law by that to the committee for the purpose of showing never were independent nations, in the sense commission?

that we are under no obligation to carry out of international law, with whom we could con Mr. LAWRENCE. No, sir; I do not. I these so-called treaties with Indian tribes, and tract by treaty:

propose no such thing. I propose to have for the further purpose of showing that we Mr. MAYNARD, I suppose the gentle Congress adopt a settled Indian policy. I pro ought not to legislate upon the subject until we man is aware that in point of fact contracts pose that General Grant's administration, in- || have first settled upon an Indian policy, and with them are on our statute-books, and have cluding Congress, shall indicate what that pol. || then we can determine what we ought to do. been there for a period dating back further icy is to be. We have all seen in the papers Mr. JULIAN. I want to remind the gen. than his own recollection.

that the President has said he had not yet tleman that this House has repeatedly declared Mr. LAWRENCE. Yes; and I will state determined upon a policy. It cannot be de that this Indian treaty policy is unwarranted another thing. Until within the last few years termined on in an hour or a day, and it may by the Constitution, and if he will lecture the the treaty-making power never assumed that not be in a week or a month. All I ask is that Senate, which has utterly disregarded our action their authority was independent of legislation. before we pass any bill upon this subject we on this subject, he will talk to the body that Until recently all the treaties in regard to the shall determine what our policy toward the needs enlightenment. purchase of lands from the Indians have in Indian tribes shall be, and let it be in the Mr. LAWRENCE. Certainly, I shall do voked the legislative power of Congress. It interest of peace, of justice, and economy. my part in that direction, as I have done here. is only within the last three or four years

that
MESSAGE FROM THE PRESIDENT.

tofore. But I speak to the House to demand this new power has been set up independent

that it will not carry out treaties made in violaof legislation. Let me cite an example. The The committee rose informally; and the tion of the Constitution. The bill under conact of Congress approved March 3, 1859, con

Speaker baving taken the chair, a message sideration only calls for $2,500,000, but we tains this provision: from the President, by General Horace Por

should hear in mind that when a bill similar to "SEC. 2. And be it further enacted, That in all cases TER, his Private Secretary, informed the House

this passed this House during the closing days of where, by the terms of any Indian treaty in Kansas

that the President had approved and signed the last Congress it went over to the Senate, and Territory, said Indians are entitled to separate selec the bill (H. R. No. 7) to strengthen the public || the Senate added on to it some four or five tions of land, and to a patent therefor, under guards, restrictions, or conditions for their benefit, the Secrecredit.

million dollars, and if we pass this bill we are tary of the Interior is hereby authorized to cause INDIAN APPROPRIATION BILL-AGAIN. simply sanctioning the policy of appropriating patents therefor to issue to such Indian or Indians and their heirs, upon such conditions and limitation, The Committee of the Whole on the state

not merely what is covered by it, but the policy and under such guards or restrictions, as may be pre of the Union then resumed its session.

of appropriating all that the treaties demand scribed by said Secretary: Provided, That nothing herein contained shall be construed to apply to the

Mr. JULIAN. Will the gentleman from

of us, amounting to some six or eight million New York Indians, or to affect their rights under the

dollars a year. Ohio [Mr. LAWRENCE] yield to me for a treaty made by them in 1838, at Buffalo creek.”-11

Mr. DICKEY. I would ask my colleague moment? Statutes-au-Large, 430.

Mr. LAWRENCE. Yes, sir.

on the committee this question: suppose the It was not then pretended that the treaty.

Mr. JULIAN. I wish to inform the gen. | Senate refuses to give heed to his lecture, what making power as to the public lands was tleman from Ohio that General Grant has a

is to become of the Indians ? independent of legislation. The act of Coupolicy. He has declared that he is in favor of

Mr. LAWRENCE. Why, Mr. Chairman, if gress of June 30, 1834, contains a similar pro

the Senate refuses to give heed to what Congress putting the management of the Indians under vision, or one recognizing the same principle. the control of the Quakers of the country,

may deem just, this House should assert its The case of Mitchell vs. the United States, in which I think will be a great reform, and he

rights, surrender none of its powers, do justice 9 Peters's Reports, affirms the principle for has told me expressly that he is opposed to

to the Indian tribes, but never consent to the which I contend.

sacrifice of the principles of the Constitution. Mr. MAYNARD. If the gentleman will placing the public domain in the hands of corporations, either through Indian treaties or by

We can do justice to the Indians without refer. examine the matter he will find, going back railroad land grants, but of saving it to the

ence to treaties, and we can compel the Senate for years, treaties with Indian tribes for the actual settlers of the country.

to adopt a settled policy, and then we will purchase of lands. I could cite treaties by

Mr. LAWRENCE. Then I say thank God

make the appropriations which are necessary which large portions of lands in my district for General Grant and his policy. He is right.

to carry out that policy. were thus purchased. While upon that subject let me say a word to

I am not alarmed about lecturing the SenMr. LAWRENCE. Every one of them made | the gentleman from Indiana. The Commis

ate. All I say is with profound respect for in pursuance of law and sanctioned by law, or sioner of Indian Affairs reports to this House

that body of enlightened statesmen. But they ratified by appropriations to carry them into that there are unsurveyed lands in the occu

may err on questions of constitutional law. It effect. They were not for the purchase of pancy of Indian tribes sufficient in quantity to

is only natural that they should seek to enlarge land, but for the surrender of the Indian occumake eight States as large as the State of

their own powers as it is for this House to be pancy. The lands, the title, were in the UniOhio, and the treaty-making power is now as.

jealous of usurpations which abridge its preted States all the time. But I am speaking of the power of sale by treaties, which is very

suming a right to dispose of those immense rogatives. The Senate may err in its mode tracts of land, empires in extent, in utter sub

of doing business. It has been declared by a different from the power of acquiring title by version of the whole land policy of the United

member of the Senate that Indian treaties treaty. Mť. BECK. Will the gentleman yield for a should assert its legislative power over tbis States, and it is therefore time that Congress have been put through that body when not

more than six Senators were present. Now, question ? whole subject. The letter of the Commissioner

does not my colleague on the Committee on Mr. LAWRENCE. Certainly. of Indian Affairs is as follows:

Appropriations [Mr. Dawes) think that such Mr. BECK. I find in volume fourteen of

DEPARTMENT OF THE INTERIOR,

a statement or such a fact as that needs a little the United States Statutes-at-Large a provision

OFFICE OF INDIAN AFFAIRS,

criticism? for this very Indian appropriation of $40,000,

February 3, 1869. Mr. DAWES. I do. or for a similar appropriation. Why was that

SIR: In compliance with your verbal request of Mr. LAWRENCE. And so do I; there we done if it was all illegal ?

to-day to be furnished with a statement indicating

as near as may be the area of the land occupied or agree. Yes, sir; Indian treaties have been Mr. LAWRENCE. Why, Mr. Chairman, elaimed by Indians, to which tbeir title not been put through the Senate when no quorum was I am not denying the power of Congress to extinguished, I have the honor to inclose herewith

present, as it is alleged. This fact deserves appropriate money to carry out provisions of

No. 4, special session, United States Senate, being a
report of the Secretary of the Interior, communica-

consideration. And I would that I could reach in unauthorized contract. Congress can, of ting, in compliance with a resolution of the Senate the ears of the Senate, and of every man in course, ratify an unauthorized contract. But of March 29, 1867, information in relation to the

this country, until the Senate should be comIndian tribes of the United States. I insist that the pages of your statute books, Your attention is particularly called to table C, pelled to pay some heed to the voice of the fror the foundation of the Government up to commencing on page 31 of this document. This people, and to have some respect for the interwithin the last three or four years, prove what table shows the location and extent of Indian reser

ests of the people, instead of squandering the vations, whether held in common or severalty, with I say, that the treaty-making power, in its deal references to the treaty or other arrangements set

money and the public lands of the people by ings with these Indian tribes, has been subject "ting the same apart for the use of the Indians at the treaties unauthorized by the Constitutiou.

to us,

Mr. NEGLEY. I rise to a point of order. should now find him, with all his great power, longer. I hope the House of Representatives

The CHAIRMAN. The gentleman will state standing up shoulder to shoulder with them in will to-day, by its action, say that we no longer his point of order.

this effort on the part of the House of Repre see any good reason for continuing this annual Mr. NEGLEY. I desire to inquire if the lan• sentatives to rescue the Treasury of the United appropriation of $40,000 to these bands of guage of the gentleman from Ohio, [ Mr. LAW States from the attempts upon it. But he has Indians. RENCE,] in regard to the Senate, is in order ? thought it his duty to abandon us in our atteinpt

This bill says this is for the "third payment, Mr. LAWRENCE. I think it is.

to preserve the Treasury from the attempts to be inade during the pleasure of Congress.' The CHAIRMAN. As the Chair understood which are being made upon it.

Of course there have been two payments of the language of the gentleman from Ohio [Mr. Why, sir, the very foundation idea of this this character made previous to this time. LAWRENCE] it was rather broad. The Chair bill is to put a stop to these new treaties. It It is said by gentlemen here, as a reason why would suggest to the gentleman that it would is an effort, so far as the House of Represent. we should continue these annutiies to these be well for him to be a little more careful and latives is concerned, to put down our foot, and various Indian tribes, that we have taken their choice in his language, when referring to a co to declare that we will go no further than to lands from them and driven them back into the ordinate branch of the national Legislature. fulfill the stipulations of those treaties that have wilderness. Whatever of truth there may be

Mr. LAWRENCE. Very well, I will be received the sanction of law, that have been in that statement in a general sense it cermore careful hereafter. But I could go a great approved by this House, by the Senate, and by | tainly is not true as applied to the Indiang deal further, and say a great deal more in con the Executive, and which are binding con referred to in this paragraph. The gentleman demnation of the treaties which have been tracts, if my colleague desires to call them 80 from Kentucky, [Mr. Beck,) a member of the made and ratified and still keep within the as binding as any contract is capable of being || Committee on Appropriations, has told us that bounds of truth. I hope that statement helps made.

these Indians have been in their present locathe matter.

There is not an item in this bill that comes tion at least since the first settlement of Oregon, I wish now to call attention to the particular | under any of these new treaties which has which I believe was in 1811. They were there clause of the bill now under consideration. It not very properly called down the anathemas nearly sixty years ago and they are there now. is

of my colleague on the committee; and if his We have taken no lands from them. And I For third payment, to be made during the pleasure

duties elsewhere had allowed him to have at. desire to know of the Committee on Approof Congress, to be expended in such goods, provis tended an hour and a half upon the meeting priations what reason there is for continuing jons, and other articles as the President may froin time to time determine, &c.

of the Committee on Appropriations while this this appropriation in this particular case? What

bill was under consideration we would have service have these Indians ever rendered us, We are here carrying out a treaty stipulation

been spared his remarks upon this bill until and what compensation on their part are they to appropriate money during the pleasure of the amendments of the Senate had been sent rendering to the Government for this $10,000 Congress.” It is not to carry out a positive,

and then they would have been in order. that we are asked to expend for their benefit? imperative treaty stipulation, but to appropriate

If we are to resist at all the amendments Then, I see toward the close of the para. certain sums of money “ during the pleasur of the Senate we must do so by standing by | graph that a portion of this sum is to go to one of Congress.” Sir, it is my pleasure now to this bill, which is in fulfillment of provisions | Pierre Gavneaux, for his services to the Arick. stop these appropriations; and I hope the Committee of the whole will agree with me, and

of existing law and has nothing to do with arees. Now, I desire to know what those ser. that it will be their pleasure to put a stop to if we can have the assistance of the great a single provision of these new treaties. And vices were and who this gentleman is. What

service has he rende red to these Indians that these appropriations. It is impossible that we abilities and large experience of my colleague we should pay? Where is he to-day, and how can feed and clothe and take care of all these

on the Committee on Appropriations in resist much of this $40,000 is to be paid to him? It Indian tribes as we would of our own children.

ing those amendments, who can doubt what seems also that we are to pay something to a They should be learned to work and earn their will be the result? But if he chooses to carry head chief. Pay him for what, and how much? living as all honest men do. They must be

on a guerrilla warsare of his own, to shoot off We are to pay also soldier chiefs." Who are taught, and these Indian agents, and all those

in some unexpected manner just when he they? Soldiers in whose army? Are they interested in these Indian treaties and con:

pleases, then we must struggle along as best we soldiers waging war against us? If not, what tracts and jobs, must be taught that they cannot come to Congress and secure the passage I say to the House that the only way to resist may, with unequal step and feeble progress. kind of soldiers are they, and in what service

have they been engaged? These, it seems to of their plundering schemes ; but that the In

this great encroachment upon the rights of this dians inust earn their living as all honest men

me, are pertinent questions, and the House has House is to stand by this bill. But if you a right to be informed upon these points before are required to earn theirs, and Congress should

depart from the bill as it now stands, and it votes this large amount to these Indians. aid them in doing that. And I hope that when undertake to introduce amendments to it or to Another thing I would like to know in this the policy is carried out as suggested by the gen. abandon what has been established by the laws connection, and that is, how long are these tleman from Indiana, (Mr. JULIAN,) of putting of the land, then we will be all at sea. these Indians under the charge of the Quakers,

appropriations to continue? If we vote them it will be found to be practicable to carry on

I am with my colleague on the Committee this year it will only create, I suppose, an ad our Indian affairs without opening a vast sys

on Appropriations, provided he will contend ditional reason, or what will be used as such,

according to the ordinary rules of warfare, in for making the same appropriation the next tem of charitable institutions all over the west

any legitimate attempt to resist as long as we year and the year following. It will hereafter ern plains, under which we are to feed and clothe these Indians at an enormous expense,

may be able the effort on the part of the other be argued that we have been paying these

branch of Congress-you may dignify it by the annuities for years, and that now is not the time giving opportunities for a great system of fraud. name of the treaty-making power, if you to withhold them. I trust the House of Rep. ulent jobs and breeding and fostering corrup please-to infringe upon the legitimate rights resentatives will to-day strike out this approtion all over the country. of this House,

priation. Let us notify these Indians that we (Here the hammer fell.]

But there is nothing in this bill open to any will no longer continue it. We can do it with. The CHAIRMAN. All general debate, by such animadversion as that. This bill is ac out any violation of treaty stipulations. We order of the House, is now closed. The first cording to what is now the law of the land. can do it without any violation of the plighted question will be upon the amendment of the The contracts made with these associations of faith of the Government, for the language of gentleman from New York (Mr. Wood] to re men--if we are not to be permitted to call them the item itself shows that it is within our disduce the appropriation in the pending para. independent nations-were made by the Gov. cretion. I hope, therefore, the whole paragraph from $40,000 to $35,000.

ernment, and bave received the sanction of graph will be stricken out. Mr. DAWES. I should be a great deal sur law. We are bound to fulfill them as long as Mr. DAWES. The provisions of the treaty prised at the course and remarks of my col the Indians observe their stipulations; and are that a portion of this $40,000 shall be paid league upon the Committee on Appropriations until they fail to observe them we have no to those who have authority and control over [Mr. LAWRENCE] were it not for the fact that I business to say that we will not fulfill them. the tribe, those whom the tribe have put in know his pressing engagements elsewhere have Mr. BENJAMIN. I move to amend the authority over them. It was agreed on the called off his attention from his duties as a amendment of the gentleman from New York, part of the tribe that a portion of this sum in member of the Committee on Appropriations [Mr. Wood,] by striking out “$35,000” and the nature of a salary-$600 in one instance, during their consideration of this bill. When inserting“ $39,000,” for the purpose of saying || and more in another and less in anotherthis bill was introduced by me I, as chairman that I hope this entire paragraph will be stricken | should be paid to the man who acts as chies. of the Committee on Appropriations, intimated out. It is not necessary, in considering this | Then, there are Indian soldiers. It has been what would be the course desired by the com question, to consider the binding force of onr found by experience that the most efficient mittee.

treaty stipulations with the Indians. Admit, men to preserve order and peace in the tribes Now, I am confident that with the views the if you please, for the sake of argument, that are those who rise to the position of soldiers. gentleman from Ohio [Mr. LAWRENCE] enter the Government has dealt justly by itself and They have certain influence over the tribe ; tains upon this subject, had he been able to by these Indians in making this treaty, and they have a knowledge of its ways which attend at all to the consideration of this bill, that the Senate did right in ratifying it; still enables them to preserve the peace. This whole had he known what is in the bill, instead of we at this time have the right to withhold this treaty was based originally upon that treaty; abandoning his associates in their struggle to appropriation. It appears from the text of and this tribe, located as it is upon the upper stop any ratification of these new treaties, and this paragraph that this appropriation is “to Missouri, has preserved the peace in that way to put an end to what they deem the outrages be made during the pleasure of Congress. during all the troubles and conflicts in which contained in them, had he not abandoned his That is a part of the treaty, that this appro we have been involved with other tribes; and associates on the committee and sbot off. like priation is to be made so long as Congress in although it may be true, as my friend from a comet, in some erratic orbit of his own, we its wisdom shall see fit to make it, and no Missouri says, that we are not bound to con

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