Let those who are willing to cultivate the arts of civilization, be formed into a colony, consisting of distinct tribes or communities, but placed contiguous to each other, and connected by general laws, which shall reach the whole. Let he lands be apportioned among families and individuals in severalty, to be held by the same tenures by which we hold ours, with some temporary and wholesome restraints on the power of alienation. Assist them in forming and administering a code of laws adapted to a state of civilization. Let the $10,000 appropriation be applied, within the new colony, exclusively to the same objects for which it is now expended;* and add to it, from time to time, so much of our other annual contributions, as can be thus applied without a violation of public faith. In regard to such Indians as shall still remain within the states, and refuse to emigrate, let an ar. rangement be made with the proper authorities of the respective states in which they are situated, for partitioning out to them, in severalty, as much of their respective reservations as shall be amply sufficient for agricultural purposes. apart a tract, proportioned in size to the number of Indians, to remain in common, as a refuge and provision for such as may, by im. providence, waste their private property; and subject them to all the municipal laws of the state in which they reside. Let the remainder of the reservation be paid for by those who hold the paramount right, at such prices as shall be deemed, in reference to the uses which Indians are accustomed to make of lands, reasonable; and the proceeds to be applied for the benefit of those of the tribe who emigrate, after their establishment in the colony; or to be divided between those who emigrate and those who remain, as justice may require." The committee on Indian affairs coincided in the view taken by the Secretary of War, except as to the appropriation of $10,000 for education, which, in the opinion of the committee, was judiciously employed at present. Upwards of 1,300 children were enjoying the benefits of the appropriation, and the distribution of the whole sum seemed to be judiciously made, and to have essentially contributed to the improvement of the Indian character. They therefore were opposed to the repeal of that law. They, however, recommended an additional appropriation of Set $50,000, towards carrying the pro. posed plan into effect. The bill they brought in for that purpose was not acted on, and the whole subject was referred to the wisdom of the succeeding administration. To the education of Indian children, and teaching them the mechanic arts. CHAPTER IV. Opening of the twentieth Congress.-Message of President-Business of Congress-Duties on wines-On salt--Process in United States Courts -Proceedings in Senate-In House-Powers of Vice President-Adjournment. THE first session of the 20th Concress commenced on the 4th of December, 1827. In the senate, all the members were present at the commencement of the session, except two. In the House of Representatives 207 members answered to their names, and proceeded to organize the house. Upon balloting for speaker, Andrew Stevenson, of Virginia, had 104; John W. Taylor, of New-York, had 94, and 7 scattering. The opposition speaker having been elected, the house adjourned to the next day, when the annual message of the President of the United States was transmitted to congress. This message will be found among the public documents, in the second part of the present volume. It gave a clear and suc. cinct account of the state of our foreign relations. After stating that the first article of the treaty of Ghent had at last been carried into effect, and $1,204,960 received from the Bri tish government, as full indemnity to the claimants; it proceeded to state the nature of the existing conventions with Great Britain, respecting commerce, and the boundaries between the territories of the parties beyond the Rocky mountains; and that it had been thought expedient to extend their duration for an indefinite period, with liberty to either party to terminate them after twelve months' notice. Congress was also informed, that the questions with that government, concerning the northern and north-western boundaries of the United States, had been satisfactorily settled, and a convention concluded, referring the dispute respecting the northeastern boundary to the decision of a common umpire. The result of the controversy about the trade to the British West Indies, of which a full account was given in the third chapter of the last volume, was communicated to congress; and the peaceful relations of the United States with the rest of Eu-* rope were mentioned, as a subject country between the bays of Mo of just congratulation. The state of the public finances was fully detailed. The receipts, during the year 1827, presented an aggregate of $21,400,000 ;— the expenditures amounted to $22,300,000. The revenue of the ensuing year was estimated at a sum about equal to the expenditures of the present; but the necessity of extinguishing the public debt, induced the president to recommend to congress the strictest economy in its appropriations. The receipts from the Post-Office exceeded its expenditure $100,000. Some disturbances had occurred on the north-western frontier, among the Indians; but the prompt movements on the part of the governors of Illinois and Michigan, aided by the presence of the United States troops, had restored tranquillity. The perpetrators of the murders were surrendered to the authority of the laws of the United States, and the hostile purposes of the Indians overawed. An augmentation of the engineer corps was recommended; and the reports of surveys, which had been made since the adjournment, were submitted to congress. These consisted of surveys of the peninsula of Florida, to ascertain the practicability of a canal to connect the waters of the Atlantic with the gulf of Mexico, across that peninsula; and also, of the bile and of Pensacola, with the view of connecting them together by a canal; Of surveys of a route for a canal to connect the waters of James and Great Kenhawa rivers; Of the survey of the Swash, in Pamlico sound, and that of cape Fear, below the town of Wilmington, in North Carolina; Of the survey of the Muscle shoals, in the Tennessee river, and for a route for a contemplated communication between the Hiwas. see and Coosa rivers, in the state of Alabama. Other reports of surveys, upon objects pointed out by acts of congress, were stated to be in a course of preparation. The propriety of progressing in the systems of internal improvement, and of fortifying the sea coast, was again enforced upon the wisdom of congress. The increase of the navy, and the improvement of its character, by means of a naval school, were also recommended. The situation of the public lands was alluded to; and the propriety of extending the credit to the purchasers, and remitting the interest, was suggested, as due to the necessities of a portion of those who were indebted to the government on that account. The business which annually comes before congress, may be classed under three heads: first, tually less, under the present rate of duties, than it would be under the reduced rate, should the con. sumption of wine advance to its former standard. The duty on the maintaining the established policy of the country, and providing for the necessities of the government. All measures of this sort are carried into execution by means of appropriations; and the discussions concerning their expediency, generally arise upon the annual appropriation bills. The second comprehends all measures changing or modifying the national policy; and all new propositions generally fall under this head. The third consists of claims, resolutions for inquiry, and miscellaneous matters. The chief measure of general in. terest of the second description, which was acted upon at this session, was the tariff'; and the history of all the proceedings relating thereto, will be found in that second. Other propositions, relative to the existing rate of duties on other articles, were brought forward, chiefly with the view of affording some relief to the navigating interest. A bill reducing the duties on wines passed into a law, after a close division in the house. Under the existing rate of du. ties, the consumption of wines, and, consequently, the commerce with the wine-growing islands, had been constantly diminishing; and to such an extent had this taken place, that the amount of revenue from the duties on wines was ac non-enumerated wines was some. what advanced, and their consumption would probably be dimi nished; but, on the whole, it was believed, that the consumption of wines would be increased by the proposed modification of duties, and that the total amount of revenue from that source would be augmented. By this bill, the duty on the red wines of France and Spain, when imported in casks, was reduced to 10 cents per gal. lon; on all other French and Spanish wines, and on those of Germany, and the Mediterranean, im. ported in casks, 15 cents per gal. lon. On sherry and Madeira wines, 50 cents per gallon; and when imported in bottles, the duty on the bottles to be added. On all other wines, 30 cents per gallon; and when imported in bottles, the duty on the bottles in addition. A drawback to be allowed on exportation, according to the existing regulations concerning draw. backs. In the house, May 21st, this bill was at first rejected by a vote of 87 ayes, 88 nays; but, a reconsideration being moved, the previous question was called for, and the bill passed-91 ayes, 83 nays. In the senate Mr. Chandler op. posed the reduction of duty, on the ground that it was levied on what he deemed an article of luxury, chiefly used by the rich; and called for the yeas and nays on the bill. It was then passed-ayes 25, nays 10. A bill introduced in the senate with the view of reducing the duty on salt, was less fortunate. This subject had been brought before to the consideration of congress ; and the attempt to reduce the duty had been resisted, because it was asserted that the revenue derived from the duty could not be spared; and, secondly, because the duty was required for the protection of the domestic manufacture of the same article. It was contended by the advo. cates of the reduced duty, that both these effects could not follow. If the increased quantity of imported salt injured the domestic manufac. turers, the diminution in the rate of duty would be compensated by the duty being levied on a greater amount of salt imported. A long discussion ensued, on the propriety of reducing the duty; but the bill was finally laid on the table; and the senate, by a vote of 25 to 21, refused to resume the consideration of it. A bill was also introduced in the house, extending the time within which merchandise may be ex ported with the benefit of drawback; but the pressure of other business prevented its consideration until the second session. In the senate, at an early part of the session, a very important question arose, when the bill regulating the process in the federal courts came under consideration, which induces us to give a short account of the establishment of the judicial system of the United States. In order to avoid one of the dif ficulties which existed under the old confederation, and which, in fact, was the main cause of its inefficiency, the federal constitution was framed so as to make it operate directly upon the people, instead of being carried into effect by means of the state laws. The federal constitution, and the laws made in conformity to it, were intended to be paramount to state legislation, and are so declared to be by the constitution; and inasmuch as it was foreseen, that these laws, made to subserve the general interest, must occasionally clash with local interests, provision was made to execute them, without the aid of the state authorities, through federal tribunals. In carrying into effect this provision of the constitution, congress laboured under peculiar difficulties. A judicial system was to be prepared for a people, divided into distinct communities, possessing distinct |