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FEB. 17, 1837.]

R. W. Meade--Remission of Duties.

[SENATE.

peared before the court only as a witness. The court a military prosecution, when no human being, acquainthad a right to say, if so, they thought his allegations were ed with the facts of the case, believed that the slightest not sustained, but they had no right to pronounce a se- blame could justly attach to him? He had been accused vere censure upon his conduct. of having too much military learning, and of too much Mr. STRANGE made some remarks. He was under-strategy in the planning of his campaign; but what had stood to say that he apprehended much danger of the the course of the campaign since then demonstrated? Senate's getting into a political dispute on a military History had vindicated the correctness of his views; evquestion. The chief complaint of the Senator from ery failure which had since occurred contributed its South Carolina [Mr. PRESTON] was, that the President proof to the same point. The course of those who had had published. But what had he published? That which superseded him led to the same conclusion. The exist could injure any one? Had he refused to sanction the ing state of things was precisely that which General sentence of the court, and given no reasons for the refu Scott had predicted; and those now in command were sal? If he had done this, there might have been ground walking in the very steps which Scott had said they for complaint. But the President had not so much as would be compelled to pursue. Every movement in declared that he did dissent from the sentence. All he Florida had but confirmed his military knowledge, and had said was, that he could not confirm, for want of a fulfilled that which his military foresight had predicted. more distinct statement of the facts. Until these were There remained against his conduct not the shadow of laid before him, he could not form a judgment whether a shade. the decision of the court had been right or wrong. The court themselves admitted that there had been a delay. Mr. S. did not say by whom it had been occasoined. The President, by sending back the proceedings, had occasioned no delay that was improper. As a judicial officer, he could not hasten to judgment. It was true that the President complained that the court had gone out of their way to censure General Jesup, but it certainly did not lie in the mouth of the defenders of General Scott to complain that the President protected General Jesup. Believing that any interference by the Senate would only operate to injure General Scott, I move to lay the resolution on the table.

The question being immediately put, it was negatived: Ayes 17, noes 23.

Mr. PRESTON asked, when the President received General Jesup's letter, accusing General Scott, did he send that back, and call for the testimony? No. Although the letter neces-arily opened the way for the promotion of him that wrote it, and was therefore liable to every possible suspicion which personal interest could create, the President called for no testimony in that case. General Scott was instantly superseded, and transferred to Frederick, while the informer against him was raised to his place; but now, when the court found that the character of General Jesup was involved, and his allega tions unsustained, General Scott was hung up in prolonged suspense, while the President called for testimo

ny.

General Scott had been acquitted, but, instead of being restored to his station at the head of an advancing army, he must wait for testimony. Mr. P. said he was glad to see the President of the United States cautious of the reputation of officers in the United States army; but it was a most extraordinary spectacle to see the com. mander-in-chief of an army thus seized upon, at the suggestion of a private letter; and then, when the court of inquiry ventured to suggest any thing against his second in command, they are immediately censured, and their sentence sent back to them. Had a letter been

sent to the editor of the Globe, secretly assailing the character and conduct of General Jesup, and the court had expressed its disapprobation of General Scott for such a course, would it have incurred the same measure of presidential displeasure? Mr. P. could well compre: hend the feeling which had elicited this expression of indignant feeling from the officers who composed that court of inquiry. Honorable men felt jealous of the characters of high military commanders, and felt themselves called upon by duty to express their opinion of one who could secretly assail them. Yet, the moment they do so, the Senate are reminded of the sacredness of individual character. Where was the sacredness of mili. tary character when General Scott had been hurled from his command on the letter of an informer, and for three months subjected to all the vexation and delays of

Mr. CUTHBERT said he should not reply to the Senator from South Carolina. He was merely desirous that that course should be pursued which would, in the end, be most beneficial to the cause of his friend. The Senator had spoken of General Scott as General Scott of Chippeway; and was not General Jesup Jesup of Chip. peway? He had spoken of him as General Scott of Bridgewater; but did he forget that General Jesup was also General Jesup of Bridgewater? A braver or more thoroughly honest man breathed not the breath of life.

Mr. PRESTON said he had not compared the men. He had compared the conduct of the President to the

two.

The question was now put on referring the resolution to the Committee on Military Affairs, and decided in the affirmative: Ayes 28, noes not counted.

R. W. MEADE.

On motion of Mr. KENT, the Senate proceeded to the further consideration of the bill for the relief of the executrix of Richard W. Meade.

Mr. CLAYTON addressed the Senate at length, in opposition to the bill.

A long discussion followed, in which Messrs. HUBBARD, BLACK, CLAY, DAVIS, and WALKER, participated.

Mr. HUBBARD) moved to amend the bill by striking out the second section, and inserting a provision that the board constituted by the bill should examine the claim, and report the result to the Senate, with the reasons therefor, at the next session of Congress.

Mr. BLACK moved to amend this amendment, so that the award of the commissioners, if any, should be paid to the claimant by the Secretary of the Treasury; and if nothing should be found due to the claimant, the board

should then report, &c.

This amendment was adopted: Yeas 25, nays 15.

The amendment, as amended, was adopted, and the bill was passed by the following vote, the yeas and nays having been ordered on the call of Mr. HÚBBARD:

YEAS-Messrs. Bayard, Benton, Black, Brown, Buchanan, Clay, Crittenden, Cuthbert, Ewing of Illinois, Ewing of Ohio, Fulton, Grundy, Kent, King of Georgia, Sevier, Southard, Spence, Swift, Tallmadge, Walker, Knight, Linn, Mouton, Nicholas, Niles, Norvell, Rives,

Wall-28.

NAYS-Messrs. Calhoun, Clayton, Dana, Davis, Hendricks, Hubbard, King of Alabama, Moore, Page, Parker, Prentiss, Robbins, Robinson, Strange, Tipton, Tomlinson, Wright--17.

REMISSION OF DUTIES.

Mr. WRIGHT said he arose to ask a favor of the Senate. It was late, and he knew well the body was already wearied with the labors of the day; but hoped a compliance with his request would not protract the ses

SENATE.]

Remission of Duties.

sion materially, or prove a heavy tax upon the patience of the members present. He moved that Senate bill No. 88, entitled "A bill to remit the duties upon certain goods destroyed by fire at the late conflagration in the city of New York," be now taken up, and that the orders of the day, general and special, previous to that bill, be postponed for that purpose. Mr. W. said he would make a single remark, as applicable to his motion. The bill contained a single principle: that of remitting or refunding the duties upon goods burned in the original packages, as imported. To the details of the bill he believed no Senator would find any objection, and he was now desirous to make a few amendments, purely of detail, and let the bill pass informally, if it should be the preference of the Senate, to its engrossment; and, upon the third reading, the principle of the bill might be considered and discussed. He did not propose to bring on that discussion now, and, should the Senate gratify him by taking up the bill, he would promise not to occupy its time this evening by debate.

The question was put, and the bill taken up for consideration.

Mr. WRIGHT then moved several amendments, all of which were adopted, and all of which he said were offered in pursuance of suggestions made to him by the most respectable committee now in attendance in behalf of the suffering merchants, or by the persons whom it was proposed to constitute commissioners for adjudication | upon these claims. These persons were the district attorney of the United States for the southern district of New York, the collector of the port of New York, and the naval officer of the said port.

The bill, as originally drawn and reported by the committee, required that all the claims should be examined, and the testimony and judgment of the commissioners returned to the Secretary of the Treasury, and acted upon by him, before any claim could be paid. The object of the first several amendments he had offered was to permit the commissioners to return to the Secretary the testimony taken before them, and their decisions upon any one or more of the claims at any time, that the Secretary may act upon them, and permit the certificates to issue, while other claims shall be in the course of investigation.

In addition to these amendments, he had offered two additional sections to the bill. The first of those sections was to extend to such goods as had been partially (but not entirely) destroyed in the original packages the provisions of the bill, and a relief to the owners of such goods proportioned to the damage and destruction caused by the same conflagration. If the principle of the bill was sound, he could see no reason why that principle should not be extended to these partial sufferers, in proportion to their losses, as well as to those whose property had been totally destroyed; and the section contained an express prohibition against its extension to goods damaged or destroyed after the packages had been broken and the goods taken therefrom.

The other section, Mr. W. said, was an authority to the commissioners to employ a clerk, who should be paid out of the public Treasury. It had been suggested to him to provide in the bill for payment to the commissioners for their services. These persons were all officers of the Government, and two of them, the collector and naval officer, salary officers; and although the district attorney stood upon a somewhat different footing, he had concluded, after mature reflection, that it was not best to incorporate into this bill any provision for the compensation of any of these officers. It was impossible to say what amount of labor it would impose upon them, or how much of their time would be required in the performance of the duty imposed. Knowing those officers personally as he did, he had the fullest confidence that

[FEB. 17, 1837.

That

they would all cheerfully discharge the duties imposed
upon them by the bill, and that without any previous
provision for compensation beyond that pertaining to
their existing offices. When the services shall have
been performed, and the labor can be perfectly known,
Congress can act with certainty in the matter.
these commissioners, however, would require a com-
petent clerk, would be apparent to every one.
claims were numerous, and the proofs might be volumi-
nous. The returns to the Secretary of the Treasury,
required by the bill, would require entire copies of many,
if not all, the papers before the commissioners, and the
issuing of the certificates provided for would require
great clerical labor. Hence he had proposed the pro-
vision for a clerk.

The

These amendments having been adopted, Mr. CALHOUN inquired of Mr. WRIGHT if he could state about the amount of the claims which would be presented under the bill?

Mr. WRIGHT replied that he thanked the Senator from South Carolina for making the inquiry. It had not been, and was not now, his object to discuss the bill, but the inquiry made it his duty to state that a list of the claims, containing the names of the claimants and the amount of each claim, had been furnished to the committee, had been by the committee presented to the Senate with their report of the bill, and was now upon the printed files of every Senator. From the statement, it appeared that there were one hundred and thirty-six individuals and firms claiming a return of duties upon goods destroyed in original packages, and that the amount of their claims, in the whole, was $118,747 39. The number and amount of these claims had been thus obtained. Immediately after the fire, a large committee of merchants had been appointed, to inquire and ascertain, as far as that could be done, the amount of losses, and the names of the sufferers. At that time a list of the sufferers, supposed to be nearly perfect, was made. In December, now last past, that committee had made a call, by a publication in the newspapers of the city, upon all persons who had claims for remission of duties upon goods burned, to come in and authenticate their claims, with a view to their presentation to Congress. These one hundred and thirty-six individuals and firms had appeared, and verified their claims by the affidavits of the respective claimants, which affidavits were now before the Senate with the bill under consideration. These were claims exclusively for goods destroyed in original packages as imported--the only class of claims provided for in the bill. In addition to this list, (Mr. W. said,) be was informed there was another claim, amounting to about $70,000, which was not now presented to Congress, because the subject of the goods destroyed was in litigation between the city of New York and the owners. These were goods destroyed by blowing up with powder the buildings in which they were stored, to arrest the progress of the fire. The buildings were blown up by the order of the authorities of the city, and the owners of the goods thus destroyed were claiming from the city entire compensation for their losses. They therefore could not now come before Congress to ask a remission of duties. The city was resisting these claims against it; and, until a decision of the litigation, it could not be known which of the parties would be entitled to the remission. Still, he was informed that a claim, to the extent he had named, existed in consequence of the destruction of these goods; and it could not be important to the United States how the litigation should terminate, as neither the amount nor character of the claim upon this Government would be thereby altered. This (Mr. W. said) would make the amount of these claims about $500,000--between $490,000 and $500,000.

There was another uncertainty as to the amount, which

Fкв. 18, 1837.]

Papers of Mr. Madison.

[SENATE.

those astonishing discoveries which, in their consequences, have, among other things, converted those elements of nature before supposed to be, only to be controlled by the same Almighty hand which formed them, into the ministers and agents of man, obedient to his will, and subservient to his use. It has enabled man to draw the veil from the face of nature; to inspect her mechanism; and to avail himself of her principles for the augmentation of his own power. It has given him power after power; and is still going on to give him power upon power, as his researches go on in exploring her boundless fields, and in making discovery upon discovery; and to this growing increase of human power, no human being can now assign the possible limits. True, it has not enabled man, as it was fabled of him by the poets of old, to steal the fire from the heavens; but it has enabled him to do more and better-it has enabled

he would here mention. Certain individuals and firms, who filed with the committee of merchants claims for remission of duties last year, had not yet appeared, in pursuance of the call made in December last, to authenticate their claims. He had already stated that 136 individuals and firms had appeared and testified to claims amounting to $418,000, as the duties upon goods destroyed in unbroken packages as imported. In addition to these, 97 individuals and firms had appeared and testified in the same manner to claims amounting to $156,394 57, as the duties paid and payable upon goods destroyed after the packages had been broken and the goods distributed in the shops. No provision was made or proposed for this class of claims. Mr. W. said it was matter of deep regret to him that these claimants could not be relieved; but the Committee on Finance had not believed it safe or wise to extend the principle of the bill to any other than goods destroyed in unbroken pack-him to become an humble pupil in the school of the ages. In addition to these, there were found upon the list of claimants, prepared immediately after the fire, the names of 32 individuals and firms who had not appeared to authenticate their claims in any manner. From the former list it was ascertained that the amount of claims preferred by these 32 houses was $67,976 42; but as it was impossible to say what portion of the sum was for duties on unbroken and what on broken packages, it was not in his power to say how much these claims would add to the amount to be drawn from the public Treasury, if the bill under consideration should become a law.

Mr. CLAY here suggested adding a proviso to some proper section of the bill, that no more than a given amount of money should be drawn from the Treasury under it, and proposed to fix that amount at $500,000.

Mr. WRIGHT said if the honorable Senator would make the sum $600,000, as he hoped he would, he would accept the amendment as proposed.

After some little conversation,

Mr. CLAY adopted Mr. Watonr's suggestion, and moved the proviso, limiting the amount to $600,000.

Mr. CLAYTON objected to any limitation; and, upon taking the vote, the amendment was negatived; when the bill was ordered to be engrossed for a third reading. [The bill was read the third time on the next day, passed, and sent to the House for concurrence.] The Senate then adjourned.

SATURDAY, FEBRUARY 18.

Mr. BENTON presented the credentials of Hon. LEWIS F. LINN, re-elected a Senator of the United States from the State of Missouri, for six years from and after the 4th of March next.

PAPERS OF MR. MADISON.

On motion of Mr. ROBBINS, the joint resolution authorizing the purchase of the manuscripts of the late President Madison was taken up and considered.

Mr. ROBBINS rose and spoke as follows: Mr. President: I consider this work of Mr. Madison, now proposed to be given to the world under the patronage of this Government, as the most valuable one to mankind that has appeared since the days when Bacon gave to the world his Novum Organon. That produced that revolution in analytics, which has produced the immense superiority of the moderns over the ancients in the knowledge of nature, and in the improvement of the condition of human life-the fruit of that knowledge. With Bacon it was a mere theory; a theory, however, which he fondly cherished, and confidently believed would be prolific, as it has been, of the most magnificent results; but in the hands of Newton, and of his other disciples and followers, it became a practical guide to VOL. XIII.-54

Divine Artist; and, by studying his models, to copy his agencies, though at the immeasurable distance which separates a finite from the Infinite Being.

As this Organon of Bacon has been the beacon-light to mankind to guide him to the true philosophy, and to the improvement of his physical condition, so will this work of Madison, as I trust and predict, be his beacon-light to guide him to the true science of free government, and to the improvement of his political condition. The science of free government, the most difficult of all the sciences, by far the most difficult, while it is the most important to mankind; of all the slowest in growth, the latest in maturity. Not the science which has penetrated the causes and explained to mankind the phenomena of the heavens is so difficult; that has been found of easier and more rapid attainment. Indeed, the difficulties to be overcome in evolving this science are so great, that we are to wonder less at its tardy advances, than at its final success. In the first place, it requires the deepest and most perfect insight into the nature of man: of man not only in his general nature, but as modified by society; which every where has superinduced and clothed him with a second nature, denominated habit; and that as diversified as the countries he inhabits. Then it requires that faculty of comprehensive combination, which is the rarest of all the gifts of God to man, and which, whenever and wherever it appears, seems destined to produce an era in human affairs; a faculty of combining into a whole, where the elements to be combined are so various as to be almost infinite; a whole perfect in relation to all its parts, and its parts perfect in relation to the whole. Besides, the perfect model of the free government is not like the perfect model of any other science. Of every other science, the perfect model any where is the perfect model every where, and every where alike perfect. The perfect watch at Washington, for instance, is the perfect watch at Canton, and so all over the globe; but not so the perfect model of the free government: that, though the principles are the same every where, the form varies as the circumstances vary, of the people by whom it is established; to which circumstances it must always be adjusted and made to conform.

Here, with us, the difficulties to be overcome in this achievement, from the nature of the elements to be combined, were stupendously great. In looking back to those difficulties, that they were overcome at all appears to me now little less than a prodigy; and it still fills me with astonishment. For here a combination was required that would produce a structure, perfectly anomalous in the history of human Governments; and such a structure was produced, and as perfect as it was novel. Here were a people, spread and spreading over a vast territory--that stretching and to stretch almost from the rising to the setting sun--this scattered and countless multitude were to be ruled in freedom as one

SENATE.]

Choclaw Reservations.

[FEB. 18, 1837.

people, and by the popular will--that will to be uncon- nomen is the true elixir of national immortality. What trolled in itself, and controlling every thing. Such an has this country, what can she ever have, that would be achievement, the most enlightened friends of freedom an equivalent to her in exchange for the name of her and human rights, in all countries and in all ages, had Washington? that star of stars in the diadems that sparkle deemed to be morally and physically impossible. Be- on the brow of nations? Not the diadem that sparkles sides, here were thirteen States, and all the other States on the brow of Greece, not the diadem that sparkles to be formed out of that vast territory, without being de- on the brow of Rome, has one of equal brilliancy. No; stroyed as States, to be so combined as to form, in the it stands peerless on the earth, and alone in glory. general aspect, but one simple Government; with all the Though it can never be a contest whose name is to do unity and energy of one simple Government; powerful the most honor to our country, and, more than all others, alike to assert and maintain all their rights as a nation, to carry her name, associated with his, and emblazoned against all other nations; and the rights of every individ- by his, down through all the endless generations of man. ual, all over this boundless domain, against every aggres-kind to follow, for all the endless ages of time to come, sor; that is, a Government equally fitted and efficient for all the purposes of peace and war. Such an achievement, often before, and under much more favorable circumstances, because upon a much more limited scale, had been attempted, but never before accomplished; as is but too well attested by the histories and the destinies of all the confederacies that before had ever existed on the earth.

Those confederacies had all proved signal failures as effective Governments, both in war and peace; and entirely for the want of that form of structure and principle of combination that would reconcile absolute sovereignty in the nation with sovereignty in the States, as parts of one nation--as consistent and harmonious parts of one supreme sovereignty. This principle, unexplored | and unknown before, was developed and displayed, most happily so, in the structure of our confederate and national republic.

yet among the names to cluster around his, and to form the constellation (may it multiply to a galaxy) of American worthies, not one will ever shine with a purer, with a brighter, or more inextinguishable lustre than that of Madison.

If, then, this appropriation was merely to express a nation's gratitude to a nation's benefactor, it would be the least it would become her to make. But, besides that, we are to consider that it is to purchase for this country, and for mankind, a treasure of instruction, whose value no money can measure, no figures can express.

Mr. CALHOUN said that he had listened with pleasure and delight to the venerable gentleman from Rhode Island, [Mr. ROBBINS,] and he coincided in opinion with him, that we were indebted to Mr. Madison, at least as much as to any other man, for the form of government under which we live. Indeed, he might be said to have done more for our institutions than any man now living, or that had gone before him.

A great and efficient aid he was, undoubtedly, in form.

which would immortalize him in the eye of posterity-the profound and glorious views which he took of our Government in his celebrated Virginia report. In his opinion, that was by far the ablest document that issued from the pen of Mr. Madison--one from which Mr. C. had derived more information, and a profounder insight into our Government, than all the other documents he had perused.

This work now proposed to be published will unfold to us all the steps of that diversified analysis and discovery which lead to this happy and splendid result. Those who think (if any think) that the result itself-ing the Government. But there was another great act, namely, the constitution-of itself and by itself, will be enough for the instruction of mankind on this subject, are much mistaken. For there is a vast difference between the knowledge which is acquired analytically, and that which is acquired synthetically; the latter is but isolated knowledge; the former is knowledge that is the consequence of other knowledge. Synthesis gives to us a general truth, but acquired in a mode that is barren of other fruit; analysis not only gives to us the same general truth, but puts us on the track of invention and discovery, and is always fertile of other and often of better fruit; synthesis carries us to a fountain head, but never beyond; but analysis carries us beyond, and to the fountain of that fountain; it places us upon an eminence that overtops and overlooks the general truth in the wide survey it commands and gives to us; and as to that general truth, it enables us not only to comprehend it more perfectly, but to apply it more successfully. This is at once a branch and the great instrument of that primal philosophy of which Bacon speaks, and whose cultivation he so highly recommends-the philosophy of philosophy; the common mother of all the sciences, and by which alone their boundaries can be extended. He compares it to the Berecynthia, whom the poets of old fabled to be the mother of all the gods:

"Omnes cælicolas, omnes supera alta Tenentes."

Of such is the nature, and such will be the fruits to mankind, of the work now proposed to be given to the world.

Further to awaken our sensibility on this subject, I need not remind the Senate how much we owe to a name that is to render the name of this country respectable in every other on this globe; the clarum et venerabile nomen. Nations have lived upon the earth who have become extinct, and been lost to the memory of mankind; but never when the clarum et venerabile nomen had illustrated their annals. The clarum et venerabile

Now, if he understood the object in view, it was in direct opposition to the great and fundamental principles of Mr. Madison himself, an adherence to which, he (Mr. C.) solemnly believed, would give durability to the Government under which we were now living.

He wished at some other time (as he was not prepa red at this time) to be heard on the subject, when he would endeavor to satisfy the Senate that, in giving our assent to the appropriation asked for, we should not hon. or the name of Madison. Mr. C. would postpone what he had to say until the third reading of the resolution; and, in the mean time, Senators would have an opportu nity of coming to a full understanding of the subject. The resolution was then ordered to be engrossed for a third reading.

CHOCTAW RESERVATIONS.

The Senate proceeded to the consideration of the bill to adjust certain claims to reservations of land under the 14th article of the treaty of 1830, with the Choctaw Indians.

Mr. BLACK moved to amend the bill by striking out three of its sections, and substituting others in their place.

Mr. B. explained the circumstances of the case, which were in substance these. The Choctaw lands were obtained by the United States in virtue of a treaty held at Dancing Rabbit creek. It was not withou! great difficulty that that treaty was effected; the leading chiefs and the greater part of the nation being strenuously opposed

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to ceding their lands and removing west of the Mississippi. They actually refused to treat, and left the ground, and the treaty was at last made with a comparatively small number of chiefs; nor could it have been effected at all, but for the insertion of an article which provided that such Choctaws as were desirous to remain, and should notify that desire within a given time to the United States agent, should have lands reserved for them, in the following proportion: every head of a family, one section; for every child over ten years of age, half a section; and for every child under ten years, a quarter of a section. The agent was a man of intemperate and careless habits; and when the Choctaws applied to him, giving notice of their intention to remain on their lands, he in some cases refused to receive the application, and in other cases to record it. Proclamation having been made for the sale of the lands, a number of these Indians, who supposed that they were safe in the possession of their lands, had the land sold from under them. Application was immediately made to the President of the United States, who, on being aware of the hardship of the case, issued an order reserving from sale enough land to make up to these Indians the loss they had sustained, and appointed an agent to locate these floating titles, subject to the subsequent decision of Congress. These locations were familiarly known by the title of contingent locations, and were laid down on the very best lands in the State of Mississippi. As soon as it came to be known that this provision was made for the satisfying of the claims of Choctaw Indians whose lands had been improperly sold, those claims became an object of eager speculation. Large speculating companies and subcompanies were formed, to take advantage of this state of things. Agents were sent by them across the Mississippi, to that portion of the nation which had removed under the treaty, and a large number of claims were collected from among them. All these claims were located on the banks of the Mississippi, or on rich bottoms and islands in the neighborhood of the bayous, and embraced some thousands of sections of the finest land in Mississippi. A bill had been introduced at the last session, by the Committee on Private Land Claims, the effect of which would be to confirm all these locations, and thus to sanction one of the most stupendous frauds which had been attempted since the days of the famous Yazoo scheme. The object of Mr. BLACK's amendment was so to alter the bill of the last year (which has not become a law) as to prevent the confirmation of these claims, and to provide for their examination, by a board of commissioners, before whom the Choctaws were to prove their claims in person, and which declared all previous sales of their floating rights null and void.

Mr. B. said he was willing to modify his amendment, if it was thought best, so as to allow to the Indians who should make good their rights before the commissioners the amount in money for which their lands were sold. Mr. EWING, of Ohio, advocated the amendment, though he considered it as not sufficiently guarded.

Mr. BAYARD replied at length, vindicating the bill as reported last year by the Committee on Private Land Claims, (to which he belongs.) He contended that the bill did no more than fulfil the treaty stipulation to which the faith of the United States had been pledged. The Indians who wished to remain were entitled to the amount of land which that treaty gave them. By the gross and oppressive misconduct of our own agent, they had been deprived of these rights, and turned out of house and home, when reposing on the good faith of this Government. It was indispensable that somebody should have taken up their cause, and made an effort to get them justice; and it was rather too much to expect that persons who had gone to great trouble and expense for that purpose should be so very disinterested as not to require some

[SENATE.

share in the land which, but for them, would have been lost entirely. He denied, however, that the bill of the last session went unconditionally to confirm the contingent locations. It appointed a board of commissioners, before whom the rights of the Indians must be substantiated by competent proof, such as would be received at common law, before a court of justice. He disclaimed all desire to encourage speculation, or foster speculators on Indian rights; and he therefore introduced several amendments into the bill, with a view to obviate the evils which Mr. BLACK had stated; one of which provided that the land to be given to the Indian in exchange for that of which he had been deprived should not greatly exceed it in value. Another of them declared all compacts made by the Indians for the disposal of these claims to be null and void, and reserved a decision upon them until the next session of Congress.

Mr. WALKER, in pursuance of instructions from the Legislature of Mississippi, strenuously opposed the bill as reported by the committee. He also opposed the amendments proposed by Mr. BAYARD, greatly preferring that of his colleague, [Mr. BLACK,] on which he demanded the yeas and nays.

Mr. PRESTON, after a course of general observations on the practical difficulty and even impossibility of making any arrangement in favor of these Indians which would not immediately be seized upon by the superior sagacity of the whites, and converted to their own advantage, suggested that the best plan of getting rid of the whole difficulty would be to allow the Choctaws, who had been unjustly deprived of their lands, to enter the same quantity in any lands of the United States subject to private entry; not that he had the least idea that they would hold these lands, for he had no doubt that, before a year was passed, they would all be converted into money, which money would all be expended in a drunken frolic. But this would satisfy the claims of justice on the Government, and those Choctaws would then be left to follow the destiny of the residue of their tribe, who had gone west of the Mississippi river.

Mr. WHITE thought the most prudent course would be to appoint a board of commissioners to make diligent inquiry into the facts of the case; the number of heads of families; the number of their children over and under ten years of age; the notification of their intention to remain; the lands they had occupied, and the prices at which those lands had sold; and to make a full and accurate return to Congress; and let Congress decide on the whole case, as thus presented.

[The above presents a concise view of the substance of a debate of a protracted and desultory character, which occupied the Senate till a late hour.]

The bill was then laid over till Monday.

THE UNITED STATES AND MEXICO. Mr. BUCHANAN, from the Committee on Foreign Relations, presented the following report:

The Committee on Foreign Relations, to whom was referred the message of the President of the United States of the 6th instant, with the accompanying documents, on the subject of the present state of our relations with Mexico, report:

That they have given to this subject that serious and deliberate consideration which its importance demands, and which any circumstances calculated to interrupt our friendly relations with the Mexican republic would necessarily insure. From the documents submitted to the committee, it appears that, ever since the revolution of 1822, which separated Mexico from Spain, and even for some years before, the United States have had repeated causes of just complaint against the Mexican authorities. From time to time, as these insults and injuries have occurred, demands for satisfaction and redress have been

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