H. of R.]
Removal of the Indians.

[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.

367;

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
about to adjourn, 467. Committee reported, and the Indians in that State, and against the inter-
the Senate adjourned, 457.

course law of 1796, 245; proposition to amend
Appropriation bill, taken up, 246.

BO as to include the laws of Georgia extending
Appropriations for light-houses, beacons, and buoys, bill jurisdiction over the Cherokees, 245; further

making, taken up, 432; amended, and ordered to amendment proposed, to include the laws of all
a third reading, 433.

the States concerning Indian relations, 246;
bill detained by President United States for further amendments adopted, and resolution agreed to,
consideration, 457.

247.
Army of the United States, bill authorizing the President Hunt, Theodore, resolution calling for the reasons for the
to mount and equip ten companies of the, taken

removal of, from the office of recorder of land
up, and ordered to a third reading, 272, 274.

titles in Missouri, taken up,

debate thereon ;
Attorney General, bill to reorganize the establishment of 367 to 374; laid upon the table, 374.

the, taken up, and postponed, 276, 277; again Impeachments. (See Peck, James H.)
taken up, debated, and laid on the table, 822, Indian tribes, biù for the relief of persons who have lost
323, 824; again taken up, amended, and laid on property by the depredations of, taken up, 11.
the table, 404.

Indian agencies, bill authorising the President to divide,
Baltimore and Ohio railroad bill, authorizing a subscription in certain cases, taken up, 128 ; ordered to a third

of stock in, taken up, 453 ; proposition to amend, reading, 129.
and debates thereon, 453, 454, 455; bill laid on Indiana, bill to enable the President to extinguish the In-
the table, 465.

dian title within the State of, taken up, 16; de-
Canals. (See Louisville and Portland)

bate thereon, and amendments proposed and
Carson, James, register of the land office at Palmyra, in adopted, 17, 18, 19, 20, 21; bill laid on the table,
Missouri, resolution calling for the reasons of his

21; again taken up, 284.
removal, taken up, 384; laid on the table, 386. Indians, resolution calling for information respecting the
Coins, resolution adopted to consider the state of the cur-

progress of civilization among the, taken up, 42;
rent, 1.

amended and adopted, 43.
Congressional documents, resolution authorizing a sub bill to provide for an exchange of lands with,
scription to a compilation of, taken up, 84.

and for their removal west of the Mississippi,
Controversies between States, bill to prescribe the mode of taken up, and amendment proposed, 305; again

commencing, prosecuting, and deciding, taken up, taken up, and amendment withdrawn, 807; bill
409; motion to postpone, 409.

resumed, various amendments proposed, and
Currency, resolution submitted to inquire into the expe debate thereon, 309 to 320, 324 to 339, 343 to
diency of establishing a uniform national, 3;

357, 359 to 367, 374 to 377, 380, 381, 382, 383;
adopted, and sundry papers on the subject refer bill ordered to a third reading, 883; returned
red to the committee, 3.

from the House of Representatives with amend.
Deaf and Dumb, bill making donation for New York io ments, 456; further amendments proposed and
stitution for the education of the, taken up, 302;

negatived, and the amendments of the House of
various amendments proposed to include similar Representatives concurred in, 466.
institutions in other States, 802; amendments Interest to certain States, bill for allowing for advances
adopted, 304; further amendments proposed, during the war, taken up, amended, and post-
ordered to be printed, and the bill to lie on the poned, 1, 2.
table, 305.

Internal improvement, bill making appropriations for ex-
* Duties, taxes, &c., bill for the abolition of, notice given of aminations and surveys, and for certain works of,

its introduction, 172 ; leave given, and bill read taken up, 340; amendments proposed and adopt-
the first time, 179; further considered, and bill ed, 340; further amendments proposed, and de-
withdrawn, 245.

bate thereon, 340 to 343; bill ordered to a third
Duties, bill to reduce the, on coffee, tea, and cocoa, from

reading, 343.
the House of Representatives, with amendments Lands, resolution proposing to limit the

sales of the public,
proposed by Committee on Finance, taken up, and of abolishing the office of surveyor general,
428; amendments agreed to in part, and bill or taken up, 3; debate thereon, 4 to 7; postponed,
dered to a third reading, 428, 432.

7; again taken up, 11 ; debate thereon, 11 to 16,
Duties on imports, bill to exempt certain merchandise from

22 to 30; motion to amend, 80 as to hasten the
the operation of the act of 1828, imposing, taken

sales, and extend more rapidly the surveys, 30;
up, debated, and rejected, 452, 463.

modifications of the amendment proposed, and
Executive powers, potice given of a proposed motion to debate thereon, 31 to 41; motion to postpone in-
transfer the discussion on the subject of, from the

definitely, 41; debate thereon, 43 to 172; 179 to
executive to the legislative journal, 11 ; decided

220; 223 to 244; 247 to 272; 277 to 302; 436
to be out of order, 11.

to 462.
Fulton, Robert, resolution submitted and adopted, to in bill for the relief of the purchasers of the public,

quire into the expediency of granting a portion of from the House of Representativer, with amend.
the public lands to the heirs of, 21.

ments, taken up, 274; further proposition to
bill to recompense the heirs of, rejected on the amend negatived, and the amendments of House
third reading, 247.

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.
proposed and negatived, and the bill ordered to President of the Senate, casting vote of, 43.
a third reading, 321.

pro tempore, elected, 456.
Lands, bill to graduate the price of the public, taken up, documents. (See Congressional Documents.)

409; again taken up, 413; amendments proposed viding for their compensation, taken up, 305;
and adopted, 413, 414; motion to postpone inde amended, and ordered to a third reading, 306,
finitely, 417; debate thereon, 418 to 421; post-

307; passed, 809.
ponement negatived, and the bill ordered to a Reed, Mr., of Mississippi, his death announced, and pro-

third reading, 421; motion to refer the bill to the ceedings thereon, 1.
o na Commissioner of the Land Office, with instruc- Removals from office. (See Carson, James, and Hunt,
tions, 423 ; proposition pegatived, 427; ordered

to Theodore.)

be
third reading, and title amended, 427.

De resolutions submitted, calling for the bumber of,
Louisville and Portland canal, bill to authorize a subscrip: the names of officers, and the reasons for their

tion of stock to, taken up, and ordered to a third removal, 385; postponed indefinitely, 396.
Sur reading, 227; bill detained by President of the Smith, Mr., of Maryland, elected President pro tempore of
United States for further consideration, 457.

the Senate, 456.
Mails, resolution to prohibit the transportation of the, on Solicitor of the Treasury, bill to establish the office of, no-
at bear the Sabbath, taken up, debated, and laid on the vist tice given of its introduction, 404; bill introduced,
table, 427.

and read the first time, 405.
Marine service, resolutions calling for information in rela- Smyth, Mr. Alexander, of Virginia, his death announced,
bral i. tion to, taken up, 220; debate thereon and reso and proceedings thereon, 357. et
jutions agreed to, 221, 222, 223.

South Carolina railroad company, petition of, asking a
Massachusetts, bill to authorize the payment of the claim o subscription to the stock, presented and referred,
of, for militia services, introduced, 9; taken up,

21, 22.

191
357, ordered to a third reading, 359. Dabul Surgeon General of the navy, bill creating the office of,
Meredith, Mr. appears as counsel for Judge Peck, 456. bol taken up, amended, and ordered to a third read-
Mileage to members of Congress, bill to establish an uni ing, 321, 322.

form rule for the computation of, taken up, 10; Ten, coffee, &c. (See Duties.)
referred to select committee, 11.

Virginia State line in the war of the revolution, bill for the
Military peace establishment, bill to reduce and fix theo Mini relief of the officers and soldiers of the, taken up,
81 taken up, 2 ; motion to strike out the preamble, 421; amended, and ordered to a third reading, 423.

and debate thereon, 2, 3; motion negatived, and Washington turnpike road company, bill authorizing a sub-
bill laid on the table, 3.

Balqabs ad unkyan scription of stock in, taken up and postponed, 7;
Mounted infantry. (See Army.)
New York, memorial from citizens of, asking protections 10 ann taken up, and ordered to a third reading,

881 427; returned by the President of the United
for the Indians, presented, 7 ; debate on the print. ad States, with his objections, 456; reconsidered and
ing and reference, 7; laid on the table, 8.

rejected, 456.
Order, points of, decided, 11, 31, 169, 245.

Wirt, Mr., appears as counsel for Judge Peck, 432.
Patent Office, bill for the further regulation of, taken up, Yeas and pays on third reading bill to compensate the
377; debate on proposed amendments

, 377 topun heirs of Robert Fulton, 247.
Peck, James II, impeachment of, by a committee of the lunar on third reading Louisville and Portland canal bill,

GO steg
House of Representatives, 883 ;, proceedings on amending survey and internal improvement bill,
38 su thereon, 383, 384; committee appointed to con- als 340, 343.
Parte sider and report upon the matter, 384; report of etsy on third reading bill to remove Indians west of the

Bild a committee, 385; nuessage from the House notifi Mississippi, 383.testet
dieta de ing the appointment of managers to conduct the son postponing bill explanatory of the pension laws,
i su impeachment, 405; order of arrangement adopt-ou 405. aptist

ed, 406; articles of impeachment read, 411; sumon postponing bill to graduate the price of the pub-
Dewmons issued for the appearance of, to answer,hamba lic lands, 421.
b.418; summons returned, appearance of, and an buio on third reading same, 421.

swer, 432; trial postponed, 432 ; trial resumed, so on third reading bill for the relief of officers and
Dis so 455 postpoued till next session of Congress, soldiers of the Virginia State line in the revolu-
456.

Lo cavistionary war, 423.
Pensions laws, bill explanatory of the acts in relation to, et on referring bill to graduate the price of public
lama taken up, 396; debate thereon, 396 to 404; again lid Llands to Commissioner of the Land Office, 427.
taken up, and indefinitely postponed, 405.

on ordering same to third reading, 427.
Pre-emption rights, bill to grant, taken up, 8 ; postponed,con on third

reading Washington and Rockville turnpike
de 9: taken up, and motion to recommit negatived, til road bill, 427. mas
fra 11; bill passed, 11.

o but mus on third reading bill to exempt certain merchandise
President of the United States, annual message of, com suo from the operation of the tariff act of 1828, 458.
21 ott municated, 1.

on laying on table bill authorizing a subscription to
balt message from, returning, with his objections, the cor all the stock of the Baltimore and Ohio railroad
03 bill authorizing a subscription to the stock of the company, 455.
sa Washington turnpike road company, 456.

on passing same, after being returned by the Presi-
ako detains the Louisville and Portland canal bill, and woodent, with his objections, 456. now stron

at we desidera u steinatrosib sdt mutants

1