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H. OF R.)

Removal of the Indians.

(MAY 19, 1836,

lature of Pennsylvania, relative to a treaty for the purchase Daging all affairs with the Indians," which had been pas of the Indian claim to lands within the jurisdiction of that ductive of so much embarrassment under the confedera State, proceeded from a respectful attachment to the Fe- tion, being entirely struck out. Under the power to rez deral Government, and a desire to guard against prejudices late commerce, it is apparent no right beyond that of a which might arise from the interference of their own par- trolling the Indian trade was granted, or iotended to be ticular views with the authority of the United States : that granted, the public interest might have been deeply affected by a The power of making treaties, therefore, is resorted til negotiation for such purchase, independent of, and upcon- The difficulty is deemed worthy of an appeal to this great nected with, the general treaty, to be bolden on behalf of political divinity. the United States: Resolved, That the commissioners for

"dignus vindice nodus." holding the convention with the Indians, under the act of

The treaty-making power was granted to Congress by the 15th day of October instant, give notice to the Su- the articles of confederation, in as ample terms as it is to preme Executive of the State of Pennsylvania, of the time the President and Senate by the present constitutioa. and place of holding such treaty, to the end that the per

By the ninth article, Congress have the sole and excit Bons to be appointed by that Štate, for purchasing lands sive right and power of determining on peace and su, within the limits thereof, at the expense of the said State, sending and receiving ambassadors, and entering into trea may attend for the sole purpose of making such purchase, ties and alliances. at the time and place appointed for holding the said trea The restrictions are ty: and the commissioners on the part of the United States Nine States must concur. are instructed to give every assistance in their power to No treaty of commerce shall restrain the States from the commissioners who may be appointed on the part of probibiting the importation or exportation of commodities; Pennsylvania, towards promoting the interest of that State, or from im posing on foreigners the same imposts or duties as far as the same may consist with the general interest of which they levy on their own citizens. the Union."

The restrictions on the States in relation to treaties va So tender were the continental Congress of interfering essentially the same. with the rights of the States on this subject, that, in the

The sixth article provides" No State, without the ex ordinance of the 7th of August, 1786, for the regulation of sent of the United States in Congress assembled, shal Indian affairs, it was provided, “That, in all cases where enter into any conference, agreement, alliance, or treaty transactions with any bation or tribe of Indians shall be with any King, Prince, or State." And further : "No two come necessary to the purposes of this ordinance, which or more States shall enter into any treaty, confederatan, cannot be done without interfering with the legislative or alliance whatever between them, without the constra rights of a State, the superintendent in whose district the of the United States in Congress assembled." What ra same shall bappen, shall act in conjunction with the autho- the practical interpretation of the treaty-making power, 5 rity of such State."

grapted to Congress, and so restricted as to the States under On the 1st of September, 1786, Congress issued a pro- the confederation 1 The articles were adopted the 15th clamation in regard to the hunting grounds of the Chero- November, 1777. On the 27th May preceding, and the kees in the State of North Carolina, providing, however, 30th October, 1783, the resolutions already quoted id rethat it should not be construed to require the removal of lation to the State of Pennsylvania, were adopted. On the the settlers in the fork of French Broad and Holston rivers, 2d November, 1782, that in relation to the Catawba lodisch and provided, also, that nothing contained in that procla

If Congress possessed the power of guarantying to lomation should be considered as affecting the territorial dians the rights of soil and sovereignty, by treaty, why claims of the State of North Carolina."

did they adopt those resolutions ? By reference to the On the 26th of October, 1787, when a treaty of peace journals of the convention, it will be seen, that, while a was about to be made with the southern Indians, the States formal ratification of every foreigu treaty was solemnls of North Carolina, South Carolina, and Georgia were au- made, no compact with any Indian tribe ever was ratified thorized to appoint one commissioner each, and the agree as a treaty. As a further proof that the continental Cosment of any two of the commission was sufficient.

gréss did not consider compacts or agreements with Indiana The powers exercised by Congress under the confede- upon the footing of treaties, on the 12th October, 1787, ration, relative to the Indians, were derived principally they passed Mr. King's resolution, appropriating twenti from that article which gave them “ the sole and exclusive thousand dollars for the purpose of holding treaties with power of regulating the trade, and managing all affairs the Indians, whenever a majority of Congress should judge with the Indians not members of any of the States, pro- necessary. On the 25th October, 1787, seven States only vided that the legislative right of apy State withio its own being present, the resolution arranging the details for ne limits be not infringed or violated.”

gotiating these treaties was passed. Wbat is the conclusioni The plan of the constitution, as submitted to the con- Nine States being required to make a treaty, and that pre vention, contained no similar article.

vision being alike applicable to its commencement and An amendment was proposed, August 18, to insert a conclusion*_either these compacts with Indian tribes power" to regulate affairs with the Indians, as well with were pot considered treaties, or the venerable Congress of in as without the limits of the United States."

that day wilfully and deliberately violated the instrument It was referred to a committee, which reported an from which they derived their authority. It may be re amendment to the power of regulating commerce with marked, also, that, on the 3d June, 1785, the treaties with foreign powers and among the several States, by adding, the Six Nations, the Wyandote, Delawares, &c. were ordered “ and with Indians within the limits of any State not sub- to be transmitted to the Executive of the States, with a de ject to the laws thereof." This was afterwards altered claration that po purchases of Indians should be considered thus," and with the Indian tribes."

as interfering with the rights of any State to the jurisdiction This has been claimed as an extension of power to Con or soil. gress under the constitution, beyond what they possessed At the first session of the Senate under the dew constiunder the confederation; and Mr. Madison's expressions tution, General Washington laid before them some of the in the 42d number of the Federalist have been invoked to treaties negotiated under the resolution of Mr. King, bt favor that construction. But it is manifest, on a careful fore adverted to. Among these were the treaties of Fort consideration of the article, the amendments, and his lan- Harmar, of the 9th January, 1789. The papers, were re guage, that the extension of power is only so far as it relates to the regulation of commerce; the other power, "of ma • Vide Mr. Jefforson's Memoirs, vol. 1.

MAY 19, 1830.]

Removal of the Indians.

[H. or R.

ferred to a committee, which reported tbat they“ be ac: ; agreement bas been submitted to the Senate; but, latterly, cepted, and the President of the United States be advised that body seems iuclined to reject the construction which to execute and enjoin an observance of the same.” The supposes such interference necessary: Senate passed a resolution accordingly, “ that the Presi In December, 1827, a treaty of this description with the dent of the United States be advised to execute and enjoin Seneca Indians, providing for the extinguishment of their an observance of the treaty concluded at Fort Harnar, on title to certain lands in New York, in favor of the parties the 9th January, 1789, between Arthur St. Clair, Gover- holding the right of pre-emption, was submitted to the Senor of the Western Territory, on the part of the United Date. Upon the resolution, that the Senate advise and States, and the sachems and warriors of the Wyandots, consent to the ratification of the treaty, it was determined Delawares, Ottawa, Chippewa, Patta watima, and Sac na: in the negative : yeas, twenty-nays, twenty. The Setions." Aod an attested copy of the proceedings was laid nate tben adopted a resolution, " That, by the refusal of before the President. The President sent a message to the Senate to ratify the treaty with the Seneca Indians, it the Senate, urging the practice of ratifying treaties with is not intended to express any disapprobation of the terms foreign powers, and saying be “inclined to think it would of the contract entered into' by the individuals who are be advisable to observe it in the conduct of our treaties with parties to that contract, but merely to disclaim the necesthe Indians ; for, though such treaties being, on their part, sity of an interference by the Senate with the subject mat. made by their chiefs or rulers, need not require to be ratified ter."* by them, yet, being formed on our part by the agency of It might be bere observed, that the commissioners who subordinate officers, it seems to be both prudent and rea- negotiated Indian treaties, were formerly designated miBonable that their acts should not be binding on the pisters plenipotentiary, and were nominated to the Sevate, nation until approved and ratified by the Goverument." like other ministers. That practice has been long aban

This message wrs referred to a committee, which re- doned, and they were now appointed solely by the Presiported “That the signature of treaties with the Indian dent. The negotiations at Obent had been referred to uutions has ever been considered as a full completion by the honorable gentleman from Masenchusetts, [Mr. thereof, and that such treaties have never been solemoly EVERETT) in the course of this discussion. Unless he ratified by either of the contracting parties, as hath been [Mr. W.) erred, there was a part of that correspondence commonly practised among the civilized nations of Europe: which did not favor the view taken by that gentleman. wherefore, the committee are of opinion that the formal In their note of the 26th December, the Americau commisratification of the treaty of Fort Harmar, &c. is not expe. sioners thus explain the policy of the Voited States rediept or necessary; and that the resolve of the Senate, of specting the Indians : tbe 8th of September, 1789, respecting the said treaty, "On this subject the undersigned have no hesitation in authorizes the President of the United States to enjoin a avowing that the United States, while intending never to due observance thereof."

acquire laods from the Indians otherwise than peaceably, The Senate on the 22d September, 1789, proceeded to and with their free consent, are fully determined in that consider the report, postponed it, and adopted the follow. mander, progressively, and in proportion as their growing ing resolution :

population may require, to reclaim from a state of nature, Resolved, That the Senate do advise and consent that and to bring into cultivation, every portion of the territory the President of the United States ratify the treaty con contained within their acknowledged boundaries. In thus eluded at Fort Harmar, &c.

providing for the support of millions of civilized beings, It does not appear what were the reasons for this change they will not violate any dictate of justice and bumanity ; of opinion on the part of the Senate, por does the jourval for they will not only give to the few thousand savages exhibit the yeas and nays, or state that the resolution was scattered over that territory an ample equivalent for any adopted by two-thirds.

right they may surrender, but will always leave them the lu 1790, a treaty having been negotiated with the Six possession of lands more than they can cultivate, and more Nations, by which the commissioner, with good intentions, than adequate to their subsistence, comfort, and enjoyment, but incautiously, made certain confirmatious of lands grant- by cultivation." + ied or leased by the Indians, in the State of New York, to In considering the power to make treaties, Mr. W. said individuals, General Washington informed the Senate that he put out of the discussion, at least for the present, the it was unauthorized by his instructious, unsupported by constitutional right of the United States to cede any porthe constitution, and that the transaction had been explicitly tion of a State. Mr. Jefferson, in his correspondence with disavowed by his orders to the Governor of New York, on our minister in Spain, wbile Secretary of State, it would the 17th August, 1790.*

be seen, disavowed the right. When the British commis* The constitution, art. 1. sec. 10, first clause, interdicts sioners at Ghent proposed to treat on the basis of uti pos

the States from entering into any “treaty, alliance, or sidetis, the American commissioners refused, alleging that confederation."

this might involve the cession of some part of our territoThis probibition is absolute, unconditional, and without ry, and no such treaty would they subscribe. qualification.

Mr. Quincy, in the debate on the admission of LouisiBy the last clause, “No State shall enter into agree- ana into the Union, contended for limitations on the treaty. ment or compact with another State, or with a foreign making power. He said: “It was a monstrous proposi\ power, without the conseut of Congress."

tion to assert that the treaty-making power is competent The framers of the constitution, then, distinguished be- to change the fundamental relations of the constitution tween treaties, alliances, and confederations, which were itself;" and added, that in the conventions of the day, it | absolutely interdictod, and mere compacts or agreements was admitted the treaty-making power could not cut off a with another State or foreign power, which were per limb. mitted with the consent of Congress.

Whether, for the purpose of restoring peace, at the end But a compact with a tribe of Indians is neither with a of an unsuccessful war, they might, at the expense of a foreign power nor fapother State: and it is fair to infer single State, relinquisb, by treaty, what had already been that the phraseology was adopted for the purpose of al- wrested from them by conquest, was an extreme case. lowing it. Such compacts have been made; and the con- He [Mr. W.] was unwilling to believe it ever would occur; sent of the Congress has been asked; and a commissioner and if it did, be was not prepared to admit the constitutionon the part of the United States bas attended; and the

* Senate Journal, 1897-8, 495, 6, 7. • Executive Journal, vol. I, p. 85.

#Waite's State Papers, vol. ix, p406--7.

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H. OF R.)

Removal of the Indians.

(MAY 19, 1831

al right. It would not be pretended, however, that we ever messages of the different Presidents of the United State had been, or should be compelled to cede to Indians what as illustrative of the course pursued by the Govern they had conquered from us. Yet, he was greatly de. on this subject. ceived, if he did not show, conclusively, hereafter, that Until near the close of General Washington's administra the United States had, at one time, usurped the power of tion, the relations between the Indians and the United ceding a part of the State of Georgia to a tribe of savages. States, as was well known, were those of almost uncestin How long would Pennsylvania or New York have endured hostility. The detention of the western posts, and the such an indignity! As to lands occupied by Indians with machinations of foreign agents among the savages, wer: iu the old states, he apprehended the question stood thus : topics of frequent complaint. the right of soil and jurisdiction was not in the United In his first speech to Congress, January 8, 1790, be says: States, they could not grant by treaty, to the Indians, that " There was reason to hope that the pacific measura which they had not themselves. If these rights did not with regard to certain hostile tribes of Indians would har exist, independent of treaties, treaties with the United relieved the inhabitants of our southern and western frot States could not give them. But it appeared to him, they tiers from their depredations. But you will perceive, neither did exist independent of treaties, nor did any treaty from the information contained in the papers which I shall attempt or profess to give them. No treaty explicitly direct to be laid before you, that we ought to be prepared guaranties the sovereignty and soil to, the Indians. The to afford protection to those parts of the Union, and, i' title guaranlied is merely the occupancy, which, so far as necessary, to punish the aggressors." In his speech at the be kuew, was not proposed to be disturbed by the bill be opening of Congress, 8th December, 1790, be joforma fore them.

Congress of the murders and other outrages committed The claim of the Indians to the rights of sovereignty by the Indians, and that, defensive operations being ingele and soil, stood, therefore, on the original ground of the quate, he bad ordered out the militia, and directed oftelaw of nature and nations, to which the compacts be- sive operations. tween them and the United States bad added nothing. If On the 25th October, 1791, in his speech at the corthe United States bad, indeed, improvidently made agree- mencement of the session, be ipforms Congress of tłe ments with the Indians, which they had no constitutional steps taken to punish the savages, and restore peace to te power to execute, the contract would not be executed, but frontier, and recommends measures in relation to trade the good faith of the United States was bound to make and intercourse with them. every compensation in their power; and this bill provided lo bis speech, November 6, 1792, the President detais the ineans of doing so. The effect of usage or opinion the efforts made to restore peace, and the various depre was as strongly illustrated by this subject of Indian treaties, dations and outrages of the savages. After adrerting as by any other

. What to-day is fuct, to-morrow will be the bostilities north of the Ohio, he proceeds; "It mus precedent, the next day practice, and then a contempo- add to your concern to be informed, ibat, beside the cot raneous construction of the constitution. Strictly speak- tiuuation of hostile appearances among the tribes north of ing, the United States bad no right to hold a treaty for the Ohio, some threatening symptoms bave of late beez the acquisition of land with the Indians within a Stale in revived among some of those south of it. A part of the which the soil or fee does not belong to the United States. Cherokees, koowu by the name of Chickawagua, inhabit The treaty is held by the State. A commissioner on the ing five villages on the Tennessee river, bave long beco part of the United States may be appointed to attend, to in the practice of committing depredations on the neizt see that justice is done to the Indians. This is a matter boring settlements. of expedienoy, resulting from their obligations to protect " It was hoped that the treaty of Holston, made with the State from war or domestic violence.

the Cherokee nation in July, 1791, would bave prevented The anomalous condition of the Indian lands in Georgia a repetition of such depredations. But the event bas ex has been the source of much confusion in the arguments on answered this hope. The Chickawasas, aided by some the rights of that State.

banditti of another tribe in their vicivity, bave recently The right of soil and jurisdiction was in Georgia; the perpetrated wanton and unprovoked bostilities upon occupancy in the Indians. The obligation to extinguish citizens of the United States in that quarter." the ludian claim to occupancy rested on the United States. In the succeeding year's speech, December 3, 1998, ke

The right of treating was gradually assumed by those on states the obstipacy of the savages; the liberality of tbe whom the obligation and expense of disedcumbering the United States to them; the relief extended to them in feud estate devolved.

and clothing; the anxiety of our Government for peace, Mr W. said he would here make an observation or and still critical state of our relations with the Creeks and two, connected with another branch of the constitutional Cherokees. question.

Op the 19th November, 1794, be refers to the military By the constitution, a basis of representation is agreed operations under General Wayne, the willingness of the on, and "Indians pot taxed” are to be excluded. He was Government to grant the Indians peace, and adds :" Towards at'a logs to conceive why this provision was necessary, or pone of the Indian tribes have overtures of friendship bow it was applicable, unless the States bad a right to iu been spared. The Creeks, in particular, are covered from clude and tax ihem.

encroachment by the interposition of the General Govern In addition to this, the constitution guaranties to every ment and that of Georgia” State a "republican form of Government," and engages In his speech at the opening of Congress, Sth Decent to protect them against invasion and domestic violence. ber, 1796, he mentions the successful termination of kibe How is this consistent with the existence of an Indian Go. war with the northern Indians, and the trespasses alleged vernment within the heart of a State independent of her to bave been committed on the southeru lodians by laws ?

lawless white men. Moreover, no new State shall be formed or erected This is the only instance during the whole course of bus within the jurisdiction of any other State." To meet administration, in which the Indian hostilities do not af this difficulty, it is alleged the Cherokee oligarchý is not a pear to have been entirely wanton and unprovoked. State. Thus it seems, when they are to be considered as In the saine speech he suggests the propriety of taking proper subjects for the action of the treaty-making power, mexve to supply their necessities, and the possibility ei they are a State ; but when the inhibitions of the constitu- civilizing them. tion are to be applied to them, they are not a State. In 1796, be speaks of the measures taken to secure

Mr. W. said, he would next refer to the speeches and peace, and establish forts and trading houses.

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MAY 19, 1830.)

Removal of the Indians.

(H. of R.

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Thus far

In 1808, the President informs Congress that “one of To chastise their unprovoked hostility by arms : the two great divisions of the Cherokee nation have now

To provide them occasionally, and in case of absolute in consideration to solicit the citizenship of the United necessity, with food and clothing;

States, and to be identified with us, in laws and governTo cultivate their good will by presents;

ment, in such progressive manner as we shall think best. Prevent intrusions on their hunting grounds;

lo the messages of President Madison, in 1809-'10 and Provide for intercourse and commerce with them, and '11, nothing material appeared in relation to this topic. establish forts and trading houses ; seem to have been the In 1812, be says: “The Indian tribes, not under foreign principal subjects of executive solicitude,

instigations, remain at peace, and receive the civilizing atI During the ensuing administration, Mr. W. said betentions which have proved so beneficial to them.”

found in the speeches of the President only one reference In the messages of 1813 and '14, reference is made to to our Indian affairs : on the 23d of November, 1797, where the war with the southern Indians, aud the military serhe speaks of the interference of foreign agents, and their vices of the present Chief Magistrate. attempts to excite the savages to hostilities against the In 1815, the President says: “ The Indian tribes within

United States, and suggests the passage of a law to reach and bordering on the southern frontier, whom a cruel war such offences. The President, then, evidently did not on their part had compelled to chastise into peace, bave consider such a law as an unwarrantable interference with latterly shown a restlessness, which has called for prepalodian sovereignty. Neither in the inaugural address or first ratory measures for suppressing it, and for protecting the messige of Mr. Jefferson, is any mention made of Indian af- commissioners engaged in carrying the terms of the peace fairs. The remaining messages of the first four years of his into execution." administration refer, in general terms, to the settlement of In 1816, be says:

“ The Indian tribes within our limits boundaries, the cessions of lands, and the efforts of the Go appear also disposed to remain at peace. From several of vernment to preserve peace and introduce agriculture and them, purchases have been made, particularly favorable to the arts among them. In his inaugural address, at the the wishes and security of our frontier settlements, as commencement of his second term, 4th March, 1805, he well as to the general interests of the nation. In some incomments on the condition of this people more at length : stances, the titles, though not supported by due proof, and

The aboriginal inhabitants of these countries, I have clashing those of one tribe with the claims of another regarded with the commiseration their history inspires. have been extinguished by double purchases--the beneEndowed with the faculties and the rights of men, volent policy of the United States, preferring the aug. breathing an ardent love of liberty and independence- mented expense to the hazard of doing injustice, or to the and occupying a country which left them no desire but to enforcement of justice against a feeble and untutored be undisturbed the stream of overflowing population, people, by means involving or threatening an effusion of from other regioos, directed itself on these shores blood. I am happy to add that the tranquillity which has without power to divert, or habits to contend against; they been restored among the tribes theinselves, as well as have been overwhelmed by the current, or driven before between them and our own population, will favor the reit-now reduced within limits too narrow for the huster's sumption of the work of civilization, which had made an state, humanity enjoins us to teach them agriculture and encouraging progress among some of the tribes; and that the arts—to encourage them to that industry which alone the facility is increasing for extending that divided and incan enable them to paintain their place in existence—and dividual ownership, which exists now iu movable proto prepare them in time for that state of society which to perty only, to the soil itself; and of thus establishing, in budily comforts adds the improvements of the miod and the culture and improvement of it, the true foundation morala. We have, therefore, liberally furnished them for a transit from the babits of the savage to the arts and with the implements of husbandry and household use; we comfort of social life.” have placed among them instructors in the arts of first ne President Monroe, in bis inaugural address of 1817, cessity; and they are covered with the ægis of the law, says : “ With the Indian tribes, it is our duty to cultivate against aggressors from among themselves.

friendly relations, and to act with kindness and liberality “But the endeavors to enlighten them on the fate in all our transactions, Equally proper is it to persevere which awaits their present course of life, to induce them in our efforts to extend to them the advantages of civilito exercise their reason, follow its dietates, and change zation." their pursuits with the change of circumstances, have Io his message of December, 1817, be adverts to the powerful obstacles to encounter ; they are combatted by purchases of land from several Indian tribes bordering ou the habits of their bodies, prejudice of their minds, igno. Lake Erie, by wbich the Indian title, with the exception rance, pride, and the influence of interested and crafty of moderate reservations, has been extinguished to the individuals among them, who feel themselves something whole of the land within the limits of the State of Ohio, in the present order of things, and fear to become nothing and to a part of that in the Michigan territory and the in any other. These persons inculcate a sanctimonious State of ludiana. reverence for the customs of their ancestors; that what From the Cherokee tribe, a tract has been purchase ever they did, must be done through all time; that reason in the State of Georgia, avd au arrangement made, by is a false guide, and to advance under its coupsel in their wbich, in exchange for lands beyond the Mississippi, a physical, moral, or political condition, is perilous innova- great part, if not the whole of the land belonging to that tion; that their duty is to remain as their Creator made tribe eastward of that river, in the States of North Caro , thein, ignorance being safety, and knowledge full of lina, Georgia, and Tennessee, aud in the Alabama terridanger; in short, my friends, among them are seen the actory, will soou be acquired." tion and counteraction of good sense and bigotry. They

The House will remark how far these flattering anticitoo, have their apti-philosophers, who find an interest in pations are yet from being realized. keeping things in their present state, who dread reforma Tbe President continues : “ The hunter state can exist tion, and exert all their faculties to maintain the ascen- only in the vast uncultivated desert. It yields to the more dancy of habit over the duty of improving our reason, dense and compact form, and greater force of a civilized and obeying its mandates."

population; and of right it ought to yield, for the earth was, Io the inessages of 1805-6 and '7, the efforts of the given to mankiud to support the greatest number of which Government to preserve peace—the acceptance of ces it is capable; and 10 tribe or people have a right to withsionsmibe determination to promote their progress and hold from the wants of others more than is liecessary for welfare, are mentioned

their own support and comfort. It is gratifying to know,

H. OF R.)

Removal of the Indians.

(MAY 19, 1830

that the reservations of land made by the treaties with the In the message of 1821 there is nothing of peculiar i tribes on Lake Erie, were made with a view to individual terest relative to the Indians. ownership among them, and to the cultivation of the soil lo 1822, the President informs Congress of the abolitice by all, and that an annual stipend has been pledged to sup- of the trading houses, in cocformity with the act for that pły all their own wants. It will merit the cousideration purpose. of Congress, whether other provision, bot stipulated by Iu 1823, there is nothing important on this topic trenty, ought to be made for these tribes, and for the ad. In 1824, the President informs Congress of some Indisa vancement of the liberal and frumave policy of the United hostilities on the upper Mississippi ; of the preservation of States towards all the tribes within our limits

, and, more pacific relations with the other tribes; and, after remarkparticularly, for their improvement in the arts of civilized iog upon the schools, pursues the general subject thos: life."

"l'he condition of the aborigines within our limits

, In the message of 1818, speaking of foreigo adventurers and especially those who are within the limits of any of among the savages, the President says: " It is to the inter- the States, merits likewise particular attention. Expe ference of some of these adventurers, in misrepreseutiny rience bas shown, that, unless the tribes be civilized, they the claims and titles of the Indians to land, and in practis- cun never be incorporated into our system, in any foru iog on their savage propensities, that the Seminole war is whatever. It has likewise shown, that, in the regular principally to be traced."

augmentation of our population with the extension of or On the general topic, he remarks, in the same message: setilements, their situation will become deplorable, if their “ Experience has clearly demonstrated that independent extinction is not menaced. Some well digested plan, invage communities cannot long exist within the limits of which will rescue them from such calamities, is due to a civilized population. The progress of the latter has al- their rights, to the rights of humanity, and to the box most invariably terminated in the extinction of the former, of the nation. Their civilization is indispensable to their especially of the tribes belonging to our portion of this sufety, and this can be accomplished only by degrees

. hemisphere, among whom loftiness of seutimeut and gal. The process must commence with the infant state, through lantry in action have been couspicuous. To civilize them, whom some effect may be wrought on the parental Dit and even prevent their extinction, it seems to be indispen- ficulties of the most serious character present themselves sable that their independence, as communities, should to the attaioment of this very desirable result, on the tercease, and that the control of the United States over them ritory on which they now reside. To remove them from should be complete and undisputed. The bunter-state it by force, even with a view to their own security and will then be more easily abandoned, and recourse will be happiness, would be revolting to bumanity, and utterly had to the acquisition and culture of land, and to other unjustifiable. Between the limits of our present States pursuits tending to dissolve the ties which coonect them and territories, and the Rocky Mountains and Mexico, there together as a savage coinmunity, and to give a new cha- is a vast territory to which they might be invited, with isracter to every individual. I present this subject to the ducements which might be successful. It is thought, if consideration of Congress, on the presumptiou that it may that territory should be divided into districts, by previous be found expedient and practicable to adopt some be- agreement with the tribes vow residing there, and evil nevolent provisions having these objects in view, relative governments be established in each, with schools for every to the tribes withio our settlements."

branch of instruction in literature and in the arts of In the messages of 1819 and 1820, the passages relative civilized life, that all the tribes now within our limits migbt to lodian affairs either do not bear so immediately ou this gradually be drawn there. The execution of this plab question, or do not present any thiog material to be quoted. would vecessarily be attended with expense, and that we Ia bis inaugural address of 1821, Mr. Moproe expresses inconsiderable; but it is doubted whether any other can himself thus:

be devised, which would be less liable to that objectica " The care of the Indian tribes within our limits bas or more likely to succeed.” long been an essential part of our system; but unfortu On the 27th January, 1825, Mr. Monroe sent his special nately, it has not been executed in a naper to accoin message to Congress, on the subject of the Indians, accou. plish all the objects intended by it. We bave treated panied by the then Secretary of War's plan of colonizathem as independent nations, without their having any iion. That message and report are comparatively so re substantial pretensions to that rank. The distinction bas cent and well known, that be would only quote a sbort ; flattered their pride, retarded their improvement, and, in paragraph from each. Mr. Moproe says : many instances, paved the way to their destruction. The " Experience has clearly demonstrated, that, in their pre progress of our settlements westward, supported, as they sent state, it is impossible to incorporate them, in such are, by a dense population, bas constautly driven thero masses, in any form, into our system. It has also denot back, with almost the total sacrifice of the lands which strated, with equal certainty, that, without a timely anticithey have been compelled to abandon. They have claims pation of, and provision against, the dangers to which they on the magnanimity, and, I may add, on the justice of this are exposed, under causes which it will be difficult, if not pation, which we must all feel. We should become their impossible to control, their degradation and extermivation real benefactors; we should perform the office of their will be inevitable." great father, the endearing title which they emphatically Mr. Calhoun, in his report, speaking of the southera give to the Chief Magistrate of our Uniou. Their sove tribes, says: reignty over territories should cease; in lieu of wbich, the * Of the four southern tribes, two of them, the Cheroright of soil should be secured to each individual and bis kees and Choctaws, have already allotted to them a traer posterity, in competent portions, and, for the territory of country west of the Mississippi. That which has been thus ceded by each tribe, some reasonable equivalent allotted to the latter, is believed to be sufficiently ample should be granted, to be vested in permanent funds, for for the whole nation, should they emigrate; and if so ar the support of civil government over them, and for the rangement, which is believed not to be impracticable, education of their children; for their instruction in the could be made between them and the Chickasaws, who are arts of husbandry, and to provide sustenance for them their neighbors, avd of similar habits and dispositions, it until they could provide it for themselves. My earnest would be sufficient for the accommodation of both. A hope is that Congress will digest some plan, founded on sufficient country'should be reserved to the west of the these privciples, with such improvements as their wisdom Cherokees, on the Arkansas, as a means of exchange with may suggest, and carry it into effect ns soon as it may be tbose who remain on the east. To the Creeks might be practicable."

allotted a country between the Arkansas and Canadian

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