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May 24, 1830.]

Removal of the Indians.

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the many controversies we have had, she has been inis- I lived that they have the right to forịn a Government, which judged in the commencement, the State has bever claimed sball act pot vuly upon themselves, but upon citizens of a political or territorial right which has not beeu conced- the United States who may transgre-s its laws; and that ed; and time has uniformly given to her the vautage they bave the ability to establi-h such relations between ground of viodication in the contentiou.

themselves and the United States, in future, as their inteWhere proofs of this jurisdiction in the States are so rest or convenience may dictate. This iudependence is plain and numerous, as weil historical as political, it be based upon treaties with the United States; and those of cotnes pecessary for those who sustain it, to notice the Hopewell and Holston are principally relied upon in supgrounds upon which it is denied. I shall state them fully, port of it; the seventh article in the latter being a guaranty so far as they have been urged in this debate, and by thuse io the Cherokee pation of all their lands not ceded. The out of this House, who have distinguished themselves in object which I now have in view is, to prove, without any exciting public opinion against the policy proposed by the reference to the authority which Georgia may exert over bill on your table. It is said, in behalf of Iudian indepeu- them, that the Cherokees, by their own concessious in the dence generally, that, as early as 1763, the King issued a treaties mentioned, are debarred from establishing such a proclamation, forbidding settlements to be made upon any Government as now exists among them; and, of couselands whatever, “ which, but having been ceded or pur- quetice, that they are not an independent people, and can cbased, were reserved to the Iudiaus." And, in support bave po attribute of a vation. The sixth article of lhe treaof Cherokee, Chickasaw, Choctaw, and Creek nationality ty of Hopewell deprives the Cherokees of the power of and separate existence from the States and the United punishing Indians, or persons residing among them, or who States, certain treaties between those tribes and the United shall lake refuge in their nation, for robbery, murder, or Stutes are cited as evidence. Now, sir, it unfortunately other capital crime, on any citizen of the United States; bappens, for those who have such faith in the royal ordi. and binds them to deliver the offender, to be punished dance of 1763, that it asserts dominion over the Indians in according to ber laws. Aud, by the seventh article, they terms, and merely reserves to them the unmolested occu- have not the privilege to punish a citizen of the United paney of their á hunting grounds."." Whereas it is just States, who shall commit either of the offences just named and reasonable, and esseutial to our interest aud the secu. upon an Indian. By the vinth article, the United States rity of our colonies, that the several natious or tribes of bave the exclusive right of regulating the trade with the Jodians with whom we are connected, and who live under lodians, and of mapaying all their affairs in such mnuner our protection, should not be molested or disturbed in the as they think proper. The same power is in the United possessiou of such parts of our dominions and territories States by the sixth article of the treaty of Hulston; and by as, not having been ceded to or purchased by us, are re the tenth and eleventh articles of ihe same treaty, the served to them, or any of them, as their buuting grounds,” Cherokees are bound to deliver up criminals, refugees as is the language of the proclamation. Here is the assertion well as Indians; and the United States reserves the right of juris-liction, and it is followed by a command to opet punish its owo citizens who shall commit crimes on class of subjects not to disturb another. If, at that day, Cherokee land. It must be kept in mind that, by, the first auy one of his Majesty's liege subjects in the colonies bad and third treaties of Tellico, the treaties before existing used this proclamation as the basis of Indian independence, between the parties are declared to be in force, together to the exclusion of England's sovereignty and jurisdiction with the construction and usage under their respective over them, and had promulgated bis doctrine, his career articles, and so to continue; and the sixth article of the would soon bave been stopped by a visit from the King's first treaty of Tellico is a repetition of the guaranty to the attoruey, in the form of an iuforination, to answer for sedi. Cherokees of the remainder of their country forever. Is it tou-if he had not, in the loyalty of the provinces, been cousistent, then, with such powers as are conceded by the made to share, in a more summary®manuer, the fate of treaties of Hopewell and Holston to the Uuited States, that Roger Williams. Bavishment, sir, would bave been a ten-. the Cherokees shall form a Goveroment, virtually excludder mercy for such political heresy. To the succeeding ing the operation of any action of the Voited States upon paragraph of the “ royal ordinance” to that which bas Cherokee concerns sa Government wbich legislates for just been cited, forbidding settlements upon Indian huut- the punishment, by their own courts of the refugees and ing grounds, the King declares it “to be our royal will and criminals whom, by treaty, they are bound to surrender, pleasure, for the present, to reserve under our sovereign to be punished according to the laws of the United States, protection and dominion, for the use of the said Indians, all the only instance in which they are permitted to punish a the lands and territories not included within the limits of citizen being where persons intrude upon their lands with. our said three new Governments." Such, sir, is the sup- out their consent : a Government which taxes the liceused port given to Indian independence by the proclamation of trader, and forces a revenue from the vendor of merchau. 1763 ; and, with this plain assertion of sovereignty by the dise, when the sole and exclusive right to regulate their king, I am warranted in supposing that gentlemen could trade is in the United States ; which inflicts the scourge Lever have arrayed it in support of their cause, if, in their upou the backs of your people, regardless of their cries haste to defeat the bill under consideratiou, they had not that they are American citizens, and of the remonstrances overlooked the contents of this "royal ordinance” aud cor. of your agent, who, by treaty, lives among them to proner-stoue of lodiao iudependence. But the strong ground tect them from abuse, and our own people from that upon which Indian independence, and that of the Chero cruelty which, in the face of our institutions, permits pokees particularly, is placed, are the treaties existing be- lygamy as a fit' indulgence for their chiefs and rulers, and tween the United States and those tribes, entered into be- twists a halter around the neck of every lodian who dares fore and since the adoption of the present constitution. I to enrol bis naine as au emigrant, or who attempts to pershall take up the gauntlet which has been thrown down suade others to become so. by the opposition in behalf of Cherokee independence, and If the Cherokees bave a right to establish an indepenam willing to make the treaty stipulations between that dent Goveroment, they are disunited from the Uvited tribe and the United States the test of the jurisdiction of States as well as the States, and can enter into alliances the States over Indians living in their limits.

with foreigo nations, except so far as they may be restrainThe assumption in behalf of the Cherokees is, that they ed by their treaties with the United States. But even are an independent people, baving a political sovereignty this badge of sovereigoty, and without which a people over, and title in fee to, the lands which they claim ; that cannot exist as a nation, was surrendered by the second they are neither subordinate to the United States, por sub- article of the treaty of Holston. Sir, it would have been ject to the jurisdiction of any of the States in wbich they well for gentlemen, before they bad chanted their strains

VOL. VI.-142.

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Removal of the Indians.

(May 24, 1830.


of Cherokee virtue, happiness, sitaplicity, and indepen. States. The readiest mode of exercising these powers dence, to have acquainted themselves with the true posi- was by treaty; and it not being then well understood what tion of that tribe, as fixed by treaties, and with their moral trives, from their scattered condition, were within the condition as a people. And it is not amiss for me now to States, the United States negotiated with them, without a inquire if their violations of the treaties, by the establish- particular reference to this limitation of their powers, and ment of a Government which puts aside their concessions without a certain knowledge of the location of the tribes ; to the United States, have not released the latter from all the exigencies of the States in the war with Great Britaiu, obligation to maintain the guaranty of their territory. I making it essential that their friendship and partiality have no disposition to conceal the fact, that, in the treaties should be secured. But after the war, the common dadwith this tribe, there are expressions which seem to coun- ger no longer menacing the existence of the States, no tenance the assumption that they are an independent peo- sooner did the United States make a treaty with any tribe ple. But when interpreted in connexion with their con- of Indians, than the States began to look into its provisious cessions, their geographical position to the United States to see if they were consistent with the

grant of power to and the State of Georgia, and to Spain, before Louisiana "regulate the trade and manage all affairs with the 10and the Floridas were acquired by us, those expressions diavs not members of any of the States.” The treaty of indicate no more than the caution which our Government Hopewell, with the Cherokees, was at opce, protested used to prevent depredations upon our frontiers by a borde against by North Carolina and Georgia, for its invasion of of savages, and an admission that they should continue to their legislative rigbts. A protest, in such a case, was all live upon their hunting grounds unmolested, and in the that was necessary, especially as the United States did darkness of their own superstitious and savage laws, until, not, by legislation, attempt to enforee those clauses of the by the force of our example and aid, they could throw off treaty which were noxious to the rights of the protesttheir bondage.

ing States. It must be kept in mind that, up to this peWe have heard it relied upon, too, that, in these trea- riod, the United States had made vo guaranty to the ties, the tribes are called valious; and the use of the word, Cherokees of their lands. Thus matters stood between

from its ordinary acceptation, is suited, as the opposition the United States, the States, and the Indians, until after *know, to mislead persons in general as to what was the our present constitution had been ratified by the States. political character of the tribes in the apprehension of the In 1791, the United States made with the Cherokees the United States, when they were treated with. . At first, it treaty of Holston, and, by virtue of a clause in the constiwould imply the concession of a separate and national ex tution, to "regulate commerce with the lodian tribes,” istence. But it does not do so; and that it may not do so, they assume the right “ solemnly to guaranty to the CheI invoke the aid of Robertson, the historian, to put down rokee Dation all their lands not hereby ceded;" and from the interpretation given to the word by William Peon" this guaranty it is argued the Cherokees are indepeuand bis coadjutors in this House and the bistorian's au- dent, having a right of self-government, and free from the thority will at least be considered entitled to an equality of civil jurisdiction of the States. That is, the right of the weight with those who may bave the temerity to set them. United States “to regulate commerce with foreign nations, selves up against him. Io his fourth book, under the bead and arnong the several States, and with the Indian tribes, of the lodiaps being divided into small communities, he is so expansive a' power, that, because commerce may be says: “Iu America, the word uation is not of the same im regulated by treaty, the United States are empowered to port as in other parts of the globe. It is applied to small dissolve, by treaty, all the political relations between the societies, not exceeding, perhaps, two or three hundred States and Indians living in tbeir limits ; to make them ad persons, hut occupying provinces greater than some king independent people, with an ability to form a Goveroment doms in Europe." The succeeding part of the paragraph, and State within the acknowledged limits of other States, in which the philosophic historian denies the ownership of though, by the third section of the fourth artiele of the lands in the Indians, is also recormended to the perusal constitution, it is declared, " no new State sball be formed of such as assert it; and they will take kindly, I trust, my or erected within the juridiction of any other State, mor intimativn that the whole chapter, having some connexion any State be formed by the junctiou of two or more States, with this subject, will interest them.

or parts of States, without the consent of the Legislatures But this question of Cherokee ipdependence and right of the States concerned, as well as of the Congress.". Sir, of self-goverðment, of entire freedom from State jurisdic- so monstrous a concatenation of construction it is only hution, may be resisted by stronger arguments than inferen- mane to strangle in its birth; and I trust it lies dend in all ces from treaties with the United States, wbich, upon a its deformity. full examination of the constitutional efficacy of treaties, If, when the constitution was presented to North Caroand the powers given to the United States to make them, lida and Georgia for ratification, it could have been forewill be found can neither give nor take away any right seen than a direct power to regulate commeree with the of an India. This confederacy consisted, originally, of Indians would have been interpreted to mean the destrucStates deriving their political existence from their joint tion of their jurisdiction over their territories, and involved declaration of independence, and the subsequent acknow- a power in the General Government, by treaty stipulations ledgment, by the definitive treaty of peace, ibat they were with Indian tribes, to disarm those States of the power of free, sovereign, and independent States ; and England, in legislating for them whenever they should be in a condithese remarkable words iu the treaty, relinquishes to tion to enforce their laws, does any one believe that, with them, as individual States, “ all claims to the Government, all the advantages of union in prospect, those States wonld propriety, and territorial rights of the same and every bave become parties to a compact which destroyed the part thereof." Their boundaries were declared in their integrity of their boundaries ! "No, sir : something else charters, or grants; and in the collective declaration in the would have been heard than the protest against the trenty treaty of peace of the boundaries of the United States, of Hopewell; and the jurisdiction of those States over luthose which each State claimed for itself are comprehend- dian within their limits, would have been admitted in ed. Within the boundaries of these States, Indian tribes terms in the constitution. But fortunately for the cause lived, baving hunting grounds reserved for their use, and of the State of Georgia, ber jurisdiction over the Indian of wbich they could not be deprived but by their own banting grounds within her limits has been acknowledged consent, and for a price.

in practice by the United States, and is the foundation of By the articles of confederation, the right to regulate all the rights claimed and exercised by the United States the trade and to mannge all affairs with the lodians pot in Alabama and Mississippi. In the articles of agreement members of any of the States, was given to the United and cession between the United States and the State of

MAY 24, 1830.)

Removal of the Indians.

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Georgia, the State of Georgia cedes, and the United States, besides a price which forbids the hope of reimbursement accept, all the righi, title, and claim," which the said by sale, annuities are demanded, and must be given. In State bas to the jurisdiction and soil of the lands, which proportion as they bave less land, and are told the value were the subject of negotiation;" and the Uuited States the white man places upon his possessions, their demands “cede to the State of Georgia wbatever claim, right, or increase, and every year presents an increasing difficulty title they may have to the jurisdiction or soil of any lands," in the way of negotiating with them. Does it require as set forth in the second article of the convention; and much sagacity to see that, in a few years, this system must which, upon examination, will be found to comprehend be brought to a close, by its own pressure upon our finanthe Cherokee bunting grounds in the State of Georgia. ces; and that then the Indian, crowded upon by the white And, by this same conveutiou, the right and jurisdiction of population, will be abandoned to his fate-to be andibilated the State over Indian lands withiu ber limits, wbich bad as bave been the Mohicans, Oneidas, and Mohawks ? 18 got been ceded to the State or the United States by the not the colonization of the Creeks, Choctaws, Chickasaws, Indians, is admitted, by the confirmation of every actual and Cherokees, better than such a result ! And I call upon survey or settlement, mude under the act of the State of the benevolent feelings of the opposition to vindicate Georgia, entitled “Au act for laying out a district of land, their course to this nation, by telling it wbat plans they situate on the Mississippi, and witbin the bounds of the have in view to preveut so certain a calamity to the obState, into a couuty, to be called Bourbon, passed the 7th jects of their mistaken kindness. day of February, 1785.” I could multiply similar couges There is one other topic upon which, as an American, I sions of jurisdiction of the States over Iudian lands by the fee) bound to say a few words. In this discussion, it bas United States, by reference to the cessions of Virginia, of been more than once said that the Indians bave been an the Northwest Territory, and of North Carolina or Ted- oppressed, aggrieved people; that, from the begioning of dessee; but it is sufficient merely to mention them. their contact with the white man, they bave suffered wrong;

Gentlemen, in speaking of the expense which will at- and that even their moral condition is in part the fruit of tend the removal of the Iudiuns, bave kept out of view our oppression; and I bave heard no one raise bis voice the actual annual expenditure of the Government at this to vindicate the chronicles of our country from such time, for superinteudents, agents, sub-agents, and inter scandal. Where is the proof of it? In what history is it preters, amounting to at least seventy thousand dollars, to be found 1 Or what tradition of their own tells it to the and which will be lessened and entirely got rid of if the world? In what State in this Union was more done than southern tribes shall be colouized. The contingencies for was just puough to guard our people from massacre, and the lodian Department were, in the year 1829, one hun. their settlements from desolation ? From the coming of dred and three thousand tive hundred and eighty-six dol- the pilgrims to the landing of Oglethorpe, every settlelars; for avnuities, two bundred and two thousand five ment, except Virginia, was preceded by purchase, or pehundred and ninety-one dollars ; and for the removal of gotiations for peace; and as often as the war cry was raised lodians, and to carry treaties into effect, three hundred by the savages, our fathers' bearts turned in kindness to and twenty-vine thousand eigbt hundred and fifteen dol- them, before the blood on the tomahawk was dry, and lars were drawn from your treasury. It is time that some whilst the scalps of the infant and mother were green. system bad been adopted to lesseu the expense of our lo- Is our unkindnese to them to be found in tbe early efforts dian relations, or at all events, to prevent an increase of a Maybew and an Elliott, to give to them the blessings The plan of colonization proposed will do much towards of christiavity ? or in the millions expended by the pation checking the evil. As matters now staud, we are menaced to familiarize them to the comforts of civilized life? Sir, with its increase ; for the Indian augments yearly the price I assert, without the fear of contradiction, that our mili. for relinquishing his hunting grouuds, and the incidents of tary avnals are free from any excesses against the Indians, huiding creaties with them, for partial cessions of land, and that we never turned war into desolation, until the are dnily becoming more expensive. But let them be- barbarities of the savage admonished us that there was no come convinced that their colonization to the west of the medium between peace and destruction. Mississippi is the established policy of the Government; Mr. SPENCER, of New York, next took the floor, and that they will be treated with only upou the footing of occupied an hour and a half in a review of the topics inacre for acre; and that land shall be the principal consider troduced into the debate, and in stating bis objections to tiou in the exchange—and this nation will be relieved from the bill. He concluded at eight o'clock, when the call future disbursements of greater waguitude than the cost for the question was loud and general; and no other genof their removal.

tleman rising to address the House, Sir, I invite gentlemen in the opposition to look at our The question wus put on the amendment reported by expenditure, year after year, for holding treaties with In- the Conimittee of the whole to the bill, viz. that, in exediuns for cessions of land, uuder our present system, and cuting the provisions of the bill, the faith of treaties with they will be startled at the sums paid to conimissioners, the lodiaps sball not be violated and concurred ip : yeas, secretaries, interpreters, messengers, bakers, and but-141-pays, 54. chers; for the erection of buildings, council houses, mess Mr. McDUFFIE then rose, god said he was satisfied it houses, kitchens, and cabius; fur corn, beef, pork, and I was the solemn duty of the House to come to a decision sal-uot alone for the subsistence of the lodians and their ou this subject. He was not going into the argument, families while the treaty is in progress, but for their sup- but he wished to say this was a practical question. What. port ou their return home. And then come those bun-ever we may tbink here, [said be) the State of Georgia ureds of contingencies of horses for expresses and their bus assumed an attitude from which she will not sbriok ; riders, stutionery, pipes, tobacco, paint, and ammunition, and if we refuse to exercise the power which we may con: and medical attendauce, with a swarm of et octeras, the stitutionally assume on this question, the guilt of blood Cost of wbich is never koowo until a demand is made for may rest upon uş. I demand the previous question. payment-and the reserve of all these abuses is a beavy Tellers were appointed to count the members, who reitem of goods for distribution to the Indiaus. Sir, if geo-ported pinety-seven for the previous question, and pinety. tlemen will but look into the particulars of the system now eight agaiust it; so it was not seconded, existing, they will see cogent reasons to forward the policy Mr. HEMPHILL tben rose to propose a substitute for of colonization. But a more forcible appeal is made io our the bill, which wus (as nearly as its' substance could be humanity in behalf of the Iudian. Formerly, goods and gathered from the reading of it by the Clerk) to provide elothing were accepted by them for the largest cessions of for the appointment of three commissioners by the Presilauds; or, if money was given the sum was trifling, Now, dent aud Senate, not to be residents of any

of the States

H. OF R.]

Removal of the Indians.

(May 24, 1830.

immediately interested, who should go through the lodian conditiou apd probable number of the Indians who now tribes east of the Mississippi, and ascertain their disposi occupy any part of it. If it is a hunting country, we are tion to emigrate—then to explore the country west of the to presume ibat much of it is inbabited by the western Mississippi, and ascertain the quality and extent of the Indians. We have some partial account, it is true, from country which could be offered to the Indians in exchange agents, but the evidence in relation to the character of the for their lands east of the river, and on what terms they country, and the numbers and condition of the Indians. would make the exchange, dispose of their improvements, there, is equally defective. The origival bill confines the &c, and remove, and report the whole to the President, Indians to be removed, to that part of any territory to to be laid before Congress at its next session; and appro which the Indian title is extinguished, (if there is any expriates thirty tbousand dollars to carry the provisions into tinguished.) The amendment allows of a larger scope. effect.

There may be lavd udjoining, better adapted to Indian Mr. H, said that, at this late period of the debate, he pursuits, and which may be purchased. The Cherokees would not trespass long on the patience of the committee, who bave removed, bave a good country, it is said, but but would abridge what be had intended to say. Sir, (said there is no room for any more Indians tbere. The Creeks he) it is endeavored to place this important question ou wish no more to come among them, and the Choctaws party grounds, but it is too important: it deeply involves have their own boundaries. We are almost entirely igno. both the political and moral character of the country. The rant of the country required for from seventy, to a hun. President bas recommended the measure generally; and dred thousand lvlinds, who are coutemplated to be rethe amendment I bave offered treats that recommendation moved. We do not know what westero tribes may be with the highest possible respect. It proceeds with cau- there, or wbether they may be willing to leave their hunttion, and in the niost respectful manner, to obtain the ue-ing ground penceably. We do pot know what force may cessary information. The President has not more sincere be necessary to protect the removed Indians, for, whether friends in the Uuited States than those of bis party who the numbers be great or small at first, the force to proprefer this amendment to the original bill; and I predict tect them must be the same. The army must be able to that they will be discovered to bave been his most discreet meet the numbers and bostile dispositions of the western friends on this occasion.

Indians, By the original bill, this measure is to be accomplished By the third section of the original bill, the President je with the consent of the Indians. Still we have an import- solemnly to assure the tribe or nation with which the exapt task to perform, and that is, to conviuce the world that change is made, that the United States willforever secure it is not dove upder circumstances which leave them to and guarauty to them, and to their heirs and successors, choice.

the country so exchanged. Wbat is the meaning of this It appears to me that the people of this country are not section as convected with the sixth, which says, that it prepared for this question; they have not 18 yet had au sball be lawful for tbe President to cause such tribe or naopportunity to reflect upon it. We all know that no petition to be protected at their new residence agoivst all intious bave been preseuted to us in favor of the measure. terruptions or disturbance from any other tribe or nation, We know, too, that remoostrances against it from many or any person or persons whatever! Are we to be upder parts of the country are bumerous. The honorable gen- a lasting obligation to take a part is all their wars ? Do tlemau from Georgia (Mr. WILDE] made, as I thought, gentlenieu see the extent and uno-rtainty of the expense an unsuccessful attempt to weaken this state of the crise. in which we are to be involved! lo these regions there He said, if I righily understood biin, that ihe excitement may be many Indiau tribes, and we canuot foresee the frewas partial, aud that the silent speculator's ought to be quency of their wars. I wish to call the attention of the considered as acquiescing ju the proposed measure. This House to ide practical operation of the fourth section of is not the practice of the people of ihis country. An ex- the bill

. By it lodian improvements are to be appraised citement ou one side always puses the other, (if there and paid for, and then to pass iuto the possession of the any other.) The silence, therefore, which is claimed as an United States, and possession shall not afterwards be peracquiescence on this occasion, is rather to be considered mitted to any of the said tribes. In the first section of the as a solemn warning that we ought to act with the greatest bill, the Indians are described as tribes or nations, who caution and circumspective. How does the amendment may choose to exchange lands. From this it would seem which I have had the honor to propose, treat this truly that they are to be negotiated with in their national capacity. importaut questivo! Nit, I will say, with common caue, But the fourth sectiou bas av individual respect. By this but with the bighest possible respect than can be paid to it. che improvements claimed by any individual or individuals Its object is to obtain information before we act. It has can be appraised and purchased. Now, I wish to know been intimated that some of us do not understand the the real meaning of the bill. First, it is designed to treat subject as well as those in the neighborhood of the Indians. with the Indians to gaiu their national capacity ? avd. seThis may be very true, but we have a great desire to condly, if consent is not given by the tribe or nation, is it understand it thoroughly. There are important points intended to go to individuals, and purcbase from A, B, and which ought to be fully and fairly known. The President. C! If this is the intent of the bill,' it ought to be plainly as I observed, has recommended this measure generally stated in the statute book. The fourth section is obscure but, in this recommendation, be has not indicated the aud unsatisfactory. Suppose the United States should mode and manner of carrying it into effect. The substi- purchase many improvements, and give possession to white tute a tempts :

men; would they then bave a right in common with the It proposes to send three disinterested commissioners, Indians to their bunting grounds in Georgia and Ten. to be appointed by the President, by and with the advice pessee the tiile to the relinquished lands would be in those and consent of the Senate, who are to obtain all the infor- lands, while the improvement belong to the United States. matiou deemed necessary. They are to ascertaiu, in the. The substitute which I bave offered is designed to obtain first place, whether the Indians, in their pational capacity, information only, and leaves the removal bill to be drawn as heretofure considered by the United States, are willing up bereafter. I think it will be judicious to bare but one to remove to the west of the Mississippi. If they are set of cominissioners, as they will be enabled to judge of willing to exchange lands for this purpose, the comm the relative state of things on each side of the river. And sioners are next to compare the country wbich they leave, as they are only ta take a general reconnoissar:ce, their reto the country to which they are t, be sent. A koowledge port may be prepared by the next session. A year's de. of a few points is extremely in, portant. The first is a lay caunut be an object in a case so interesting. The description of the country west of the Mississippi, and the commissioners are to inquire into the probable expense

MAY 25, 1830.)

The Marine Corps.

[H. op R.


which will be incurred on both sides of the Mississippi, | absent from indisposition, who could not vote to-night on previous to the removals. It would be inhuman to ex- the bill, and to give him an opportunity to-morrow, moved pose them to the forests or the prairies ; a third or fourth an adjournment, and called for the yeas and pays, which part of their number would be apt to perish. Those who were ordered; and the question being put, the motion was are not in the habit of hunting must have some lands clear- Degatived: yens, 84-pays, 112. ed, and implements of husbandry must be taken.

Tbe previous question was then put, “Shall the main Before we appropriate five buedred thousand dollars, questiori be not put!' and the votes being ninety-nine to and embark in this boundless and expensive project, the pipety-nine, the SPEAKER voted with the yeas, and deinformation required by the substitute is well worth obcided the question in the affirmative. taining. To adopt this course will be pursuing the re So the main question was at last put, “Shall the bill be commendation of the President in the most wise and dig- read a third time?" and was decided in the affirmative by pified manner. It will relieve him from too bigh a re- the following vote : sponsibility. Under the provisions of the original bill, the YEAS-Messrs. Alexander, Allen, Alston, Anderson, expenditure of so large a sum could scarcely be made to Angel, Archer, John S. Barbour, P. P. Barbour, Barnthe satisfaction of the country. It must of necessity be well, Baylor, Bell, James Blair, John Blair, Bockee, Boon, placed in the bands of agents who may use their influence Borst, Bouldin, Brodhead, Brown, Cambreleng, Campbell, to obtain the consent of individuals, and, by so doing, fo. Carson, Chaudler, Claiborne, Clay, Coke, Coleman, Conment divisions among the tribes, and destroy their peace per, Hector Craig, Robert Craig, Crawford, Crocheron, and happiness.

Daniel, Davenport, Warren R. Davis, Desha, De Witt, After information obtained, Congress should take the Drayton, Dwight, Earll, Fiudlay, Ford, Foster, Fry, Gairesponsibility on themselves, and lay down in detail the ther, Gilmore, Gordon, Hall, Hammons, Harvey, Haynes, mode and manner of the removals, and let the President Hiuds, Hoffman, Howard, Hubbard, Isacks, Jennings, R. carry the law into execution. This mode will be most sa- M. Johnson, Cave Johnson, Perkios King, Lamar, Lea, tisfactory to the people, and give them time for reflection. Lecompte, Loyall, Lewis, Lumpkio, Lyon, Magee, MarIt will besides appear in a more aniable light than the ori- tin, Thomas Maxwell, McCoy, McDuffie, Mclutire, Mitginal bill, to the foreign nations whose attention will be chell, Mouell, Nuckolls, Overton, Pettis, Polk, Potter, attracted by this movement. It will conform best with the Powers, Ramsey, Rencher, Roane, Scott, Wm. B. Shepard, pract:ce and principles of Penn, whose memory my native Shields, Speight, Richard Spencer, Sprigg, Stavdifer', State delights to honor.

Sterigere, Wiley Thompson, Trezvant, Tucker, Verplanck, Sir, these are my views of the comparative merits of Wayne, Weeks, C. P. White, Wickliffe, Wild, Yancey.the original bill and the substitute. The state of ancient 102. and modern Indians is too large a field for me at present. NAYS—Messrs. Armstrong. Arnold, Bailey,' Noyes This must be an affair of history. I feel a consciousness Barber, Borringer, Bartley, Bates, Beekman, of my incapacity to give any glowing description of lu- Butman, Caboon, Childs, Chilton, Clark, Cundict, Coodian wrongs. Against the aborigines who once possessed per, Cowles, Crane, Crockett, Creighton, Crowinshield, this fair country, whnt complaivt have we to make! In Jobo Davis, Deberry, Devny, Dickinson, Doddridge, wbat degree are their scalping kvives and tomahawks to Dorsey, Dudley, Duncan, Ellsworth, George Evans, be compared to our instrumeuts of death by which we Josbuă Evans, Edward Everett, Horace Everett

, Finch, bave over hrown their powerful kipgrioms, and reduced Forward, Gorham, Green, Grendell, Hawkins, Hempbill, the whole fabric of their societies, with their kings and Hodges, Hughes, Hunt, Huntivgton, Ibrie, Ingersoll, queens, to their present miserable condition! How little Thomas Irwin, William W. Irvin, Johos, Kendall, Kendid they expect, three hundred years ago, that a race of non, Kincaid, Adam King, Leiper, Letcher, Mullary, human beings would come from beyond the great waters Martivdale, Lewis Maxwell

, McCreery, Mercer, Miller, to destroy them. Their fate, we all know, is now irre- Muhlenberg, Norton, Pearce, Pierson, Randolph, Reed, vocably sealed. Their extermination is certain. Still, as Richardson, Rose, Russel, Aug. H. Shepperil, Semmes, a generous nation, we ought to act towards them with the Sill, Samuel A. Smith, Ambrose Spencer, Stanbery, strictest faimness, and attend to their glimmeriog existence Stephens, Henry R. Storrs, Wm. L. Storrs, Strong, with more than ordinary humanity.

Sutherland, Swapn, Swift, Taliaferro, Taylor, 'Test, Jobp The honorable gentlemen in favor of the original bill, Thomson, Tracy, Vance, Varnum, Vinton, Washington, doubtless entertain the opinion that it is beet calculated to Whittlesey, Edward D. White, Williams, Wingate, Young. promote the happiness of the Indians ; I, bowever, think -97. differently. This is a matter of opinion ; but such are my [The only variation between the last vote and the preconvictions and feelings, that I can never vote for the ori- ceding votes on the previous question, &c. was, that, just ginal bill.

before the final vote, Mr. DICKINSON (who had been The substitute has another decided advantage. It is previously absent from indisposition) came in, and voted most suitable to the present state of the treasury, and may ngainst the third reading-and Messrs. DWIGHT, FORD, leave something for other objecte of importance.

RAMSEY, and SCOTT, who voted ngrivst the previous Mr. THOMPSON, of Georgia, said he had forborne to question, because, ns was understood, it superseded Mr. take up the time of the House in delivering his views at HEMPHILL'S amendment, voted for the third reading, aflarge on the bill, and he was therefore privileged, he ter that ameudment was set aside by the previous question.] thought, in again demanding the previous question. (which would of course put by the ameodment.] Accordingly,

TUESDAY, MAY 25, 1830. Tellers were appointed to count the House, who reported ninety-eight in favor of, and pinety-eight against the


previous question. The SPEAKER voted in the affirmative: The joint resolution reported by Mr. CARSON, from so the motion for the previous question was seconded. the Committee on Naval Affairs, some days ago, proposing

Mr. MILLER, of Pedusylvania, said he could not per- to continue the pay of the officers of the marine corps, as mit the main question to be taken without one more effort it was prior to March, 1829, until the end of the next sesto arrest this measure, He therefore moved to lay the sion of Congress, was taken up-the question being on its bill ou the table, and called for the yeas and pays, which third reading. were ordered ; and, being taken, the notion was negatived : At the sugyestion of Mr. DRAYTON, tbe word subsistyeas, 94-nays 103.

ence was inserted after "pay," and the word allowances Mr. BATES then observed that there was a gentleman' after “emoluments.”

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