nant to every principle of fairness and justice. It was a fraud upon the Indians and would be so regarded by the civilized world. The faith of the country was pledged to these dependent and helpless tribes, and public opinion would exact a full compliance with its engagements. These engagements were not only to guaranty their territory, but to aid them to become a civilized people. Relying upon this promise, the Indians had relinquished their savage habits. They were no longer fitted to procure their subsistence by hunting. They were agriculturists. They had farms and cattle, and essentially lived like their white neighbors. They perhaps were not so much advanced in civilization; but they had undeniably made great progress, and they could not relapse into a state of barbarism unless by a change of policy on the part of the United States. To that policy they were indebted for their elevation, and its effects were seen in an entire change in the habits and character of the whole community. The increase of their numbers within a few years, the commerce they began to carry on with the neighboring States; the and inconsistent with the uniform practice of the Government ever since the adoption of the Constitution, which had, and in reference to this very pretension, prohibited States from entering into any treaty, and conferred upon the General Government the exclusive power of making treaties, of regulating Indian commerce and of repelling Indian encroachments. The whole power was thus vested in the Federal Government; and it had in conformity with this power proceeded to make treaties with the Indian tribes under every administration, and almost every year of its existence as a National Government, without the slightest objection on the part of a State, or any intimation that such a course was unauthorized by the Constitution. The Senate had sanctioned these treaties session after session; Congress had made appropriations and passed laws to give effect to their stipulations, and the whole practice of the Government had been in conformity with the principle that the whole subject was exclusively under the jurisdiction of the Federal Government. In the belief that this was so, the Indian tribes had entered into treaties, had ceded lands and re-establishment of a newspaper linquished claims. The Federal Government had accepted of these cessions; the States, and especially Georgia, had derived benefit from them and had acted as if they were valid; and the pretension that the treaties were void, because the Federal Government had not been vested with power to make them, was not only unsound in itself, but was repug among them, the institution of their form of government, and the orderly and moral character of the tribe were all proofs of the efficacy of this policy, and so many testimonials to the good faith and benevolence of the American Government. That such was the actual condition of the southern tribes, appeared not only by the accounts from the missionaries dwelling among them, but by the reports of the public agents themselves; and Congress was adjured not to suffer itself to be driven from a policy which had produced such beneficent results by intemperate denunciation, and threats of State authorities. To the argument urged, that this bill did not contemplate coercive measures, it was replied that, although it did not directly authorize coercion, its object was to appropriate a sum of money to co-operate with the States, in the compulsory removal of the tribes. Some of the States, and especially Georgia, had long aimed at that, and had been prevented only by the authority of the Federal Government from carrying this design into effect. They had lately passed laws depriving the Indians of their rights as secured by treaties, and rendering it impossible for them to continue in their present abode without submitting to the most degrading conditions. The President upon that informs them that he cannot and will not protect them from the operation of these laws; and upon the assembling of Congress, recommends this bill to facilitate their removal. This is directly abetting coercive measures to remove them, and renders the Federal Government responsible for the new policy now adopted toward them. The measure itself, in its effects on the Indians, was also severely criticised. The territory which was offered for their ceptions was declared to be cold, sterile and scarcely inhabitable. The experiment which had been 6 re made with a part of the Cherokees had not proved successful. Scarcely had they settled in their new abode when they were required to remove still further, to accommodate the people of Arkansaw, and it was predicted that such would be the fate of all the tribes who might consent to emigrate beyond the Mississippi. Their only chance to preserve their existence as a people was, by remaining among the whites and not by receding from them. By accustoming themselves to the habits of civilized life and to the presence of white men, they might escape extinction; but how could they hope to recede from a nation which had already reached the sources of the Mississippi, and which would soon pass the summits of the Rocky Mountains? The pledges now offered, not again to disturb them, could afford no security. No pledges could be stronger than those they now had in the treaties, and at some future time the same plea of convenience or necessity would be used to justify a new violation of national faith. The precedent would be on record, and when once a Government violates her plighted faith, the rubicon is passed and her course thereafter is one of dishonor and broken engagements. These objections however were disregarded, and after a discussion in the committee of the whole, which lasted five days, the bill was reported to the House on the 19th of May. There the discussion was renewed, and an amendment by Mr Storrs was proposed, prohibiting the occupation or pur chase of the lands or claims of any individual Cherokee, without the consent of the tribe by treaty. The 20th and 21st of May, had been set apart for special business, and although the Chairman of the Indian Committee moved each day to postpone the order of the day with the view of proceeding with the Indian bill, the House refused to suspend the rule yeas 107, nays 88. It requiring a vote of two thirds, to carry the motion. On the 24th of May, the Indian bill was again taken up, and the previous question having been demanded, a call of the House was made, when 196 members answered to their names 17 only being absent. The previous question was not seconded, only 78 members rising in favor of it, and Mr Storrs' amendment again came under consideration, when after some discussion, Mr Storrs withdrew his amendment, with the view of giving Mr Hemphill an opportunity to offer an amendment. The discussion was again renewed on the bill and Mr Desha again demanded the previous question, which was not seconded, 93 affir. and 99 negative. The discussion was continued until about 8 o'clock, when the amendment, reported by the Committee of the whole viz. that in executing the provisions of the bill, the faith of treaties with the Indians shonld not be violated. was concurred in 141 ayes, 53 nays. Mr McDuffie then rose and said, he was satisfied it was the mn duty of the House to come to a decision on this subject. He was not going into the argument, but he wished to say that this was a practical question. Whatever we may think here, said he, the State of Georgia had assumed an attitude from which she will not shrink; and if we refuse to exercise the power, which we may constitutionally assume on this question, the guilt of blood may rest upon us. I demand the previous question. This was not seconded; the House dividing 97 affir. 98 neg.' Mr Hemphill then rose to propose a substitute for the bill, which was, to provide for the appointment of three commissioners by the President and Senate, not to be residents of any of the States immediately interested, who should go through the Indian tribes, east of the Mississippi, and ascertain their disposition to emigrate; then to explore the country west of the Mississippi, and ascertain the quality and extent of the country which could be offered to the Indians, in exchange for their lands east of the river; whether it was adapted to the agricultural and hunting pursuits of Indians; and on what terms they would make the exchange, dispose of their improvements, &c, and remove; and report the whole to the President, to be laid before Congress at its next Session, with an account of the value of the lands belonging to the tribes east of the Mississippi, their present state of culti vation, the number of schools and churches, and of the scholars and members in the same; the present moral and political condition of the Indians, and the nature and extent of their commerce, and also an estimate of the whole expense of the removal and maintaining the tribes one year after their removal, and appropriates $30,000 to carry the provisions into effect. Mr Hemphill said it was not his intention to go into a discussion of the bill. But this had been called a party question, and the advocates of the bill had appealed to the friends of the administration to support the President in this measure. He denied that party feelings influenced him. The President had not a better friend than himself in the whole nation; but on a question, involving as this did, the moral and political character of the country, he could not yield up his own judgment to his regard for the President. Mr H. then briefly explained the object of his amendment, which was to obtain full information, and enable Congress to act understandingly, on this important question. The original bill proposed to place half a million of dollars in the hands of the Executive to effect a removal of the Indians. This was too great a responsibility for any Executive. The house should take the mea sure into its own hands, and indicate the mode and manner in which it should be effected. 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 The previous question was then put, and the House being equally divided, 99 affir. and 99 neg., the Speaker voted in the affirmative, and the main question was ordered, which was, shall the bill be read a third time? On this question the House divided, 102 ayes, 97 nays, and it being late in the night, a motion for adjournment finally prevailed. The next day the subject was resumed, when Mr Hemphill moved, that the bill be recommitted, with instructions to amend it, as he had proposed to amend it the day before. With the view of preventing this motion from being put, Mr Bell moved the previous question, which was again seconded after a call of the House by the casting vote of the Speaker 96 affir., 96 neg. Upon putting the previous question however, it was negatived, 98 affir., 99 neg. The effect of this decision was to remove the bill from before the House for the days which were devoted to other business. The 26th, the bill was again taken up, and Mr Hemphill's motion being still pending, the previous question was again demanded, and after having been seconded, 98 affir., 96 neg., was carried, 101 affir., 97 neg. The question on the passage of the bill was then put and decided in the affirmative, 102 ayes, 97 nays. The bill having been thus forced through the House by the strength of the friends of the adininistration, was sent to the Senate for its concurrence in the amendments of the House. The first amendment which was one of form, having been concurred in, a motion was made by Mr Frelinghuysen to amend the 2d amendment in relation to the observance of treaties, by adding a provision to protect the tribes, from all State encroachinents, until they chose to remove. This motion was negatived, 17 ayes, 26 nays. An amendment offered by Mr F. to provide for their protection according to the provisions of the treaties was also rejected, 18 ayes, 24 nays. Mr Sprague then moved an amendment declaring, that the treaties should be fulfilled according to their true intent and meaning, which was rejected by the same vote, as was also an amendment offered by Mr Clayton, to confine the provisions of the act to the Indians residing within the state of Georgia, The second amendment was then concurred in by the Senate, and the bill, after receiving the sanction of the President, became a law. The passage of this bill connected with the course taken by the President in relation to the Indians, formed an era in the policy of the United States respecting the aboriginal tribes. On the face of the law, with the exception of that section, authorizing the purchase of improvements from individual Indians instead of a council of the tribe, there was nothing to which any serious objection could be urged. It purported to be a law to aid the Indians in emigrating beyond the Mississippi, and did not contemplate any other than a voluntary removal. But in connexion with the proceedings in the legislatures of Georgia, Alabama, and Mississippi, and the construction put by the President on the constitutional powers of the Federal Government, it indicated an entire change in its policy toward the Indians. Hitherto the Indian concerns had been deemed under the care of Congress, and the Executive had carried into effect, pursuant to his oath of office, the laws and treaties made by the treaty-making department. The President now, however, had declared, that he could not, consistently with his view of the subject, interpose to prevent a State from extending her laws over the tribes, although in violation of treaties. The Indian intercourse act made it the duty of the President to prevent any intrusion upon the territory of the Indians, with the view of preserving the treaties inviolate. This act had hitherto been faithfully executed by each successive administration, and the military power had been occasionally resorted to, in order to enforce its provisions. The laws of Georgia now authorized an intrusion upon the Indian territory, for the purpose |