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MAY 15, 1830.]

Removal of the Indians.

[H. OF R.

The negotiation proceeded. Beverly Randolph, Benja min Lincoln, and Timothy Pickering were nominated to the Senate, on the 1st of March, as commissioners, and their appointment confirmed. Their instructions are expressed on the face of them to have been given by General Knox, "by the special direction of the President of the United States." A part of their address to the Indian council is as follows:

ery properly unfettered from two limitations in the arti- principles, remain as irrevocably and eternally with the les of confederation, which render the provision obscure one as the other." nd contradictory. The power is there restrained to Inlians not members of any of the States, and is not to vioate the legislative right of any State within its own limits. What description of Indians are to be deemed members of State, is not yet settled, and has been a question of freuent perplexity and contention in the federal councils. And how the trade with Indians, not members of a State, et residing within its legislative jurisdiction, can be reguated by an external authority, without so far intruding on he internal rights of legislation, is absolutely incompreensible. This is not the only case in which the articles of onfederation have inconsiderately endeavored to accomlish impossibilities; to reconcile a partial sovereignty in he Union, with a complete sovereignty in the States; to ubvert a mathematical axiom, by taking away a part and etting the whole remain."

"Brothers-Now listen to another of a claim, which, probably, has more disturbed your minds than any other whatever.

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Brothers-The commissioners of the United States

have formally set up a claim to your whole country southward of the great lakes, as the property of the United States, grounding this claim on the treaty of peace with your father, the King of Great Britain, who declared, as we have before mentioned, the middle of those lakes, and the waters which unite them, to be the boundaries of the United States:

frankly tell you that we think those commissioners put an erroneous construction on that part of our treaty with the King. As he had not purchased the country.of you, he could not give it away. He only relinquished to the United States his claim to it. That claim was founded on a right acquired by treaty with other white nations, to exclude them from purchasing or settling in any part of your country, and it is this right which the King granted to the United States.

All which can be said, in any sense, to have passed to he United States, or to the States, from the Crown, was a aked right of pre-emption to what were called the Crown inds. I speak advisedly when I say that the United "Brothers-We are determined that our conduct shall States have solemnly and deliberately admitted it. This be marked with openness and sincerity. We therefore uestion was fully examined by the Government, almost orty years ago; and we stand pledged in such express rms to the Indian nations on this point, that our lips are ealed. They can show you a case on their part, that dees all cavil and all criticism. I know that this is strong nguage; but I have measured my words. I know well he extent of what I say, and what I pledge myself to how in saying what I do. It is not a thoughtless pledge, nd it shall be redeemed by proof from the archives of our own Government, which all the subtleties of ingenuicannot evade, and which will annihilate that learned nd labored bypothesis on which the rights of the Indians ave been denied by this administration and in these halls. invite the attention of gentlemen to the papers, which an be produced, on this subject, and should be gratified to ear what answer is to be made to them..

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"Brothers-We now concede this great point. We, by the express authority of the President of the United States, acknowledge the property or right of soil of the great country above described to be in the Indian nations, so long as they choose to occupy the same. We only claim particular tracts in it, as before mentioned, and the general right granted by the King, as above stated."

These papers are to be found in the manuscript volumes of the Senate. They were communicated to that body by General Washington. The originals were doubtless in the War Department when the present Secretary wrote his letter of the 18th of April to the Cherokee delegation. In an address of Mr. Jefferson to the Cherokees, during his administration, he says:

"I sincerely wish you may succeed in your laudable endeavors to save the remnant of your nation, by adopting industrious occupations, and a Government of regular law. In this you may always rely on the counsel and assistance of the United States."

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These, sir, are the lights that flow from the mind that founded and the mind that reformed our system;" speaking of which, one has said to his country, that a diffidence, perhaps too just, in his own qualificatious would teach him to look with reverence to the examples of public virtue left by his illustrious predecessors.

Second question. I considered our right of pre-empon to the Indian lands not as amounting to any dominion jurisdiction, or paramountship, whatever, but merely in e nature of a remainder after the extinguishment of a resent right, which gave us no present right whatever, Mr. Jefferson's opinion to General Knox, in 1791, speaks ut of preventing other nations from taking possession and a language that cannot be misunderstood. He there says, efeating our expectancy: that the Indians had the full and "Government should firmly maintain this ground, that ndivided sovereignty as long as they chose to keep it, and the Indiaus have a right to the occupations of their lands, at this might be forever; that as fast as we extend our independent of the States within whose chartered lines ghts by purchase from them, so fast we extend the limits of they happen to be; that until they cede them by treaty, or ur society; and as soon as a new portion became encircled other transaction equivalent to treaty, no act of a State within our line, it became a fixed limit of our society." can give a right to such lands; that neither under the preAnother question seems to have arisen in the cabinet, sent constitution, nor the ancient confederation, had any hich, as far as I can gather from the book before me, State or persons a right to treat with the Indians, without for I have not been able to lay my hand on the original the consent of the General Government." What is the apers,) involved a re-cession to the Indians of certain lands answer, sir, which the Cherokees and Creeks have received urchased before. Mr. Jefferson was of opinion that the to all this? The modern records of the Department of overnment could "no more cede to the Indians than to War, and the papers on our table, will show us no very e English or Spaniards, as it might, on acknowleged enviable contrast to that just and humane policy which

VOL. VI.-127.

H. OF R.]

Removal of the Indians.

the administration of Washington solemnly pledged us to follow in our intercourse with these unfortunate people. If any thing can bind a Government, we have not a pretext for denying the qualified sovereignty of the Indians. We have dealt with them by commissioners appointed under all the forms of the constitution. We have asserted our compacts to be definitive treaties with them as nations. We have ratified them like other treaties. They are promulgated in the statute book as the law of the land. We have not only recognised them as possessed of attributes of sovereignty, but, in some of these treaties, we have defined what these attributes are. We have taken their lands as cessions-terms totally senseless if they are citizens or individuals. We have stipulated for the right of passage through their country, and for the use of their harbors, for the restoration of prisoners, for the surrender of fugitives from justice, servants, and slaves. We have limited our own criminal jurisdiction and our own sovereignty, and have disfranchised our citizens by subjecting them to other punishments than our own. With the Cherokees you have, in one treaty, stipulated the manner of proceeding for injuries, by a formal declaration of hostilities before war. These are some of the most prominent and remarkable of your acts. You cannot open a chapter of Vattel, or any writer on the law of nations, which does not define your duties and explain your obligations. No municipal code reaches them. If these acts of the Federal Government do not show them to be sovereign to some extent, you cannot show that you have ever acknowledged any nation to be so. The condition of these Indian nations is not treated of by authors of public law in Europe, because no such condition of things exists there. You may find some analogies in former times, but they will turn out to be against you. If you look to the moral law, you can find no escape there. I might ask, where was your authority to make the compact with Georgia The lands to be acquired were not to be of the domain of the General Government, What is the bill now before us? Who are the "nations" with whom we have "existing treaties !" Who are to receive new guaranties from the United States, if, after this, they will accept another from us? Who are those that the President is to exercise a "superintendence" over? Are they citizens? The framers of this bill have not been able to make its provisions intelligible, without admitting much which they deny in sustaining it. The guaranty now proposed is as much a dismemberment of the sovereignty of the United States, as former ones were of Georgia. The only difference is, that the President alone is to act in this matter, while your treaties were made by the States in the Senate, where the sovereignty of Georgia was represented. If there is any thing in this part of the argument against the Cherokees, gentlemen are bound to protect the sovereignty of the United States, by voting against this bill. The President informs us that they are to have "Governments of their own choice," located on our domain.

(MAY 15, 1830.

nothing settled in the Government. Every thing is to be kept floating. We shall never know what our institutions are, nor will others know when or whether to trust us s all. The mischiefs which are to follow to the Cherokee are incalculable. They were told forty years ago what we then admitted their rights to be. They are now in 1 great measure reclaimed, under our councils, from their former condition, and have begun to realize the blessing of civilization. When they have just reached that pou which is successfully calling forth their talent, and develop ing their capacity for moral improvement, we are about to break up their society, dissolve their institutions, and drive them into the wilderness. They have lived for a short time under a Government of their own, which very able counsel [Mr. WHITE, of the Senate] has vindicated in one of the most learned and conclusive opinions I have ever met with. Their right to adopt for themselves the institutions which they have established, and to assert the qualified sovereignty which they claim, is demonstrated in that paper, and settled upon ground that no argument s ingenuity can shake. This opinion, too, was given upor great deliberation, and shows that the whole question w cautiously as well as thoroughly examined. It is not to be viewed in the light of a mere professional opinion. It er hibits the deductions and convictions of the mind of a civi lian and statesman, drawn from a comprehensive and mas terly view of the subject in all its bearings and relations If there could be a doubt on any point considered in it we might question the right of the Cherokee Government to tax the United States traders. Their treaties had con ceded that the regulation of their trade should be manages by the General Government, and such an exercise of powe on the part of the Cherokees might essentially defeat the objects and stipulations of the treaties. What, sir, is the character of this Government of the Cherokees, which ap pears to have offended the pride of Georgia so highly They claim no jurisdiction over the concerns of anybody but themselves. They have always had this, and alwayı exercised it. Their Government has lately assumed more convenient form, and better adapted to their in proved condition. Their domestic institutions show mor of civilization and good order than we have seen among them before, and I hope we do not reproach them f that. Their regulations for the allotment of their lands and the better government of their own people, interfer with nobody. I have never yet been able to see the fares of that suggestion which treats them as a State within the sense of that part of the constitution which forbids the erection of any new State within the jurisdiction of any other without its consent. I think it has no applicates to the case. The Cherokee Government has neither beet formed or erected as one of the States of this Union, or be admitted into it. It is no more calculated to alarm the jurisdiction of any State, than a certain kingdom lately pre jected on Grand Island, the institution at New Lebanon, et the family government at New Harmony.

There is nothing alarming to our own security or our pride in admitting this sovereignty in the Indian nations. But it has been said, in answer to the claims of the In We took care in the first instance to obtain all necessary dians, that we hold our sovereignty over them and ther limitations of it. They confessed themselves to be under lands by conquest as well as discovery. I shall say bu our protection—that their lands should be sold to us only, little as to that pretension. They may have been defestet that we should regulate their trade; and we stipulated for in battle. Their country may have been overrun by ou various other restrictions on their part. Great foresight armies. We may have invaded them, and sometimes bant and wisdom in this respect were shown by those who first their towns and driven them into places of concealmen admitted them to their present condition. The treaties But it is essential to title by conquest that we should have will show how carefully this matter was guarded, and we exercised the right which the laws of war allow to the have suffered no inconveniences from it, of which reason- conqueror. Have we taken away their lands, abolished able men should complain. We have made them subordi- their governments, and put them in subjection to our law nate to us in all essential points, by express treaties. Our If this has not been done, (and history shows that it has intercourse laws are founded on the system we have adopt-not,) it is too late now to say that there has been a time ed: and though their constitutionality has been questioned, too, it is not probable that Mr. Jefferson approved any law that palpably violated the reserved rights of the States. If the question before us is not settled at this day, there is

when we might have done it. So far from claiming to es ercise this right, we have closed our hostilities by treatie ever since we became an independent Government, an both parties were restored to their original condition,

MAY 15, 1830.]

Removal of the Indians.

[H. OF R.

cept on points which the treaties provided for. It must | in the course of his profound investigations, that the quesbe considered, too, that when we set up the title of con- tion to be examined was, whether this was really the inquest, we seem to feel that discovery alone would not have|ternal affair of Georgia only, or not! It would have been reached the rights of soil against the native inhabitants; better to have proved this conclusion, than to have assumed Fand I thought the gentleman from Tennessee felt pressed it. He began to reason at the wrong end of the matter, in making out his case, when he assumed that discovery and that is the misfortune of his whole argument. It must gave us the right to follow it up by conquest. The war strike the mind of others, too, if the Secretary himself must at least be lawful, to justify that title in any case on failed to discover it, that the powers which Georgia has, the score of morality. I do not think that the position can in fact, parted with to the General Government, must be Elbe sustained, that because we have discovered any new exercised within the States, or they cannot be exercised country, we have the right to conquer it. If we choose anywhere. Yet Georgia remains an independent Governo put it on the ground of mere force, I will not say that ment as to all the sovereignty she has reserved. What title by conquest may be denied, though the war may more is there in that paper but a jargon of words? Adhave been unlawful. But I do not agree that this was verse authority-exercised authority-confederate authoHone on the discovery of America. Our history does not rity! I wish to hold the Government of my country in show it. some respect, if I can; but I was ashamed to find the jusI forbear to take up more of your time on this part of tification of one of its measures put forth in such a paper the question, for I fear that I have already wearied your as this from one of the Executive Departments. I trust atience. But, before I leave it, I beg leave to call your that he answers for himself only, when he speaks of our sattention to one of the many luminous papers which have knowledge of the principles of our own Government, ssued upon this subject from the Department of War. and then I will agree, that, if we are to judge from this We have found a pamphlet on our tables, containing a let-paper, he knows very little about them. er of the 25th of August last, to the Rev. Eli Baldwin, We are less justifiable in applying the principles which secretary of a board formed in the city of New York for have been asserted to the Indian nations in Alabama and she salvation of the Indians." This board is pledged in Mississippi. Before these States were erected, they were ets constitution to co-operate with the Federal Govern the territory of the United States. The jurisdiction was nent in its operations on Indian affairs. But this article in the General Government. There were no State rights as fortunately restricted that hasty pledge by an ex- in existence there. We had solemnly guarantied to the press condition "at no time to violate the laws" of the Creek nation all their lands, and recognised their soveJnion. Of these laws, the intercourse acts and treaties reignty under various treaties. These States have but reare certainly the most sacred in right and morals. In recently been admitted into the Union. Yet the President lying to a letter communicating to the President a copy has said in his message, it is too late to inquire whether of the constitution of this benevolent association, the Secre- it was just in the United States to include them (the Inary of War availed himself of the occasion to take it upon dian natoins) and their territory within the bounds of new aimself to instruct the board in that casuistry by which he faith of our treaties might be impaired successfully. The argument is very brief, and the process quite ummary, by which he accomplished this political absoluion in our behalf. I do not feel at liberty to hazard the mission of a single word that might impair its merit or bscure its clearness, by undertaking to repeat it from menory. «How can the United States' Government contest with eorgia the authority to regulate her own internal affairs? f the doctrine everywhere maintained be true, that a itate is sovereign, so far as, by the constitution adopted, it as not been parted with to the General Government, hen it must follow as matter of certainty, that within the imits of a State there can be none others than her own overeign power that can claim to exercise the functions of Government. It is certainly contrary to every idea of in independent Government for any other to assert adverse dominion and authority within her jurisdictional imits; they are things that cannot exist together. Beween the State of Georgia and the Indian tribes within aer limits, no compact or agreement was ever entered into; who then is to yield for it is certain in the ordinary course -f exercised authority that one or the other must. The nswer heretofore presented from the Government, and which you, by your adoption, have sanctioned as correct, the only one that can be offered. Georgia, by her acnowledged confederative authority, may legally and ightfully govern and control throughout her own limits, relse our knowledge of the science and principle of goernment, as they relate to our forms, is wrong, and has een wholly nisunderstood."

Now, sir, all this may seem to be very clear demonstraon to its author. I do not doubt that he honestly thought - must prove quite convincing to all who should have the ood fortune to meet with it. With your leave, sir,

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States, whose limits they could control. That step cannot be retraced. A State cannot be dismembered by Congress, or restricted in the exercise of her constitutional power." It is not denied here, nor could it have been, that while this was the territory of the United States, it was competent for the Government to admit the sovereignty of the Creek nation. But it is assumed that the erection of this territory into States, under the same constitution which sustained the treaties, has abrogated our obligations. This casuistry will hardly mislead any very plain man. We are to be released from the effect of our treaties by our own act, against the will of the other party, who has faithfully kept them. Is it indeed too late to inquire if this be just? I know of no such maxim among nations, if it is to be found anywhere. The constitution secures the inviolability of these treaties as effectually as it has the federal sovereignty of these new States. In acceding to the Union, they become bound with the other States in all their political and conventional obligations. If the older States remain bound by these treaties, (and no one, I presume, denies that,) the new States, as constituent parts of the federal sovereignty, are bound to respect and fulfil them too.

The history of our guaranties to the Cherokee and Creek nations, is stated at large in the Executive Journal of the Senate. General Washington came with General Knox to the Senate chamber, and laid before the Senate the state of the difficulties existing between North Carolina and Georgia and these Indian nations. These States had protested against the treaties of the old Congress, as infringements of their legislative rights. General Washington stated that the Cherokees had complained that their treaty had been violated by the disorderly whites on the frontiers, but that as North Carolina had not acceded to the Union, it was doubtful whether any efficient_measures could be taken by the General Government. In relation to the difficulties between Georgia and the Creeks, it was stated to be of great importance to Georgia as well as the

I should like to know whether it ever occurred to him United States, to settle those differences, and that it

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"4th. A solemn guaranty by the United States, to the Creeks, of their remaining territory, and to maintain the same, if necessary, by a line of military posts."

[MAY 15, 1830.

would be highly embarrassing to Georgia to relinquish it, and the Secretary of War well understands that to be certain lands, which she alleged the Creeks had already the inevitable consequence of them. I infer, from a d ceded to her, and which her citizens had settled upon. cument on your table, that he has instructed your o To fix certain principles as instructions to the commis- agents to make use of them for that purpose. A letter sioners, General Washington stated several questions to from the Choctaw interpreter to the War Departme the Senate for their advice. Among these was the subject of the 27th of November last, says: "I was put in pos of a cession from the Creeks of the lands in controversy, session of the contents of your letter of the 81st ultimo t and one of the conditions to be offered them on that point Colonel Ward, United States' agent to the Choctaws, and was as follows: was ordered by him to interpret and fully explain the sa ture of the laws of Mississippi that were about to be a tended over them, and the bad consequences that would attend, as they were not prepared to live under said laws I have advised them on all occasions to make the best s rangement with the Government they possibly can, and emigrate to the west of the Mississippi." The Secretary wrote to the agent of the Cherokees, since this measure has been pending: "The object of the Government is to persuade, not coerce their Indian friends to a removal from the land of their fathers. Beyond all doubt, they canout be peaceable and happy where they are; yet still wi they be protected to the extent that right and justice and the powers possessed require. Beyond this the president bas neither the inclination nor the authority to go. It is ide to talk of rights which do not belong to them, and of pro tection which cannot be extended. The most corred

The Senate advised and consented to this, and the treaty was negotiated and ratified. The differences with Georgia appeared then to be finally settled.

On the 11th of August, 1790, General Washington stated to the Senate in a message, that, as the obstacles to closing the difficulties with the Cherokees had been removed by the accession of North Carolina to the Union, he should now execute the power vested in him by the constitution, to carry into faithful execution the former treaty of Hopewell, unless a new boundary was agreed upon, and proposed to the Senate several questions as to the compensation to the Cherokees for that purpose, and the following condition:

"3d. Shall the United States stipulate solemnly to gua-plan is to disclose the facts as they exist, that all in inte ranty the new boundary which may be arranged?"

The Senate consented that this guaranty should be given, and the treaty of Holston was made in conformity to it. It was negotiated by Governor Blount. The manuscript volumes of the Senate show certain instructions from the Government to Governor Blount, of the 27th of August, 1790, which are so highly characteristic of the administration of General Washington, that I have taken a brief extract from them, which I beg leave to read.

rest may be warned, and by timely precaution escape those evils of which experience has already afforded abundant indication there is no avoiding, situated where they are." We can all understand language of this sort without the aid of an interpreter. But the Cherokee and Creeks have declared that they will not leave the country. They peremptorily refuse to go over the Ma sissippi. Why, then, have these laws of the States bea extended to them at this particular time? We are to "In order to effect so desirable a purpose upon proper that this bill is only to come in aid of their voluntary em principles, it is highly necessary that the United States gration. But you have had their answer to that for year should set the example of performing all those engage-Your table is covered by their memorials and protes ments which by treaties have been entered into under against it. You have made large appropriations before their authority. It will be in vain to expect a consistent now to effect that object, and have failed. Why, then! conduct from the Indians, or the approbation of the im- are you repeating these appropriations at this particula partial part of mankind, while we violate, or suffer a vio- time? They are at your door, and tell you they will lation of our engagements. We must set out with doing accept them. Is there not reason, then, to believe that justice, and then we shall have a right to exact the same they are to be removed against their real consent and in conduct from the Indians." clinations, though no actual force is meditated in quarter? Individuals may doubtless be found to surrer der the lands of the nation which they happen to occupy These lands then pass to Georgia. The nations are to b put at variance among themselves. Their social institu tions are to be destroyed The laws of the States have done that effectually. The lands surrendered are to be covered with white men. Can the Cherokees then live there? Is that the protection which you have promised Is that the execution of your solemn guaranties ? Is that your dealing with your plighted faith and national honor! Sir, the confidence of these nations in the securities el their treaties and your good faith, is shaken. They feel that they are abandoned that your laws have ceased to protect them that their institutions are destroyed-tha the pressure to be inflicted on them is such that they ear not bear it, and that they must abandon their country when this House shall have sanctioned the measure before you

This is the history of your guaranties, and these the professions which you made when you offered them. They were given on mature deliberation-with the full knowledge of the claims of all parties, and were entered into with a solemnity which admonishes us that they cannot be safely trifled with. Against whom were they to operate? Not against foreign powers, for they had no claims, nor against the General Government. It was the claims of the States to their country which we stand pledged to resist, until they consent to part with it peace ably. It is claimed again now by some of the States, that our power to contract with these nations, as qualified sovereignties, violates their jurisdiction. But we have seen that this question was fully before the Senate when we gave these guaranties, and General Washington said that, since North Carolina had acceded to the Union, he should put forth the strength of the executive power entrusted to him by the constitution, to execute the treaty of the old Congress with the Cherokees. These guaranties cannot be executed at all, unless the treaties and the intercourse laws are paramount to the laws of the States.

The operation of the laws of Georgia, as well as Mississippi and Alabama, shows this. I know that there is nothing on the face of these laws which proposes to exert any direct force for the removal of the Indians. But, under the existing condition of things there, the moral effect of these measures will as effectually accomplish this end as your army could do it. The Indians themselves believe

The Government is undoubtedly right when they s that the Indians cannot live where they now are, unde these laws. And why, then, were they passed? We ar told in one breath that they are mostly mere savages, and that all the efforts to reclaim them have failed; and in the next we hear, that, to carry into effect a very benevolent plan for their improvement, they are to be placed under the strict regulations of our state of society. Are we ta understand by this that they are to be civilized by a legis lative act? It is useless, sir, to consider this matter gravel in that way. We do not deceive ourselves by it, and sha

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mislead nobody else. There is sagacity enough in the people whom we represent to understand it. Think you that, with the Georgia report before them, they will believe that the object of these laws is to reclaim the Indians and improve their condition, so as to attach them more strongly to their country? The Government has put this in its true light. The consequence will be, that, in their state of society, they can enjoy none of the practical benefits of the general laws of these States, and will be subjected at the same time to the whole range of their ordinary criminal jurisdiction, as well as another code applicable to themselves only. We hear it sometimes said that they are to be admitted to the privileges of citizens, as if some substantial privileges, which they do not now enjoy, were to be conferred on them. Why, then, do we find this bill here, exactly at that time when they are to receive these favors? If they are really to receive any new privileges, will they not be more contented where they are, and less inclined to go beyond the Mississippi? It will be asked, too, by many, who cannot understand this sort of reasoning, what particular benefits these States expect to obtain by extending their laws over some thousands of people who are said to be wild Indians, and bringing them within the pale of their society. There is certainly no State pride to be gratified by that. I shall not take up your time to answer questions of this sort. If these laws do not speak a language that can be understood here, they will be very well understood elsewhere. There is no reason to believe that Indian communities will disturb the peace of these States if their own citizens will let them alone. The only sufferers in that respect are the Indians. There are laws enough to meet that case, if Government will do its duty, and execute them faithfully. The Indians are a peaceable and inoffensive people, advancing rapidly in moral improvement, cultivating their lands, establishing schools and churches, and disturbing nobody. They have already patiently borne what we should not submit to ourselves, and they will bear much more, if we choose to inflict it upon them. But they are not prepared to live under our laws, if we had the right to extend our protection over them without their consent. The courts of justice in these States will doubtless see that right is done, so far as they are to administer the law in particular cases. But they will afford a slender protection against the operation of moral causes which will reduce them to the condition of outlaws in society.

[H. of R.

ple. It is the first time, so far as my knowledge extenda
that such a practice has been unblushingly avowed.
There is more, too, before us, which should attract the
attention of this House, I see by a pamphlet before me,
that our superintendent of Indian Affairs, in the War De-
partment, was sent to New York last summer to aid the
benevolent institution to which I have already alluded,
with such information as he might possess in regard to
these Indian nations. He delivered an address on that
occasion in one of the churches of that city. In this he
said, that if the Indians were present he would address
them thus:

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Brothers: Whether it is wise in you thus to linger out a chafed, and impoverished, and disheartening existence, and die as your fathers have died, and leave the same des tiny to your children, or to leave your country and the bones of your fathers, which cannot benefit you, stay where they are as long as you may."

I was shocked, sir, when I met with the shameless avowal of such a sentiment, and addressed to such an audience, too, by an agent of this Government. I have no language that can express my detestation of it. No man who cherished a spark of virtuous feeling in his heart, could have given it utterance. It deserves the marked reprobation of this House, as the guardians of the honor of the country, and the Government ought not to retain him in his place a single hour.

I am admonished, sir, by the duty which I owe to the House for their indulgence, to occupy your time no longer. But I ask gentlemen to review the history of this Go. vernment faithfully, and say, if, on looking to the afflicting condition of those people, and the certain consequences which are to follow, they can lay their lands upon their hearts, as honorable men, and say that they feel clear in conscience in going any further with this measure. We are not dealing for ourselves in this matter. Our own reputation is not alone concerned. The character of the country is deeply involved in it. We shall not be able at last to disguise our co-operation in removing these nations from their country. We may now flatter and deceive ourselves as we may, but the time will come when our responsibility can neither be evaded nor denied. It must be met, and it is better for us to consider now what we must meet. Our relations with the Indian nations are of our own seeking. We assumed our guardianship over them voluntarily, and we justified it, too, in the name of religion I am not satisfied that the funds to be provided by this and humanity. We claimed it to be due from us as a bill are to be used in such a manner as we shall be willing civilized, enlightened, and christian people to them-to hereafter to approve. The Secretary of War said last our own character, and the opinion of the world. They year to our commissioners, "Nothing is more certain than never asked it of us. We stretched out our arms towards that if the chiefs and influential men could be brought them, and they took our hand, in the confidence that we into the measure, the rest would implicity follow. It should act up to our professions. It was we who solicited becomes, therefore, a matter of necessity, if the General their friendship, and not they ours. It was done for our Government would benefit these people, that it move upon convenience, too, and not theirs. We offered them our them in the line of their own prejudices, and, by the adop- faith, and they trusted to us. To attest our sincerity and tion of any proper means, break the power that is waver-win their confidence, we invoked the sanction of our holy ing with their best interests. The question is, how can religion. They have confided in us like children, and we this be best done? Not, it is believed, for the reasons sug-have solemnly pledged our faith before God and all mangested, by means of a general council. There they would kind, to fulfil our promises to them righteously. We came be awakened to all the intimations which those who are here, and set ourselves down in their country, and not opposed to their exchange of country might throw out; they in ours. They were then strong, and we were weak and the consequence would be, what it has been, a firm and helpless. They could have crushed us in the hollow refusal to acquiesce. The best resort is believed to be of their hand. But we had fled from oppression and perthat which is embraced in an appeal to the chiefs and in-secution in our own native land, and they received us here fluential men, not together, but apart, at their own houses, and, by a proper exposition of their real condition, rouse them to think of that; whilst offers to them, of extensive reservations in fee simple, and other rewards, would, it is hoped, result in obtaining their acquiescence."

in theirs as friends and brothers. We have perpetuated their hospitality to our fathers on the gorgeous pannels which surround us. If we cherish in our hearts the slightest sentiment of honor, or the least spark of gratitude yet lingers there, we shall not be able to lift up our Now, sir, disguise these suggestions as we may, there eyes and look around us when we enter these halls, withcan be no successful dissimulation in language of this sort. out feeling the smart of that rebuke which we deserve and It is sheer, open bribery-a disreputable proposition to must suffer for our perfidy. These memorials of their buy up the chiefs, and reward them for treason to their peo-hospitality cannot be effaced until we shall have dilapidated

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