Mr. Teller. It is not my fault. I am talking as loud as any decent man ought to talk. This piece of ground will not be in Nebraska or Dakota, because we put in here a provision that it shall not be in Nebraska until the Indian title is extinguished. That is an indefinite period. It may be for a thousand years. Then it will not come into Dakota, because it would be very unfair when we admit the State of Dakota to include after the passage of this bill this very piece of ground in Dakota; and so where will it be? What government will have jurisdiction of it? Neither of the States. I suppose the General Government will, as a piece of ground that is included in neither State; and it will be a remarkable condition of affairs for the Government to have a little strip of ground a mile wide at one end and eight miles wide at the other and sixty miles long, without any government over it at all. The truth is, it ought to be put in the State of Nebraska, with some provision that the Government shall reserve the right to manage the Indians and take care of them as it does now. There is no objection to the Government having an Indian reservation within a State if when the Government puts it in the State the Government reserves the right to have exclusive control of the Indians, and that they have done in some instances in Nebraska, as I recollect in their organic act. Mr. Paddock. Does the Senator understand that every inch of this territory is now within the limits of the Sioux reservation? Mr. Teller. Certainly I do. Mr. Paddock. It is a part of the Sioux reservation. Therefore, of course, the intercourse laws are in force absolutely, and no other laws so far as that tract is concerned, and putting it into the State does not change the state of the law in respect of offenses that may be committed there. It will be in the Territory until this law takes effect. The Presiding Officer. The question is on the amendment of the Senator from Massachusetts [Mr. Hoar]. The amendment was agreed to. Mr. Cockrell. Now let the bill be read as amended. |
The Presiding Officer. The Secretary will read the bill as amended. The Chief Clerk read as follows: Be it enacted, &c., That the northern boundary of the State of Nebraska shall be extended so as to include all that portion of the Territory of Dakota lying south of the forty-third parallel of north latitude, and east of the Keyapaha River and west of the main channel of the Missouri River; and when the Indian title to the lands thus described shall be extinguished, if it shall ever be extinguished, the jurisdiction over said lands shall be ceded to the State of Nebraska, and the northern boundary of the State shall be extended to said forty-third parallel, as fully and effectually as if said lands had been included in the boundaries of said State at the time of its admission to the Union, reserving to the United States the original right of soil in said lands, and of disposing of the same: Provided, That this act shall not take effect until the President shall, by proclamation, declare that the Indian title to said lands has been extinguished; nor shall it take effect until the State of Nebraska shall have assented to the provisions of this act; nor shall this act create any liability or obligation of any kind whatever on the part of the United States to extinguish said Indian title, or in any way affect the Indian title thereof. Mr. Ingalls. I observe by an inspection of the map that this projected line bisects the Fort Randall military reservation. What I want to know is, this bill taking effect when the Indian title is extinguished, and the jurisdiction of this entire country being then ceded to Nebraska, if by operation of law we shall not then give the reservation to Nebraska without intending to do so. Mr. Eaton [Connecticut]. "Reserving to the United States the original right of soil in said lands and of disposing of the same" is the language of the bill. Mr. Ingalls. But here is not only an Indian reservation but a military reservation that comes down south of this rectified frontier of Nebraska, and we provide that the entire jurisdiction of this territory shall be ceded to Nebraska, when the Indian title is extinguished. Now, if we pass the bill in this shape do we not necessarily, without intending 6 |
to do so, cede the portion of this military reservation that lies south of that line, and thereby perhaps very seriously interfere with the authority of the United States in that reservation? I suppose the intention of the Senator from Nebraska is to except from the operation of this act not only the Indian reservations, but the military reservations. Mr. Saunders. It was supposed that that was covered by saying that the right to dispose of the soil was reserved to the Government of the United States. Mr. Davis, of Illinois. It seems to me this bill is very immature and it ought to go back to the committee. I therefore move its recommittal to the Committee on Territories. They can report it back in a better shape than it is now. The Presiding Officer. The Senator from Illinois moves that the bill be recommitted. The motion was agreed to.5 On the 22d of May the senate finally considered the bill as follows: The bill was reported from the Committee on Territories with an amendment to strike out all after the enacting clause of the bill and to insert: That the northern boundary of the State of Nebraska shall be extended so as to include all that portion of the 5Ibid., pt. 3, pp. 2960-62. The part of the Fort Randall military reservation, referred to by Senator Ingalls, which was included in the transfer from Dakota to Nebraska, was bounded on the northeast by the Missouri river; on the southeast by a direct line starting from the Missouri river, in fractional section 24, township 34, north, range 10, west of the sixth principal meridian, and running southwesterly to the southwest corner of section 3, township 33 of the same range; on the southwest by a direct line running from the point last described northwesterly until it intersected the forty-third parallel of latitude in the middle of section 19, township 35, north, range 12, west; on the north by the forty-third parallel-from the point last described to its intersection with the Missouri river. The new territory was divided between Knox county and Holt county (Laws of Nebraska, 1883, pp. 199, 201). Knox county retains its part of the acquisition; but all of Holt county's part of it, except the fractional townships lying between its north boundary line and the Niobrara river, was taken toward forming Boyd county. The southwestern corner of Boyd county lying south of the Keyapha (sic) river is outside the acquired territory in question. |
Territory of Dakota lying south of the forty-third parallel of north latitude and east of the Keyapaha River and west of the main channel of the Missouri River; and when the Indian title to the lands thus described shall be extinguished, if it ever shall be extinguished, the jurisdiction over said lands shall be ceded to the State of Nebraska, and the northern boundary of the State shall be extended to said forty-third parallel as fully and effectually as if said lands had been included in the boundaries of said State at the time of its admission to the Union; reserving to the United States the original right of soil in said lands and of disposing of the same: Provided, That this act shall not take effect until the President shall, by proclamation, declare that the Indian title to said lands has been extinguished; nor shall it take effect until the State of Nebraska shall have assented to the provisions of this act; nor shall this act create any liability or obligation of any kind whatever on the part of the United States to extinguish said Indian title or in any way affect the title thereto: And provided further, That this act shall in no way affect the right of the United States to control any military reservation, or any part thereof, which may now or hereafter be on said land. Mr. Edmunds [Vermont]. I move to amend the amendment where the subject of military reservations is spoken of by inserting after the word "military" the words "or other;" so as to include any lawful reservation, whether you call it a military reservation or one for some public building or an Indian reservation, &c. Mr. Saunders. That is all right. The President pro tempore. The amendment will be reported. The Chief Clerk. In line 24, after the word "military", it is proposed to insert "or other;" so as to read: That this act shall in no way affect the right of the United States to control any military or other reservation, or any part thereof, which may now on hereafter be on said land. The amendment to the amendment was agreed to. Mr. Teller. I do not desire to obstruct the passage of this bill, but I made an objection to it the other day, which I think still exists. Here is a proposition to take |
out from the Territory of Dakota a strip of country very narrow at one end and not very wide at the other, containing but a few [square] miles, and to leave it in such a condition that it will neither be in a State nor in a Territory should Dakota be admitted. It cannot be contemplated that the Government will extinguish the title of the Indians to this land for many years. When the State of Dakota comes here, which it will very shortly if we pay due regard to the wishes of the people there and the population is sufficient, we shall have the remarkable spectacle of a little strip that is neither in Nebraska nor Dakota nor anywhere else. I think it should be put in the State of Nebraska at once. I can see no reason why it should not be; and it certainly will be found eventually to make a great deal of trouble. But the Senators who have this bill in charge and who are especially anxious about its passage, do not seem to be willing that that should be done, I suppose for fear that it would embarrass the bill. I do not intend to make any factious opposition to it. I have just stated what I think about the measure. Mr. Allison [Iowa]. As I understand this bill, it makes no change whatever in the existing status until the Indian title shall have been extinguished; therefore I take it that if Dakota should be admitted as a State next year, this Territory would be within the boundary of Dakota for the time being. Mr. Teller. If that is the fact, we shall have a very remarkable condition of affairs. This will be in Dakota, and whether it remains in Dakota or not depends upon the action with reference to the extinguishment of the Indian title. Why not put it now in Nebraska? It will lot interfere with the relations of the Indians to the Government. If it will, guard with such language as may be proper and see that it shall not. Mr. Edmunds. It rather strikes me that it would be wise to fix a time within which the State of Nebraska shall assent as is provided in this amendment, because giving her an unlimited time within which to assent, it puts it conditionally out of our power and out of the power of Dakota in arranging for the admission of that State hereafter. Therefore I think it would be reasonable to provide where |
the assent of the State of Nebraska is spoken of--which is necessary as it changes her boundary--that that assent shall be given within a certain period of time. Mr. Saunders. I have no objection to that. Mr. Edmunds. When does the Legislature of Nebraska meet? Mr. Saunders. It meets next winter. Mr. Edmunds. If we provide that the assent shall be given within one year from the passage of this act, it would give the Legislature an opportunity to act. After the word "act", in line 19, I move to insert "which assent shall be given within one year from the passage hereof." Mr. Saunders. I have no objection to that. Mr. Edmunds. I think that is right. It will not embarrass it. The amendment to the amendment was agreed to. The President pro tempore. The question now is on the amendment reported by the Committee on Territories as amended. Mr. Dawes. Before we vote on it, I should like to hear the amendment read as amended. The Chief Clerk read the amendment as amended. The amendment, as amended, was agreed to. The bill was reported to the Senate as amended, and the amendment was concurred in. The bill was ordered to be engrossed for a third reading, read the third time, and passed. On the 5th of June the bill was taken up in the house and referred to the committee on the judiciary.7 It had not been reported back when the forty-sixth congress finally adjourned on the 16th of June. On the first day of the first session of the 47th congress, Senator Saunders, who in the meantime had become chairman of the senate committee on territories, introduced the bill avowedly in the form in which it had passed the senate at the last session, but as senate bill number 17.8 When 6Ibid., pt. 4, p. 3644. 7Ibid., pt. 6, p. 4220. 8Ibid., v. 13, pt. 1, p. 3. |
the senator undertook to call up the bill on the 31st of January, 1882, he explained his wish to have it considered hastily as follows: Mr. Saunders. This bill is the same exactly that passed the Senate unanimously at the last session of Congress after having been thoroughly canvassed, and it has been reported unanimously by the Committee on Territories again. The hurry we have in this matter is that it cannot take effect, according to one of the conditions, until the Legislature of the State of Nebraska shall have acted on it, and the Legislature expects to be called together early this spring. As the bill will have to go through the other House, and then notice must be given to the governor of Nebraska, I desire very much that the bill shall be allowed to go through this morning. I think there is no objection to it. But the wily senator from Vermont again interfered, and the following colloquy ensued: Mr. Edmunds. It is a pretty serious business to enlarge or diminish the boundaries of a sovereign State, and it is still more serious if, as I have been told, this enlargement of the boundaries of Nebraska is to take in both an Indian reservation and a military reservation; and before I vote to take it up, I should be glad to have the Senator from Nebraska tell us whether I am correctly informed that this is to bring within the jurisdictional territory of Nebraska a reservation already set apart for some Indians along that border. Mr. Saunders. It provides that it shall not take effect until the Indian title shall have been extinguished. Mr. Edmunds. That was not precisely the question. I asked whether this change of boundary does not bring into the State of Nebraska an Indian reservation already established, on which the Indians are living in peace and quiet. Mr. Saunders. It is called the Indian reservation, though it is that part which was held by the Poncas, and some mistakes were made, they claim, when it was turned over to the Sioux; but call it a reservation or what you please, it is no doubt a part of the Indian reservation, and |
in that regard it is provided that the bill shall not take effect until the Indian title shall have been extinguished. Mr. Edmunds. What is the object of this enlargement of the boundaries of the State of Nebraska? What good does it do? Why is it necessary? Mr. Saunders. It is merely to straighten the line and bring in a very irregularly formed piece of land. It will not help the Territory of Nebraska particularly. Mr. Ingalls. It is very important that all States should have straight lines, rectangular frontiers.; but I am advised that this proposed change takes in the capital of the Territory of Dakota. Is that the case? Mr. Saunders. The capital of Dakota is on the east side of the Missouri River, and this all lies west of the Missouri River, so that it does not touch it or come within a long distance of it. Mr. Edmunds. Mr. President-- The President pro tempore. The morning hour has expired. The Chair lays before the Senate its unfinished business. Mr. Saunders. I ask unanimous consent to take a vote on this bill this morning. Mr. Edmunds. The Senator cannot get it this morning. The present boundary line of Nebraska follows the stream-- Mr. Saunders. The bill is just to straighten that line. [Indicating on a map.] Mr. Kellogg [Louisiana]. I desire to inquire of the Chair if I have lost my opportunity now, the morning hour having expired, to call up a resolution? The President pro tempore. The Senator has. Mr. Kellogg. I desire to say that I yielded as a matter of courtesy to my good-natured friend from Nebraska, and I hope he will not ask me to do so again. Mr. Saunders. I only want to rectify this boundary. Mr. Edmunds. Regular order!9 Senator Saunders was sharply cross-examined on the 9Ibid., pp. 745-46. The rather notorious carpetbag senator from Louisiana, William Pitt Kelogg, who engaged in this debate, had been a Judge of the territorial court of Nebraska. |
bill, in committee of the whole, just before it was reported for a third reading. Mr. Saulsbury [Delaware]. I should like to ask the senator from Nebraska who has title or claim now to the land that it is proposed to incorporate into the state of Nebraska? Is it public land? Mr. Saunders. It belongs to the government; that is, it is included in an Indian reservation. Mr. Saulsbury. Then this is a proposition to take part of an Indian reservation and incorporate it in the state of Nebraska? Mr. Saunders. The provision of the bill is that it does not take effect until the Indian title is extinguished, so that is all provided for in the bill. Mr. Saulsbury. Then it is to give the public lands to the state of Nebraska, which I understand has a large territory now? Mr. Saunders. No; under the bill the government will have the right to control the lands. Mr. Plumb [Kansas]. I should
like to inquire why it is that the State of Nebraska has not
by some home authority made some profert of its wishes in
regard to this matter, and I should like to ask further what
is the feeling of the people of Dakota about it? We are
taking away what is apparently valuable property from the
Territory of Dakota, which is here seeking admission as a
State. It seems to me we ought to have regard for the wishes
of those people, and the fact that the State of Nebraska
apparently never has put in an appearance here or asked
anything about it ought to enter into the considerations
bearing upon this question. |
belongs to an Indian reservation, and there are no persons particularly affected by it, because there are no white people upon the reservation, and I do not know that there are any Indians on it now. The object of the bill is to straighten the line between Dakota and Nebraska. If the line had been straight, or if there had been a well-defined line, no bill would have been brought before Congress in regard to the matter. The bill provides that the line shall go up the Niobrara River to the mouth of the Keyapaha River. The Niobrara River in many places there is a very wide and shallow stream, changing its channel frequently. Sometimes in twenty-four hours the channel has been removed a quarter of a mile or more. So difficult has it been to decide what is the real channel of that stream, that one of the judges in that district told me himself that he had released a prisoner and refused to act upon the case because he would not take it upon himself to decide the northern boundary of Nebraska where it was the main channel of that stream, because it was so difficult to tell where the channel was. For these and other reasons, the main reason being to straighten the line (which would have been done when the act was passed originally if Congress had known anything about where it would be,) and not for the purpose alone of attaching territory to Nebraska, I ask for the passage of the bill. It does not affect anybody's interest particularly, but straightens the line and gives the map an appearance which it would not have without this enactment. Mr. Cameron, of Wisconsin. I desire to inquire of the Senator from Nebraska how extensive the territory is which it is proposed by the bill to transfer from the Territory of Dakota to the State of Nebraska; that is, how many square miles does it contain? Mr. Saunders. I cannot tell exactly, but it is about forty miles in length and probably there is a mean width of about three miles, perhaps not quite so much. There are, I think, over two townships of land, but it is in such an irregular shape that I cannot tell exactly the quantity. Mr. Hale [Maine]. Is there any population there whatever? |
Mr. Saunders. There is no population there, and no population is affected by the bill at all. Mr. Teller. I should like to inquire if the Indians are not affected by it? Mr. Saunders. Not the Indians themselves. Mr. Dawes. The Indians have all been removed to the Indian Territory. Mr. Edmunds. At the point of the bayonet. Mr. Dawes. They have been removed at the point of the bayonet, so that the bill does not affect them. Mr. Butler [South Carolina]. I think it is fair to say in behalf of the bill that it was considered by the Committee on Territories and unanimously reported favorably. My friend from Kansas [Mr. Plumb] made an inquiry as to what the feeling of the people of Dakota is upon the subject. The only information I have on that point is that quite a large delegation of very intelligent gentlemen from Dakota was before the Committee on Territories,. where this matter was informally discussed, although not specially with reference to this line, and no objection was made to it by them that I could hear. I think the bill is an entirely proper one for the reasons assigned by the chairman of the committee, and I hope the Senate will pass it. I do not see that it can affect the Indians, as their rights are thoroughly protected by the proviso. It simply straightens the line and gives symmetry to the northern line of the State of Nebraska. That is about all there is in it. The bill was reported to the Senate as amended. Mr. Pendleton [Ohio]. Let the bill be read in full. The Acting Secretary read the bill. Mr. Edmunds. The Senator from Iowa [Mr. Allison] has just suggested to me, and I think with great wisdom, that this grant of territory should be subject to all the provisions in regard to the admission of the State of Nebraska into the Union. The only real point about it that I can now think of would be as to reserving the free navigation of the Missouri River. I do not remember how the old acts in regard to the States that border on the Mississippi and the Missouri run, whether their jurisdiction is extended to the center, to the main channel, or whether to the shore. Mr. Saunders. To the main channel. |
Mr. Edmunds. If it is extended to the main channel, then there should be what was, I am sure, in the earlier acts in regard to these States, a provision that would make the whole of the river free for navigation, &c., to all the people of the United States. Undoubtedly if we had a provision subjecting this tract to all the conditions and limitations of the original act of admission, it would probably cover the point, although I have not looked at the law. At any rate I will move to insert, after the word "Nebraska", in line 10, the words "and subject to all the conditions and limitations provided in the act of Congress admitting Nebraska into the Union." That will probably secure what I have in view. The President pro tempore. The question is on agreeing on the amendment of the Senator from Vermont. The amendment was agreed to. Mr. Dawes. I think the safeguards that have been put upon the bill are very desirable. As to the question of extending the boundary, I think any one who looks upon the map will see the propriety of it. The bill includes in the State of Nebraska just the old Ponca reservation, about which so much was said in the last Congress. It does not affect the title to that reservation, which has never by any legal means been taken out of the Ponca tribe. I suppose there can be no doubt in the mind of lawyers that it still remains there. The Ponca tribe have been driven off; no one inhabits the reservation now, and their dwellings, those that have not been carried over this river by enterprising settlers in Nebraska, have been swept down the river by the floods that have been described by the Senator from Nebraska. But the rights of the Indians, whatever they are, do not seem to be affected by the bill, and the straightening of the line of Nebraska does seem to be very desirable. I hope, therefore, the bill will pass. The President pro tempore. Does the Senator from Vermont propose any further amendment? Mr. Edmunds. I think that the provision we have inserted is adequate to the purpose I had in view. The bill was reported to the Senate as amended, and the amendments were concurred in. |
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