United States. Congress.

Abridgment of the Debates of Congress, from 1789 to 1856. From Gales and Seatons' Annals of Congress; from their Register of debates; and from the official reported debates, by John C. Rives online

. (page 183 of 187)
Online LibraryUnited States. CongressAbridgment of the Debates of Congress, from 1789 to 1856. From Gales and Seatons' Annals of Congress; from their Register of debates; and from the official reported debates, by John C. Rives → online text (page 183 of 187)
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proper, 14; amendment to embrace the Chickasaws
moved, 14; other bills in relation to them, 14; to bring
in the subject at present would defeat other objects, 15 ;
a propriety in including all the Southern Indians, 15 ;
duty of the Government to take the earliest oppor-
tunity to extinguish the Indian title in Georgia, 15 ; the
provision relative to the Cherokees introduced in con-
formity to a compact between the United States and
Georgia, 15 ; claims of the Chickasaws further urged, 15 ;
objections to the amondment, 16; the item came f^om



the Committee of Ways and Means, 16 ; if the Chick-
asaws are introduced, all the other Indians will have to
follow, 16 ; importance of the removal of the Florida
Indians, 17; not the time for a general discussion of In-
dian affairs, 17; distinction between the cases of the
Creeks and Cherokees and that of the Chickasaws and
other Indians, 17 ; without the appropriation, the Gov-
ernment cannot fulfil its compact with Georgia, 17;
forbearance of Georgia, 18 ; amendment lost, 18.

Moved to strike out "for aiding the Cherokees, &c., to
remove," 18 ; if a general course of policy is introduced
by an item in an appropriation bill, the whole course of
the Government might thus be changed, 18; there
should be no treaty with the Indians without a previous
appropriation, 18 ; now is the proper time to discuss the
policy of the removal of the Indians, 18 ; now settled
policy of the Government, 18 ; of little importance to
the Committee at what time the question is met and
discussed, 19 ; the question is one of momentous im-
portance, 19 ; a just and humane course should be pursued
towards the Indians, 19 ; is the situation of the Indians
such as to require the interposition of the strong arm of
the Government? 19; what are they now? 20; how-
have the treaties been made in former years, and how
have their lands been acquired ? 20 ; your annuities form
the most destructive policy ever pursued towards them,
20 ; a part of your present policy is to send missionaries
among them, 20 ; are the shades of this picture too
highly colored ? 21 ; they should be induced to remove
of their own voluntary free will, 21 ; it is said we have
no lands on which to locate them, 21 ; it is said the In-
dians cannot be qualified for self-government, 21 ; some
appear to dread the effects of the policy of concentrating
the Indians in one section of the country, 22; the fate
of the Delawares, 22 ; will not the Committee rather
adopt the policy recommended by two Administrations,
by the missionaries, &c ? 22.

Eeasons for the proposed amendment, 23 ; the ordinary
appropriation bills should not be embarrassed by any
new measures, 23; what was the proposition recom-
mended by our late Chief Magistrate ? 28 ; where are
the Indians to be removed to ? 24 ; situation of the coun-
try which the Indians now possess within the limits of
the several States, 24; the advantages enjoyed by the
four largest nations, 25 ; the present situation of the sev-
eral tribes or nations, 25 ; their situation not worse than
thousands of our independent yeomanry, 26 ; the policy
of the late Secretaiy of "War, Mr. Calhoun, 26 ; it is said
the Indians are oppressed by the encroachments of the
white population which surrounds them, 26 ; it is said
the Indians, while in our vicinity, learn only our vices,
and cannot be civilized here, 27 ; the expense which will
attend this measure, 27 ; estimate for the Chickasaws,
27 ; look at the situation of the Indians across the Mis-
sissippi before we take more over, 27.

Great complaint made as to the manner in which this
subject is presented for discussion, 23 ; the appropriation
to aid the Creeks is but the fulfilment of a solemn obli-
gation, 28 ; expediency and necessity of the appropri-
ation, 29 ; the colonization of the Indians west of the
Mississippi, 29; give that country to them in exchange
for theirs, 29 ; to the pecuniary interest of the Govern-
ment to remove them, notwithstanding the vast expense,
80 ; no other salvation for the Indians, SO.

The amendment that no Indians north of 86" SO' be
aided in removing south of that degree, or those south
in removing north, considered, 31 ; state of things in the
Western and Southwestern States, 31 ; dangers of angry
collision by the removal, 81 ; the extension of lOur laws
over the Aborigines recommended by Mr. Crawford in
1816, 82 ; the prosperity of oni settlements created a



INDEX.



741



strong desire in them to remove the Indians from their
vicinity, 32 ; the report of the Secretary of War in 1825
—the disposition of the Indiana endangers the whole
"Western frontier, and renders the condition of Missouri
peculiarly perilous, 84 ; the appropriation which is now
proposed, 34; ohject of the removal as stated by Mr.
Monroe, 85; no digest of fundamental principles has
been adopted by Congress as the basis for arrangements
with them, 35 ; result of removing them without such
previous arrangement, 85 ; case of the Florida Indians,
85 ; can gentlemen go forward another step in this work
of desolation ? 86 ; what are the processes to be performed
in the execution of this plan ? 8T ; how are you to make
them relinquish the chase in a country possessing the
strongest inducements to it ? 87 ; you cannot shut out
the intercourse of the whites, SB; how are this great
number to be reduced to order and regularity, and obe-
dience to law, 38 ; cost of supporting them in the wil-
derness, 38 ; condition of this oppressed people in their
present abode, 88 ; many of the tribes have made great
and flattering advances in improvement, 88 ; they
will not voluntarily assist in a work of reformation that
must end in an extinction of their own consequence, 89 ;
the Indian's sense of dignity, 89.

The views of all the Indian agents coincide with
the friends of the emigration plan, 40 ; it is denied by
some, that the policy of this Government is settled in
relation to the question of Indian emigration, 40 ; the
report of the Committee is altogether favorable to the
objects embraced in the resolution, 40 ; the time has ar-
rived when this 'Government must change its policy in
relation to the Indians, 40 ; the state of things existing
between the State of Georgia and the Cherokees, 41 ;
three distinct sovereign legislatures enacting laws upon
the same identical subject, 41 ; this state of things can-
not exist, 42.

Singular course of this debate, 42 ; object of the amend-
ment to destroy the effect of the appropriation, 42 ; the
present policy must result in their utter annihilation,
42 ; the true question, 43 ; they are and ought to be con-
sidered as minors, and governed as such, 48 ; statements
of the agents, 43; the title of the Florida Indians, 44;
their colonization ia alike due to ourselves and to the
Indians, 44; Committee rise and report the bill*to the
House, 45.

/7wf«£Mt5, Florida. — iSee Index^ vol. 9.

India^is, Quapww.—See Inde<c, vol. 9.

India/ne^ Removal of the. — In the Senate, a bill to exchange
lands with the Indians residing in States and Territories,
considered, 519 ; amendments moved, 519 ; they hold a
title superior to the British Crown and her colonies, and
to all adverse pretensions of our own, 519 ; in the light
of natural law, can a reason for a distinction exist in the
mode of enjoying that which is my own ? 519 ; on the
increase of population a duty devolves upon the pro-
prietors of large uncultivated regions of devoting them
to uflefal purposes, 520 ; the case, as it lies beyond the
treaties made with them, 520; how would the white
man act in the position of the Indian, 521 ; we have al-
ways distinctly recognized their title, 521 ; we regarded
them as nations, 521 ; our public* history in these con-
nections, 521 ; the dispute of the colonies with Great
Britain, 522; under the Confederation, 522; who can
doubt the unquestioned political sovereignty of these
tribes? 522; a subject of wonder, that after these repeat-
ed and solemn recognitions, it should be gravely asserted
that they are mere occupants at will, 522 ; report of the
Committee, 523 ; our relations with them under the ab-
solute superintendence of the General Government,
523 ; consideration given to the treaty power, 523 ; trea-
ties with the Indians, 524; whenever we approached
fliem in the language of friendship and kindness, we



touched the chord that won their confidence, 525; later
treaty with Oherokees, 525 ; the legislation of Georgia,
525 ; it Is not surprising that our agents advertised the
"War Department, that if the General Government re-
fused to interfere, and the Indians were left to the law
of the States, they would soon exchange their lands and
remove, 526 ; the end, however, is to justify the
means, 526.

Georgia has taken her course, and will pursue it, 532 ;
the alternation of coercion must be the result, 582;
Georgia stands perfectly justified in the steps she has
chosen to take with regard to the Cherokees, 533 ; the
treaty of Galphinton, 588.

The treaty of B© "Wett's Corner settles tho ques-
tion with the Cherokees, 533 ; the treaty of Hope-
well, 534; it may be asked, what has this treaty to do
with the question between Georgia and the Cher-
okees? 534; the compact of 1802 answers the query,
584 ; upon the principles assumed by the adversaries of
the bill, Georgia stands justified, 584 ; what has been at-
tempted ? 535.

"Will Congress authorize the President to exchange
territory belonging to the United States, &;c. ? 538 ; the
authority is to make the exchange with Indians who are
willing, 538 ; is there any thing alarming in this propo-
sition ? 638 ; nothing in the bill unbecoming a great and
magnanimous nation, 588 ; the Message of the President,
539 ; the first attempt by an act of Congress to operate
directly on the States, 539 ; what will be the practical
operation of this Indian protective system ? 539 ; a con-
flict of laws, 540 ; proceedings in this case, 540 ; we are
called upon to decide the subject according to the prin-
ciples of abstract justice, 540 ; our title has always here-
tofore been considered as suflElcient, 540 ; question on
the amendment, 544 ; other amendments adopted, 545 ;
bill ordered to be engrossed, 546 ; further proceedings, 574.

Keport of the Committee, 666 ; moved to print ten
thousand additional copies, 666; not true that it was not
the intention of this Government and of Georgia to re-
move the Indians by force, 666 ; this denied, 666 ; Geor-
gia has treated the Indians within her limits with hu-
manity, 666 ; no such excitement in Georgia as has been
imagined, 667 ; her relations with the United States are
peculiar, 607 ; motion to postpone, 667 ; great misappre-
hension exists in the country in regard to this Indian
question, 667; was it not proper first to know what
opinions the report contradicts, and what it aflB.rm8 ? 667 ;
erroneous impressions, 668; better to know what the
report contains, 668 ; mere presumption that the report
is partial and onesided, 668; should not be pressed to
vote blindfoldedly on this resolution, 668 ; motions car-
ried, 668, 669.
Indians^ Southern.— In the House, a memorial relative to,
607; reference moved, 608; propriety of entertaining
every petition, 608; useless waste of the time of the
House, 608 ; character of the petitions, 608 ; question of
our Indian policy destined to create much discussion
and feeling, 608 ; a few words by way of comment on
the memorial, 608 ; it appears to have two objects, 608 ;
whence the necessity of the petitioner's interference,
608 ; this discussion premature, and will result in no good,
609 ; a subject of great delicacy and importance, 609 ;
commitment opposed on the ground of the language in
which it is couched, 609 ; real intent of the subscribers,
609 ; details of tne memorial, 610 ; regret that the me-
morial was not permitted to go to the Committee on In-
dian Affairs, 610; an impertinent intermeddling with
other people's afi'airs, 610 ; it is time to have a definite
policy on this subject, 611 ; what are our affairs, and
what the affairs of the nation ? 611 ; implicit confidence
in the integrity and intelligence of the Committee ou
Indian Affairs, 611 ; the subject matter of the memorial



742



INDEX.



pertains to the business of the House, 613 ; this right of
pfltition has been deemed, so sacred, that its security has
been provided for in the Constitution, 612 ; If they speak
respectfully to this House, it is all we have a right to
require, 612; impossible to retreat from the discus-
sion of the question, 612; the paper is sent here not
only as a petition, but as an argument in opposition to
the views of the President, 612; the many delicate
terms made use of, in relation to Georgia and her policy,
indicate the motives which prompted the petition, 613;
will produce a feeling injurious to the public interest,
618 ; referred to the Committee on Indian Affairs, 613.

Indian Title west of the Bocky Moimtama. — See Ind&c,
voL 8.

Indian Tri'bes.See Tndetc, vol. 8.

In&ebsoll, Balph I., on the occupation of the Oregon
Eiver, 811; on lotteries in Washington, 868, 884 ; Eep-
resontative from Connecticut, 576 ; on "West Point
Academy, 642; on diplomatic expenses, 647, 649. /See
Index, vols. 8, 9.

Ingham, Samttel D., on visitors at TVest Point, 11.

InteroourBe, CoTnmerclal ; do. Foreign; do. Mon.See
iTid&e, vol. 4.

Interest due to certcdn States. — In the Senate, bill
providing for, considered, 414 ; how far roay the ac-
counting officers of the Government be authorized to
go under the bill, 414 ; what does the bill propose ?
414 ; how is the interest to be estimated ? 414 ; for the
allowance of interest on claims that have been allowed
and paid, 414 ; subject postponed, 414.

Internal Improvem&iits, Hesohttions on, 265. See Index,
vols. 7, 8, 9.

In/oaHd Corpa.—See Index, vol. 5.

Ibedell, James, Senator from North Carolina, 404

Iewin, Thomas, Eepresentative from Pennsylvania, 576.

Iewiw, "William "W., Beptesentative from Ohio, 577.

ISAOKS, Jacob C, on land claims in Tennessee, 324 ; Eepre-
sentative from Tennessee, 576 ; on refuse lands in Ten-
nessee, 58T. See Index, vols. 7, 8, 9.



Jackson, Astdebw, votes for as President in 1828, 394 ; no-
tified of his election, 896; communication to the Senate
relative to his inauguration, 252. See Indea, vols. 2, 8,

6, 7, 8.

Jails of States.— -See Index, vol. 6.

Jeitnings, Jonatham", on visitors at West Point, 9 ; Eepre-
sentative from Indiana, 577. See Indeao, vols. 4, 5,

7, 8, 9.

Johns, Kenset, Je., Eepresentative from Delaware, 576.
See IndesOy vol. 9.

Johnson, Cave, Eepresentative from Tennessee, 576.

Johnson, Eichabd M., on Sabbath mails, 282 ; on the Louis-

• ville and Portland Canal, 237 ; Eepresentative from

Kentucky, 576 ; on postponing the election of Clerk,

578 ; on a Western armory, 580, 585 ; on distribution of

the public lands, 584.

Johnston, Josiah S., on the sinking fund, 225 ; on the draw-
back on sugar, 211 ; on the claim of Maison Eouge, 281-
285; on the Louisville and Portland Canal, 288 ; Senator
from Louisiana, 404 ; on the Attorney-General, 531 ; on
the marine service, 4S5; on Foot's resolution on the
public lands, 504.

Journal of the Federal Con/venHon. — See Ind&a, vol. 7.

Jov/rnal of the Old Congress.— See Index, vol. 6.

Judges^ Federal, Semoval of— See Index, vols. 2, 4.

Judiciary System, the. — In the Senate, a report on the
resolution to equalizing the distribution of justice, con-
sidered, 238 ; a subject Of great importance, 238 ; all ad-
mit the inequality, but impossible to report any specific
plan, 288 ; bill laid on the table, 238,



In the House, a bill relative to, considered, 625 ; this
bill proposes no new theory — no untried experiment,
625 ; prominent points of the judicial history of the
United States, 625, 626 ; the great outlines of the juris-
diction of the Circuit Courts, 627 ; views of the Com-
mittee in relation to the question, 627 ; in regard to the
States of Ohio, Kentucky, and Tennessee, 627 ; too great
press of judicial business in each of these States com-
posing the circuit, 627 ; causes that have contributed to
swell the business, 628 ; situation of the six new States,
Louisiana, &c., 628 ; inequality and injustice of the pres-
ent system in another point of view, 629 ; does the pres-
ent bill present the best plan for accomplishing the
object under all the circumstances ? 630 ; most powerful
reasons for believing public opinion on this subject is
correct, 680 ; suppose the withdrawal of the justices of
the Supreme Court from their circuit, its effect upon
public opinion, 680 ; would they continue to enjoy this
extensive confidence, should they no longer be seen by
the people of the States ? 681 ; other reasons against the
withdrawal of the judges from the circuits, 631; the
judgment, like every other faculty of the mind, requires
exercise to preserve its vigor, 681 ; the great objection
to the pas sage of this bill, 632 ; extend the number of
the judges, 682; upon the subject of judicial appoint-
ments, public opinion has always been correct, 682 ; have
we no examples of Appellate Courts consisting of more
than nine or ten judges, which have been approved by
experience ? 688 ; origin of the prejudice against Ihis
number, 633 ; details of the bill, 634.

Amendment to transfer the powers and duties of the
Circuit to the District Courts, 635 ; does this bill carry the
benefits of the judiciary to all the States ? 635 ; decisions
of the District Courts, in some cases, final and conclu-
sive, 685 ; duties of the justices of the Supreme Court
of two kinds, 635; ought not to resort to independent
Circuit Courts and judges, if a better plan can be de-
vised, 636 ; existing prejudices on this subject cannot be
the fruit of experience, 636; how Is it that they are to
learn the laws and practices of the States? 686; it
is said that the justices, if withdrawn from the cir-
cuits, would come to the city of Washington, 637 ; it
would not be a thing of coarse, 637 ; the justices of the
Supreme Court ought to be withdrawn from the cir-
cuits, 638.

Whatever be the judicial system, It should be uni-
form, 638 ; inequality of the present system as regards
the Western States, 688 ; only ten States when the
act was passed, 638 ; the seventh circuit, 639 ; pres-
ent condition of the nine Western and Southwestern
States in reference to the operation of the Federal Judi-
ciary, 689; will this bill afford the remedy which the
existing evils require ? 640 ; plan to answer the just de-
mands of the West, 641 ; what is the amendment pro-
posed but a re-enactment of the system, of 1801 ? 641 ;
many and irresistible objections to it, 641 ; ftirther re-
marks, 642.

Are the evils attending the practical operation of thig
system such as require any remedy ? 652 ; the evils com-
plained of, 652 ; does this bill furnish both an adequate
remedy for existing eVils, and the best which, under all
circumstances, can be adopted ? 658 ; no worse remedy
can be adopted than that which increases the judges,
653 ; it tends to divide the responsibility, and thus dimin-
ish the weight of it, 658 ; an increase in the number
tends to produce less concentration of action, &c., 654
also to Impair public confidence in the court, 654; in
two ways, 654 ; by increasing on the principle of this bill,
may it not become imp<:)ssible to despatch the business
of this court ? 655 ; amendment pr6posed to be offered|
655.

The system of 1819 preferable, 655 ; uniformity and



INDEX.



743



permanence are to be aimed at in establishing a Judi-
ciary system, 656 ; two plans brought before the com-
mittee by the bill and amendments, 656 ; the proposed
system is not adapted to the country, and must be finally
abandoned, 656; no belief that the court can be made
better by increasing the number of judges, 656.

The subject one of extreme difficulty and delicacy,
65T ; take no step to relax the present hold of the Su-
preme Court upon public esteem, 658 ; an increase of
judges will have a tendency to destroy the confederate
character of the Court, 658 ; the consideration of econ-
omy, 658 ; the proposed change not necessary, 658.

History of the judicial system of the United States,
6T8 ; the doctrine which repudiates the idea of repre-
sentation in the judicial department is anti-republican,
674 ; this idea repudiated, 674 ; meaning of the term ju-
dicial representation, 675 ; are the judges responsible
to the people ! 675 ; further explanation, 675. iSee Index,
vols. 2, 8, 9.



Kane, Eliab K., on school lands in Mississippi, 288 ; Senator
from Illinois, 404 ; on a military peace establishment,
416. See Index, toIs. 8, 9.

E-ENBALL, Joseph G., Eepresentative from Massachusetts,
5T6.

Kennoit, "WiLLiAjf, Eepresentative from Ohio, 57T.

Keniueky, vote for President in 1828, 394. See Index, vols.
4, 5, 6, 8.

Kenyon College. — See Index, voL 9.

King, Adam, Eepresentative from Pennsylvania, 576. See
Indeai, vol. 9.

King, Perkins, Eepresentative from New York, 576.

Kino, "William K., Senator from Alabama, 404. See Index,
vols. 4, 5, 6, 7, 8, 9.

Kinkaid, John, Eepresentative from Kentucky, 576.

Knight, Nehemiah E., Senator from Ehode Island, 404 ; on
the officers of the Ecvolution, 568. See Index, vols.
T, 8, 9.

Kebmeb, Geokge, on the Territory of Huron, 858 ; on lot-
teries in 'Washington, 369. See Index, vols. 8, 9.



Lafayette, gratitude to. — See Index, vols. 1, 2, 7, 8.

Lake Superior Copper Mines. — See Index, vols. 2, 7, 8.

Lahab, Henet G-., Eepresentative from Georgia, 576 ; on
Indian affairs, 668.

Lands for Sdiication.—See Index, vol. 7.

LoMd Claims, OonfirmaUonof certain.— In the Senate, the
bill relative to certain claims in Mississippi, 627 ; moved
to insert fifty cents per acre,- 52T ; not consistent with
the plighted faith of the Government, 527 ; farther de-
tails, 527 ; bill ordered to be engrossed, 528.

Land Titles in Louisiana, do, Missouri,— See Index,
voLT.

Lands, Western See Index, vols. 1, 8, 4, 6, 7, PuUio

Lands.

Lea, Pktoe, on land claims in Tennessee, 815 ; Eepresent-
ative from Tennessee, 576. See Ijidex, vol. 9.

Lead Mines of Missouri. — In the Senate, the bill for the
sale 0^ considered, 207 ; bill confined to the mines with-
in the State, 207 ; these mines of very little profit to
anybody, 207 ; bill ordered to be engrossed, 209.

Lead Mines, reserved sale of— See Index, vols. 7, 9.

Lecompton, Joseph, Eepresentative from Kentucky, 576.

liEFFLBE, Isaac, on the Chesapeake and Ohio Canal, 164
See Index, vol. 9.

Leipee, Geoege G., Eepresentative fiom Pennsylvania, 576.

Lent, James "W., Eepresentative irom New York, 576.



Letohee, Eobekt p., Eepresentative from Kentucky, 576 ;
on mileage of members, 598. See Index, vols. 7, 9.

Lewis, Dixon H., Eepresentative from Alabama, 677; on
distribution of pubhc lands, 606.

Liberia Agency.— See Index, vols. 8, 9.

Library of Congress.— See Index, vol. 2.

Library of Mr. Jefferson.— See Index, vol. 5.

Meutenant- General. — See Index, vol. 5.

Light Rouse Duties.— See Index, vol. 8.

Limitation, Statutes of— See Index, vols. 2, 4.

Little, Petee, on the late General Brown, 79. See Index,
vols. 4, 5, 6, 7, 8, 9.

Ixi>e Oak Timber.— See Index, vols. 7, 9.

Livingston, Edwaed, on the late General Brown, 79, 80 ;
on the Tariff bill, 92; on contraventions of Kussiau
treaty, 141 ; on Foot's resolution on the public lands,
490 ; on donations to deaf and dumb asylums, 512. See
Index, vols. 1, 2, 4, 8, 9.

Loan Sill.— See Index, vol. 5.

LoOKE, John, on land claims in Tennessee, 123, 819. See
Index, vols. 8, 9.

Lots, Public, in Washington.— See Index, vol. 7.

Lotteries in Washington.— In the House, a bill to continue
in force an act authorizing, «fcc., considered, 868; the
principle is odious, immoral, and impolitic, 883 ; further
debate, 884 ; bill recommitted, 884.

Louisiana, vote for President in 1828, 894. See Index,
vols. 4, 5, 6, 8.

Louisiana, Purchase of— See Index, vols. 2, 8. Treaty,
see Index, vol. 8. Territory, see Index, vols. 8, 4.
State, see Index, vol. 6.
Louisville and Portland Canal. — ^In the Senate, a bill au-
thorizing subscription to the stock of, considered, 286 ; tho
canal cannot be completed without the aid of Govern-
ment, 286 ; expenditure had far exceeded the estimates,
236 ; much greater work than was anticipated, 237 ; the
bill should lie on the table until the question of distri-
bution of the public money was settled, 237 ; not a local



Online LibraryUnited States. CongressAbridgment of the Debates of Congress, from 1789 to 1856. From Gales and Seatons' Annals of Congress; from their Register of debates; and from the official reported debates, by John C. Rives → online text (page 183 of 187)