WRITINGS OF SAM HOUSTON, 1853
429
already realized. I am anxious to see these Indians removed, and the treaty carried out, but at a $100 pe 1• capita, $60,000 would cover the whole expense of their removal. I am as anxious as the gentleman from Florida to see these Indians removed, though I admit that there is no necessity for it. Florida has a vast area of country comparatively uninhabited, and it is not necessary that the Indian country should be given up to white settlement. I do not think that it is exactly courteous to threaten the Government about not fulfilling treaty stipulations. The Government of the United States is capable of performing all its obligations and of requiring others to perform theirs. I do not think any State has a right to anticipate it; certainly not a State which has been created by the Federal .Government, the right to create which was acquired by the Federal Government. Such a State has certainly no right to threaten to take into its own hands the power that pertains to the Federal Government. I am in favor of doing everything that is reasonable, but I can see no good to arise from a menace in regard to the action of Florida. [Mr. Weller, Mr. Dawson, Mr. Pearce, speak.] I move to amend the appropriation for the payment of the Ohio Shawnees, which has been retained by a vote of the Senate, by adding to it the following: Provided, That the sum aforesaid shall be paid to the said tribe pe1· capita.; and if any agent or other person or persons s~all violate this proviso, he or they shall be guilty of felony, and shall be liable to indictment in the State in which the Indians reside; and be punishable by fines and imprisonment-the fine not to be over $1,000, nor less than $500; and to be imprisoned not more than ten, nor less than five years. Provisos of this sort have frequently been made in the laws. One was made last year, which has been read by the Senator from Wisconsin, and we supposed that they would certainly have had a tendency to restrain the officers from violation of them; but they have not had that effect. I have been assured, upon good authority, that not a single instance has occurred under direction of the Secretary of the Interior, since the enactment of the law of the last session, in which a compliance has been had with it. Therefore, it becomes necessary to attach some penalty to the violation of la\v. Heretofore it has been supposed that conscience would have some effect, but it is now ascertained that conscience is a dead letter with that officer, and it is necessary to give a living letter to guide him and to make
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