Distribution of Surplus Funds.

or, if conferred, is at least of too doubtful character to justify its exercise, the inquiry next occurs, whether the power to make the proposed distribution of the surplus funds among the States, for purposes of internal improvement, has been conferred by the constitution.

[21st CoNG. 2d SESS.

riod called to the subject, in anticipation of an expected The attention of Mr. Jefferson, too, was at an early pesurplus in the Treasury, "not wanted for any existing purpose;" and, in his annual message of December, 1806, On this point the committee would remark, that the ob- to make of it; and, after suggesting as objects to which it he submits to Congress what disposition it might be proper jections stated to the former seem to apply with all their might be beneficially applied, "public education, roads, force to the latter. what the Federal Government does not possess the power ment as it may be thought proper to add to the constituIt requires no argument to prove that rivers, canals, and such other objects of public improveto do directly, it cannot do indirectly. The committee do tional enumeration of federal powers," he adds, "I supnot understand the President, in his several messages, as pose an amendment to the constitution, by consent of the affirming the existence of the power; but, after stating the States, necessary, because the objects now recommended insuperable objections to the present plan, he says, avoid these evils, it appears to me that the most safe, just, to which it permits the public moneys to be applied." To "To are not among those enumerated in the constitution, and and federal disposition which could be made of the surplus dispose of the surplus, therefore, in any mode, for those revenue, would be its apportionment among the several objects, he supposed an amendment of the constitution States, according to their ratio of representation; and, necessary. should this measure not be found warranted by the constitution, that it would be expedient to propose to the States vested in Congress by the constitution, the inquiry may If the power to make the proposed distribution be now an amendment authorizing it. source of power, in cases of real doubt, and when its exer- is to enforce the faithful application of the funds when disI regard an appeal to the well be made, how the Government of the United States cise is deemed indispensable to the general welfare, as tributed to the States. among the most sacred of all our obligations. Upon this quota in the general dividend, and chooses to put it into country, more than any other, has, in the providence of her State treasury, and to apply it, not to objects of imA State, for instance, receives her Gol, been cast the special guardianship of the great prin provement within her limits, as intended by Congress, but ciple of adherence to written constitutions. If it fail here, to the support of her own Government. all hope in regard to it will be extinguished. That this forced to do so? She cannot be arraigned at the bar of was intended to be a government of limited and specific, the Federal Government, and tried and punished for her How is she to be and not general powers, must be admitted by all; and it is default. Is her quota for the future to be withheld from our duty to preserve for it the character intended by its her, and given to others? That would be unjust; for a framers. If experience points out the necessity of an en- proportion of the federal taxes, from which the surplus largement of these powers, let us apply for it to those for has been derived, has been paid by her citizens. How, whose benefit it is to be exercised, and not undermine the then, is she to be coerced to apply the money as directed whole system by a resort to overstrained constructions." If, then, it were even matter of doubt, we should rather unless the party upon whom the obligation is imposed shall by Congress? A law without a sanction is a dead letter, seek an enlargement of the power in the constitutional voluntarily perform it. Without such sanction, on the one mode than assume its exercise without it. The committee hand, the object of the Government of the United States are, therefore, of opinion, that the proposed distribution of in making the distribution would be dependent on the the surplus, should it hereafter be the policy of the Go- separate will of each State; and, on the other, it would vernment to adopt that plan, must be authorized by an behove the States to consider how far such sanction, if asamendment of the constitution. committee are not without authority. On this point, too, the sumed without a previous amendment of the constitution, rejected by Mr. Madison as unconstitutional, on the 3d of weaken the separate and independent sovereignties of the The Bonus Bill, with proper limitations and guards, might destroy or March, 1817, was, in many respects, analogous in its pro-States. These, among other difficulties inseparably convisions to the proposition now under consideration. That nected with the subject, are merely stated by the commitbill appropriated, set apart, and pledged a fixed sum an- tee for consideration and reflection, should Congress unnually, being the Government bank bonus, and the divi- dertake, without a previous amendment of the constitution, dends on the Government stock in the Bank of the United to adjust this most difficult and vexatious question. States, for purposes of internal improvement. By the provisions of that bill, this annual sum, thus appropriated er, under the constitution, to distribute the common funds If the Government of the United States possess the powand set apart, was to be apportioned and divided, as it of the Union in the manner proposed at all, it must possess annually accrued, among the several States, in the ratio it to the most unlimited extent. of their representation in Congress, to be applied, with means of impost duties and excises, first collect from the the assent of each State, by the Federal Government, to people an amount limited only by their discretion, and next If Congress may, by objects of improvement within each State. plan is to distribute the annual surplus for the same pur- control over the States in its expenditure, each State may, The proposed divide it out again among the States, without any power or poses, and in the same ratio, but to be applied by the if it chooses, repeal its internal taxes, and apply its diviStates. The difference between the two plans consists dend to the support of its own State Government. The simply in the agent to be employed in the application of General Government would thus become the mere agent The former required the permission of the or tax-gatherer of the States, to collect the State revenue, State within whose limits the improvement was to be made, and, as must happen, in unequal proportions, from the to authorize the United States to apply it; the latter pro- whole people in the Union, to be applied to the support poses to give the money to the States, to be applied by of the State Governments. them, each within its own limits. So far as the constitu-stitution, was any such agency necessary, or was any such At the formation of the contion is supposed to confer the power to do either the one intended to be conferred? In looking to the causes which or the other, it is difficult to perceive the difference, and led to the adoption of the present constitution, it was never none, in fact, is believed to exist. Assuming that Mr. heard of as one, that the States had any difficulty, under Madison was right in putting his veto on the Bonus Bill, the articles of confederation, in collecting the necessary the committee conceive that they are sustained by the revenue for the support of their respective State Governweight of his high authority in denying to the Federal Go-ments. vernment the power in question, and that it cannot be nience complained of, and intended to be remedied or proThat constituted no part of the evil or inconvesafely exercised without a previous amendment of the con-vided for by the new constitution. Nor did the States stitution. intend to confer upon the new Government which they

the money.

VOL. VIL.--M

were about to create a power to collect revenue for any 2d. It tends inevitably to corruption-to what, in comsuch purpose. That was a part of their inherent sove- mon parlance, is understood by political "log-rolling," reignty, which they chose to retain; and, had they parted and to a wasteful and improvident expenditure of the with it, they would have been reduced to a state of depend- public money. Combinations of sectional and local interence on the new Government, wholly subordinate to it, ests will be formed, strong enough to carry through and utterly incompatible with the idea of their reserved Congress every proposition for improvement, whether sovereignty, which it cannot be seriously urged by any was useful or not, whether local or national in its character, intended. Yet, give to the Federal Government an unli- and without regard to the general interests of the whole. mited power to collect money by taxes on the people, and 3d. If it be attempted to confine the action of the Goan unlimited power to disburse it by distribution among vernment to works of a national and not local characterthe States, without any power over its application when a distinction, the disregard of which "would of necessity disbursed, and this will be the practical operation. And lead to the subversion of the federal system”—yet, in the if this be the practical operation, it is difficult to conceive language of the President, by whom this distinction is what more is wanted to make the Government of the referred to, "that even this is an unsafe ong, arbitrary in Union one of consolidated power. The power "to lay its nature, and liable, consequently, to great abuses, is too and collect taxes, duties, imposts, and excises," was con- obvious to require the confirmation of experience." To ferred, not for the purpose of raising money, that it might this it may be added, that endless and vexatious disputes be given back again to the States, either for the purpose would arise in Congress, and between Congress and the of supporting the State Governments, or for any other Executive, in determining what is national and what is purpose, but for great national and general purposes, enu- local. Each branch must, of consequence, act upon its merated and limited by the constitution itself. It was own arbitrary opinion. One Congress may commence a granted to the Federal Government, because it was abso-work as national, and a succeeding Congress may think it lutely necessary to the continued existence and successful local, and withhold the appropriation to complete it. So, operation of the new Government itself. It was granted, one President may give his sanction to a particular meafirst, to render the taxes, duties, imposts, and excises, sure as national, and his successor, considering it as local, which might be imposed, and their collection, uniform in may withhold his approval. There is no criterion or all the States, and thereby to remedy the evil and incon- fixed rule by which the question can be settled or satisvenience, not to say injustice, of the countervailing regu-factorily determined.

lations, which, before that time, were frequently resorted 4th. It disturbs and destroys that harmony which should to by the States, as against foreign nations, and against ever prevail in our legislative councils. each other; and, secondly, to enable the new Government to provide for its own necessary support, and to pay the debts, without being dependent on the tardy and uncertain contribution of the quotas before that time required to be furnished by the States.

5th. If the system continues on the present plan, the representatives of the people, instead of acting for the general interests of the whole, are to be engaged in a disreputable scramble for the public money, each acting with a view solely to the sectional and local interests of his immediate constituents.

The committee have now presented to the House the opinions which they entertain, as well as the reasons and 6th. A necessary consequence of the objections stated authorities on which those opinions rest, in regard to the will be unequal and unjust appropriations of the public question of constitutional power, which they have regard-money, even in those sections of the Union whose repreed as the paramount question involved in the examination sentatives may advocate the policy. Is it just, for inof the subject referred to them. If the House shall not stance, that New York, Pennsylvania, and other States, concur with them in opinion, but shall believe that the who have already taxed their own citizens to make their power has been conferred upon the Federal Government own internal improvements, should now be required to to engage in a system of internal improvement in either submit to the collection of additional taxes, levied on their of the three modes first above specified, constituting the citizens by the Federal Government, to make improvepresent plan, then the following may be stated as some of ments in other States? The inequality, is, however, more the objections to the expediency of prosecuting such a strikingly illustrated, when we look to those sections of system in either of those modes, which, it is believed, the Union whose representatives either doubt the existwould not apply to the plan of distribution of the surplus ence of the power, or think it inexpedient to exercise it; funds among the States, should the House be of opinion, who cannot, consistently with their opinions, engage in also, that the power has been conferred, or that it would the general scramble for their share, and whose constitube expedient hereafter, by a suitable amendment of the ents, therefore, who equally contribute to supply the trea constitution, with proper limitations and guards, to con-sury with money, do not participate in the appropriations for these objects. Thus, a very large portion of the

fer it.

1st. Owing to an unavoidable difference of opinion, ex- Union, in numbers and in geographical extent, which tensively prevailing both in and out of Congress, in regard contributes at least its equal proportion of the taxes for to the present plan, our past experience has shown that the support of Government and the payment of the debt, one section of the Union has been found arrayed against are compelled to see the national treasure, instead of beanother: State has been opposed to State; and, by looking applied to the legitimate objects for which it was ing to the votes in Congress upon all appropriations for raised, unequally disbursed, and often improvidently improvement, in whatever shape proposed, they will be squandered on objects of mere local improvement, no found to be strongly marked by geographical boundaries. portion of which ever returns to large sections of country, The people of different sections of the Union are thus whose inhabitants have been taxed to pay it. made to regard each other rather as domestic enemies and rivals in interest, than as members of the same common Government, possessing a common interest. Prejudices are engendered, and sectional feelings excited, calculated to produce the most deleterious and fatal effects upon the harmony of our Union, and against which our first venerated Chief Magistrate, drawing upon the fund of his ample experience, and speaking from his extensive observation and intimate practical knowledge of our political condition, warned us.

The distribution of the surplus which may at any time remain in the treasury, among the States, in some fixed, rateable, and equitable proportion, it is believed, would be exempt from these objections; and to this extent, if it be the future policy of the Government to prosecute works of this kind, it would be the preferable mode.

The objections which have been made to the plan of distribution, and the answers to them, as stated by the President, have received the attentive consideration of the committee, and they come to the conclusion that "the

nature of the subject does not admit of a plan wholly free of opinion, further, "that the resources of the nation, befrom objection." yond those required for the immediate and necessary purThe committee do not understand the President as re-poses of the Government, can no where be so well decommending the creation of a surplus for the purpose of posited as in the pockets of the people." Ours was intended distributing it out again among the people or the States; to be a plain and a cheap Government, not a splendid or but they understand the recommendation to proceed upon expensive one; not one imposing unnecessary burthens on the idea that it may not be possible, in reference to other its citizens. great interests in the country, so to adjust our system of But it is only in the event that, after the payment of the revenue, until a remote period, as not to leave a surplus in debt, there shall be found in the Treasury an accumulatthe Treasury over the current demand; and, in that event, ing annual surplus over and above the current expenses, the proposition to provide in time for its distribution, by which the Government know not how otherwise to dispose constitutional amendment, (if amendment be deemed ne- of, that the question arises, what is to be done with it? cessary,) although admitted to be attended with many dif- The complaint in most Governments is, that the rulers canficulties, is submitted by him for the "discussion and dis- not wring from their subjects money enough, and are compassionate consideration" of Congress, as a plan preferable pelled to resort to loans. In this, we shall have paid off to any of those heretofore attempted to be practised on. the debt, and, in the case supposed, will have drawn from The committee can readily perceive the difficulty, and the people more money than we have any use for, for conindeed impossibility, of devising any system of revenue, stitutional purposes; and the question of difficulty with us whether levied in the shape of direct or indirect taxes on will be, in what manner we shall dispose of it. The obthe people, that shall make the receipts into the Treasury, vious answer, it seems to the committee, is, to reduce the for any given period of time, precisely equal to the ex- taxes to the standard of the demands of the Government penditures. Our revenue is at present collected in the for all its constitutional purposes, and leave what would shape of indirect taxes on the people, by duties on im- otherwise be surplus in the pockets of the people. That ports, and by the sales of the public lands--the amount of this may be safely done, without prejudice to any other ther of which for a given period cannot be foreseen or great interest of such paramount importance as to require known. The safety of the Government, and the public that the whole people of the Union should be taxed becredit, may at all times require a small annual excess of re-yond the amount required for the support of Government, ceipts over the current expenditures, to meet exigencies, they do not hesitate to believe. public defalcations, and unforeseen contingencies. But After the debt shall have been paid, that a reduction of though this must be the case, it is believed that there is the taxes should be made, and, the committee believe, nothing to justify the imposition of an additional, and per- may be safely made, to the amount of the sinking fund at haps onerous, tax on the people, not wanted for the ordi- present applicable to the payment of the debt; and, in that nary and useful or necessary purposes of the Government event, there being no surplus in the Treasury, the necesin its ordinary functions, but for the purpose avowed at sity may not occur for devising a plan for its disbursement the time of levying the tax, of creating a surplus fund to and distribution. That such a reduction of the taxes as be divided out again among the people or the States. shall be equivalent to the amount now annually applied to Nor do the committee so understand the Executive recom-the payment of the debt may be made, without injuriously mendation. That no such surplus fund should be collect-affecting any of the great interests of the country now proed from the people, to be divided out again among the tected, and to the great relief of all those who have herepeople, is evident from the consideration alone, that the tofore borne the chief burthens of the debt, is not doubted. expenses of collection and disbursement must be paid; and The annual sinking fund now applicable to the payment to that extent the substance of the people is drawn from of the public debt, is ten millions of dollars, and such furthem, and, in the end, they receive, in the distribution, after ther sum as may at any time remain unappropriated in the having been deprived of the use of it for a time, nothing Treasury. This large amount, beyond the sum required more than their own money, diminished in amount. This to defray the ordinary expenses of the Government, has would be the case upon the supposition that the taxes been heretofore cheerfully paid by the people, because it were contributed equally by the people of each State, as- was "thought to be necessary to the support of Governcertained on the basis of representation, which, in the very ment, and the payment of the debts unavoidably incurnature of things, cannot possibly happen in a Government red in the acquisition and maintenance of our national like ours, embracing within its limits such a variety of rights and liberties." But when the debts are paid, and climate, population, and productions, and giving rise to the necessity for the continuance of the taxes to this such a variety of pursuits in its different parts. But whe- amount will no longer exist, will not the people demand, ther the taxes be levied equally or unequally on the peo- and will they not have a right to demand, at the hands of ple, the committee have no hesitation in giving it as their their representatives, a reduction of their taxes to that opinion, that, after the public debt shall have been paid off, amount? The character of the American people is greatno more money should be drawn into the Treasury from ly mistaken, or they will make that demand. Not to do the people than shall be necessary for the proper and le- it, would be to consent to be unnecessarily taxed, for the gitimate administration of the Government. They fully collection of money into the Treasury, to be scrambled for accord with the President in the sentiment expressed in by their representatives, or to be a "bone of contention," his message of the 27th of May last, returning, with his distracting our deliberations, and marring the harmony of reasons for its rejection, the Maysville road bill, to the the Union. That this reduction may be made without inHouse of Representatives, that, however important im- juriously affecting any of the great interests of the counprovements are admitted to be, they are not the only ob- try now protected, the committee believe may be satisfacjects "which demand the fostering care of the Government. torily demonstrated. It is stated in the report of the SeThe preservation and success of the republican principle cretary of the Treasury, at the commencement of the last rest with us. To elevate its character, and extend its in- session of Congress, that the amount of duties paid influence, rank among our most important duties; and the to the Treasury for the preceding year, (1828,) on articles best means to accomplish these desirable objects are not produced, or but partially produced, in the United those which will rivet the attachment of our citizens States, was $7,550,842 13. A total repeal of these, to the Government of their choice, by the comparative should this be deemed advisable, would certainly operate lightness of their public burthens, and by the attraction to the advantage of all interests, agricultural, commercial, which the superior success of its operations will present and manufacturing. If this be done, and a reduction be to the admiration and respect of the world." They are made of the taxes which have heretofore "borne severely

upon the laboring and less prosperous classes of the community, being imposed on the necessaries of life," the amount of reduction would be equal to the sinking fund, and, as the committee conceive, could operate no injury to any interest, but, on the contrary, be decidedly "advantage

ous to all.

enlistment, the privations peculiar to it, or selections made of suitable men now in the army. These troops ought to subsist themselves, which they could do wILL convenience so soon as the officers become acquainted with the country in which they would have to operate. In addition to the rifle, one-half of the command shoul If, in the contingency, this should not be the case, and be armed with sabres. Four pieces of light artillery there should remain a surplus in the treasury to be dis- would be found convenient and useful. The patent rifle posed of, they concur in the opinion, that the present which I examined in your office appears in one particular plan of prosecuting works of internal improvement is the to be well calculated for this service, inasmuch as it can "worst that could exist;" and if it shall be the future be conveniently and quickly charged on horseback; but I policy of the Government to employ any portion of its have been heretofore prejudiced against this description funds in works of this character, in any mode, the plan of of guns, believing that they were subject, by use, to get distribution is, in their opinion, decidedly preferable to out of order, and could not be repaired without much it. That plan, whatever it may be, they have said they difficulty. Putting, therefore, these guns out of the ques believed must be by an amendment of the constitution. tion, of the utility of which I know but little, I would They do not deem it necessary, however, thus far in ad- recommend a rifle, the barrel of which should not exceed vance of the period when the national debt, by the observ-three feet in length, carrying a ball weighing about threeance of the most rigid economy, can be paid, to recom-fourths of an ounce, and having metal sufficient to support mend to the House any plan of amendment. As by the a ball of that size. I have used the percussion locks but constitution the power to propose amendments is pos- little, but believe them admirably well constructed for sessed by the States as well as by Congress, they have general use, but more particularly for the prairies, where thought it preferable simply to present their views on the severe winds and rains prevail at certain seasons of the whole subject, and submit it to the consideration of the year. Great convenience would be experienced by having States, (if, in their opinion, proper to do so,) to propose every gun of the same dimensions, every spring, screw, such amendments to the constitution, consistently with &c. of the locks, of the same size and form. This being their respective sovereignties, vesting in the Government the case, every material of one would fit, and might be of the United States such additional powers as they may used in any one. The gun stick, or thimble rod, ought to deem it wise and safe to confer upon it. As any such be of large size, and of wood; iron sometimes batters the amendment would divest the States of a portion of their muzzle, and makes the gun shoot wild. The only differpresent power, and confer it upon the Government of the ence should be in the length of the breech: some should, Union, there would seem to be a peculiar fitness that the in this particular, be longer than others, to suit the arms proposition should originate with the parties who are of those who use them. In their weight, and in every about to surrender up a part of their powers. Doubtless, other particular except the breech, they ought to be the if any plan can be devised which shall preserve the balance same. In that case, when a man became accustomed to of power between the respective State and Federal Gov- the use of one, he could, with the same convenience, use ernments, and which shall promise to operate for the any one of them. The sabre will be found useful, and general advantage of the whole Union, a constitutional almost indispensable, in operations against Indians mountmajority of the States will adopt it as a part of the consti-ed on horseback, and armed with bows and arrows, which tution. The committee are of opinion, that, in a Govern- they use with great dexterity and effect. The Indians in ment like ours, it is at all times safe, and certainly wise, the vicinity of the Rocky Mountains are very much in the in all cases of a questionable or doubtful power, to apply habit of fortifying some strong point convenient to where to the people, the only true source of power, to explain, they intend attacking their enemy, by the way of covering enlarge, or restrict it. And they are willing to believe their retreat, if unsuccessful, and fearing pursuit. They that there is no State in the Union that would not prefer use the same precaution when encamped, whenever they such a resort to the opinion of her sister States, upon a apprchend danger. When covered in this way, they fight It is in cases of great question of constitutional doubt, to an assumption desperately before they can be ousted. of the contested power on the part of the Federal Gov- this kind, as well as in many others, that artillery would be ernment, however much such assumption might be cal- found convenient. culated to promote her immediate and local interests.

With these views, the committee submit the subject referred to them to the further consideration of the House, and of the States, not doubting that it will elicit all that deliberate consideration which its paramount importance, in all its bearings, demands.

COLUMBIA RIVER.

Letter from General Ashley to the Secretary of War. WASHINGTON CITY, March, 1829. SIR: You request me to communicate to you, by letter, my opinion, as it regards a military force best calculated for the protection of our Western frontier, the fur trade, and our trade and intercourse direct from Missouri and Arkansas to the Mexican provinces, &c.

In answer to your first inquiry, I will remark, that my ideas on this subject were communicated to a part of the representation in Congress from Missouri three years ago. I then did, and do yet, believe, that a mounted force is the only one that can operate advantageously in that country. This force ought, in my opinion, to consist of about five hundred mounted riflemen, who should be enlisted expressly for that service, anticipating, at the time of

Five hundred troops, armed and equipped as proposed, would, in my opinion, be sufficient to contend against any Indian force that could be conveniently brought against them; a much less number might be in danger of defeat, provided the Indians generally should be disposed to war against us. It seems to me that, if the Government undertake to protect the frontiers and trade in question, it ought to be done effectually. No half-way measures should be adopted; show a sufficient force in the country to put down all opposition, and all opposition will cease without shedding of blood. But show an incompetent force, which may tempt the Indians to attack and defeat it, and the result will not only be the loss of many lives and extreme mortification, but the expenditure of money to reach the object in view more than perhaps five or ten times the amount which will be necessary, should the Government pursue the proper course in the first instance. The protection to be afforded should be extended as equally as practicable to all our citizens engaged in the trade of that country, whether to Santa Fe or with the Indians. And as it cannot be expected that every caravan will be furnished an escort, let its destination be where it may, the force ought, therefore, to be sufficient to overawe the Indians, and thereby render escorts unnecessary.

It seems to me that economy of lives and money dictates ern boundary of that portion of our territory. This whole this course. To operate against the Indians who have region of country abounds in buffalo and other game. heretofore committed outrages upon our Santa Fe traders, Any one acquainted with the range of these animals may, one hundred men would be all-sufficient; but it is reason- if they do not find them at the spot where they wish to ble to suppose that the success of the offenders on this use them, procure them not far off. They are so numerous route will induce others to join them. that it appears to me that their numbers would increase annually, even were the consumption of them twice or thrice what it now is.

us.

On the

Let us consider the force of the Indians in that quarter who are now recognised as our enemies; those who have taken a menacing attitude, and those who are, or pretend By the foregoing statement, I have endeavored to give to be, friendly, but who may be brought to action against you my opinion of the force, situation, and disposition of In this way it may be better seen whether protection the several bands of Indians from whom we may expect is necessary, and what that protection ought to be. The the greatest immediate danger, and also their means of Indians south of the Arkansas river I know but little about; subsistence in the country where their operations against they are very troublesome to the Spanish settlements, and us will be carried on. I will now enumerate the bands are considered dangerous in that quarter. They are with whom we have friendly intercourse, but whose charged with participating in the recent depredations on friendship, as I have before observed, is, in my opinion, the Santa Fe route; but I am of opinion that the principal very precarious. The several tribes, as far as we have actors in these outrages, and perhaps the only ones, were extended our acquaintance west of the Rocky Mountains, the Arapahoes and the Keawas. These people reside on can, I presume, muster from six to eight thousand warthe head waters of the Arkansas, between the 'Santa Fe riors. They are located in different sections of that counroad and the mountains. They extend their excursions try, where our principal fur trade is carried on. to the head waters of the Platte, and across the mountains Missouri, above the mouth of the Platte, we have the to the Rio Colorado of the west. They can muster about Mahaws, who can furnish about four hundred warriors; five hundred warriors, and are tolerably well supplied the Pancaes, two hundred and fifty warriors; the several with arms and ammunition. From many circumstances bands of Sioux, two thousand five hundred warriors; the within my own knowledge, in relation to the conduct of Shawnees, four hundred; the Arickaras, six hundred; the these people, and from accounts received from some of the Mandans and Menatarees, seven hundred; the Crows, Santa Fe traders who were robbed last fall, I feel assured eight hundred. On the western boundary of the State of that these tribes of Indians have been the offenders. They Missouri, the Osages, I suppose, can furnish one thousand are the particular friends and relatives of the Blackfoots, warriors; the loways, two hundred and fifty; the Kanzas, who reside on the head waters of the Missouri, and who about four hundred; and the several tribes, or parts of are our most bitter enemies. These tribes keep up a tribes, recently located there by the General Government, constant intercourse with each other. In August, 1825, perhaps from six hundred to one thousand warriors. I, seven hundred families of the Blackfoots visited the Ara- however, know but little about these last mentioned Inpahoes, and remained with or near them until the ensuing dians: their numbers may be greater or less than I have summer. The Blackfoots have altogether among their mentioned. Agrecably to this estimate, which I feel asseveral bands from four to six thousand warriors at least.sured will not differ in any great degree from the exact In the course of the last eighteen months, these people number, the whole of the tribes with whom we have inhave repeatedly extended their war excursions entirely tercourse within the limits of the United States, and west across our territory west of the Rocky Mountains, and of the State of Missouri, can furnish about twenty-two harassed, robbed, and slaughtered our citizens. They thousand warriors, from three to four thousand of whom can, at any time, conveniently reinforce the Arapahoes are located immediately upon the western border of Miswith one or two thousand warriors. They are well armed souri, and within four or five days' march thereof; twelve and supplied with ammunition by the Hudson's Bay Com- or fifteen hundred of the number, the Pawnces, are now pany. Major Doherty, United States' Indian agent, has threatening us with war; several hundred others of this given it as his opinion that the Pawnees, who are included number, the late emigrants, were, a short time since, (inin his agency, have determined to wage war against us. stigated by the British Government,) slaughtering our The character of Major D., his means of information, and citizens upon our Northern frontier, and continued to do his knowledge of the Indian character, entitle his opinion so as long as that Government desired it. They had no to the greatest credit. I know, too, that the Pawnees good cause for their hostility. They lived within the have been dissatisfied, and have repeatedly threatened us limits of the territory of the United States, from which with war. I was once with that nation more than a month they could not retreat without the support of the British, at the same time, when they were very much excited. I and they well knew that when that Government ceased to heard their threats, and plans to execute them. Notwith- provide for them, they would again be dependent upon standing all these circumstances, I am inclined to believe the United States for territory on which they could subthat they are not yet prepared, and will not, therefore, yet sist themselves. Notwithstanding all these circumstances, commence hostilities. They want to feel their way, and calculated to induce them to cultivate our friendship, or see what will be the result of the recent depredations at least to observe a neutral course, at the first suggestion committed on the Santa Fe route. Should these occur- of the British, they raised the tomahawk against us. What rences pass unnoticed, and nothing should be done to faith can be placed on the friendship of these people? They check them, we may anticipate a war with the Pawnees well know that they may at any time repeat their depredaat some period not far distant. When they come to that tions upon us with impunity; that, should the United States determination, they will remove (for they have nothing to provide the means to punish them, they can sue for peace at bind them to their villages, where they now reside a part any time, with a certainty of obtaining it, and of being reof each year) to the head waters of the South Branch of stored to their former homes and privileges. Under such the river Platte, and there operate with the Arapahoes, circumstances, what have they to fear from repeating Keawas, and Blackfoots. These several nations can mus- their outrages upon us? And how different is the situa ter altogether seven thousand warriors, four thousand of tion of these Indians now from what it was upon our whom would be sufficient to take care of their women Northern frontier before the late war. Located upon our and children, while the balance of them go to war. They Western frontier, where in their rear they have a wildercan subsist themselves altogether, convenient to almost ness of fifteen hundred miles in extent, peculiarly adapted any one point, from the twenty-fifth to the thirty-eighth to the use of Indians, the greater portion of it literally degree of longitude, and from the northern to the south-covered with buffalo and other game, strongly fortified by