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FRIDAY, JANUARY 19, 1849. Mr. Atchison, from the Committee on Indian Affairs, to whom was referred, the 12th December, the articles of a treaty, made and concluded at Lake Paw-aw-hay-kon nay, in the State of Wisconsin, on the 18th day of October, 1848, between the United States of America, by William Medill, a commissioner duly appointed for that purpose, and the Menomonee tribe of Indians, by the chiefs, headmen, and warriors of said tribe, reported the same without amendment.

On motion by Mr. Atchison, The Senate, as in Committee of the Whole, proceeded to consider the 'said'articles of a treaty; and no amendment being made thereto, they were reported to the Senate.

Mr. Atchison 'submitted the following resolution for consideration:

Resolved, (two-thirds of the Senators present concurring,) That the Senate advise and consent to the ratification of the articles of a treaty, made and concluded at Lake Paw-aw-bay-kon-nay, in the State of Wisconsin, on the 18th day of October, 1848, between the United States of America, by William Medill, a commissioner duly appointed for that purpose, and the Menomonee tribe of Indians, by the chiefs, headmen, and warriors of said tribe.”?

The Senate, by unanimous consent, proceeded to consider the said resolution: On the question to agree thereto,

Yeas,

36

5 Those who voted in the affirmative are, Messrs. Allen, Atchison, Atherton Badger, Berrien, Breese, Cameron, Clarke, Clayton, Corwin, Davis, of Massachusetts, Davis, of Mississippi, Dayton, Dickinson, Dodge, of lowa, Downs, Fitzpatrick, Foote, Greene, Johnson, of Maryland, Johnson, of Louisiana; Johnson, of Georgia, Jones, King, Mason, Metcalfe, Miller, Niles, Phelps, Rusk, Sebastian, Spruance, Sturgeon, Underwood, Upham, Walker.

Those who voted in the negative are,
Messrs. Borland, Bright, Douglas, Turney, Yulee."

Ordered, That the secretary lay the said resolution before the President of the United States.

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Proceedings of the Senate in relation to the transfer of certain i stock of the Chickásaw to the Choctaw Indians, from which the, injunction of 'secrecy has been removed.

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FRIDAY, JANUARY 19, 1849. "On motion by Mr. Atchison,

Ordered, That the injunction of secrecy be removed from the report and resolution of the 21st December, 1840, in relation to dians, from the messages and documents communicated to the Senate relative thereto, and from the proceedings of the Senate thereon.

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THURSDAY, DECEMBER 17, 1840. Ordered, That the following message from the President of the United States of the 10th instant, relating to the transfer of Chiek. asaw stock to the Choektaw tribe of Indians, which was this day transferred from the legislative journal, be referred to the committee on Indian Affairs: To the Senate of the United States:

I transmit, for the action of the Senate, a communication from the Secretary of War, on the subject of the transfer of Chickasaw stock to the Choctaw tribe, which the accompanying papers' explain.

M. VAN BUREN.' WASHINGTON, December 10, 1840.

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WAR DEPARTMENT, December 10, 1840. SIR: I have the honor to lay before you a communication from the Commissioner of Indian Affairs, relative to the transfer of $500,000 Chickasaw stock to the Choctaws, in execution of the compact of 17th January, 1837, between those tribes, that, if you think it advisable, you may așsent to the proposed transfer, and lay the matter before the Senate for the sanction of that body. Very respectfully, your most obedient servant,

J. R. POINSETT. To the PRESIDENT

Of the United States.

WAB DEPARTMENT, Office of Indian Affairs, December 1840. Sır: A compact was made on the 17th January, 1837, “subject to the approval of the President and Senate of the United States, which it received from the former, on the 24th March, 1837, in conformity with the resolution of the Senate of 25th February between the Choctaw and Chickasaw tribes of Indians, of which I have the honor to enclose a copy.

By this instrument, the right to occupy a portion of the Choctaw country west of the Mississippi, was, with certain privileges, secured to the Chickasaws, who agreed to pay therefor $530,000, of which $30,000 were paid in 1837, and the remaining $500,000 it was agreed should be invested under the direction of the govern ment of the United States, and that the interest should be paid annually to the Choctaws.

There being no money to place in the hands of the United States, but a very large amount of Chickasaw, stock, under the direction of the treasury, the reasonable desire of the Choctaws, that this large fund belonging to them should be put in their own names on the books of the government, can be gratified by a transfer of so much of the stock to the Secretary of War for their use, upon which the interest will be received and paid over to them. This will be an execution of the agreement of the parties. A sale of stocks to raise the money, and then a re-investment of it, according to the letter of the compact, ought not to be resorted to, on account of their present low price in the market.

In considering this subject in the course of the autumn, the 13th article of the treaty of 24th May, 1834, with the Chickasaws, was adverted to, by which it is provided, "If the Chickasaws shall be so fortunate as to procure a home within the limits of the United States, it is agreed that, with the consent of the President and Senate, so much of their invested stocks as may be necessary to the purchase of a country for them to settle in shall be permitted to them to be sold; or, the United States wiil advance the necessary amount, upon a guaranty and pledge of an equal amount of their stocks." The compact, before referred to, having been ratified by the President and Senate, it was doubted whether that was not a virtual consent to the application of so much of the stock as would be required to pay for the land and privileges contracted for by the said compact, and an authority for the transfer of it. tion was referred to the Atiorney General, who was of opinion that the transfer could not be legally made without the asseat of the President and Senate to the particular act.

I have, therefore, respectfully to request that you will lay the matter before the President, that, if he concurs in the propriety of so doing, he may give his own and ask the consent of the Senate to the proposed proceeding. Very respectfully, your most obedient servant,

T. HARTLEY CRAWFORD. Hɔn, J. R. POINSETT, Secretary of War.

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MONDAY, DECEMBER 21, 1840. Mr. Sevier, from the Committee on Indian Affairs, to whom was referred, on the 17th instant, the message from the President relating to the transfer of the Chickasaws' stock to the Choctaw tribe of Indians, reported the following resolution; which was read and agreed to:

Whereas, the thirteenth article of the treaty of 24th May, 1834, with the Chickasaw'tribe of Indians, provides that if they shall be so fortunate as to procure a home within the limits of the United States, so much of their invested stocks as may be necessary to the purchase of a country for them to settle in, shall be permitted to them to be sold," with the consent of the President and Senate: And whereas, the Chickasaws, by compact made with the Choctaws on the 17th January, 1837, did purchase "a home," for which they are indebted to the Choctaws in the sum of five hundred thousand dollars, therefore,

Be it resolved, That the consent of the Senate of the United States be, and the same is hereby, given to the transfer of the Chickasaws' stock, not exceeding : five hundred thousand dollars, standing on the books of the treasury to their credit, to the Secretary of War, for the time being, to be held to, and for the use of, the Choctaws, according to the terms and in execution of the compact aforesaid, of 17th January, 1837.

TUESDAY, JANUARY, 13, 1846. The following message was received from the President of the United States, by Mr. Walker, his secretary:

To the Senate of the United States:

I transmit to the Senate a report of the Secretary of War, with accompanying papers* showing the measures which have been adopted in relation to the transfer of certain stocks between the Chickasaw" and Choctaw Indians, under the treaty between those tribes, of the 24th March, 1837. The'claim presented by the "Choctaw general council,'' if deemed to be founded in equity, cannot be adjusted without the previous advice and consent of the Senate.

JAMES K. POLK. WASHINGTON, January 13, 1846. The message was read. Ordered, That it be referred to the Committee on Indian Affairs.

* These papers and documents, belonging to the executive files, from which the injunction of secrecy has also been removed, were not printed.

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WAR DEPARTMENT, Office of Indian Affairs, December 1840. Sır: A compact was made on the 17th January, 1837, “subject to the approval of the President and Senate of the United States," which it received from the former, on the 24th March, 1837, in conformity with the resolution of the Senate of 25th February, between the Choctaw and Chickasaw tribes of Indians, of which I have the honor to enclose a copy.

By this instrument, the right to occupy a portion of the Choctaw country west of the Mississippi, was, with certain privileges, secured to the Chickasaws, who agreed to pay therefor $530,000, of which $30,000 were paid in 1837, and the remaining $500,000 it was agreed should be invested under the direction of the government of the United States, and that the interest should be paid annually to the Choctaws.

There being no money to place in the hands of the United States, but a very large amount of Chickasa w stock, under the direction' of the treasury, the reasonable desire of the Choctaws, that this large fund belonging to them should be put in their own names on the books of the government, can be gratified by a transfer of so much of the stock to the Secretary of War for their use, upon which the interest will be received and paid over to them. This will be an execution of the agreement of the parties. . A sale of stocks' to raise the money, and then a re-investment of it, according to the letter of the compact, ought not to be resorted to, on account of their present low price in the market.

In considering this subject in the course of the autumn, the 13th article of the treaty of 24th May, 1834, with the Chickasaws, was adverted to, by which it is provided, "If the Chickasaws shall be so fortunate as to procure a home within the limits of the United States, it is agreed that, with the consent of the President and Sepaté, so much of their invested stocks as may be necessary to the purchase of a country for them to settle in shall be permitted to them to be sold; or, the United States wiil advance the necessary amount, upon a guaranty and pledge of an equal amount of their stocks." The compact, before referred to, having been ratified by the President and Senate, it was doubted whether that was not a virtual consent to the application of so much of the stock as would be required to pay for the land and privileges contracted for by the said compact, and an authority for the transfer of it. tion was referred to the Attorney General, who was of opinion that the transfer could not be legally made without the assent of the President and Senate to the particular act.

I have, therefore, respectfully to request that you will lay the matter before the President, that, if he concurs in the propriety of so doing, he may give his own and ask the consent of the Senate to the proposed proceeding. Very respectfully, your most obedient servant,

T. HARTLEY CRAWFORD.. Hɔn. J. R. POINSETT, Secretary of War.

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