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JAN. 13, 1830.]

Mr. Foot's Resolution.

[SENATE.

and, after a lapse of ten or twenty years, rebuild it and be- nothing now properly before the Senate, but the simple gin anew. The marks of surveyors, he said, like other question-Is the subject proposed in the resolution prohuman marks, could not last always; but, if faithfully per for inquiry? Mr. M. said that, as the merits of the made, they would last long enough, for the purpose of proposed system had been, and would probably be furfinding and disposing of our public lands. With respect ther discussed, he ventured to say, if the sales of public to the sales, it was necessary that our Presidents, under lands were confined to those which had been already of their discretionary powers of selling public lands, should fered for sale, (excluding the reverted and relinquished be liberal. It promoted the great agricultural class of our lands) the treasury would not receive two hundred thoupeople; the agricultural interests of the country, which sand dollars a year from that source. lie at the bottom of all the others as their foundation. It In Alabama there were a great many millions of acres was upon this very ground that the late Secretary of the of land which had been offered and not sold; and if no Treasury [Mr. Rusă] gave a correlative encouragement other land but that were permitted to come into the marto manufactures. He had understood Mr. Rush only to ket for five years to come, not one acre in five thousand draw an argument from the great ease with which lands would bring one dollar and twenty-five cents, not one were acquired and agricultural interests fostered in the in two thousand would bring a dollar, and not one thouUnited States, in favor of a similar encouragement to the sand would bring seventy-five cents, or any other price. other great interests of manufactures and the useful arts The Senator from Illinois [Mr. KANE] had said that he was of mechanism; and not to be unfriendly to the growth of not one of those who contended that the new States were the West. And to that intent Mr. Rush was certainly entitled to the public domain within them, in virtue of their correct. Without the manufacturing arts in our country, sovereignty. Mr. M. said, he did not consider that there agriculture could not thrive, when all Europe refuses to was any merit in holding the one opinion or the other, receive the products of our soil. Agriculture feeds manu-provided it be honestly entertained. But as it had been factures, and manufactures encourage and sustain agricul- his fortune, or rather fate, to be the first to advance the ture, by affording it a market at home. They mutually doctrine that the new States, in virtue of their sovereignty, aid each other, and are necessary to each other's pros- had a right to the public lands within their respective perity. There may be details in our land laws which limits, and that the United States could not constitutionought to be reformed. But the great feature of liberality ally hold them, he would now merely say that his opinion in them, he should be unwilling to mar, even for a week. on that subject remained unchanged; and that the arguSo long as that was retained, you might encourage and ment which he had delivered in this Senate some two practise manufactures east of the mountains, where they years ago, on that subject, remained, in his opinion, unanmust necessarily spring up first, as much as you pleased, swered. Should it again become necessary to discuss that it could never injuriously affect the migration to the West. question, he would maintain the same opinion; but while So long as the attractions of land, liberty, and free space, he did so, he did not ask to control the opinions of others. are there on their present easy terms, the tide of migra- He regarded that question, for the present, as decided tion will set towards them. against him, and therefore should discuss all other questions, in relation to the public lands, as if they did constitutionally belong to the United States.

But why use arguments? Cast your eyes towards the West and you will see the streams of migration to your new countries setting in that direction wide and deep and unrestrainable by the manufactures of the East, which had required a high consideration in this nation, and he regretted that they were thought prejudicial to any part of the Union.

Mr. HOLMES wished the resolution to lie on the table for the present. He wished to offer the following resolution for the adoption of the Senate:

Resolved, That the Commissioner of the Land Office be directed to inform the Senate of the quantity of public land which is now, or can be brought into the market, distinguishing in what States or Territories such lands are; But, upon the suggesion of Mr. FOOT, he abandoned his resolution.

Mr. McKINLEY said he was in favor of the adoption of the resolution, not because he expected or wished the inquiry to result in the adoption of a new system, such as that implied in the resolution; but because he was in favor of a full and fair inquiry into every subject connected with The people of the United States [said Mr. H.] are an the public lands. To refuse it was but to create new inquiring people; they wish for light. If you refuse this prejudices and suspicions, and to increase those already inquiry, they will be apt to suspect that we "love darkexisting. Public attention was now directed to the public ness rather than light, because our deeds are evil, and that lands, with a view to the distribution of their proceeds; we will not come to the light, lest our deeds should be and every subject connected with them would of course be- reproved." come more interesting to the people. Although Congress We have [said Mr. H.] a report of the quantity and had been legislating upon this subject for more than forty quality of the public lands which were in market at the years, a great portion of the members from the old States commencement of the year 1828. I wish to know what were ignorant of the land system, and the laws relating to quantity of land has been brought into the market since it, (and he meant no disrepect when he said so.) The that period; what is the quality of it, and in what part of reason is obvious. They did not consider it their duty to the country it is located. If on inquiry it be found proper become minutely acquainted with this subject, and there- to go on with the surveys, he should vote for this continufore generally left it to those who represented the States ance and for the continuance of the officers employed for where those lands lie, to investigate and explain all matters that purpose. So far as the subject has been developed, connected with them. This [said Mr. M.] furnishes an there is a large quantity of land now ready for the market; additional reason why inquiry should not be refused. For probably it was not all ready. But I believe there is a himself, he said, he had nothing to apprehend from any large quantity owned by the States. The States would investigation that might take place. And although it was soon become competitors of the United States: for Ohio a novel proceeding in the Senate, to discuss the merits of has a vast quantity of her own land for sale; so has India resolution of inquiry, so far as the discussion was intend- ana, and, I believe, so has the State of Illinois. Besides, ed to throw light on the subject, and aid the committee in coming to a correct conclusion, he had no objection to it; but so far as it was intended to arrest inquiry, he was opposed to it. It does seem to me, however, [said Mr. M.] that the proper time for discussing the merits, is upon the coming in of the report of the committee; there being

there are large tracts which have been sold to speculators, (by speculators I mean those who purchase the lands, not for the purpose of settling them, but to re-sell them again) which land is now in the market. If all the lands were not sufficient to gratify the desires and wants of purchasers, (which would be ascertained by the inquiry proposed) let us

SENATE.]

Indian Affairs.

[JAN. 14, 1830. then give them more. He wished the inquiry to bemade, but priation contained in the bill. The sum of forty thousand he was desirous of having the information his resolution dollars was much greater than could be necessary to decontemplated, before he voted for the resolution of the fray the legitimate expenses of holding a treaty. He pregentleman from Connecticut, [Mr. Foor.] But, as he sumed, therefore, that it was intended to form a part of would probably obtain the information from the Commis-the consideration to be given for the lands which were sioner of the Land Office, or the Committee of Inquiry to be obtained by the treaty. This he considered impromight obtain and present it to us, he was willing the dis-per, because, if the money was paid to the Indians imcussion should go on; still he was surprised that any at-mediately, the treaty would be carried into effect before it tempt should be made to smother investigation. should have been submitted to the Senate for their appro

Mr. FOOT said he had supposed that his proposition to bation and ratification; thus depriving that body of its conrefer this subject to the Committee on the Public Lands, stitutional right, and executing the treaty without their composed exclusively of Senators from the States most sanction. The proper course was to stipulate in the treaty deeply interested, would have screened him from any im- what should be done by the United States-then to submit putation, and even the slightest suspicion of unfriendly it to the action of the Senate, and, if approved by them, feelings or sinister views, in offering this resolution for execute it in good faith according to its terms. inquiry merely. His object was to obtain information, Mr. WHITE replied that the purchase money was not and he knew of no committee better qualified to give full contemplated in the bill, but an appropriation sufficient information on this subject; it was their peculiar province; to defray the expenses of holding the treaty. It was nehe had full confidence in that committee, that all the cessary for the purpose of entering on any negotiation information would be communicated in their report, if the with the Indians to subsist them and their families while resolution should be referred to them, of which he could the treaty was going on. It was also necessary to give not entertain a doubt. But if the Senate should refuse to them presents, as every one knew who was acquainted let this resolution for inquiry go to the committee, the with the matter. The expense of holding Indian treaties Senator from Maine [Mr. HOLMES] could then obtain from was, he said, very great, but he did not know that this apthe Department the information he desired, and he [Mr.propriation would be all required. However, if any balF.] hoped the Senator would not delay the decision on ance remained after the object of the bill will have been the resolution, by renewing his motion for postponement. accomplished, it will not be lost. Mr. HOLMES said he would not renew the motion; he did not wish delay.

Mr. SPRAGUE said that the explanation of the Senator from Tennessee, who was at the head of the CommitMr. BENTON opposed the resolution. He said he tee on Indian Affairs, had not removed his objections to would not, at the present advanced hour of the day, enter the amount of the proposed appropriation. Is the sum of into a statement of the reasons which induced him to op- forty thousand dollars necessary to defray the expenses of pose it. He would, however, to-morrow, undertake to merely holding a treaty? With what nation does it cost show the mischievous consequences which would result to half that sum to negotiate? But it was said we must make the new States from the adoption of this resolution, not-provision for presents to be made to the Indians at the withstanding it only proposed, as was said, an inquiry. [Here the matter dropped for to-day.]

THURSDAY, JANUARY 14, 1830.

INDIAN AFFAIRS.

time of the negotiation. He believed that he understood how this power to make presents had been sometimes exercised. When the Indians, the primitive, original proprietors of the soil, were unwilling to part with their lands, particular chiefs, or other influential individuals, were applied to, their necessities and their cupidity were The following bill, to enable the President to extinguish appealed to, their promises and appetites were solicited, the Indian title within the State of Indiana, was read a and presents were made to them to purchase their consent second time, and considered in Committee of the Whole: and their influence, to sacrifice the interest of their tribes, "Be it enacted, &c. That the sum of forty thousand dol-to betray the trust reposed in them by their nation. Such lars be, and the same is hereby, appropriated, for the pur-practices he reprobated, and he would not willingly put pose of holding Indian treaties, and extinguishing Indian into the hands of our commissioners the means of resorting title within the State of Indiana." to them. He would appropriate a sufficient sum to pay

Mr. WHITE briefly explained the objects of the bill, our own agents and commissioners, and their necessary which he said was reported in consequence of a memorial expenses. He would leave the other party with whom we received from the State of Indiana, stating that the Legis- are about to make a solemn compact, to act freely and inlature of that State had appropriated a sum of money for dependently, according to their own conviction of their the purpose of cutting a canal through a part of the coun-interest. Upon these terms he would treat, or not at all. try in which a large number of Indians now resided We He wished not to acquire their property, nor divest them of all know [said Mr. W.] that there will be constant colli- their lands, unless it were done honestly, fairly, and justly. sions between the laborers who will be engaged in the con- Mr. HENDRICKS said he would vote for the approstruction of this canal and the Indians who inhabit the sec-priation which the bill proposed; and although it might tion of the State through which it is to pass, and it is for be that the whole amount would not be required to defray the purpose of preventing the carnage and bloodshed the expenses of holding the treaty, yet he was confident which must ensue from these collisions, that this bill has that whatever remained unexpended for that purpose been reported. It was very desirable to have these In-would not be lost; it would be returned to the treasury. He dians removed, which could be effected much more casily considered the opposition to this bill arose from a misconat this period than when the canal will have been made ception, as well of its principles, as of the objects it had in through the country. The committee were of opinion view; and he was confident when gentlemen came to a corthat the sum mentioned in the biil would be required for rect understanding of these points, their opposition would holding the treaty, and for subsisting the Indians and their cease. It was impossible [Mr. H. said] to treat with the families while holding it. Mr. W. concluded by calling Indians without making them presents. We must treat with the attention of the Senate to the facilities which would them as they are, and not as the Senator from Maine and now be experienced in making this purchase, and to the the Senate would wish them to be; and it would be idle to opportunity which it afforded of carrying into effect what think of entering into any negotiation with them without mawas regarded as the settled policy of the country-the re-king an appropriation adequate to subsist their women and moval of the indians beyond the Mississippi. children, who always accompany them on such occasions.

Mr. SPRAGUE objected to the amount of the appro- Mr. H. illustrated the necessity of such an appropria

JAN. 14, 1830.]

Indian Affairs.

[SENATE.

and he hoped the bill would meet the approbation of the Senate.

tion, by a reference to the treaty of the Wabash, in 1826 at which he was present. Fifteen thousand dollars had been appropriated to defray the expenses of holding that Mr. WHITE, in reply to the observations made by the treaty to feed them on the ground; and for that purpose gentleman from Maine, [Mr. SPRAGUE] as to the presents, the appropriation was, perhaps, sufficient. But the com- or rather, according to his view of them, bribes given to missioners found it necessary to advance them goods; to one the Indians, remarked that they were not given secretly, tribe upwards of thirty thousand dollars, and twenty or thir- as he intimated his suspicion, to the chiefs of the nation, to ty thousand to another. For this purpose it was necessary seduce them from their path of duty, but were given opento purchase on the ground, at exorbitant prices, to in-ly to the nation, to use them according to their own interdemnify the merchants for the contingency of an unau- nal regulations. They would not negotiate without these thorized transaction, and a subsequent appropriation by presents, which, indeed, he thought should be more proCongress. It is obvious, that, under such circumstances, perly called a consideration in part of the value of the purthe Government must have paid more for advances in chase made. The Indians divide these presents amongst goods than would have been necessary if the money had themselves, and apportion them according to their notions been in the hands of the commissioners. Mr. H. said, we of their rank and distinction of their headmen. Is it not would have ample security that the funds would be reim- better [said Mr. W.] to make an agreement with them, bursed, and the advances properly accounted for, if the and pay them in the shape of presents, than to terminate Senate should not ratify the treaty: for we pay these In- all negotiations with them, as would be the consequence dians, at the present time, large annuities, which place it of the adoption of the principles advocated by gentlemen? im our power to indemnify ourselves for any loss we may It cannot be considered in any sense offensive to the delisustain. We pay to the Miami Indians twenty-five thou-cacy or morals of any man. Mr. W. repeated, that there sand dollars, and to the Pottawattamies, six thousand dollars, was no secrecy employed in making these presents-that as annuities, and we can retain these sums, and cover ad- they were usual--and without their being made, no negovances, should the treaty not be ratified. Such stipula- tiations could be proceeded with. No man could say what tions were made in the treaty of the Wabash, and he pre- sum it would be necessary to appropriate for the presents, sumed they would be inserted in any treaty which should &c. As to the sum of the rations, we must [he said] subbe hereafter made.

sist all their families: for they, not like the whites, bring But to the necessity of the treaty. The Miamies, consist- their wives and children with them to the treaty ground. ing of about eleven hundred souls, principally reside on If they did not, and were not confident of being supported a few reservations on the southern shore of the Wabash. there, they would not negotiate at all. If a treaty thus Through these reservations the Wabash canal had already made is to be considered unfair, then he would say that no been located. True it is, [said Mr. H.] that, by the treaty treaty has been concluded fairly with these people in moof 1826, the State has a right to make this location, and dern times. Entertaining these views, [Mr. W. said] the to appropriate six chains in width for the use of said canal; Committee had recommended the appropriation of forty but nothing could be more obvious or certain than that the thousand dollars as sufficient to cover the expenses of the intercourse between the Indians, and the whites already treaty. He therefore hoped the bill would be agreed to. surrounding them, together with the laborers on the canal, Mr. KING said he was opposed to the passage of the within their own territory, would engender strifes and bill, not from any objections he had to the principle of it, animosities, which would terminate in blood. This tribe, but because he thought the appropriation was too large. [said Mr. H.] is perhaps the most vicious and depraved on From the letter of the Secretary of War, it appears that the continent. They exhibit human existence in its worst there are only four thousand Indians, who are the remand most degraded form. Surrounded by the white po- nants of different tribes, now inhabiting the State of Indipulation, it is impossible to exclude them from the use of ana. Can any one then suppose that so large an approardent spirits. They get drunk, and commit murders, priation as forty thousand dollars will be required to defray not only on their own territory, but in the organized coun- the expenses of a treaty with these miserable people? His ties of the State. The present seemed to be a proper time objections did not arise from any fears he had that the comto give additional impulse to the humane and judicious missioners would exercise an undue influence over the policy of settling them west of the Mississippi. Various chiefs of the Indians, by making them presents, which gencircumstances induced this belief. The Legislature of the tlemen so much apprehended. Gentlemen did not underState would probably, at its present session, extend the stand what was meant by giving them presents, unless the jurisdiction of her laws over the Indian territory, as the gentleman from Tennessee [Mr. WHITE] had satisfactoriStates of Georgia and Alabama had heretofore done. He ly explained it to them. But what he objected to especihad just seen a paper from the seat of Government of that ally was, the distributing of goods among the Indians, while State, which informed, that the Judiciary Committee of the treaty was in progress, to a very large amount, and one branch of the Legislature had reported favorably to thus rendering it imperative on the Senate to ratify their that object. This would strongly incline them to emigrate. treaties, however objectionable they may be, or to lose He had recently been informed of another circumstance. the immense sums of money thus expended. He was opA murder had latterly been committed among themselves posed to this practice, and, for his own part, would never in the county of Cass, adjacent to their boundary. The sanction it. He therefore hoped the gentlemen who supmurderer was an influential person of the tribe. He had ported the bill would consent to reduce the appropriation been indicted, and well knew the penalty of the law into a reasonable sum, and enable those who are friendly to such cases. It was not probable he would ever be taken, its principles to vote for it. When the treaty with the nor was it desirable he should. He would go beyond the Creeks and Choctaw Indians was proposed, twenty thouMississippi, and his clan would follow him. Others would sand dollars was only appropriated to defray the expenses follow in their rear, and the inclination to sell, if not now of it, although they exceeded in number forty thousand universal, would soon become so. Mr. H. said that the souls. If the appropriation of this bill were reduced to a Pottawattamics were much more numerous than the Mi-reasonable amount, he should give it his cordial support. amies, and their country more extensive, but less valuable Mr. SPRAGUE said that he was not opposed to negotiatin proportion to its extent. There were but the two tribes ing with the Indians for the objects of the bill, but to the in the State; their numbers about four thousand; their means proposed in order to attain it. The Senator from territory between four and five millions of acres. The Tennessee [Mr. WHITE] supposed that he had misapprepresent seemed to be a propitious moment for extinguish-hended what was meant by the term presents. He willing their whole title, and for getting them out of the State, lingly accorded to that gentleman the utmost purity of in

VOL. VI.-3.

SENATE.]

power.

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tention; but, whatever might be intended by him, he [Mr. which we have ratified, every one has been preceded by S.] had not misunderstood the manner in which this pow-presents, and accompanied by a liberal allowance for the er to make presents had been sometimes exercised. We daily support of the nation. It is a new course, therefore, do know, that, in order to get a treaty, secret and confi- that is to be prescribed to the Executive. Heretofore, the dential agreements have been made by our commissioners mode of making a treaty has been to invite the head men with certain chiefs, to give them large sums to procure of the nation to hear our proposals; if they accept the protheir assent and influence, agreements which they dared position, they come accompanied by all the warriors of the not make known to the tribe, and which were to buy them nation, bringing with them their wives, and the talk is deover to our interest, and to render them false and treach-livered in a public assembly. It is considered by the whole erous to their own people, who had confided to them a sa- tribe, and the answer is dictated by the council of the nacred trust. Mr. S. said he wished every agreement to ap- tion. All this it appears is now to be changed. The savapear on the face of the treaty, that they might know what ges are to be told, we have appointed commissioners to stipulations had been made, and with whom, and, there-treat with you. Do you appoint ministers on your part. fore, was unwilling to place in the hands of our commis- We will pay ours, do you pay yours. When they meet sioners large sums of money which they might dispose of they will exchange their full powers, and then proceed rein secret and confidential negotiations with individuals.gularly and diplomatically to negotiate. No more provi There was no necessity for giving to our agents such a sions to feed your wives and children while the treaty is proceeding; no more presents: you are a civilized and indeIt was said, indeed, that we must subsist the Indians du-pendent people, and we mean to treat you as such, and ring the negotiation, and not only the chiefs, but the war-the first step we take is, by making no provision for your riors, and their women and children; that all must be support while the treaty is going on, to prevent your atdrawn from their homes to the treaty ground; that rations tending it. Your chiefs, who make the treaty, then canmust be issued for their daily food; and something in the not consult you; it will be concluded without your knownature either of presents or payments must be given them ing any thing about it, and we shall have obtained your in hand. And why is this necessary? How do the Indian lands very diplomatically at our own price. What answers, chiefs subsist themselves, in their own councils, when we sir, would be made to such an address, if the Indian tribe are not present? what is the necessity of gathering togeth-could be made to understand it? Depend on it, that if er the females and their infants? You thereby place them any essential change is made in cur mode of treating, the in our power, and, after a short time, their own food be-treaties you have just ratified will be the last you will ever ing exhausted, we can offer them the alternative of submis- make; you must treat with barbarous or half civilized peosion to our terms, or starvation. He believed he under-ple, according to their customs, not yours. We have alstood what had sometimes been the process of obtaining a ways done so; not only with our Indian, but with the Barcession of Indian lands. The chiefs, the head men, the bary Powers. We have necessarily done so; to refuse it wisest and most sagacious, were opposed to selling their would be to refuse to treat; and every one acquainted with country. They were operated upon, not only directly, the habits of the savage tribes, must know that they must but indirectly. Large quantities of goods and merchan-assist at the treaty in a body, and must be subsisted while dise, particularly such as are most attractive to the savage it is negotiating; and that the negotiation would be immetaste, are ostentatiously displayed to the assembled multi-diately and necessarily broken off if the necessary supplies tude; they are told. if a bargain shall be concluded, these were withheld. As to the amount of the appropriation, shall be yours; if not, even the daily food which you now Mr. L. would be guided by the report of the Committee, bayreceive shall be withheld; the women and children are ing no data by which he could estimate the proper amount. brought to influence their husbands and fathers by their There was one sentiment, [Mr. L. said,] in which he entreaties and their wants; the young and thoughtless entirely agreed with the Senator from Maine, that of a among the warriors are made to press upon the older and marked disapprobation of any secret emoluments given, more reflecting, and all to operate upon the chiefs, to sub- or stipulated to be given, to the chiefs who signed the due their firmness, and seduce them to our will. We may treaty; gratifications to them in proportion to their rank be told that this is the only mode of treating with the In- and power in the tribe, he believed, had been usual and dians, and that we cannot otherwise obtain their lands. If might be proper, provided it were known and approved it be so, [said Mr. S.] which he doubted, still the end can- by the tribe; but a secret donation he could, for obvious not sanctify such unhallowed means. These feeble rem-reasons, never approve. The passing this appropriation, nants of once mighty nations are in our power, at our mer- however, he did not think would sanction any such procy. He wished to obtain no treaty from them by the ceeding. weight of such extraneous aid as the measures he had described. If, without such appliances, they will not cede to us the inheritance of their fathers, let them retain it.

Mr. FRELINGHUYSEN said he was constrained to oppose the passage of this bill, and for the very reasons urged in its favor. It may, perhaps, arise from my ignorMr. LIVINGSTON said that a disposition had lately ance of the subject, [said Mr. F.] but I confess, sir, that manifested itself to consider the savage tribes in our terri-heard with great surprise the fact announced by an honotory and under our protection, as already civilized, and en-rable Senator, that it was impossible to treat with the Intitled to all the respect in our intercourse with them, with dians, unless we made them presents. If this be indeed which equal and independent Powers were treated in our so, I protest, in the face of this Senate, and of the world, diplomatic intercourse. The Senator from Maine, [Mr. that all negotiation should cease with them. Can it be SPRAGUE] in this spirit, thinks, that to negotiate our trea- that no cession of their lands can be obtained, no compact ties with them no other appropriation is necessary than to formed with these tribes, unless we bring to bear upon provide a salary for our commissioners, leaving the Indians, them the influence of our gold? That their consent is to if I understand his objection, to provide for the salary and be bought-that the only way of access is (to call things outfit of their own ministers. This proposition has, at by their right names) through bribery and corruption? I least, the merit of novelty: for, from the original settle- can hardly accredit an intimation so humiliating to ourment of the country to the present day-from the first trea- selves. Sir, has a fair experiment ever been made? If ty held by the benevolent Penn, whose transactions with not, it is surely time. We owe it to our national characthe natives will not be reproached with fraud or ill faith; ter to adopt other means. When has the Senate ever whose gifts to the Indians are on record in his treaties, and been informed that negotiation had been fruitless, because whose manner of treating with them has been accurately de- of the absence of the corrupting agency of our money? lineated by the pencil of West-from that treaty, to the last What commissioners have ever reported such a failure

JAN. 14, 1830.]

Indian Affairs.

[SENATE.

for such a cause? I beg, sir, that we may meet them on much. Their chief was a Canadian-he might call him equal, manly terms; such as become a great People treat- a Canadian Frenchman. He has a house, and generally ing with a feeble race. Let them be approached with ho- resides, at Montreal. During the war he occasionally renorable proposals; let the terms and conditions be dis- tired there, for what purpose could not be well ascertaintinctly stated; let them look at our side of the bargained; but we saw enough of his operations to convince us full in its face, and then, if they accord a voluntary ac- that he was not friendly to us. What, then, is to become quiescence, and conclude the contract, it will be well. I of us, thus surrounded? Will the Indians work? asked desire to see such a negotiation conducted in a spirit Mr. N. No; they will roam at large in the forests, and which this august body will approve, in which these tribes will plunder and destroy whatever comes across them; shall have acted freely, unseduced by the influence of and if any opposition is offered to them, they will satiate money, and unawed by the presence of chiefs, corrupt- their appetites in the blood of our unprotected wives and ed by individual and extravagant gifts. The Hon. Sena- children. If, then, we have the feelings of humanity we tor from Louisiana [Mr. LIVINGSTON] has referred us to profess, we should not hesitate a moment to make this the Barbary Powers, and inquires whether such means appropriation. As to talking of holding treaties with are not constantly employed in all diplomatic intercourse these people as with civilized nations, it was an idle loss of with them? It may be so, sir. But these are distant, in- time. As to what was said about leaving a blot on our dependent nations, towards whom we are strangers. The national character by giving them presents he [Mr. N.] Indian nations are, at most, but dependent sovereignties did not believe a word of it. If the gentleman from under our guardianship, and to whom we have promised Maine [Mr. SPRAGUE] can show on what principles of naprotection. And can it be for a moment tolerated, that a tural law he can make a white man or an Indian honest, guardian shall, by the force of extraneous and corrupting then I shall agree with him that this appropriation ought motives, obtain from the ward his lands? Where is the not to be made.

tribunal that would not frown indignantly upon such a Mr. FRELINGHUYSEN said that he was not opposed procedure? But it is said that this has been an uniform to the bill, as the Senator from Indiana [Mr. NOBLE] practice for many years; that it has grown almost into a seemed to apprehend, but he wished that the influence of prescriptive privilege. The plea cannot avail us: for we presents to the Indians would be kept out of operation while led the way; we first held out these lures to beguile; and I submit it, sir, to this honorable body, if it be not time to arrest this practice. Let us deal with these men as we do with the rest of mankind--upon open, equal, and just terms; such as our country and the world will sa nction; such as future history, in its impartial retrospects, will not censure and condemn.

Mr. KING corrected a mistake which the Senator from New Jersey [Mr. FRELINGHUYSEN] had fallen into with respect to the presents made to the Indians. Presents were always made to them; no treaty was ever made without them; and the Indians accept them without believing that they are offered to them as bribes. Mr. K. concluded by moving to amend the bill by striking out the words "forty thousand," and inserting, in lieu thereof, "twenty thousand."

On the motion of Mr. HOLMES, the question was divided; and the motion to strike out was agreed to.

the treaty was in progress. He repeated, he desired to
throw no obstruction in the way of the negotiation.
The question on the amendment proposed by Mr.
KING was then put, and carried in the affirmative.
Mr. McKINLEY then moved to amend the bill by ad-
ding the following section:

"And be it further enacted, That no secret present, or consideration, shall be offered or given to the chief or chiefs of the tribe or tribes of Indians with which said treaty may be holden."

The amendment was agreed to-Yeas 24.

The bill being then reported to the Senate as amended, Mr. HENDRICKS rose and said, that he could not be silent when the question was about to be taken in the Senate on the amendment which had just been adopted in Committee of the Whole. He thought its adoption would be a reflection upon the integrity of the Executive, and upon the commissioners appointed to make the treaty. Mr. NOBLE said that the gentleman from New Jersey It would also be a reflection upon the integrity of all here[Mr. FRELINGHUYSEN] had addressed himself to the pas- tofore concerned in ncgotiating Indian treaties. The sions rather than to the judgment of the House, in the section offered for the adoption of the Senate, presupspecimen of pulpit eloquence which he had given us. posed abuses which he believed had no existence. The gentleman has indulged in his passion; I hope, said did not know of any undue influence heretofore exercised Mr. N., I will be permitted to indulge in mine. We must in making Indian treaties. That which this section would defend ourselves from the incursions and rapine of these remedy, was found in almost every treaty ever made with lawless tribes; and I would ask, Is it against the laws the Indians; but it was produced, not by the commissioneither of God or man to protect ourselves from the carnage ers, but stipulated for by the Indians themselves. [Mr. and bloodshed which these tribes inflict upon us? We HENDRICKS quoted the provisions of several Indian treaare surrounded by these Indians, and are daily and hour- ties.] Here [said Mr. H.,] are brick houses provided for; ly exposed to their rapacious violence. The object, then, reservations of land for certain individuals and families, These were made in conformiof this appropriation, is to lead this people beyond our set- and donations in money.

He

tlements, and to obtain for ourselves quietness and secu- ty with the wishes of the individuals composing the tribe, rity. But if this appropriation is refused-if our People who certainly have it in their power to say, that A shall are to be cut off day and night, we will not any longer receive more than B; but these arrangements never bewait for the assistance of the Executive officers; we will fore were called bribes, nor can the officers of the Govundertake our own defence; and it is no easy task to per-ernment fairly be charged with impropriety in such stipusuade the brave and hardy people of the West from the lations. Mr. H. repeated, that, as the adoption of the pursuit of the Indians, when they have assailed our rights amendment could be considered in no other light than as or property. But what is the abuse which is apprehend- a reflection on those who are constitutionally charged ed by gentlemen? Will not the money thus appropriated with the negotiation of the treaty, he hoped it would be be placed under the control of the President of the Unit- rejected.

ed States, by whom the commissioners are to be appoint- Mr. McKINLEY replied, that the practice of giving seed, who will have the management of it? Was not this, cret presents to the head men of the Indian tribes with Mr. N. asked, a sufficient security against the apprehend- whom we treat, is of recent date, and it ought to be dised abuse? Who then can doubt that it will not be proper- couraged as soon as possible. He believed the most ef ly expended? In the last war, this tribe of Indians, at fectual method of putting an end to the practice was by the instigation of British emissaries, annoyed us very inserting such a provision as he had proposed in the law

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