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WEDNESDAY, JANUARY 10, 1849.

Mr. Downs presented the petition of James W. Schaumburg, praying that his memorial upon the executive files of the Senate may receive their early attention; which was referred to the Committee on Military Affairs.

WEDNESDAY, JANUARY 31, 1849.

Mr. Borland, from the Committee on Military Affairs, to whom was referred the 10th instant the petition of James W. Schaumburg, subinitted the following resolution :

Resolved, That the Committee on Military Affairs be discharged from the further consideration of the petition of James W. Schaumburg.

TUESDAY, FEBRUARY 6, 1849.

Mr. Dawns submitted the following resolution for consideration :

Resolved by the Sinate, T'nat the resolution of the Senate of the 19th March, 1845, respecting James W. Schaumburg, be rescinded and repeal. ed, and that any order of the President made by reason of said, resolution should be revoked.

FRIDAY, MARCH 2, 1849.

It was determined in the affirmative, { Nays

On motion by Mr. Downs, The Senate proceeded to consider the resolution submitted the 6th of February, respecting James W. Schaumburg; and, On the question to agree thereto,

24

19 On motion by Mr. Downs, The yeas and nays being desired by one fifth of the Senators present, Those who voted in the affirmative are,

Messrs. Atchison, Bright, Cameron, Clarke, Corwin, Dickinson, Dodge, of Iowa, Douglas, Downs, Fitzgerald, Foote, Hale, Hamlin, Hannegan, Johnson, of Maryland, Johnson, of Georgia, Jones, Mangum, Metcalfe, Rusk, Sebastian. Sturgeon, Walker, Westcott.

Those who voted in the negative are, Messrs, Badger, Baldwin, Bell, Benton, Berrien, Davis, of Mississippi, Dix, Houston, Hunter, Mason, Miller, Niles, Pearce, Phelps, Spruance, Turney, Underwood, Wales, Yulee.

So the resolution was agreed to.

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

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The injunction of secrecy has been removed, during the special ses.

sion of the Senate, commencing Monday, March 5, 1849.

Proceedings of the Senate on the treaty with the Stockbridge Indi

ans, from which the injunction of secrecy has been removed.

WEDNESDAY, MARCH 7, 1849. On motion by Mr. Dickinson, Ordered, That the injunction of secrecy be removed from the proceedings of the Senate on the articles of agreement and treaty made with the Stockbridge tribe of Indians on the 24th November, 1848.

TUESDAY, FEBRUARY 6, 1849. 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, herewith, for the consideration and advice of the Senate, with regard to its ratification, a treaty, concluded on the 24th day of November, 1848, by Morgan L. Martin and Albert G. Elis, commissioners on the part of the United States, and the sachems, councillors, and head men of the Stockbridge tribe of Indians, together with a report of the Commissioner of Indian Affairs, and other papers explanatory of the same.

JAMES K. POLK. WASHINGTON, February 5, 1849.

The message was read.

The articles of agreement and treaty, made and concluded at Stockbridge, in the State of Wisconsin, on the 24th day of No

vembes, in the year of our Lord, 1848, by and between Morgan L. Martin and Albert G. Ellis, commissioners on the part of the Uni. ted States of America, and the Stockbridge tribe of Indians, was read the first time; and,

On motion by Mr. Atchison, Ordered, That the articles of agreement and treaty, with the message and accompanying documents, be referred to the Committee on Indian Affairs, and printed in confidence for the use of the Senate.

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THURSDAY, MARCH 1, 1849. Mr. Bell, from the Committee on Indian Affairs, to whom was referred the 6th February, the articles of agreement and treaty with the Stockbridge tribe of Indians, reported it with the following amendment:

Add the following as supplemental articles:

Whereas, the Stockbridge and Munsee Indians consider that they have a claim against the United States for indemnity for certain lands on White river, in tne State of Indiana, and for certain other lands in the State of Wisconsin, which they allege they have been deprired of, by treates entered into with the Miamis and Delawares, or to the lands claimed by them in Indiana, and with the Meromonies and Winnebagos, or to the lands in Wisconsin, without their consent: And whereas, the said Stockbridge and Munsee Indian's, by their chiefs and agents, have continued to prosecute ibeir said claims during the last twenty years, at their own expense, except the sum of three thousand dollars paid then in 1821: And wliereas, it is desirable that all ground of discontent on the part of said Indians shall be removed, the United States do further stipulate, in consideration of the relinquishment by them of said claims, and all others, except as provided in this treaty, to pay to the sachems, or chiefs, of said Indians, on the ratification of this article by them, with the assent of their people, the sum of five thousand dollars, and the further sum of twenty thousand dollars, to be paid in ten annual instalments, to commence when the said Indians shall have selected and removed to their new homes, as contemplated by the seventh article of this treaty.

The President of the United States, within two years of the ratification of this treaty, shall procure for the use of said Stockbridge Indian's a quanrity of land west of the Mississippi river, upon which they shall reside, not less than seventy-two sections; said Indians to be consulted as to the location of said land, and to be holden by the same tenure as other Indian lands.

On motion by Mr. Bell, The Senate, by unanimous consent, proceeded to consider as in Committee of the Whole, the said articles of agreement and treaty; and

On the question, “Shall the said additional articles reported by the committee stand as part of the treaty?"

Yeas....

37 .

2 Those who voted in the affirmative are,

Messrs. Atchison, Atherton, Baldwin, Bell, Berrien, Borland, Clarke, Corwin, Davis, of Massachusetts, Davis of Mississippi, Dickinson, Dix, Dodge, of Iowa, Douglas, Downs, Fitzpatrick, Foote, Hannegan, Houston, Johnson, of Maryland, Johnson, of Louisiana, Johnson, of Georgia, Jones, King, Mangum, Miller, Niles, Pearce, Phelps, Rusk, Sebastian, Spruance, Sturgeon, Un: derwood, Wales, Walker, Yulee.

Those who voted in the negative are,
Messrs. Cameron and Westcott.
So the amendment was agreed to.

And no further amendment being made, the treaty was reported to the Senate, and the amendment was concurred in.

Mr. Bell 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 agreement and treaty made and concluded at Stockbridge, in the State of Wisconsin, on the 24th day of November, in the year of our Lord, 1818, by and between Morgan L. Martin and Albert G. Ellis, commissioners on the part of the United States of America and the Stockbridge tribe of Indians, with the following

Amendment :

1

Add the following as supplemental articles:

Whereas, the Stockbridge and Munsee Indians consider that they have a claim against the United States for indemnity for certain lands on White river, in the State of Indiana, and for certain other lands in the State of Wisconsin, which they allege they have been deprived of by treaties entered into with the Miamas and Delawares, or to the lands claimed by them in Indiana, and with the Menomonies and Winnebagos, or to the lands in Wisconsin, with out their consent: And whereas, the said Stockbridge and Munsee Indians, by their chiefs and agents, have continued to prosecute their said claims during the last twenty years at their own expense, except the sum of three thousand dollars paid them in 1821: And whereas, it is desirable that all ground of discontent on the part of said Indians shall be removed, the United States do further stipulate, in consideration of the relinquishment by them of said claims and all others, except as provided in this trety, to pay to the sachems or chiefs of said Indians, on the ratification of this article by them, with the assent of their people, the sum of five thousand dollars, and the further sum of twenty thousand dollars, to be paid in ten annual instalments, to commence when the said Indians shall have selected and removed to their new homes, as contemplated by the seventh article of this treaty.

The President of the United States, within two years from the ratification of this treaty, shall procure, for the use of said Stock

bridge Indians, a quantity of land west of the Mississippi river, upon which they shall reside, not less than seventy-two sections; said Indians to be consulted as to the location of sạid land, and to be bolden by the same as other Indian lands,

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

32 It was determined in the affirmative, News

Nays...

3 Those who voted in the affirmative are,

Messrs. Atchison, Atherton, Baldwin, Bell, Berrien, Bradbury, Clarke, Corwin, Davis, of Massachusetts, Davis, of Mississippi, Dickinson, Dix, Dodge, of Iowa, Downs, Fitzpatrick, Hannegan, Houston, Johnson, of Maryland, Johnson, of Georgia, Jones, King, Mangum, Miller, Niles, Pearce, Phelps, Rusk, Spruance, Underwood, Wales, Walker, Yulee.

Those who voted in the negative are,
Messrs. Bright, Cameron, Westcott.
So the resolution was agreed to.

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

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