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H. of R.]
[MAY 18, 1830. make a treaty binding, it is necessary that it should be would submit to the committee some considerations evincmade by the authority of the United States, and this is all ing the impolicy of the passage of this bill
, growing out of which is necessary. This authority is delegated to the the enormous expense which will attend its execution, and President and Senate, and, when exercised by them, the the utter appihilation which it will cause of the tribes who States have agreed that it is duly made. Whereas, as to may remove to their contemplated residence west of the a law, it must be made in pursuance of the constitution, Mississippi. But I have already exhausted my strength and of this the judicial department is constituted the in the discussion of the other interesting questions connectjudge. Now, these treaties have been made by the Pre-ed with the bill. I shall leave these topics to my friends sident, and ratified by two-thirds of the Senate. They who may follow me in this debate. have therefore been made under the authority of the I would not, if I had the power, excite any improper United States ; and thus the States, by becoming parties sympathy in favor of these remnants of a once powerful to the constitution, have declared them to be the supreme race. I will not ask the committee to consider the manlaw of the land. Is it in the power of any State to declare per in which the white man was received by them, when that, in making these treaties, the limits prescribed by be first set his foot upon the shores of the Western world; the constitution, were passed 1 that there was an exercise to the cessions of lands which from time to time they have of power not to be delegated ?
made to the colonies, and to this nation; to their present Ît is, in most cases, a safe rule by which to ascertain the condition as improved in civilization, in morals, and relicorrectness of an assumed principle, by following it out in gion; to their attachment to their present homes, the lands its consequences. What would they be in the case we are which they occupy, the graves of their fathers. No, sir, now considering, if these treaties are invalid? If they are our obligations to sustain and protect them where they void as to the United States, or as to any of the States, now are, are derived from sources which need not the aid they are so as to the Indians. If they cannot be carried of sympathy to give them credit. into effect, in good faith, because they infringe upon the My friend from New York [Mr. STOBRS) pointed out rights of the States, they are inoperative for all purposes. the view which would bereafter be taken of our decision The Indian tribes may aay with great propriety to this on thiş bill, should it become a law. He took us from Government, if you have not the power to fulfil the stipu- this Hall, and assembled us before the tribunal of our own lations contained in the treaties made with us, we are un countrymen, who would pronounce the sentence of conder no obligation, on our part, to comply with them. If deronation ; before the tribunal of assembled nations, who you exceeded your powers, the treaties are at an end. would pass a like sentence; before the tribunal of posAnd what would then be the result? Why, every cession terity, where would be open the volume of history, in of land made by virtue of them is a void grant. The which would be found written in letters of fire, this reboundaries which now circumscribe them, are no longer publio violated its solemn treaty obligations with the Indian fixed and permanent. Every thing conceded by them in tribes, because it had the power
, and was actuated by mothese treaties, is set afloat. Are the States more especial. tives of interest to do it. Sir, our future bistorian will ly benefited by them, prepared for this resulti Are they not have the power of the recording angel, as he writes willing to acknowledge the principle that no permanent this sentence, and drops upon it a tear to blot it out. It rights were acquired for them by the ratification of these will remain there as long as time endures. It is like the treaties?
ulcer of infamy; no balsam can beal it: it is like the wreck If the Indian tribes possess the rights of soil and sove of a ruined reputation; no artist can rebuild it.. I might reignty to the extent which I have attempted to show they pursue the train of thought suggested by my friend from do possess them; if the treaties and laws entered into and New York. I might assemble
this nation before the most enacted by the United States in relation to these tribes, august tribunal ever to be erected—the tribunal of the last are valid, the power to pass this law does not exist, and day. But I shall not attempt to draw aside the veil which its inexpediency is obvious. It takes away from those tribes, conceals the transactions of that day, Divine inspiration or impairs the rights which belong to them. It substitutes bath written for our admonition, and I pray that it may a legislativo enactment, requiring only a majority of both not be repeated, in the retributions of the last judgment, Houses of Congress for a treaty which requires the assent Cursed bē he that possesseth himself of the field of the of two-thirds of the Senate.
fatherless and him that bath no helper, and the congreIf my physical strength was competent to the task, Ilgated universe pronounce the sentence just
INDEX TO THE DEBATES IN THE 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 against treaties formed by the United States with
course law of 1796, 245; proposition to amend
BO as to include the laws of Georgia extending
making, taken up, 432; amended, and ordered to amendment proposed, to include the laws of all
the States concerning Indian relations, 246;
removal of, from the office of recorder of land
titles in Missouri, taken up,
debate thereon ;
the, taken up, and postponed, 276, 277; again Impeachments. (See Peck, James H.)
Indian agencies, bill authorising the President to divide,
of stock in, taken up, 453 ; proposition to amend, reading, 129.
dian title within the State of, taken up, 16; de-
bate thereon, and amendments proposed and
21; again taken up, 284.
progress of civilization among the, taken up, 42;
amended and adopted, 43.
and for their removal west of the Mississippi,
commencing, prosecuting, and deciding, taken up, taken up, and amendment withdrawn, 807; bill
resumed, various amendments proposed, and
357, 359 to 367, 374 to 377, 380, 381, 382, 383;
from the House of Representatives with amend.
negatived, and the amendments of the House of
Internal improvement, bill making appropriations for ex-
its introduction, 172 ; leave given, and bill read taken up, 340; amendments proposed and adopt-
bate thereon, 340 to 343; bill ordered to a third
sales of the public,
7; again taken up, 11 ; debate thereon, 11 to 16,
22 to 30; motion to amend, 80 as to hasten the
sales, and extend more rapidly the surveys, 30;
modifications of the amendment proposed, and
definitely, 41; debate thereon, 43 to 172; 179 to
220; 223 to 244; 247 to 272; 277 to 302; 436
quire into the expediency of granting a portion of from the House of Representativer, with amend.
ments, taken up, 274; further proposition to
of Representatives concurred in, 276.
Land claims in the district of Jackson court-house, bill the bill in relation to light-houses and barbors, for
for confirming certain, taken up, 320; amendment further consideration, 457.
pro tempore, elected, 456.
409; again taken up, 413; amendments proposed viding for their compensation, taken up, 305;
307; passed, 809.
third reading, 421; motion to refer the bill to the ceedings thereon, 1.
De resolutions submitted, calling for the bumber of,
tion of stock to, taken up, and ordered to a third removal, 385; postponed indefinitely, 396.
the Senate, 456.
and read the first time, 405.
South Carolina railroad company, petition of, asking a
form rule for the computation of, taken up, 10; Ten, coffee, &c. (See Duties.)
Virginia State line in the war of the revolution, bill for the
and debate thereon, 2, 3; motion negatived, and Washington turnpike road company, bill authorizing a sub-
Balqabs ad unkyan scription of stock in, taken up and postponed, 7;
881 427; returned by the President of the United
Wirt, Mr., appears as counsel for Judge Peck, 432.
, 377 topun heirs of Robert Fulton, 247.
Bild a committee, 385; nuessage from the House notifi Mississippi, 383.testet
ed, 406; articles of impeachment read, 411; sumon postponing bill to graduate the price of the pub-
swer, 432; trial postponed, 432 ; trial resumed, so on third reading bill for the relief of officers and
Lo cavistionary war, 423.
on ordering same to third reading, 427.
reading Washington and Rockville turnpike
o but mus on third reading bill to exempt certain merchandise
on laying on table bill authorizing a subscription to
on passing same, after being returned by the Presi-
at we desidera u steinatrosib sdt mutants