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H. OF R.]

Ohio River.-The Judiciary.--Western Armory.

[FEB. 23, 1831.

session; but, if the United States have a claim for their at any time? We all admit the propriety of supplying value, I presume those gentlemen will pay it over, should the country with arms, and that an armory on the Western they sell for more than the expenses attending them, which, of course, are very considerable.

waters would greatly conduce to that desirable result, and a majority, no doubt, are in favor of the abstract propos So far as regards myself, I am ready to transfer to the tion, that it is proper to have some such establishment. United States any right, title, or interest I may have in What, then, is the difficulty? Why, forsooth, that there them, should it be required. are so many sites for this establishment, that all the wis With great respect, I have the honor to be your obedi-dom of Congress cannot make a selection of any particu ent servant, lar one; and we are gravely told that we must delegate authority to the President because we cannot agree among ourselves. Here is a practical lesson, which ought to be

To the PRESIDENT of the U. S.

CHAS. RHIND.

The subject was referred to the Committee on Foreign well studied by the people of this country. If many ar

Affairs.

The House then adjourned.

WEDNESDAY, FEBRUARY 23.

OHIO RIVER.

mories were required, no doubt we could get them all through by some means; but one only is much more diffi cult to establish than many. And is this confession to be thus made public by a Congress which professes a perfect capacity for adjusting all the difficulties in the great busi

Mr. LETCHER, from the Committee on Internal Im-ness of internal improvement? How to discriminate beprovements, to which was referred the memorials from inhabitants of the States of Ohio, Kentucky, and Missouri, praying for an appropriation for such an improvement of the Ohio river as will render the same navigable, at all seasons, as high up as Pittsburg, for small steamboats, made a favorable report; which was read, and laid on the table.

THE JUDICIARY.

The resolution then came up proposing to print 6,000 additional copies of the judiciary reports.

Mr. FOSTER resumed his remarks, and occupied the small residue of the hour. That having expired, he stated that he should conclude, in fifteen minutes more, all that he had to say on the subject, if the House would indulge him; but the House refused to suspend the rule.

WESTERN ARMORY.

The engrossed bill for the erection of a national armory on the Western waters was read the third time; and being on its passage,

Mr. LEA moved to commit the bill to the Committee on Military Affairs, with instructions to amend the same so as that the armory should be located "as near the southeastern part of the Union as an eligible site can be bad."

tween what is or is not national? How to apply a just scale of preference in selecting objects? and then in the practical locations among various contending routes? Our knowledge of the various interests and topography of the whole country is so perfect, that we know how to regulate even the roads and canals all over it; but we are utterly unable to indicate in which end of the Union we desire a national armory. It must be on "the Western waters," somewhere between the Northern lakes and the Southern gulf.

Mr. L. said it might not be expected of Congress to designate the precise spot for the armory, but certainly we ought to be able to tell in what quarter of the Union we desire to have it. There are two already: one in the North, at Springfield, Massachusetts, the other near the centre, at Harper's ferry; and cannot we determine on the propriety of placing the third as far towards the other end of the Union as it can be conveniently located? Or must we leave it to Executive direction, of which we can speak only with uncertainty, but which might place it far north on the Western waters, for example, at Pittsburg, which seems disposed to arrogate superior pretensions on this subject, and thus give three armories in one end of the Union, and leave the other entirely destitute?

Mr. L. said he did not expect the co-operation of those Mr. LEA rose, and said he could not consent for this representing rival positions of the West, for his experience bill to be put on its final passage in this House without yet had taught him how futile it was, in general, to expect limaking an effort to remedy its imperfections. The pres-berality, or even justice, against such local, interested insure of amendinents, and the previous question, yesterday, fluences. He did not pretend himself to be entirely cut off the opportunity for such a proposition; and, Mr. exempted from them; and, although no site in his district L. said, he voted for the bill then, not so much because he might be competing for this armory, yet his constituents, approved of its present form, as from the hope of having and the neighboring country, did not doubt that public poanother opportunity of improving it. As the bill now licy required the location in that quarter somewhere. And stands, the President would have a range of discretion in considering it as, perhaps, the only work for public defence selecting a site for this contemplated armory on the West- which they could hope to have located among them, they ern waters, almost from the Northern lakes to the Gulf of took a lively interest in the subject, and their pretensions Mexico. To delegate such a discretion to the Executive were such as to justify pressing them earnestly and confiis derogatory of ourselves, a dereliction of our own duty, dently on the consideration of Congress. Mr. L. st an abandonment of our own business, and transferring his brethren of the West could not suppose that he took it to the hands of another. If this power, in the hands any pleasure in this collision. It seemed to be the una of the President, would be patronage, he ought not to voidable consequence of local interests, and those who have it--if responsibility, it should not be thrown from are free from such influences ought to make an impartial ourselves on him. In both respects, the transfer would be decision. He called on gentlemen from every quarter unjust and unwise. When such a principle is involved, having no local interest in the matter, to settle the differ we are not to inquire what particular individual fills the ence among those who have, with enlarged views and Executive chair, and sacrifice that principle to per- liberal principles. sonal confidence, or, perhaps, to the hope of some very Mr. L. said he did not intend to discuss the compara contingent local advantage. Mr. L. supposed that no one tive advantages of any of the particular sites in question would consider him as objecting from want of confidence He did not expect Congress to do more than to circum in the present Executive, who might be regarded as scribe the range of selection within reasonable bounds eminently qualified for such a business. No! he was not His proposition was one of practical character, avoidin disposed to transfer such a power to any man, at any time, the inconveniences of being either too general or too pa unless some great emergency should seem to require it; ticular. He would support it by a few prominent cons and more especially would he avoid it in the present con-derations, which he conceived to be perfectly unanswe juncture. But what can be the necessity for such a course able.

FEB. 24, 1831.]

District Affairs.--Public Documents.

{H. of R.

If equality of distribution be desirable, let gentlemen to promote economy, by making one armory answer the look on a map of the United States with a view to this ob- purposes of two, and, by that means, also, accommodating ject, and see where our two armories are now located, and two portions of the Union, instead of one, and each of they cannot fail to perceive the evident propriety of locat- them better than by any other locations. ing the third one as now proposed, which would be on some branch of the Tennessee river.

Let us, at the same time, show that we have some capacity for transacting our own business, and not confess an incapacity, and transfer our powers to another.

Mr. VANCE observed that he would have been willing for the bill to pass, though, in its present shape, be was rather indifferent about it. He did not, however, think it of sufficient importance to consume the remainder of the session, to the exclusion of all other business; and he, therefore, moved that it be laid on the table.

By thus locating it, both the South and the West would be better accommodated than either could from any other lo- Mr. WICKLIFFE moved to amend Mr. LEA's motion, cation; and one such armory would answer both these parts by striking out the location there proposed, and inserting of the Union better than two situated any where else.to submit to this House the place which he (the Presi This statement may appear bold in the estimation of those dent) may select, for the final ratification of Congress." who have not examined the subject, but investigation will Mr. JOHNSON, of Kentucky, replied to Mr. LEA; and show its 1.teral correctness. As to the South, in the first several others rising to speak, place, from Virginia to Louisiana, the streams hasten from the high lands to the Atlantic or the Gulf, affording but little community of inland navigation among any of the States; but it is remarkable that the waters of the Tennessee, on the other side of the high lands, in making a course corresponding, in some degree, to the coast, are almost united with all the principal rivers of the South, and affording a ready facility, to be continually improved, of throwing arms into all the South. Moreover, the price of making arms on the Tennessee waters would be less than in the South, by more than the difference of transportation. Gentlemen of the South are sensible of these things, and are understood to acquiesce in the proposition before us, being without any expectation of an armory among themselves. But, in supplying the South, the Tennessee must stand without any rival in the West, for the appointment of commissioners to digest, prepare, The House proceeded to consider the bill to provide inasmuch as it completely intervenes between the South and any other Western stream. Other advantages for the and report to Congress, at the next session thereof, a code Southern supply will appear in favor of the Tennessee, of statute laws, civil and criminal, for the District of Cowhile examining its superiority for supplying the West, which now comes in order.

The motion prevailed, and the bill was ordered to le on the table, (tantamount to rejection,) yeas 98, nays 56. Mr. SPENCER, of New York, then moved to suspend the rule, for the purpose of enabling him to move to take up the bill respecting the silk culture; but the motion requiring two-thirds, was lost.

lumbia.

DISTRICT AFFAIRS.

Some debate arose on the expediency of this bill, in On all the Western waters, there is no great difference which it was opposed by Messrs. WILLIAMS and BUin the prices of labor and of provisions. The Tennessee CHANAN, and was advocated by Messrs. MERCER and country is nowhere surpassed, if anywhere equalled, in DODDRIDGE; and, after an unsuccessful motion to lay variety and extent of water power. It abounds in mine-it on the table,

The bill was ordered to be engrossed for a third reading--76 to 72.

THURSDAY, FEBRUARY 24.

PUBLIC DOCUMENTS.

rals of many kinds, but especially in iron ore, from which iron is now sold cheaper, perhaps, than in any other part of the Union. Stone coal is found in different places, but has not yet been much used, on account of the abundance of other fuel. Pittsburg is, in part, supplied with iron from some parts of the State of Tennessee, and not those where iron is cheapest--a fact of itself conclusive as to the principal items of the calculation. How stands the comparison as to navigation? The Tennessee unites with the Ohio, not far above the mouth of the latter. If it be desir able to have arms on the Ohio, either to be retained there, or to be sent to any other part of the Mississippi waters, they can be taken down the Tennessee into the Ohio, it all seasons of the year. The navigation of the Tennessee will no doubt be greatly improved; yet there may always be difficulty, at some seasons, in ascending the river, and hus approaching the Southern States; but the downward avigation may always be relied on, in case of emergency, Mr. EVERETT opposed the motion, as commitment, ven at lowest water. One other circumstance, if other at this stage of the session, would be tantamount to a rehings were equal, ought to be conclusive. The Tennesee is so far south as not to be obstructed by ice, like the jection of the bill.

on the Library, reported a bill making provision for a
Mr. EVERETT, of Massachusetts, from the Committee
subscription to a compilation of congressional documents,
[from the commencement of the Government to the burn-
ing of the capitol, in 1814--proposed to be compiled and
Printed by Gales & Seaton;] which being twice read,
necessity of the work, moved that it be ordered to be en-
Mr. EVERETT, referring to the expediency, indeed,
grossed for a third reading.

Mr. LEA moved to commit the bill to a Committee of

the Whole House.

The motion was negatived-61 to 74. Ohio and more Northern rivers. At critical periods, the Mr. WICKLIFFE and Mr. HOFFMAN made some reower Mississippi, and also the Southeast, might be sup-marks in opposition to the bill.

died with arms from the Tennessee river, while the upper Mr. LEA then moved that the bill be laid on the table. Ohio would be locked in ice. Add to these considerations, On this question the yeas and nays were taken, and

hat an armory on the Tennessee waters would have per-being 86 to 86, the SPEAKER Voted in the affirmative, and ect security from any public enemy, and would be situ- the bill was laid on the table. ted most conveniently for that population which must ways be relied on to aid in defending the Southern Atintic and Gulf frontier.

DISTRICT OF COLUMBIA.

Mr. L. said he would not consume time by presenting The engrossed bill to provide for the appointment of ther considerations, or by enlarging on these. But he commissioners to prepare a code of laws for the District ould again call on the disinterested portions of the House of Columbia, was read the third time, and the question settle this controversy, when they have the opportunity on its passage was taken by yeas and nays, and being yeas f doing so, in a spirit of equality and justice, and so as 76, nays 96, the bill was rejected.

VOL. VIE --50

H. or R.]

INTERNAL IMPROVEMENTS.

Internal Improvements.

The House proceeded to the consideration of the bill making appropriations for carrying on certain roads and works of internal improvement, and providing for sur

veys.

Some debate arose on an objection by Mr. CARSON to the appropriation of five thousand dollars for a military road in the State of Maine--in which Mr. C. opposed it, and Messrs. VERPLANCK and ANDERSON supported it; and the appropriation was finally agreed to.

Mr. PETTIS moved to amend the item for improving the Ohio and Missouri rivers, by inserting "Missouri, and adding at the end,

"And the President of the United States is hereby authorized to cause to be expended a part of the said sum of fifty thousand dollars in removing obstructions to the navigation of the Missouri river, within the limits of the State of Missouri, in the same manner as is provided in the second section of the act of 24th May, 1824, for improving the navigation of the Ohio and Mississippi, if it be ascertained that the obstructions to the navigation of the Missouri are of equal or greater importance than those remaining to be removed from the Ohio and Mississippi rivers." Mr. P. earnestly supported his amendment, but it was negatived.

On the item of fifty thousand dollars for the improvement of the navigation of the Ohio and Mississippi rivers, a long debate took place. It was opposed by Mr. I ARCHER at some length, on principle, as well as on the inexpediency and inutility of the particular appropriation. From the nature of the river, the obstructions could not be permanently removed, and he wished to know how long these appropriations would be necessary. The appropriation was advocated by Mr. WICKLIFFE and Mr. CROCKETT--by the latter gentleman repeatedly; and Messrs. VERPLÁNCK and GILMORE participated in the defence of the item. It was eventually agreed to.

On the item of one hundred and fifty thousand dollars for the improvement of the Ohio coming up for con

currence,

[FEB. 24, 1831.

minimis, before they shall rise into importance enough to
belong to that other grade of nationality. This can clear
away small obstructions, sand bars, and anti-national snags;
that can remove mountains. The fifth and last class is an
example of our highest potency, and goes for a thorough
improvement of the Ohio river as far up as Pittsburg.
Mr. Speaker, can you tell me what committee is most
entitled to this bill? That of Ways and Means, it seems
to me, is among the last that ought to have any thing to
do with it. What have we? Territorial works; military
road; national surveys; commercial obstructions; great
national improvements! Sir, I move that it go to the Com-
mittee on Internal Improvements, with instructions to re-
port separate bills for these various classes of objects.
How are we to vote on this compound? It is unjust to
compel members to do so. No two of these classes, sub-
mitted separately, could get the same vote in this House.
It is not the case of many items, all resting on the same
principle; and even there it is wrong to have an exten-
sive combination; but all these classes depend on differ-
ent principles, in the estimation of some gentlemen here;
and must they swallow poison, or not eat at all?

Mr. Speaker, these combinations are unfavorable to the correctness and the purity of our Legislature. Human frailty ought not to be thus tempted to do what is wrong, rather than forego some particular advantage. I speak on acknowledged principles; and, taking to myself what impute to others, I repeat the idea, that the practice of such combinations is alarmingly dangerous to the purity of our actions here. Who willingly trusts himself in such a case, forfeits, in some degree, the confidence of others. On this motion, and the item of one hundred and fifty thousand dollars, considerable debate ensued, in which Messrs. LEA, ARCHIER, VERPLANCK, CARSON, and SUTHERLAND joined.

Mr. CROCKETT said he was opposed to the motion to recommit, for several reasons. First, the object of the motion was to destroy the passage of the bill. It was late in the session, and, if recommitted, the bill could not be acted upon at the present session.

Mr. LEA objected to the bill on the ground of its com- We expected to hear the doctrines advanced by that prising so many heterogeneous objects; and moved to gentleman; we heard his sentiments a year ago upon the recommit the bill, for the purpose of having the analogous principle. For his own part, Mr. C. said, he had always appropriations classed in separate bills. He said it was supported the system of internal improvements, and, as difficult to say what committee should be selected to make he expected to be consistent, he should continue to supthis assortment. Sir, said he, this dish is a sort of French port that system upon principle, at least until he was betcookery, which requires almost a chemical process to dis- ter informed than at present. Although, said Mr. C., our tinguish the original elements of which it is composed. great man, at the head of the nation, has changed his Where did it come from? Originally from the Committee course, I will not change mine. I would rather be poof Ways and Means; but some ingredients have been litically dead than hypocritically immortalized. The more added to it since. And what is it now? A mixture of more I become acquainted with the great value of the improvevariety, probably, for the aggregate amount of it, than ments in question, the more I am satisfied of their utility was ever before presented to this House--not a variety of in a national point of view. I presume the improvement items so much as of principle. One class consists of im- of the Ohio and Mississippi rivers is as much a work of provements in territories, about which there is not much, national importance as any improvement in the country. but some, diversity of opinion. Another class exhibits At the commencement of that work it may have been what is called a military road in the State of Maine, hav-slighted by the managers, but I am persuaded that no man ing a different division of advocates and opponents. A acquainted with the mode now pursued can doubt the third class consists of a general appropriation for surveys expediency of continuing it. of national character, involving all that farrago of political metaphysics with which we are accosted at every turn, which every body professes to understand, and nobody can explain; which answers certain purposes in theory, but vanishes in practice. A fourth class seeks the improvement of the Mississippi and Ohio rivers, by removing what are called "partial and temporary impediments" to navigation; and this is to be done under an alleged dis- Those State rights gentlemen who are opposed to ap tinction between improvements for foreign commerce and propriations by the General Government for purposes o other internal improvements; and thus the constitution internal improvement, may think that the navigation c would seem to be stamped on a sheet of elastic gum, to those rivers ought to be improved by the States. I shoul be extended as circumstances may require. But I am like to know what State is to take charge of the Mississip yet at a loss to know how far it may be extended, or of pi, and to clear the obstructions of that river. what magnitude may be the objects of this power; de hope the question will be taken, that we shall adopt th

The gentleman from Virginia asks how long this appro propriation is to be continued? I answer, as long as the Mississippi runs. What is money compared with the live of the people engaged upon that river; or the appropria tion compared with the amount of property which float upon it? Sir, the produce of thirteen States finds its ma ket by means of these rivers.

Sir, I d

FEB. 25, 1831.]

The Judiciary.--Public Documents.--Indian Treaties.

amendment of the gentleman from Kentucky, and pass the

bill.

[H. OF R.

their views. He would, therefore, now move the previous question; which being seconded,

Mr. PETTIS asked for the yeas and nays; but they were refused.

Mr. STERIGERE moved that the resolution lie on the table. Negatived.

PUBLIC DOCUMENTS.

My colleague [Mr. POLK] says he hopes the appropriation for the surveys will be stricken out-I hope it will not. He says he has been a supporter of the present administration, and that he still supports it. I was also a supporter of this administration after it came into power, The previous question was then carried, and the quesand until the Chief Magistrate changed the principles tion being put on the adoption of the resolution, it was dewhich he professed before his election. When he quitted cided in the affirmative-yeas 140, nays 32. those principles, I quit him. I am yet a Jackson man in principles, but not in name. The name is nothing. I On motion of Mr. EVERETT, of Mass., the rule was support those principles, but not men. I shall insist upon suspended, (two-thirds concurring,) for the purpose of it that I am still a Jackson man, but General Jackson is not; taking up the bill laid on the table yesterday, to authorize I hope the motion to a subscription to Gales and Seaton's compilation of the doThe motion to recommit was lost-yeas 62, nays 107. cuments of Congress prior to the burning of the capitol; and the bill was then taken up-94 to 76. Mr. POLK then moved to strike out the appropriation of twenty-five thousand dollars for surveys, and argued at some length against the appropriation. Mr. BUCHANAN and Mr. CROCKETT advocated the appropriation, and the question being taken on striking it out, it was negatived by the following vote:

he has become a Van Buren man. recommit will not prevail.

YEAS.-Messrs. Alexander, Allen, Alston, Anderson, Angel, Archer, Barnwell, James Blair, Bockee, Bouldin, Brodhead, Cambreleng, Campbell, Carson, Chandler, Claiborne, Clay, Coke, Conner, Craig, Crocheron, Davenport, Desha, De Witt, Draper, Drayton, Earll, Findlay, Foster, Fry, Gaither, Gordon, Hall, Halsey, Holland, Hoffman, Cave Johnson, Perkins King, Lea, Lent, Lewis, Loyall, Lumpkin, Magee, Thos. Maxwell, McCoy, McIntire, Nuckolls, Patton, Pettis, Polk, Potter, Rencher, Roane, Sanford, Aug. H. Shepperd, Shields, Speight, Taliaferro, Wiley Thompson, Trezvant, Tucker, Camp. P. White, Wickliffe, Wilde, Williams.-66.

advocated it.
Mr. WICKLIFFE opposed the bill, and Mr. CHILTON

the motion was seconded, and carried by yeas and nays-
Mr. CONDICT then moved the previous question, and
87 to 82.

Mr. SPEIGHT moved a call of the House, but the motion was negatived.

third reading, and carried by yeas and nays-93 to 92. The question was then put on engrossing the bill for a

INDIAN TREATIES.

The House then went into committee, Mr. POLK in the chair, on sundry appropriation bills. The first taken up was the bill for carrying into effect certain Indian treaties.

Mr. MCDUFFIE moved to insert an appropriation of eighty thousand dollars for carrying into effect the Choctaw treaty recently ratified by the Senate. He moved the amendment by direction of the Committee of Ways and Means, and not because he felt any necessity for it himself.

NAYS.-Messrs. Armstrong, Arnold, Bartley, Bates, Baylor, Beekman, John Blair, Boon, Brown, Buchanan, Burges, Butman, Cahoon, Childs, Chilton, Clark, Cole- Mr. BATES, of Massachusetts, said he regretted not man, Condict, Cooper, Coulter, Cowles, Crane, Crawford, to see the chairman of the Committee on Indian Affairs in Crockett, Creighton, Crowninshield, John Davis, Deber- his place. In this dark sea he thought the House had a ry, Denny, Doddridge, Dudley, Duncan, Eager, Ells- right to know from the pilot by what course, or what star, worth, George Evans, Joshua Evans, Horace Everett, it was sailing. If the Indians are the citizens of the States, Finch, Ford, Forward, Gilmore, Grennell, Gurley, Haw- and subject to the jurisdiction of the States, as contended kins, Hemphill, Hodges, Howard, Hughes, Hunt, Hunt- for, he would thank any disciple of the school of strict ington, Ihrie, Thomas Irwin, William W. Irvin, Isacks, construction, or of any other, to show the authority of Johns, Richard M. Johnson, Kendall, Kennon, Kincaid, this Government to purchase their land, to remove Leavitt, Lecompte, Letcher, Lyon, Martindale, Lewis or educate them as proposed. Mr. B. said some of his Maxwell, McCreery, McDuffie, Mercer, Miller, Mitchell, constituents wished to sell their lands, and would be very Muhlenberg, Pearce, Pierson, Ramsey, Randolph, Reed, thankful if the Government would buy them out and aid Richardson, Rose, Russel, Scott, William B. Shepard, Sill, in their removal. If the Indians are in fact independent Smith, Ambrose Spencer, Richard Spencer, Sprigg, Stan- nations or tribes, as he supposed they were, then no difbery, Standefer, Sterigere, Henry R. Storrs, William L. ficulty appears in the case; but if they are citizens of the Storrs, Strong, Sutherland, Swann, Swift, Taylor, Test, States, and subject to the jurisdiction of the States, he saw John Thomson, Tracy, Vance, Varnum, Verplanck, Vin- no power in the Government to interfere. The policy ton, Washington, Whittlesey, Edward D. White, Wilson, seems to be, to consider them as independent for all purYancey, Young.--109. poses beneficial to us, and as citizens for all purposes prejudicial to them. He hoped some one of the committee would favor the House with their views upon this obscure subject, that its course might be uniform.

The bill was then ordered to be engrossed for a third reading; and

The House adjourned.

FRIDAY, FEBRUARY 25.

THE JUDICIARY.

The House took up the resolution of Mr. C. P. WHITE, proposing to print six thousand additional copies of the reports pro and con of the Judiciary committee, on the propriety of repealing the twenty-fifth section of the judiciary act of 1789.

Mr. FOSTER resumed the floor in favor of the repeal, and spoke half an hour in conclusion of his remarks; when Mr. EVANS, of Maine, rose, and observed that it could now no longer be said that those who coincided with the report of the majority of the committee, had not had full opportunity for discussing the question and advocating

Mr. LUMPKIN said that he did not intend at that late hour (being 10 o'clock P. M.) to make an Indian speech. No, sir, said Mr. L., I have more respect for myself, and for the House, than to consume a moment of time, that may not be demanded in reply to the gentleman who had preceded him in this debate.

The chairman of the Committee of Ways and Means, who proposed this amendment, had informed the House that the sum specified was necessary to meet the stipulations contained in the Choctaw treaty.

We, said Mr. L., not only have the gentleman's word for it, but the President of the United States has sent the treaty itself to the House, that every gentleman may examine it for himself; and he who will take the trouble to do so, will not only find that the gross sum of eighty thou

[blocks in formation]

sand dollars is required, but he will see the guardian care
of true friendship manifested to these sons of the forest,
in the various items which make that gross amount.
He will see provisions made for schools, churches, the
mechanic arts, and for furnishing these people with cattle,
to graze and roam and multiply in the beautiful natural
meadows of their new Western home.

[FEB. 25, 1831.

Georgians were not the true friends and benefactors of the Indians, they would be entirely indifferent upon the subject of this appropriation. The provisions of the Indian bill of the last session provides all the requisite means for the removal of the Indians. But, by the late treaty with the Choctaws, further stipulations have been entered into, highly important to the interest of the Indians. The Sen Sir, said Mr. L., I must express some surprise, with all ate have ratified that treaty. The appropriation of the my respect for the honorable chairman of the Committee money is now asked of this House-and with astonishment of Ways and Means, [Mr. McDUFFIE,] at the view which we see the whole of the political missionaries place themhe has taken of this subject. He tells you that he pro-selves in the most hostile attitude to the interest of their posed this amendment, rather as a performance of a duty red brethren and beloved allies, the Indians, who have which devolved on him from the position which he occu- so often been pathetically wept over by their pretended pies as a member of this House, than from a belief that the friends in different sections of this Union. appropriation is necessary to carry the treaty into effect. Since the commencement of the present session of Con He has arrived at the conclusion that the bill of the last gress, have we not seen the proceedings of the Legisla session providing for the emigration of the Indians affords ture of the State of Massachusetts assuming the preroga to the Executive the necessary funds to comply with the tive of sitting in judgment upon heathen affairs in genestipulations of the Choctaw treaty, and consequently that ral. They have modestly denounced General Jackson the appropriation of eighty thousand dollars is unneces-and Georgia. They have instructed their Senators and sary. Mr. L. said he must beg leave to differ with the Representatives in Congress to use their influence to rectihonorable gentleman; he [Mr. L.] concurred with the fy the supposed wrongs of the President and Georgia, which President of the United States, in the construction which they have been deemed guilty of, in what the Legislature he had placed upon the Indian bill of the last session. No- of Massachusetts considers violations of Indian rights and thing in that bill could be found to authorize the building sovereignty. Their Representatives here [Messrs. BATES of school-houses, churches, and the purchase of cattle, and EVERETT] have faithfully obeyed their instructions. (and other items contained in the treaty,) for the Indians And how have they done it? By making speeches on who might emigrate from the cast to the west of the Mis- matters and things in general, relating to Indian affairs sissippi. By attempting to wrest from the President of the United The President of the United States, and his political States his official prerogative and discretion in the mode friends who coincide in his views on the subject of Indian of the payment of Indian annuities, and making him subemigration, are not only the professed friends of the red servient to the power of President Ross and his Northern man, but they are friends in reality; they are disposed to allies? By withholding the means of complying with treaty prove their faith by their works; they not only wish to re-stipulations? And by endeavoring to provoke Georgia move the Indians from the States, but they are anxiously and her public functionaries to acts of indiscretion? The disposed to better their condition, and, if possible, elevate plan of our opponents, said Mr. L., is obvious. With all their character, and add to the comfort and welfare of their professions of devotion to the interest of the Indians, these perishing remnants of the aboriginal race of this vast their conduct proves they care nothing about them, furcontinent. Every consideration of justice, magnanimity, ther than to use them as a pretext to irritate, agitate, and and enlightened policy, connected with the present and goad on the South to acts of indiscretion. To weaken future history of our republic, demands at our hands a libe- the bonds of the Union, by causing the Southern States ral policy towards the Indians. On subjects relating to to commit hasty acts of imprudence, that may palliate or the disbursement of public money to promote the interest plead an apology for the designs and measures of the of the Indians, we should not hesitate to be liberal. In North, in days that have gone by. I trust that my belov the present case every expenditure contemplated will not ed South will not be hurried on to any act of indiscret.on. only be reimbursed to the treasury, from the proceeds of That we may not suffer our affections to be alienated from the lands acquired from the Choctaws, but a very conside- the people of any portion of this Union by the various rable surplus will arise from that source. The friends of provocations of those who are engaged in the unholy works emigration stand pre-eminent in liberality to the Indians. of discord and distraction. I have neither time nor dispoThe enemies of this policy, prodigal in public expendi-sition, said Mr. L., to notice all the absurdities of our op tures generally, are great economists touching all appro- ponents. I must draw to a close, by admonishing our oppriations relating to the comfort, improvement, and pros-ponents to cast the beam out of their own eye, before they perity of the Indians. attempt to meddle with the mote in the eye of others. But, if the destiny of heaven does not forbid it, Presi- Sir, said Mr. L., the people of Massachusetts, having dent Jackson, and his friends who co-operate with him, will evince to the world, that, notwithstanding the obstacles thrown in their way by their opponents, they have been successfully engaged in a work founded in wis dom, benevolence, and christian philanthropy. Mr. L. said he would now call upon his Massachusetts opponents, Georgia understands her constitutional rights, and she [Messrs. BATES and EVERETT,] as well as all their cowill preserve them. "No new State shall be formed out workers, to prove the sincerity of their professed friend- of any part of any State, or parts of States, of this Union, ship to the Indians, by their votes. The case presented, without the consent of the Legislatures of the States con said Mr. L., is simply this: will you leave the Indians in cerned, as well as the Congress of the United States." their new Western homes-naked and destitute? Or will Congress has no constitutional power to prejudice the you provide for their comfort, instruction, and benefit, according to the stipulations of the treaty?

The President and his friends have a thousand times been falsely accused of entertaining unkind and oppressive views towards the Indians, as disregarding their interest, and only desiring their removal, from selfish and immoral considerations.

Now, sir, said Mr. L., if President Jackson and the

long since destroyed and consumed their own Indians, i their own way, without molestation from any body, I would advise them not to interfere longer with the South ern States in the efforts which they are making to save their Indians.

claims of any State of this Union to its territorial rights of jurisdiction. Moreover, it is the imperative constitutions duty of the United States to protect each and every State of the Union, not only from invasion, but from domestic violence. Again: The enumeration, in the constitution, ‹ certain rights shall not be construed to deny or dispa rage others, retained by the people." Ninth amendmcu of the constitution.

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