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make a treaty binding, it is necessary that it should be made by the authority of the United States, and this is all which is necessary. This authority is delegated to the President and Senate, and, when exercised by them, the States have agreed that it is duly made. Whereas, as to a law, it must be made in pursuance of the constitution, and of this the judicial d: is constituted the judge. Now, these treaties have been made by the President, and ratified by two-thirds of the Senate. They have therefore been made under the authority of the United States; and thus the States, by becoming parties to the constitution, have declared them to be the supreme law of the land. Is it in the power of any State to declare that, in making these treaties, the limits prescribed by the constitution, were passed that there was an exercise of power not to be delegated; t is, in most cases, a safe rule by which to ascertain the correctness of an assumed principle, by following it out in its consequences...What would they be in the case we are now considering, if these treaties are invalid? If they are void as to the United States, or as to any of the States, they are so as to the Indians. If they cannot be carried into effect, in good faith, because they infringe upon the rights of the States, they are inoperative for all purposes. The Indian tribes may say with great propriety to this Government, if you have not the power to fulfil the stipulations o in the treaties made with us, we are under no obligation, on our part, to comply with them. If you exceeded your powers, the treaties are at an end. And what would then be the result? Why, every cession of land made by virtue of them is a void grant. The boundaries which now circumscribe them, are no longer fixed and permanent. Every thing conceded by them in these treaties, is set afloat. Are the States more especially benefited by them, prepared for this result? Are they willing to acknowledge the principle that no permanent rights were acquired for them by the ratification of these treaties? If the Indian tribes possess the rights of soil and sovereignty to the extent which I have attempted to show they do possess them; if the treaties and laws entered into and enacted by the United States in relation to these tribes, are valid, the power to pass this law does not exist, and its inexpediency is obvious. It takes away from those tribes, or impairs the rights which belong to them. It substitutes a legislative enactment, requiring only a majority of both Houses of Congress for a treaty which requires the assent of two-thirds of the Senate. If my physical strength was competent to the task, I

would submit to the committee some considerations evincing the impolicy of the passage of this bill, growing out of the enormous expense which will attend its execution, and the utter annihilation which it will cause of the tribes who may remove to their contemplated residence west of the Mississippi. But I have already exhausted my strength in the discussion of the other interesting questions connected with the bill. I shall leave these topics to my friends who may follow me in this debate. I would not, if I had the power, excite any improper sympathy in favor of these remnants of a once powerful race. I will not ask the committee to consider the manner in which the white man was received by them, when he first set his foot upon the shores of the Western world ; to the cessions of lands which from time to time they have made to the colonies, and to this nation; to their present condition as improved in civilization, in morals, and religion; to their attachment to their present homes, the lands which they occupy, the graves of their fathers. No, sir, our obligations to sustain and protect them where they now are, are derived from sources which need not the aid of sympathy to give them credit.

My friend from New York [Mr. STORRs] pointed out the view which would hereafter be taken of our decision on this bill, should it become a law. He took us from this Hall, and assembled us before the tribunal of our own countrymen, who would pronounce the sentence of condemnation; before the tribunal of assembled nations, who would pass a like sentence; before the tribunal of pos. terity, where would be open the volume of history, in which would be found written in letters of fire, this republic violated its solemn treaty obligations with the Indian tribes, because it had the power, and was actuated by motives of interest to do it. Sir, our future historian will not have the power of the recording angel, as he writes this sentence, and drops upon it a tear to blot it out. It will remain there as long as time endures. It is like the ulcer of infamy; no balsam can healit: it is like the wreck of a ruined reputation; no artist can rebuild it. I might pursue the train of thought suggested by my friend from New York. I might assemble this nation before the most august tribunal ever to be erected—the tribunal of the last day. But I shall not attempt to draw aside the veil which conceals the transactions of that day. Divine inspiration hath written for our admonition, and I pray that it may not be repeated, in the retributions of the last judgment, Cursed be he that possesseth himself of the field of th: fatherless and him that hath no helper, and the congregated universe pronounce]the sentence just.

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INDEX TO THE DEBATES IN TEIE SENATE.

Adjournment, joint committee appointed to wait upon the Georgia, motion to print the remonstrance of the State of,

President, and notify him that Congress were
about to adjourn, 457. Committee reported, and
the Senate adjourned, 457.
Appropriation bill, taken up, 245.
Appropriations for light-houses, beacons, and buoys, bill
making, taken up, 432; amended, and ordered to
* a third reading, 433.
bill detained by President United States for further
consideration, 457.
Army of the United States, bill authorizing the President
to mount and equip ten companies of the, taken
up, and ordered to a third reading, 272,274.
Attorney General, bill to reorganize the establishment of
the, taken up, and postponed, 276, 277; again
taken up, debated, and laid on the table, 822,
323,824; again taken up, amended, and laid on
the table, 404.
Baltimore and Ohio railroadbill, authorizing a subscription
of stock in, taken up, 453; proposition to amend,
and debates, thereon, 453, 454,455; bill laid on
the table, 455.
Canals. (See Louisville and Portland)
Carson, James, register of the land office at Palmyra, in
Missouri, resolution calling for the reasons of his
removal, taken up, 384; laid on the table, 385.
Coins, resolution adopted to consider the state of the cur-
rent, 1.
Congressional documents, resolution authorizing a sub-
scription to a compilation of taken up, 84.
Controversies between States, bill to prescribe the mode of
commencing, prosecuting, and deciding, taken up,
409; motion to postpone,409. -
Currency, resolution submitted to inquire into the expe-
diency of establishing a uniform national, 8;
adopted, and sundry papers on the subject refer-
red to the committee, 3.
Deaf and Dumb, bill making donation for New York in-
stitution for the education of the, taken up, 302;
various amendments proposed to include similar
institutions in other States, 802; amendments
adopted, 304; further amendments F.
ordered to be printed, and the bill to lie on the
table, 305.
Duties, taxes, &c., bill for the abolition of notice given of
its introduction, 172; leave given, and bill read
the first time, 179; further considered, and bill
withdrawn, 245.
Duties, bill to reduce the, on coffee, tea, and cocoa, from
the House of Representatives, with amendments
proposed by Committee on Finance, taken up,
428; amendments agreed to in part, and bill or-
if- dered to a third reading, 428,432.
Duties on imports, bill to exempt certain merchandise from
the operation of the act of 1828, imposing, taken
* up, debated, and rejected, 452,458.
Executive powers, notice given of a proposed motion to
transfer the discussion on the subject of, from the
executive to the legislative journal, 11; decided
to be out of order, 11.
Fulton, Robert, resolution submitted and adopted, to in-
uire into the expediency of granting a portion of
i. public lands to the heirs of 21.
bill to recompense the heirs of, rejected on the
third reading, 247.

against treaties formed by the United States with
the Indians in that State, and against the inter-
course law of 1796, 245; proposition to amend
so as to include the laws of Georgia extending
jurisdiction over the Cherokees, 245; further
o amendment proposed, to include the laws of all
the States concerning Indian relations, 245;
* adopted, and resolution agreed to,
247.
Hunt, Theodore, resolution calling for the reasons for the
removal of from the office of recorder of land
titles in Missouri, taken up, 367; debate thereon;
367 to 374; laid upon the table, 374.
i. (See Peek, }. H.)
Indian tribes, bill for the relief of persons who have lost
property by the depredations of taken up, 11.
Indian agencies, #. authorising the President to divide,
in certain cases, taken up, 128; ordered to a third
reading, 129.
Indiana, bill to enable the President to extinguish the In-
dian title within the State of, taken up, 16; de-
bate thereon, and amendments proposed and
adopted, 17, 18, 19, 20, 21; bill iš on the table,
21; again taken up, 284.
Indians, resolution calling for information respecting the
progress of civilization among the, taken up, 42;
amended and adopted, 43.
bill to provide for an exchange of lands with,
and for their removal west of the Mississippi,
taken up, and amendment proposed, 305; again
taken up, and amendment .. 807; bill
resumed, various amendments proposed, and
debate thereon, 309 to 320, 824 to 339, 848 to
357, 359 to 867, 374 to 377, 380,381, 882, 883;
bill ordered to a third reading, 888; returned
from the House of Representatives with amend:
ments, 456; further amendments proposed and
negatived, and the amendments of the House of
Representatives eoncurred in, 456.
Interest to certain States, bill for allowing for advances
during the war, taken up, j and post-
poned, 1, 2.
Internal improvement, bill making appropriations for ex-
aminations and surveys, and for certain works of,
taken up, 340; amendments proposed and o:
ed, 840; further amendments proposed, and de-
bate thereon, 340 to 843; bill ordered to a third
reading, 343.
Lands, resolution proposing to limit the sales of the public,
and of A. the office of surveyor general,
taken up, 8; debate thereon, 4 to 7; postponed,
7; again taken up, 11; debate thereon, 11 to 16,
22 to 30; motion to amend, so as to hasten the
sales, and extend more rapidly the surveys, 30;
modifications of the amendment proposed, and
s: debate thereon, 31 to 41; motion to postpone in-
definitely, 41; debate thereon, 48 to 172; 179 to
220; 223 to 244; 247 to 272; 277 to 802; 485
to 452.
bill for the relief of the purchasers of the public,
from the House of Representatives, with amend-
ments, taken f 274; further proposition to
amend negatived, and the amendments of House
of Representatives concurred in, 276.

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