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Logansport Weekly Journal (Newspaper) - May 21, 1870, Logansport, Indiana
Published every saturday 3 w c Hunt proprietors journal building Broadway Over 0 Kates of subscription a Yeai Advance these Are the Only terms desirable on the part of the publishers any other terms must be by special arrangement but under no circumstances will the pub Lishers charge less than if payment is delayed three months rates of advertising one Square the space of ten lines of this Type one week of and 50 cents for each additional insertion for three weeks 2ims 6moslyear the India i territory letters from the Cherokee nation fort Giesso c x May 4 1870 immediately Niter leaving Bax Ter on the Kansas Southern line in tiie stage settlements suddenly cease and the traveler finds him self at sea As it were on a magnificent rolling Prairie bounded at immense distances by dim hues of Timber the transition from Liliu Busy town to the solitary wilds is so Sadden that it can scarce be realized the line Between Thrift Enterprise and Industry on the one Side and Indian Independence on the other is thus abrupt because South of the Lino no White Man May come with his plows and reap ers his Mills and his shops below Ai is held sacred to the Indian and the very Dull sharper who under one pretence or another have obtained a footing upon the coveted soil for Miles there Are no houses to Ipoh Littos Tiews i 32 21 1s7o so 9 have supplanted them the ceremonials of the latter were More simple a chief and one assist ant chief arc elected each four demonstmtive7aiiil in this climate years a Council consisting of 29 they seemed a nor acceptable to the 1 members apportioned among the lists now Are the people and a Senate of two re Indian the Baptis Power behind the throne in every part of the country the traveler is struck with the extremely limited amount of land cultivated by the indians they seem satisfied with raising just the amount necessary to live there is no surplus at this Point with no Market beyond the Iione one Corn is from to 6125 per Bushel the Fertile Prairies Are left to in Bers from each of the Mem nine Dis Rich themselves with crop of heavy grass the that annual upon them and with this Waul of Enterprise the Indian wants All of his land and would take More if the White Annn has a mania for land the Indian is not a Whit be Hind him both want the land but for different purposes it is to he hoped that the advancing civilize lion Ofilio India i will increase his Enterprise and enable him by of cup Tingaud cultivating his land to keep of liars from coveting it magnificent soil of the Indian country lying unimproved is a trivets Are elected annually the concurrent action of the two houses with the principal chief Are Neces sary to the enactment of Laws five dollars tie ceremony of marriage May be performed by any minister having the Cave of souls in Taamy is prohibited hut there Are no penalties for it divorces Are by the District court but when damages Are claimed the circuit court Only has Jurisie propose changes in the statute of their land so the policy of Section Izi Gand giving individual titles not very fully and freely advocated the Issue however will come the tide of emigration a Cillies the frontiers the inhabitants who have been living without saw Mills for judicial purposes the nation i strict is divided into nine districts the lower or District court having jurisdiction in cases not capital and when the amount in controversy is less than si00 each of which has a judge a clerk a solicitor a prosecutor appointed by tic Cotton Tion Iti Blic sentiment upon the and grist Mills and the other and subject of marriage is not very i Juncos of civilization Are hearing intrude its White men living in the try Aro termed intruders and malty to expelled by the military under the Indian agent on com of tic the thousands of facilities j and comforts they Are deprived of Conni by the of the a Tion and it will not be Long before the indians policy will adapt itself Nan Likier tiie Indian e a Chirk a solicitor a i plaint the sheriffs to the coining event if a White Man Oil and a sheriff elected by Iho flan woman becomes invested with people in addition there Are Cherokee rights at tic death of Throe circuit courts having Juristic wre of the Man sir fiction in All cases in circuit Dis Vive and he May be guardian to his tricks the supreme court is a children but on his remarriage court of appeals the Iju preme with a White woman his rights sex Quilge and two associates Are apr fire Anil he becomes an Botkus married to an in payme Jit of War losses in Wanton or Accident til destruction of property belonging to Loyal owners during the operations of the army which would not have occurred Hail the army not been there or being the re would not in Many cases hav happened had proper discipline been maintained there May be and doubtless arc cases not falling within this classification but this will suffice for my purpose in order to bring Home to the Senate the real merits of these pendent nations it is the struggle of giants for Mastery often for National life War represents the collective Force of one nation Deal ing powerful blows upon its adversary it Means the concentration of All its energies in the work of destruction it seeks to annihilate or capture the armies and to possess or destroy the resources of the enemy considered in this Light there can be no just criticism upon this harsh War measure it was not in retaliation for the recent bum voting is Taink quasi cd Krokker nation Lirian territory May 11 1s70 i Fence nor men and when there do great temptation to practical farm any appear they present a general ers of the states who look upon it makeshift appearance and impress the traveler with the idea that there is no intention or expectation of permanency about them few Mer venture upon extensive improvements for no Man owns the ground lie builds upon and May never do so the luxuriant grass evidences a Rich soil and the i buy water Tajn Qumi the a Apih of the Cherokee nation is approached from the North Over a magnificent prarie upon its Broad surface Are seen thous courses crossed and passed and the i Amis of those singular Mounds so Quantity of Timber seen at a Dis to the room to to lev arc Tance with Rock jutting from i ridges foretells at no Distant Day foil in to flirty feet at the base a population of Thrifty Farmers towns alive with the manufacturing arts and life on every hand 3tow the Stag starts from the Road the Quail and Prairie fowl which lazily move from the track gaze upon the passing vehicle and its Load and quietly resume the Posi Tion from which they were driven everything is quiet and the immense unoccupied space come upon so suddenly is almost painful and it seems the More marvelous when it is remembered that All this absence of life is within 75 hours of 5few York City Between Baxter and fort Gibson tiie country is almost uninterruptedly Good the Road but a natural one is in Fine order and the scenery in Mary places Beautiful and grand the Prairie is covered with num Berless patches of Flowers of All colors and As they with the grass Bow and wave before the wind it looks like a grand carpet Woven in the most Brilliant colors on the Road the Neosho River is crossed and grand River into which it empties at the town both Are Fine Stream and one Flay will not run along so noiselessly i for their currents will be broken Over wheels and their murmurs mixed with the voices of mechanical operatives fort Gibson is but a Small place the government building at the i an intelligent enterprising and in fort Are extensive and valuable distr ions Man his father a chief with but an exception or two the j who consented to a treaty Wilh House Are of the most temporary the United states ceding the lauds and insignificant character no Georgia and Tennessee on the builder seems to have Felt secure action of a minority of the Puii in putting Money on his lot the Oil was assassinated population is made up principally others for that capital crime of and half Breeds do a thriving and a Profita ble business the Trade for a Hun dred Miles in some directions is brought to the town All is Cash or the equivalent there is no credit no Farmer owns his farm his implements and Stock Are exempt by Law and the Cash system i the Universal Rule the territory was dedicated and Given to the Cherokee Creek Choctaw Seminole and Chickasaw tribes of indians subsequent to its occupation by these tribes the Are All males Over Rita cock ply Iii schools thirty two common schools arc established by Law provision is made for the Board and education of five orphans at each school Yuul Luj charities tensions of Sio per annul and from two to five sect High there is More gravel in their for mat Ion than 11 the surrounding soil and when cultivated it is said to be More Fertile i have been unable to obtain any reasonable explanation of the remarkable formations the surrounding country is Well supplied with Timber and water the presents i Mot dilapidated appearance there is Bill one building in it that is in keep ing with tic civilization claimed for the people the new Capitol costing 15000 if Ever finished will be the most creditable build ing in the territory the Popula Tion looks about 300 and there is a total absence of any business or Enterprise above the common store or trading House the lumber flour and meal used is obtained some fifteen Miles Oft and this in convenience is suffered Wilh a Waterpower within the town Lim its and plenty of fuel for steam a printing office under the control of the nation has recently been put in operation tic Cherokee advocate is published in English and Cherokee the editor and manager or w p in Oudinot was i educated in Massachusetts and is against the Indian Laws connected with the newspaper is a Book pointed by the Council Sai Aviks tic compensation of the govern ment officers is principal chief assistant chief District judge s200 circuit judge Abouo sheriff and fees treasurer per year solicitors school teacher per Lerm supreme judge clerk of juror per Day lawyers Are charged a License of for the lower and for the supreme courts for being unfaithful to clients or tampering with u jury they Are lined Joo and to Iii License is revoked tie supreme court meets once a year at Tallequah the circuit once a year in each circuit and be District twice a year in each District ic11couus the records of the courts Are kept in the simplest manner j copy a Lew entries As specimens recorder of the circuit court Miil Tolu District Cherokee is nation the circuit court for the Mii Litlo District of the Cherokee ution was regularly Eon tinned by Jude Joseph Juval at the court House in Fino id District tile jury evian need were John Yourl no i As Fortini i Justice in x Yui Tiu in i Laulii Sci lot to Ihu Vul Foj Cornelius Vann to 7 Jolius Walit Fusi Robert Crawford no u los Dice i to years no improve the title of property to the value of Merit works a forfeiture minerals hundrn1 dollars Ivas brought and Salines May to leased but not Jaq by Betsy Natii As Mil Curi Mke ii by settlement Timber May As def Klaut Betsy 1ettit or Olie uselessly Cut Uii Dur a Peu Aily speech of lion u d Prutt in the Senate april 27 187o mrp resident before proceed ing to discuss the merits of this Bill i wish to Call the attention of the Senate to Tho act of Congress of february 21 1sg7 which this Bill in part repeals i will read Tho act it is not a Long one 7c Itti acted Ioe that Tho provisions of chapter two Hundred and fort of the acts of Tho thirty eighth Congress firs Section approved july 4 1804 shall not be construed to authorize the settlement of any claim for supplies or stores taken or furnished for the use of or used by the claims lot me Praseut a few exam ing of Chambersburg nor the arson pies from cases now lying upon i and butchery at Lawrence its 3our table await Iliff your action i True scope and purpose was to de j Bear m mind that in every Case the stroy the resources upon which the j property lost to the Loyal Man not rebel armies subsisted in that Val Sci tools cannot be opened with less armies of the United states for Lor the than scholars nor must they con occupation of or injury to real estate lain Over go two of tic Public nor Trio Consu Misiou appropriation schools Are for coloured children j or of or damage u personal property by the military authorities or troops of the United states where such claim originated during the War for Tho Blind and crippled who Aro helpless mid an unusual care is exercised Over orphans both by the government and by individuals in addition to the common schools there arc two Large Brick seminaries near Tahlequah in which the higher branches were taught but for the past few years they have been still Rcd to fall into decay i Ullric Domain the title to the land Given by the United states government to the indians is vested in the nation and not in individuals any May Settle upon any unoccupied Lanful Anil improve All be wants and no Othir improvement May be made within a Quarter of a mile of nervous suppression of the Southern rebellion in a Utate or part of a state declared in Smith had formerly been tint wife of Curry petti1 and had inherited the prop erty in question trom the parents mis submitted and a decision in a or the Welense irom which decision plaintiff moved in to the supremo court of the Cherokee nation which was granted Ali Kkt Kiaunis clerk the Pem Tuk in out him Susan and Liel sey i Jovial heirs i the estate of Tobor Smih deceased was thrown out of court on account of informality and want of schedule of proper to utter which the court adjourned to september 17 1siw a 11 7v most incr Rokee Vati pkxaltik3 the penalties affixed to crimes Are attempting to subvert the government by resisting Tho Constitution or Laws death by Hung us knee Rizig into a treaty with United status agents to Cylc or Exchange lands without full author Ity death by hanging violating the above Laws and not appearing for trial on Nolice the offender May be killed by any Citi in the Minnor most convenient treating with the United states after All testimony Heng in Ami a Lew Brief remarks from the lawyers the was submit cd 10 the jury when they returned a verdict of guilty Chris Heck Foreman 1he sentence of Iho court was one Hundred lashes on the Bare Back d m Riih clerk Jake Cohee sied by Cohee j Holder Tor after hearing the evidence for the office where the Laws treaties Ami Rosella ii defence the Caie was submitted to the jury after being out about one hour the jury returned unde Cheruk Cenami with the United states v 1 stealing or any slate tar other objects ban Mellil Ecer Anil j Lii Milreal Bishop school books of the nation Are expected to be printed this depart me Lis under the charge of a Fossil inc de new yorker with the indolence and Wanton Enterprise of a Twenty year residence among the indians engrafted into his nature the gentleman movements Are in strict keeping with the country Thrift and Enterprise and it is quite probable that he is working for another generation fur he Cortum in will get out no Book during tic i senecas Osage delawares Witch Litas qua pans shawnees etchers i childhood of any Iii Lent now Liv land we Amcotts have been located ing by the government and by treaty with the cherokees and creeks Al plotted lauds the five first men Ito cd Are the civilized tribes and lot them the cherokees Are the most in lanced they have schools and churches land Are making great Progress in ithe arts of civilized life the in Edins retain Many of their old Hab Lii and most of the full bloods will retain them till death they could Inot be expected to abandon All their peculiarities As a people and their Progress is astonishing in the territory outside of fort Gibson All Lis quietness and safety an in Man May walk or ride the try Over alone without Dan Fot Gibson is Given up at to a Ruffian band of half Breeds whose Drunken broils run Ider it unsafe to be on the Street at i dark the u s government might suppress this disorder but it has Only one company of Soldier with some artilery at the fort and ithe colonel commanding has too i much business of a More important character to attend to ordinarily la Garrison is presumed to have the i peace and safety of the people about in charge but it is not so at Gibson a sem circuit of two Hundred i Miles made last week enabled to i to look upon some Fine scenery Laud Good and poor country sixty Miles North of West i saw Coal by j on top of the ground and a i running Spring of Petroleum near Point the formation of the j country is most singular there Jare a number of Mounds of All i shapes and sizes at the base but All i of them on a water level with each i other and with the country off 1 Twenty Miles Back of them they i Are skin ethical and formed largely 1 of Rock some have Timber upon Rihem they look about 400 feet j above the surrounding planes 1 ascended on which was Oval Shap i de on the top and covered with a i Bush like the currant and from the i soil were growing the Little Verbena so extensively cultivated in the states theare of this Mound was about 100 by 30 feet these Mounds Are near the Verdigris River on i this trip i passed Over Twentyfive i Miles without seeing a settlement 1 or any thing living beyond Ante Lopes Deer wild fowl and a solitary Indian galloping Over the Prai i Rie a mile away on his Pony West of grand River the Road i passes Over great Hills and mountains of rocks the Road is a Natu ral Mcadam level and smooth and ascending by the most gradual grades the country Here is unsettled beyond a few Miles is i the Ito Ravian Mission which has a Good farm commodious buildings and sufficient teachers the moravian have been faithful workers in the territory but their in hence Kasnot been extensive the presbyterians bad first hold i upon the country and they obtained great influence but the baptists the town is Well situated and in the bands of an enterprising peo ple with its natural advantages would soon become a place of Ini Ortance religious influences Laud one Hundred lashes two or More persons conspiring to violate Law hanging in suppressing such a conspiracy if the Ellender May be killed it is no murder for hanging in five Days after conviction if a Pardon is pc Tio cd a respite of seven Days May be granted by the chief who will Convene Iho executive Council which body acts upon the petition 1ersous escaping while under the death sentence Are to be Hung two Days after capture assault and Battery with intent the parties allowed to define and defend i q one jail los Oil the their own eases and Tho jury was sent i 1 Bare Back a jape one Hundred lash cited tiie testimony was to rehearsed Ami fend their own eases and Tho jury out again when gone about an hour and Hall and returned still about Ciji Ial is infanticide Twenty live to of by divided the Case then Laid Over j to Lashe to the regular term and court adjourned a b clerk my own services 2 Days insurrection by the proclamation o the president of the United states dated july 1 1s02 or in a state which by an ordinance of secession attempted to withdraw from the United states government pro Kilcy that nothing herein contained shall repeal or modify the elect of any not or joint Resolution extending the provisions of the said act of july 1 lht4 to the Loyal citizens of the state of Tennessee or of the slate of West Virginia or any county therein ill president we have spent Mitch time this session in maturing measures to preserve the National credit ave arc looking hopefully Forward to the extinguish ment of the National debt All have concurred in the necessity of preserving the nations Faith toward its creditors we feel a just Pride that our Public securities command such Confidence in the Money markets of the world we even Hope to negotiate new Bonds to take the place of the existing ones at a less rate of interest than any other nation pays this Hope comes from the Confidence we have inspired in the not Murys resources and in its Justice and Honor these Are the important elements of a nations credit As they Are of an individuals the fact is Patent i hut it Tel devastating civil War of Muiir years duration within a period of less than five years of peace such is our recuperative Energy so great and Multi cd our resources so spotless our integrity that our Public have risen to nearly the prof Gold and this too although our debt is the largest of any nation save one but beyond our recon fixed debt expressed in our Bonds ind Legal tender Issue there is a vast outlying indebtedness having no form of recognition from which we persistently turn away our eyes we refuse to take its measure to calculate its height and depth we would Fain reason ourselves into the belief that we May entrench a selves with quotations from the publicists with Apt extracts from Rolins and Vattel and avoid meeting Liis in deftness face to face Day by Day the claimants throng these corridors consequence of any crime or fault of his but because it was on the theater of War or in the Way of the army it was lost in consequence of the War and As an incident of the War when general Burnside was in command of Knoxville Wilh his ill provided army and the rapid approach of Longstreet was known obeying that necessity which admits of no delay and knows Law he a fixed two Hundred and fifty six Bales of Cotton belonging to a Loyal mercantile firm of the City and used them to Complete his works of defense they were used for Makins parapets and traverses at fort Saunders where the As Sault of the enemy was made with the greatest vigor and where they were repulsed with greatest Slaugh Ter and with Little loss to us every trevors and bomb proof was of Cotton that memorable siege has passed into history and is one of the Bright spots of Tjie War that hastily constructed fortification of Cotton Bales probably saved Knox Ville and the army in the hurry of military operations no Vonch Ley of plenty Well sir from this diversion i come Back to the illustration i was about to give in this single Coati of London were two Hundred and thirty two sufferers from these or Ders whose loyalty to the govern ment at the time Timeir property was captured and destroyed is beyond dispute just such men As the his Torian describes men who not Only adhered to the Union but were in Many cases fighting to uphold it what shall be done with their eases they Praseut their Bills with appraisement certified to be fair for property burned 22824 for live Stock driven away 80182113 the live Stock taken was All appropriated by the govern ment a part thus gathered up from the valleys was sold by a special agent of the Treasury and nation were instituted in a Distant Northern court but the owners hid no notice of them the vessel was condemned sold and the Money divided Between the capturing ves Sels and the government that which was paid into the Treasury 1 Square 50 2 spurs 4 of i 3 sours 5 50 s spurs 6 50 10 5 inches t 50 12 Vicol s 01 14 col 12 00 20 1 co is 00 30 Una advertise each them local notices 15 Tice Shor is 00 St 00 00 s 00 u 00 15 00 10 00 15 00 12 00 18 00 14 00 21 00 24 00 40 00 00 00 00 00 00 no 00 00 merits re 00 25 00 20 00 25 00 30 00 35 Oil 60 of 45 00 co 00 100 00 1 per Square for id to the party pub cents per line to no inserted for less than Meit wherever property was Cap tured or taken within the limits of the rebellion before the supremacy of the Law had been reestablished it walkable to be treated As fair prize of War and whether consumed by the army or sold and is there to Day the senior of the j the proceeds paid into the treas firn a Gray haired old Man whose j Ury or destroyed outright no Lia loyalty was the admiration of rebels ability rests upon the government even and who lost the Groat bulk i to make compensation this or of his Fortune in consequence of his president is the argument As i tin loyalty demands of the Justice of de stand it Congress that the Money in the nations Treasury received from the Sale of Bis Steamer shall be paid him and vet this modest demand has not been heeded the advocates of theory however cannot alter settled a clip nations they cannot destroy the essential distinctions Between what publicists Call a perfect War and a i will state one More Case of Pei civil War which was ours Aper Culiar hardship belonging to this i feet War is defined to be where one class a devoted gov whole nation is at War with Aneth or neut not Able to make Bis escape northward was thrown into a Southern prison he owned Valu Uble property in a Northern state his agent who was looking after it enlisted in the army of the Union a base informer falsely charged him Wilh disloyalty his property was seized under the stringent Laws enacted in 1s01 and 1si12 condemned As enemy property and sold of course there was a de fault How was it possible that he languishing in a Southern prison should have notice of what was transpiring when the War was Over and he could make his Way North he found his property confiscated and others in Possession of it when he made Bis application be allowed to defend to court to brought which has gone i himself and repel the base Char into the Treasury but the most i of disloyalty upon v is wore Given to the patriotic i and soldiers valuable pan of the cattle seized were culled out and slaughtered Lor the use of the army while a la Rife number of the Best cows were kept Back for the use of hospitals and the quarters of officers merchants who readily threw open their storehouses upon the Gener als this Cotton or a great part of it was wasted and destroyed by fire while tinder the control of the military authorities Well sir in a Case so seemingly Plain As this the owners of this Cotton have Boon socking Justice of this government since 18s1 j through every Avenue of approach their papers soiled with much handling show the Marks of a Doz i on Diller ont officials but All has been to no purpose and they have at last brought their Case before Congress general Burnside and the officers under his command boar the most generous testimony to Tho loyalty of those claimants and show How freely they yielded their property to the necessities of the army and How meritorious is their claim for rectum Yoiiro Anil Yoi we hesitate and hero is a Case of another kind belonging to a numerous class a coloured Man with a Largo family freed by his aged mistress had accumulated upon her Plantation in Virginia within the military District of Washington upwards of two thousand dollars in live Stock and farm products and i will say to my Friend from Kentucky or Jim Creek that this is the Case to the consideration of which he objected the other Day when it was called on the Calendar his mistress had a safeguard which extended to person House and prop erty this Section of the country was often visited by detachments of troops they encamped on and i ask again on the Plain facts As i have stated them what shall be done with these Bills these two Hundred and thirty two Loyal men arc at the bar of the Senate de manding Justice their property what was not consumed has come into the Possession and use of the government and has never been paid for i come now to speak of another class of losses in time of Yar capture of the enemy vessels is one of the legitimate methods of reducing his re sources and overcoming his Resis Tance the captured vessel be comes a prize of War it is the duty of the captors to Lake it within the jurisdiction of a prize court and have it lib eled and condemned the lawful course in such cases is to give Public notice of the proceedings in admiralty so As to Al Low All claimants of the vessel to come Forward and assert their claims if the vessel captured be longed in fact to a Friend of the government who was not responsible for its predicament at the time of capture upon making this fact known to the court he is entitled to its restoration upon pay ment of Salvage but if there be no appearance judgment of condemnation goes by default if the owner lived within the rebel lines it was scarcely possible that notice of the proceedings against Bis prop Erly should reach him it was of frequent occurrence that the vessel was needed by the Navy or land forces and was not thus sent into port for condemnation and in the which Bis prop cry had been swept away the court did not hesitate on the proofs to set aside the judgment the stain upon his Honor was removed but the court could not restore him Bis property the officers of the Law and the informer had a Good part of the Money realized from its Sale tiie remainder sir is in the Treasury of the United slates and Congress thus far has failed to do or nation and All the members of both nations Are authorized to com Mit hostilities against All the Mem Bers of the other in every Case and under every circumstance permit Ted by the general Laws of War on the other baud a civil War which is a War Between the members of the same society is what Grotius Calls a mixed War and it is Accord ing to him Public on the Side of the established government and private on the part of tic people re sisting its authority Mark the distinction sir Between the two kinds of War in that which is Public All the members of both nations Are enemies to each other and authorized to commit hostilities against each other but in a civil War those Only who resist the govern ment arc enemies it is a private War save the definition the part of Tho people resisting its authority that Means the insurgents and excludes the friends of the government it is due to Candor however or president to admit that the rebel lion assumed the proportions and magnitude of a Public War i do not forget can that on the Wihib of Hay the Queen of Groat Britain made haste to Issue him the poor Justice of giving Back her proclamation that she was Fol to him this remnant not More than Lowed by France and other com on sixth part of the value of i inor Cial nations allot them recon property time would fail me ill Percsi i Dent to comment upon that 1111 i touched class of losses where by wild i Ings Public and private Fence standing Timber and Oiler proper that the United states instituted a mixing the existence of War Between the United states and the so called Confederate states and the rights of each to exercise belligerent pow ers on Tho Ocean i do not forget d 1 to Savouring of realty belonging to men wholly Loyal suffered the rav Ages of War you know sir How blockade that they exercised the right of stopping and searching Neutral vessels on the High seas Large was the demand of the army i that they captured vessels As prizes for buildings As storehouses for i of War also vessels carrying con hospitals and for quarters for off Traband of War or attempting to cers and troops you know How break the blockade i do not for forests were felled and the Timber j get that we dealt with All such Cap and fences used for fuel Tures As prizes of War and that the tons and Bridges i need not pause to do More than allude to this familiar class of losses in some cases the necessities of War required Tho destruction of buildings in the Shenandoah Val records of our courts Are full of adjudications made All proceeding up on the rules of International War and it is True that in these respects and in others such As cartels exchanges of prisoners hags of truce estates be jests decedents estates Are administered upon by appointees of the clerks of Uio courts administrators May be first the nearest heir second a creditor and third one selected by the court administrators fees Are 8 per cent Bonds arc required but in Conse Quence of the exemption Laws and the capital and nearly the whole j want of title to Laud there is stealing a horse first one Hundred lushes second of sense death stealing other property lashes according to offence arson dwell ing House dentil any Oiler build ing y lashes instigators to crime tic same As on the perpetrators lob cry or forcible Ili Possession of properly i to 100 lashes wounding in attempting to death forgery and perjury 50 to 100 Lashe near Tho Plantation they needed Vicissitudes of War was lost or de food and forage and it was stroked Host commonly it was shed Unstine Teddy so Long As it i condemned and sold and the pro lasted his farm was Well stocked coeds divided on half to the id clamor for Justice Day by Day the Justice of the government is impeached Anil its Honor questioned us once or later sir we must pass definitely upon the Legal and morn questions which underlie All these claims Why occupy tic time of the committees with their laborious investigation it they arc not to be paid Why subject to the expense of preparing their proofs and com ing Here year after year if after All it be our determination to make no recompense for Timeir losses the claims of which i speak Are those which grew out of the operations of the Laud and naval nation and instruction of the peo Ile the moravian maintain two uis Siou schools which Are aided and protected by the Indian government there Are no catholics among the cherokees and so far As 1 could discover no individuals of that Faith i could hear of no jew in the whole country and not an irishman outside of the garrisons the Nguo is not the coining Man in the Ler territory for he is already done conic the schools appropriated to that people Are filled with Aux ious and stud Eils and their Enterprise in this department must give them hereafter a High position in the territory they were brought West with the Indi ans As slaves when Congress required the abolition of slavery in tic country the several nations promptly enacted the necessary Laws Ami went beyond the require Nio Jit by putting the a Gro upon the same fouling Wilh themselves i a Lillior Ami 101 in their claims upon the United i Stales for annuities and lands Al though i he negroes were raised under the educational prohibitions of the slave system they have from the first been the recognized interpreters for Tho indians in their Intercourse with the United slates agents and individuals among Tiff creeks Harry Island sugar horse three cows and calves one year Ling and a featherbed x Murk Vasho Heck his x Mark a verbal will of Elizabeth Porris de ceased j am very sickly these times and May drop Oil 8jmeiimc very sudden if 1 do i want you Moses 1orris to take my children mid All my property and effects and take cure of them and raise my children and school them and take care of them until thy Are grown i want no other person to have Uny Thi Rig to do with it Jesse Norris has a full brother but i would rather Bee my property sunk in the Boom of the River than for him to have any thing to do with it and in for my son Jesse Smith lie has had and squandered already More than his share would be therefore 1 want what property 1 have to go to my youngest children for that was the request of Jesie Norris before Hia death Ami you Ali Tabeth Ter re3 remember this that i have said i certify that this was the talk of Beth Porris deceased inn Rel her x Mark d c gifts of property during Good be Havior and for love and affection on bad conduct in Tho recipient Are put on record As also arc the revocations George cow Tom Daniel Hodge Ketch Burnett Goliah Harwood and Simon Brown arc All Well known even at Washington and their names some of them appear on official do currents in the Indian reports As interpreters All but one of them Are negroes and his parents were a negro and an Indi an or Sandford ferryman now with the delegation at Washington As interpreter is of negro extrac Tion among the seminoles Gesar Bruner Rebbun official interpreters and Maharon a Cho in the territory except at fort Gib son where some vagrant women introduce and sell it Al the Peinl named whisky is Worth eight Dol Lars per gallon and the smallest costs titty cents Tim land a Hustion All the Indian nations arc agita Ted with the questions existing be tween ilium and the United Stales government involving their lands the government sees the absolute necessity of individuality in the titles giving each Indian Bis full share at once and absolute upon this question the indians thus ii Silvas Are divided one portion argues that the putting the title in individuals would eventuate in Tho i loss of a Large portion of he lands j to lib indians Tho improvident and dissipated would soon sell out to the Whites and the enterprising Iii Sui would be surrounded by Yankees dutchmen irishmen and the nationality of the in Dian would be lost the other part say that Tho Indian will Nover properly Settle and civilize until lie becomes a land owner and in Whu there is no will the wid terms cd in the soil he tills that of and each child share alike at the dissolute and Idle had better be Taw ple negro in Terreta Tor that peo the negro acquires language with a facility Superior to the Indi an there Are Many thousand negroes in tiie several nations of the territory the government the system of government with the cherokees is democratic and the death without Issue Tho prop Erly of a woman reverts to her relatives with the creeks at the death of the husband the widow is left out entirely and for a Long time it was difficult to secure to widows the pensions paid Thorn by government on the death of their husbands in the army exemptions the Law exempts from tic Home farm Orother improvements mechanical manufacturing and agricultural implements one horse a Yoke of oxen one cow Atid Call 12 Siead of hogs household furniture 50 bushels of Corn one stack of Fod Der firearms one Saddle and Bri dle Makki age marriage Between coloured people and indians is forbidden under pen Alty of 50 lashes to each party a White Man May marry an Indian on obtaining a License from the clerk which is obtained on the be 1rnav Chero in s los the oath of Fidelity to the nation and the payment of subjected to loss Ami suffering than the whole people kept Back by a policy maintained Only for their Benefit that with Kansas Arkan Sas Texas and now Mexico filling up Wilh White settlers it is Folly to Endeavor to maintain an isolated Indian territory Between Thorn when All these were uninhabited the theory was practicable but not now surrounded by states fast fill ing up and Tilro acts with their Iron claws already upon the Terri tory this opinion becomes the More important when it is remembered that the completion of the Railroad to the Texas line and the Bui Diu of corresponding roads in Texas will bring Kansas and the Indian Loyal m on in tit led to its Protection Ami innocent of crime has Boon lost to Thorn find Timeir Only redress is through Congress if denied Hern Thuro is no forum to which they May resort in disposing of these question Congress is circumscribed by no narrow technical ruins it wore derogatory to its High character to allow itself for a moment to be Tram Meled by Thorn As representing the moral sense of the nation it is bound to do what is just what is equitable what is becoming our Christian civilization while to arc the custodians of Tho National treasure we Aro likewise guardians of the National Honor assigned to duty on the com Mittee on claims in this body it has Boon my Opportunity to know Haw much cruel injustice is bcinu1 done to hundreds of worthy men and women and orphan children in withholding from them their just dues in presenting in a collective body these unrecognized creditors of the government whose claims in my judgment arc is valid and sacred As those of the bondholders in will facilitate my purpose to classify them so far As i am Able their losses Havo Arisen then first in the seizure by our troops from Loyal men of food forage fuel live Stock and farm products generally for use ranging mostly under the head of what Are termed quartermaster and commissary stores and which took the place of just so much property or supplies necessary for the army and which otherwise chased secondly in Tho seizure of like property to prevent its falling into the hands of Tho enemy thirdly in the seizure of vessels in Southern Waters belonging to Loyal owners or recapturing such with horses cattle sheep and hogs in a few months every Hoof was gone nil his Corn Oats Hayand meal were appropriated sometimes vouchers wore Given Oft nor not those Given were not in proper form lie was always told when to parted with his property that the government would reimburse him to was stripped of every thing Bat he never complained lie was a Friend of the soldiers Ilo know their Mission and generously trusted in their assurances that the government would make him whole this coloured Man fit Type of his race in Bis simple Trust Ami Loyal Devotion is hero with his petition for Relief but what sir shall to said of the Large body of Loyal men in Virginia inhabiting the Sucu Audrah and con Iii nor i valleys Whoso property wus so ruthlessly driven away and con summed by Tiro in Tho fall of 1801 you remember Tho letter of instructions of general Grant to Gen eral Hunter under which this devastation occurred it ran thus in pushing up Tho Shenandoah Val Ley where it is expected Yon will have to go first or last it is desirable that nothing should he left to invite Tho ene my to return take All provisions for age Anil Stock wanted for the use of your command such As Ciumo to consumed destroy in is rot desirable that the buildings should to destroyed they should Rathe be protected but the peo ple should be informed that Flo Long and a army Eun subsist among them recur cd j Ces of these raids must be expected and i we Are determined to Stop them at All hazards says Uio historian this order Sheridan in returning Down the Valley executed to the letter whatever of Grain and forage had escaped appropriation or destruction by one or another of the armies which had so chased each other up Anil caplets and the remainder into the Treasury vessels were in some cases seized to prevent their falling into the hands of the enemy will give some illustrations of this class it losses to Loyal owners while general Grant was in com Mand at Cairo apprehending an Advance of the rebels he issued an order for the seizure of All steam ers and watercraft in order to pre vent Timeir falling into the hands of the enemy and being used by them to transport their forces across the River one Steamer belonging icy Only Barus and Mills were and in the treatment of prisoners burned and then Only because they stored forage Grain and food but sometimes h happened As in 1ad Ucab for instance that the position we ourselves recognized the rebels As belligerents de Facto and exercised the courtesies and humanities common in Public inter nation Iii l 1 v j Iii i of a fort required the destruction j Al wars of buildings in the neighbourhood yet sir while ail this is True the which sheltered sharpshooters course of the government was die gentleman in that City who had Tat cd by considerations of Linman built a costly residence bojorge the Ity Ami policy to prevent retaliation War had to submit to the hard no and mitigate the Severi ties of War though thus treated practically As Bali Ferents they were never recon nixed As such a Jure to have done that would have been to rec Cassity of seeing it burned by order of the officer in command for the safety of his men la it matter of Surprise that he is Here asking con Gross to make him whole but or president 1 will rot weary the Senate by multiplying instances 1 have said enough to Ili lust rate the character of the losses j Cognize their nationality and the War would have ceased to be a civil one to sir we recognized them As belligerents be Facto but not do Jure the distinction May seem Nice but we made it it was the i come now to the Point where theory upon which the War was we encounter the objections urged j waged on our part All through the against their payment but before protracted struggle if we recon Ude to them As rights for which Relief is sought considering these let me All familiar facts when a Loyal Man residing in the South or living North but owning property in the South joined the Union army and Sion was awarded in the Northern states the necessary supplies for to n citizen of Illinois in an Tho army including munitions of shed condition was sunk while in j War were generally purchased when under pressing emergency they were appropriated they were paid for in those parts of the process of being towed to Cairo under this order tiie owner was a Loyal Man All his Means had been invested in the building of this boat and Here let me say that yesterday the Senate passed a joint Resolution referring this gentle nans claims to the court of claims general Grant proposed to him to rebuild his vessel but in the hurry of military events at that stirring period of the War it was neglected this occurred in the Fallo Flugl but to this Day this Loyal owner has never Boon room Bursch by his government though All the facts As i have stated them arc certified to be Jyh Toul belligerents they were no longer traitors it became a contest Between nations we could no longer punish treason or claim jurisdiction Over the Ter Serveul the country he was paid his Mitory they held and defended Bounty and Drew his regular pay this theory was illustrated in the As a Soldier if he died or this Case of one Smith who had entered Abl cd in the line of his duty a Peni the naval service of the rebels he was taken tried and convicted As a pirate though he produced a commission from the rebel presi Deit though sentenced to death by Mic court or Lincoln suspended the sentence and held him a prisoner of War so with the Crew of the rebel Privateer Savannah in both cases As criminals the prison ers wore guilty of treason but were treated by the political department As belligerents not of right but in fact and this was done for policy Sake though treated As enemies they were held to be traitors i pause Here to inquire if for pol Icys Sake the lives of rebels and a pcs were spared take in the War against the which now constitute a part of the government what for policy Sake National debt thus if might hopi should be done with friends of the country where the Laws were in operation the constitutional prohibition against taking private property for Public use without just compensation was scrupulously observed Astor in the Purchase of those supplies was any account taken of the political sentiments of those who furnished them they might be enemies of the govern ment still they were in the promises of the c paid paid i Viratos were spared government very act of aging a too is before Congress for Relief another Loyal Man who lived in my own state owned a valuable Steamboat which was employed in navigating Tho Mississippi and its lower tributaries Early ii Tho War to was engaged in the transportation of passengers and freight from Memphis up White River his boat was seized by the rebel military authorities and pressed into their service the owner glad to escape True by general Grant this Man i pen and did happen in hundreds government lighting these enemies of cases that the government Pur to uphold it when stripped of then chased its needed supplies from j property not by the enemy but by rfcs cos or those who sympathized i their Owa government with rebels Between a Purchase i but we Are cited by Tii Ose Sona and appropriation without Purchase i tors unfriendly to the payment of there is not either in Law or morals i these losses to the decisions of our and distinction in the obligation of courts to the cases Aud the payment if the appropriation be a tort there is an implied assume sit to pay the value of Tho thing taken that Isth common Law As to individuals and the Constitution must have been Pur country As Noar the sea Board Asia vessels from the enemy after seizure Indiana Illinois and Ohio these ideas Are held mostly by tic half Breeds and Whites in Tho territory Tho full bloods think differently and the improve ment parly Flud it convenient to conceal their principles and Opin ions the full blood has an awk Ward habit of killing those who by them fourthly in the occupation and use of houses buildings and lands of Meu Friendly tothe govern Meu for Tho use of Tho army and for injuries done Thorn the fences and crops there is a fifth class whose Mericl do not discuss consisting Down this narrow but Fertile and productive Valo was now Given to the Torch some of it Tho property of Moil who not orly adhered to Tho Union but were fighting to uphold it More belonged to junkers tune ours a who abhorred bloodshed and had taken no part in the Al Rife unless under absolute constraint general slip Ridlin in writing1 from Woodstock Virginia on the 7ih of october is flt to general Grant thus tells the Story of Tho devastation on moving Buck to this Point Tho whole country from Tho Blue it Togo to the North Mountain has been made untenable for a rebel army i have de Strood Over two thousand barns tilled with wheat and Hay and Farsi aug simple Over seventy Mills filled with hour and wheat have driven in front of Tho army Over four thousand head of Stockand have Lull Oil and issued to the troops not less than three thousand sheep this destruction embraces Tho Luray Val Ley and Little fort Volley As Well As the main Valley a Large number of horses have Heel obtained n proper estimate of which i cannot now make still later than this on 27th no vember 1sg1 general Sheridan is sued his orders to general Merritt commanding first cavalry division to proceed next morning with two brigades of his division to a cer Tain Section of the Valley which includes London county and to consume and pcs Loyah forage and subsistence Burn All bams and Mills and their contents and drive off All the Stock he adds by Way of emphasis this order Muse be obeyed literally such or president is War its Mission isto kill capture and de stroy it Aims to inflict upon the enemy Tho greatest amount of mis chief consistent with rules of civilized warfare Between with his life came Worth and after makes it Law against the govern entered the Union service i mint and died before Tho close of the War he too had invested All his Means in this boat after its Seiz ure by the rebels to never saw it again he was reduced to poverty in the course of Tho War this Steamer was Ron poured by the gunboat flotilla under Commodoro Foote at the fall of Island no 10 it was a Clear Case of Post Liming Tho owner had done nothing to forfeit his rights the rebels had no prize had the court and of course the boat never Boon condemned by Cotton Case of mrs Alexander Grant All that is said in these and similar cases and what after All do they establish As rules for our guid Ance we must not forget that those opinions relied on Are expositions of the Law of nations asap Lla pro lion ced at a time when no mortal and now sir t will consider the i Ali Cable to a state of existing objections urged in this chamber Grant War that they were against Tho payment of the losses i have described generally it is Strid that our late civil War attained the magnitude of a Public War and is mind could predict the result when if tic revolt were successful All persons living in the revolted to be Ove Nied so fur As thin Quot states would be citizens of Mother Tion of losses is concerned by the i nationality and owe allegiance to it rules of International Law it is said that the rebels were a Belliger ent Power organized first As hostile states and then into a hostile con federate government with appropriate political machinery Corn clearest principles of International Pele in All its departments claim titled to his boat ing Independence of the Parent Law he was entitled to 1 on payment of Salvage con government and Recosar Tiou As an had affair ent of red this right other Independent Power and that they sols captured at the same time be longing to rebels were taken into port and regularly condemned in a prize court but this mans boat being useful As a transport was turned Over to the land forces and used by them for months until while in Tho service of the United states it was accidentally destroyed a clearer Case of a valid demand upon the government could not Well be imagined and yet his widow who supports her family by her Needle has been for years t suppliant at the bar of con Gross ineffectually appealing to its Justice and heroes still another Case ranging under Tho same head a Northern firm do Iii business at Mobile at the outbreak of the War had their Steamer seized by the rebel authorities and pressed into their service when our Fleeten tired the Bay of Mobile one of these vessels was sunk another Cap tured proceedings for its co Idem were recognized by several com Mercial nations As belligerents do Jure Andy the government As belligerents de Facto it is further urged that they exercised Al the Powers of government in raising armies and navies in compelling allegiance from All in tic revolted states in punishing disloyalty in compelling military service and Iii levying and collecting taxes wherever their legislation and Power could operate upon persons and property that consequently All persons within the rebel Juris diction who thus against their will might be made to contribute Aid to carry on the War waged by the insurgents against the United Stales Are to be regarded As constructive enemies let their sentiments have been Ever Soloy Aland that their property is to be regarded As Cue Ray property Irwin the Menit of that property from its condition to be useful in aiding the re Bellion therefore says the Ragusan Francisco still with All this allowance expressions dropped from the lips of the judge who in the prize cases pronounced the opinion of the majority of Tho court open to grave criticism Ilo says All persons residing Wilikin this Ter that of the states in whose properly May be used to increase the revenues of the hostile Power Are in this contest liable to be treated As ene Mies though not foreigners they have cast off their allegiance and made War on their government and Are none the less because they Are traitors now it is notorious thou saudi of men whose Homes were in the insurgent territory were at the Verv Lime this cruel charge was made in the ranks of the Dii Iob army exiles from Home dec also of Timeir loyalty fighting against rebels to uphold that government of which they Are pronounced enemies thousands yes tens of thousands shut up in the prison houses of the South and not Able to serve their government except by their prayers were at tors very moment putting up their supplications morning and evening Lor Tho Success of the Union arms concluded next a coloured voter a Century old was registered the other Day in
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