MAY 24, 1830.] Removal of the Indians. [H. of R. the many controversies we have had, she has been mis- live; that they have the right to form a Government, which judged in the commencement, the State has never claimed shall act not only upon themselves, but upon citizens of a political or territorial right which has not been con- the United States who may transgress its laws; and that ceded; and time has uniformly given to her the vantage they have the ability to establish such relations between ground of vindication in the contention. 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 independence is plain and numerous, as well historical as political, it be- based upon treaties with the United States; and those of comes necessary 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 those to the Cherokee nation 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 Indian indepen- them, that the Cherokees, by their own concessions 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 conselands whatever, "which, not having been ceded or pur-quence, that they are not an independent people, and can chased, were reserved to the Indians." And, in support have no attribute of a nation. The sixth article of the 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 take refuge in their nation, for robbery, murder, or States are cited as evidence. Now, sir, it unfortunately other capital crime, on any citizen of the United States; happens, for those who have such faith in the royal ordi- and binds them to deliver the offender, to be punished nance of 1763, that it asserts dominion over the Indians in according to her laws. And, 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 pancy of their "hunting grounds." "Whereas it is just States, who shall commit either of the offences just named and reasonable, and essential to our interest and the secu- upon an Indian. By the ninth article, the United States rity of our colonies, that the several nations or tribes of have the exclusive right of regulating the trade with the Indians with whom we are connected, and who live under Indians, and of managing all their affairs in such manner our protection, should not be molested or disturbed in the as they think proper. The same power is in the United possession of such parts of our dominions and territories States by the sixth article of the treaty of Holston; and by as, not having been ceded to or purchased by us, are re- the tenth and eleventh articles of the same treaty, the served to them, or any of them, as their hunting 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 jurisdiction, and it is followed by a command to one to punish its own 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 any one of his Majesty's liege subjects in the colonies had 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 his doctrine, his career articles, and so to continue; and the sixth article of the would soon have been stopped by a visit from the King's first treaty of Tellico is a repetition of the guaranty to the attorney, in the form of an information, to answer for sedi- Cherokees of the remainder of their country forever. Is it tion--if he had not, in the loyalty of the provinces, been consistent, then, with such powers as are conceded by the made to share, in a more summary manner, the fate of treaties of Hopewell and Holston to the United States, that Roger Williams. Banishment, sir, would have been a ten- the Cherokees shall form a Government, virtually excludder mercy for such political heresy. In the succeeding ing the operation of any action of the United States upon paragraph of the "royal ordinance" to that which has Cherokee concerns?-a Government which legislates for just been cited, forbidding settlements upon Indian hunt- the punishment, by their own courts, of the refugees and ing grounds, the King declares it "to be our royal will criminals whom, by treaty, they are bound to surrender, and pleasure, for the present, to reserve under our sove- to be punished according to the laws of the United States, reign protection and dominion, for the use of the said In- the only instance in which they are permitted to punish a dians, all the lands and territories not included within the citizen being where persons intrude upon their lands withlimits of our said three new Governments." Such, sir, is out their consent: a Government which taxes the licensed the support given to Indian independence by the procla- trader, and forces a revenue from the vender of merchanmation of 1763; and, with this plain assertion of sovereign- dise, when the sole and exclusive right to regulate their ty by the King, I am warranted in supposing that gentle- trade is in the United States; which inflicts the scourge men could never have arrayed it in support of their cause, upon the backs of your people, regardless of their cries if, in their haste to defeat the bill under consideration, they that they are American citizens, and of the remonstrances had not overlooked the contents of this “royal ordinance" of your agent, who, by treaty, lives among them to proand corner-stone of Indian independence. But the strong tect them from abuse, and our own people from that ground upon which Indian independence, and that of the Cherokees particularly, is placed, are the treaties existing between the United States and those tribes, entered into before and since the adoption of the present constitution. I shall take up the gauntlet which has been thrown down by the opposition in behalf of Cherokee independence, and If the Cherokees have a right to establish an indepenam willing to make the treaty stipulations between that dent Government, they are disunited from the United 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 foreign 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, having a political sovereignty this badge of sovereignty, and without which a peoplę 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, nor sub- article of the treaty of Holston. Sir, it would have been ject to the jurisdiction of any of the States in which they well for gentlemen, before they had chanted their strains VOL. VI.-112 cruelty which, in the face of our institutions, permits polygamy as a fit indulgence for their chiefs and rulers, and twists a halter around the neck of every Indian who dares to enrol his name as an emigrant, or who attempts to persuade others to become so. H. of R.] Removal of the Indians. [MAY 24, 1830. of Cherokee virtue, happiness, simplicity, 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 tribes, 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 Britain, 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 danwith 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 provisions 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 Inand the Floridas were acquired by us, those expressions dians 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 once protested used to prevent depredations upon our frontiers by a horde against by North Carolina and Georgia, for its invasion of of savages, and an admission that they should continue to their legislative rights. 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 enforce 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 protest their bondage. ing States. It must be kept in mind that, up to this pe We have heard it relied upon, too, that, in these trea-riod, the United States had made no guaranty to the ties, the tribes are called nations; 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 Indian 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 nation all their lands not hereby ceded;" and from the interpretation given to the word by “William Penn" this guaranty it is argued the Cherokees are indepenand his coadjutors in this House--and the historian'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 have the temerity to set them- United States "to regulate commerce with foreign nations, selves up against him. In his fourth book, under the head and among the several States, and with the Indian tribes," of the Indians being divided into small communities, he is so expansive a power, that, because commerce may be says: "In America, the word nation 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 their limits; to make them an persons, but occupying provinces greater than some king-independent people, with an ability to form a Government 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 article of the lands in the Indians, is also recommended to the perusal constitution, it is declared, "no new State shall be formed of such as assert it; and they will take kindly, I trust, my or erected within the jurisdiction of any other State, nor intimation that the whole chapter, having some connex- any State be formed by the junction of two or more States, ion with this subject, will interest them. or parts of States, without the consent of the Legislatures But this question of Cherokee independence and right of the States concerned, as well as of the Congress." Sir, of self-government, 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 dead in all ces from treaties with the United States, which, upon a full its deformity. examination of the constitutional efficacy of treaties, and If, when the constitution was presented to North Carothe powers given to the United States to make them, will lina and Georgia for ratification, it could have been forebe found can neither give nor take away any right of an seen that a direct power to regulate commerce with the Indian. This confederacy consisted, originally, of States Indians would have been interpreted to mean the destrucderiving their political existence from their joint declara- tion of their jurisdiction over their territories, and involved tion of independence, and the subsequent acknowledg-a power in the General Government, by treaty stipulations ment, by the definitive treaty of peace, that they were free, with Indian tribes, to disarm those States of the power of sovereign, and independent States; and England, in these legislating for them whenever they should be in a condiremarkable words in the treaty, relinquishes to them, as tion to enforce their laws, does any one believe that, with individual States, "all claims to the Government, proprie- all the advantages of union in prospect, those States would ty, and territorial rights of the same and every part there- have become parties to a compact which destroyed the of." Their boundaries were declared in their charters, integrity of their boundaries? No, sir: something else or grants; and in the collective declaration in the treaty of would have been heard than the protest against the treaty peace of the boundaries of the United States, those which of Hopewell; and the jurisdiction of those States over Incach State claimed for itself are comprehended. Within dians within their limits, would have been admitted in the boundaries of these States, Indian tribes lived, having terms in the constitution. But fortunately for the cause hunting grounds reserved for their use, and of which they of the State of Georgia, her jurisdiction over the Indian could not be deprived but by their own consent, and for hunting grounds within her limits has been acknowledged 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 manage all affairs with the Indians not 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 a MAY 24, 1830.] Removal of the Indians. [H. of R. Georgia, the State of Georgia cedes, and the United States besides a price which forbids the hope of reimbursement accept, all the right, title, and claim, "which the said by sale, annuities are demanded, and must be given. In State has to the jurisdiction and soil of the lands which proportion as they have less land, and are told the value were the subject of negotiation;" and the United States the white man places upon his possessions, their demands "cede to the State of Georgia whatever claim, right, or increase, and every year presents an increasing difficulty Does it require title they may have to the jurisdiction or soil of any lands," in the way of negotiating with them. 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 finan the Cherokee hunting grounds in the State of Georgia. ces; and that then the Indian, crowded upon by the white And, by this same convention, the right and jurisdiction of population, will be abandoned to his fate-to be annihilated the State over Indian hands within her limits, which had as have been the Mohicans, Oneidas, and Mohawks? Is not 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 made under the act of the State of the benevolent feelings of the opposition to vindicate Georgia, entitled "An act for laying out a district of land, their course to this nation, by telling it what plans they situate on the Mississippi, and within the bounds of the have in view to prevent so certain a calamity to the obState, into a county, to be called Bourbon, passed the 7th jects of their mistaken kindness. day of February, 1785." I could multiply similar concessions of jurisdiction of the States over Indian lands by the United States, by reference to the cessions of Virginia, of the Northwest Territory, and of North Carolina or Tennessee; but it is sufficient merely to mention them. There is one other topic upon which, as an American, I In this discussion, it has feel bound to say a few words. been more than once said that the Indians have been an oppressed, aggrieved people; that, from the beginning of their contact with the white man, they have 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 Indians, have kept out of view our oppression; and I have heard no one raise his voice the actual annual expenditure of the Government at this to vindicate the chronicles of our country from such time, for superintendents, 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? 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 colonized. The contingencies for was just enough to guard our people from massacre, and the Indian Department were, in the year 1829, one hun-their settlements from desolation? From the coming of dred and three thousand five hundred and eighty-six dol- the pilgrims to the landing of Oglethorpe, every settlelars; for annuities, two hundred and two thousand five ment, except Virginia, was preceded by purchase, or nehundred and ninety-one dollars; and for the removal of gotiations for peace; and as often as the war cry was raised Indians, and to carry treaties into effect, three hundred by the savages, our fathers' hearts turned in kindness to and twenty-nine thousand eight 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 had been adopted to lessen the expense of our In-Is our unkindness to them to be found in the early efforts dian relations, or, at all events, to prevent an increase. of a Mayhew and an Elliott, to give to them the blessings The plan of colonization proposed will do much towards of christianity? or in the millions expended by the nation checking the evil. As matters now stand, 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 grounds, and the incidents of tary annals are free from any excesses against the Indians, holding treaties with them, for partial cessions of land, and that we never turned war into desolation, until the are daily 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 medium between peace and destruction. the Mississippi is the established policy of the Go- Mr. SPENCER, of New York, next took the floor, and vernment; that they will be treated with only upon the occupied an hour and a half in a review of the topics infooting of acre for acre; and that land shall be the princi- troduced into the debate, and in stating his objections to pal consideration in the exchange-and this nation will be the bill. He concluded at eight o'clock, when the call relieved from future disbursements of greater magnitude for the question was loud and general; and no other genthan the cost of their removal. tleman rising to address the House, Sir, I invite gentlemen in the opposition to look at our The question was put on the amendment reported by expenditure, year after year, for holding treaties with In-the Committee of the Whole to the bill, viz. that, in exedians for cessions of land, under our present system, and cuting the provisions of the bill, the faith of treaties with they will be startled at the sums paid to commissioners, the Indians shall not be violated-and concurred in: yeas, secretaries, interpreters, messengers, bakers, and but-141--nays, 54. chers; for the erection of buildings, council houses, mess Mr. McDUFFIE then rose, and said he was satisfied it houses, kitchens, and cabins; for corn, beef, pork, and was the solemn duty of the House to come to a decision salt--not alone for the subsistence of the Indians and their on 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. Whatport on their return home. And then come those hun-ever we may think here, [said 'he] the State of Georgia dreds of contingencies of horses for expresses and their has assumed an attitude from which she will not shrink; riders, stationery, pipes, tobacco, paint, and ammunition, and if we refuse to exercise the power which we may conand medical attendance, with a swarm of et cæteras, the stitutionally assume on this question, the guilt of blood cost of which is never known until a demand is made for may rest upon us. I demand the previous question. payment--and the reserve of all these abuses is a heavy Tellers were appointed to count the members, who reitem of goods for distribution to the Indians. Sir, if gen-ported ninety-seven for the previous question, and ninetytlemen will but look into the particulars of the system now eight against it; so it was not seconded. existing, they will see cogent reasons to forward the policy Mr. HEMPHILL then rose to propose a substitute for of colonization. But a more forcible appeal is made to our the bill, which was (as nearly as its substance could be humanity in behalf of the Indian. Formerly, goods and gathered from the reading of it by the Clerk) to provide clothing were accepted by them for the largest cessions of for the appointment of three commissioners by the Presi lands; or, if money was given, the sum was trifling. Now, dent and 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 Indian condition and 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 that much of it is inhabited 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 original 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 thousand dollars to carry the provisions into tinguished.) The amendment allows of a larger scope. effect. There may be land adjoining, better adapted to Indian pursuits, and which may be purchased. The Cherokees who have removed, have a good country, it is said, but there is no room for any more Indians there. The Creeks wish no more to come among them, and the Choctaws have their own boundaries. We are almost entirely igno rant of the country required for from seventy to a hundred thousand Indians, who are contemplated to be removed. We do not know what western tribes may be there, or whether they may be willing to leave their hunting ground peaceably. We do not know what force may be necessary to protect the removed Indians, for, whether the numbers be great or small at first, the force to protect them must be the same. The army must be able to meet the numbers and hostile dispositions of the western Indians. Mr. H. said that, at this late period of the debate, he would not trespass long on the patience of the committee, but would abridge what he had intended to say. Sir, [said he] it is endeavored to place this important question on party grounds, but it is too important: it deeply involves both the political and moral character of the country. The President has recommended the measure generally; and the amendment I have offered treats that recommendation with the highest possible respect. It proceeds with caution, and in the most respectful manner, to obtain the necessary information. The President has not more sincere friends in the United States than those of his party who prefer this amendment to the original bill; and I predict that they will be discovered to have been his most discreet friends on this occasion. By the original bill, this measure is to be accomplished with the consent of the Indians. Still we have an important task to perform, and that is, to convince the world that it is not done under circumstances which leave them no choice. By the third section of the original bill, the President is solemnly to assure the tribe or nation with which the exchange is made, that the United States will forever secure and guaranty to them, and to their heirs and successors, the country so exchanged. What is the meaning of this It appears to me that the people of this country are not section as connected with the sixth, which says, that it prepared for this question; they have not as yet had an shall be lawful for the President to cause such tribe or naopportunity to reflect upon it. We all know that no petition to be protected at their new residence against all tions have been presented to us in favor of the measure. interruptions or disturbance from any other tribe or nation, We know, too, that remonstrances against it from many or any person or persons whatever? Are we to be under parts of the country are numerous. The honorable gen-a lasting obligation to take a part in all their wars? Do tleman from Georgia [Mr. WILDE] made, as I thought, gentlemen see the extent and uncertainty of the expense an unsuccessful attempt to weaken this state of the case. in which we are to be involved? In these regions there He said, if I rightly understood him, that the excitement may be many Indian tribes, and we cannot foresee the fre was partial, and that the silent speculators ought to be quency of their wars. I wish to call the attention of the considered as acquiescing in the proposed measure. This House to the practical operation of the fourth section of is not the practice of the people of this country. An ex- the bill. By it Indian improvements are to be appraised citement on one side always rouses the other, (if there be and paid for, and then to pass into the possession of the any other.) The silence, therefore, which is claimed as an United States, and possession shall not afterwards be per acquiescence 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 circumspection. 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. important question? Not, I will say, with common care, But the fourth section has an individual respect. By this, but with the highest possible respect that can be paid to it. the 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, is it designed to treat subject as well as those in the neighborhood of the Indians. with the Indians to gain their national capacity? and, 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 purchase from A, B, which ought to be fully and fairly known. The President, and 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, he has not indicated the and 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 attempts: men; would they then have a right, in common with the It proposes to send three disinterested commissioners, Indians, to their hunting grounds? In Georgia and Tento be appointed by the President, by and with the advice nessee the title to the relinquished lands would be in those and consent of the Senate, who are to obtain all the infor-lands, while the improvements belong to the United States. mation deemed necessary. They are to ascertain, in the The substitute which I have offered is designed to obtain first place, whether the Indians, in their national capacity, information only, and leaves the removal bill to be drawn as heretofore considered by the United States, are willing up hereafter. I think it will be judicious to have but one to remove to the west of the Mississippi. If they are set of commissioners, as they will be enabled to judge of willing to exchange lands for this purpose, the commis-the relative state of things on each side of the river. And sioners are next to compare the country which they leave, as they are only to take a general reconnoissance, their to the country to which they are to be sent. A knowledge report may be prepared by the next session. A year's of a few points is extremely important. The first is a delay cannot 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. of 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 nays, 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-negatived: yeas, 84--nays, 112. ed, and implements of husbandry must be taken. The previous question was then put, "Shall the main question be now put?" and the votes being ninety-nine to ninety-nine, the SPEAKER voted with the yeas, and decided the question in the affirmative. Before we appropriate five hundred thousand dollars, and embark in this boundless and expensive project, the information required by the substitute is well worth obtaining. 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 nified manner. It will relieve him from too high 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 hands of agents who may use their influence Borst, Bouldin, Brodhead, Brown, Cambreleng, Campto obtain the consent of individuals, and, by so doing, fo- bell, Carson, Chandler, Claiborne, Clay, Coke, Colement divisions among the tribes, and destroy their peace man, Conner, Hector Craig, Robert Craig, Crawford, and happiness. Crocheron, Daniel, Davenport, Warren R. Davis, Desha, De Witt, Drayton, Dwight, Earll, Findlay, Ford, Foster, Fry, Gaither, Gilmore, Gordon, Hall, Hammons, Harvey, Haynes, Hinds, Hoffman, Howard, Hubbard, Isacks, Jennings, R. M. Johnson, Cave Johnson, Perkins King, Lamar, Lea, Lecompte, Loyall, Lewis, Lumpkin, Lyon, Magee, Martin, Thomas Maxwell, McCoy, McDuffie, McIntire, Mitchell, Monell, Nuckolls, Overton, Pettis, Polk, Potter, Powers, Ramsey, Rencher, Roane, Scott, Wm. B. Shepard, Shields, Speight, Richard Spencer, Sprigg, Standifer, Sterigere, Wiley Thompson, Trezvant, Tucker, Verplanck, Wayne, Weeks, C. P. White, Wickliffe, Wilde, Yancey.--102. After information obtained, Congress should take the responsibility on themselves, and lay down in detail the mode and manner of the removals, and let the President carry the law into execution. This mode will be most satisfactory to the people, and give them time for reflection. It will besides appear in a more amiable light than the original bill, to the foreign nations whose attention will be attracted by this movement. It will conform best with the practice and principles of Penn, whose memory my native State delights to honor. Sir, these are my views of the comparative merits of the original bill and the substitute. The state of ancient 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, Barringer, Bartley, Bates, Beekman, Burges, of my incapacity to give any glowing description of In- Butman, Cahoon, Childs, Chilton, Clark, Condict, Coodian wrongs. Against the aborigines who once possessed per, Cowles, Crane, Crockett, Creighton, Crowninshield, this fair country, what complaint have we to make? In John Davis, Deberry, Denny, Dickinson, Doddridge, what degree are their scalping knives and tomahawks to Dorsey, Dudley, Duncan, Ellsworth, George Evans, be compared to our instruments of death by which we Joshua Evans, Edward Everett, Horace Everett, Finch, have overthrown their powerful kingdoms, and reduced Forward, Gorham, Green, Grennell, Hawkins, Hemphill, the whole fabric of their societies, with their kings and Hodges, Hughes, Hunt, Huntington, Ihrie, Ingersoll, queens, to their present miserable condition? How little Thomas Irwin, William W. Irvin, Johns, Kendall, Kendid they expect, three hundred years ago, that a race of non, Kincaid, Adam King, Leiper, Letcher, Mallary, human beings would come from beyond the great waters Martindale, Lewis Maxwell, McCreery, Mercer, Miller, to destroy them. Their fate, we all know, is now irrevocably sealed. Their extermination is certain. Still, as a generous nation, we ought to act towards them with the strictest fairness, and attend to their glimmering existence with more than ordinary humanity. Muhlenberg, Norton, Pearce, Pierson, Randolph, Reed, The honorable gentlemen in favor of the original bill, doubtless entertain the opinion that it is best calculated to promote the happiness of the Indians: I, however, think--97. differently. This is a matter of opinion; but such are my convictions and feelings, that I can never vote for the original bill. The substitute has another decided advantage. It is most suitable to the present state of the treasury, and may leave something for other objects of importance. Mr. THOMPSON, of Georgia, said he had forborne to take up the time of the House in delivering his views at large on the bill, and he was therefore privileged, he thought, in again demanding the previous question, [which would of course put by the amendment.] Accordingly, Tellers were appointed to count the House, who reported ninety-eight in favor of, and ninety-eight against the previous question. The SPEAKER voted in the affirmative; so the motion for the previous question was seconded. [The only variation between the last vote and the preceding votes on the previous question, &c. was, that, just before the final vote, Mr. DICKINSON (who had been previously absent from indisposition) came in, and voted against the third reading--and Messrs. DWIGHT, FORD, RAMSEY, and SCOTT, who voted against the previous question, because, as was understood, it superseded Mr. HEMPHILL'S amendment, voted for the third reading, after that amendment was set aside by the previous question.] TUESDAY, MAY 25, 1830. THE MARINE CORPS. The joint resolution reported by Mr. CARSON, from the Committee on Naval Affairs, some days ago, proposing Mr. MILLER, of Pennsylvania, 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 on the table, and called for the yeas and nays, which third reading. were ordered; and, being taken, the motion was negatived: yeas, 94--nays, 103, At the suggestion of Mr. DRAYTON, the word subsistence was inserted after "pay," and the word allow. Mr. BATES then observed that there was a gentleman ances after " "emoluments." |