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with you and to have you and your people coöperate with us in military operations against the Spanish forces."

ANDERSON SAID AMERICANS CAME "TO FIGHT IN THE CAUSE OF YOUR PEOPLE"

Now, clearly after receiving such communication Aguinaldo had good reason to believe that General Anderson, and as representing the United States, sympathized with the aspirations of the Filipino people. Or rather, would we say, there was nothing in such communication to disabuse Aguinaldo of such belief, but only that to confirm him in the undoubted impression that his negotiations with Consul-General Wildman and others had left upon him. Aguinaldo promptly rejoined to this communication of General Anderson in one of like friendly tenor, whereupon General Anderson, on July 6th, wrote to Aguinaldo, requesting him to set aside additional camping ground for American troops, as follows

"I am encouraged by the friendly sentiments expressed by your excellency in your welcome letter received on the 5th instant to endeavor to come to a definite understanding, which I hope will be advantageous to both. Very soon we expect a large addition to our forces, and it must be apparent to you, as a military officer, that we will require much more room to camp our soldiers and also storeroom for our supplies. [Cavite alone was then in control of the American forces. Over all the other territory around Manila Aguinaldo's forces held control.] For this I would like to have your excellency's advice and coöperation, as you are best acquainted with the resources of this country."

And three weeks later yet, before the arrival of General Merritt and when General Anderson was still in supreme command, we find him requesting Aguinaldo for assistance in procuring means of transportation for the American Army, "as it is to fight in the cause of your people." Clearly we have not done by Aguinaldo as we led him to expect.

APPENDIX II

SOME NEW ENGLAND ATROCITIES

The Senate having under consideration the Indian appropriation bill.

MR. BROWN: I move to amend the amendment, in line 8, page 72, by adding after the words "Secretary of the Interior" the words:

Unless such award has been paid to and accepted by the claimant.

I move this amendment because it was said here by the friends of the change that if it had been paid to and accepted by them of course that would be another question. I suggest that, if it has been paid to and accepted by a claimant, it ought to be a reason which the Indian may urge in a court of justice.

MR. PETTIGREW. There seems to be great misapprehension with regard to the claim of these attorneys, exhibited especially by the remarks of the Senator from New Hampshire [MR. CHANDLER], who I supposed had become educated on this subject last year. We then discussed the merits of this case for days, and the Senate decided to distribute this money among the attorneys. Now we come in here with a provision. to send it to the Court of Claims and allow the Indians to come in, if they have a claim, and have it adjudicated, and that is not satisfactory.

The facts are that twenty-five years ago these Old Settler Cherokees made a contract with one of their own number, Joel M. Bryan, to come to Washington and try to collect certain money which they claim was due them. They set apart 35 per cent of the fund to pay expenses and authorized him

1. Speech in the Senate February 24, 1897.

to employ other attorneys to assist him in securing it. He spent twenty years here. He advanced his own money, sold his farm, his home, and his mill, gave his entire attention, made more than a hundred trips back and forth in procuring testimony, and finally succeeded in securing a claim of about $800,000. In the meantime, on account of the hardships which he had suffered, the large sums of money which he had expended, the dissipation of his entire fortune, they made a new contract with him and provided that if there was anything left of the 35 per cent after paying expenses of the attorneys it should go to Joel M. Bryan, their attorney and commissioner.

They made a contract hedged about by all the provisions of law; made a contract which was approved by the Interior Department. It was never questioned until about two years ago. Then, encouraged by the speeches and conduct of certain Senators who are always so solicitious about the poor Indian, the council of the Cherokee Nation got together and undertook to repudiate the contract with Joel M. Bryan. The contract is still in force. The Indians have no interest in this controversy, absolutely no interest whatever. If those attor neys are defeated whose contracts are included in this provision, Joel M. Bryan gets every dollar which is left, and not a penny will go to the Indians under any circumstances, unless the Court of Claims, taking everything into consideration, decides that a portion shall go to the Indians.

I contend, Mr. President, that the Indians have no right here, no claim here whatever; that whatever there is that does not go to other claimants goes to Joel M. Bryan, and that, as the matter stands today as adjudicated by the Secretary of the Interior, this whole amount belongs to Joel M. Bryan. Last year we divided it among the attorneys, giving Joel M. Bryan a portion of it; but Bryan consented to that division. He was 86 years old, and the ten or fifteen thousand dollars that he was to receive was sufficient, he believed, to support him the remainder of his life. Rather than be subject to a constant pursuit of this matter, he concluded to take a settlement and drop the controversy, and the Senate by a large majority de

cided that way. Now we are trying to dispose of it again, and the same opposition is presented, and the day is spent in talk.

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MR. LODGE. What became of it last year.

MR. PETTIGREW. The other House refused to agree to the Senate amendment in conference. It was finally agreed to drop it out. The House of Representatives, however, offered to send the matter to the Court of Claims, and I believe the Senate voted not to send it to the Court of Claims. That proposition had been presented. Now the committee propose to send it to the Court of Claims, and the same Senators who objected last year object again. They talk about the interest of the poor Indian. The people who would get this money, if it were undertaken to pay it to the tribe, are white men from the Indian Territory, unscrupulous men, men who would have lived off the Indians and have become rich plundering the so-called Indians of that country in securing legislation here. They are, after all, the poor Indians for whom New England pleads.

I have sometimes wondered why there was such a vast amount of anxiety from New England about the poor Indians; but it is easy to understand. It is in atonement for the past, for the wrongs of their ancestors; for I think it is well understood that after having made a saint of Miles Standish for murdering Indians in cold blood, those they did not sell to slavery they put on an island in Boston Harbor and starved to death.

MR. PALMER. I ask the Senator why he proposes this amendment, which provides that if those parties have accepted payment in full, substantially that there shall not be a bar to any further claim?

MR. PETTIGREW. I will answer the Senator. Joel M. Bryan, as the facts show, had returned to him simply the money he had paid out. He took it, but he did not relinquish any part of the equity and justice of his claim. He only received the money he had actually expended in prosecuting this

case, and received no salary, no fees for the twenty years of time which he had spent here. I do not think that an amendment should be placed in this bill to refuse him any further relief when every dollar of this money that does not go to these attorneys goes, under contract, to the Indians.

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MR. WHITE. As I understand, this bill makes no provision for the payment of money back into the hands of the Secretary of the Interior in cases where a virtual recision is sought here. Here the party to whom the Senator refers accepted the money; but the Senator says it was not enough, non constat, that the Court of Claims should award that much. Now, does the Senator claim that the party has a right to retain that money which he has received from a tribunal which he claims treated him unjustly and resubmit his case to another tribunal, and, in case of a judgment for a less amount than that rendered by the other tribunal, he will stand upon the judgment of the first?

MR. HOAR. I submit that a clear answer to that is to say, as the Senator from South Dakota says, that Indians were starved to death in Boston Harbor two hundred and fifty years

ago.

MR. WHITE. That answer does appear conclusive.

MR. PETTIGREW. Mr. President, as far as I am concerned, I have no objection to an amendment on the part of the Senator from California covering the question which he asks. I presume that some of these people are satisfied. I understand that there were favorites in the distribution made by the Interior Department; that the full limit of all that was called for under the contract was awarded to some of these people, while to one man whom I have in mind there was paid but $8,000, although he had spent nearly twelve years prosecuting this case, and the payment he received was less than a fifth of the amount to which he was entitled under his contract. I think he is entitled to relief, and I do not believe he should be barred by the arbitrary conduct of the Interior Department, made, perhaps, by an employee, without the

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