H. OF R.]

Death of Senator Noble.—Indian Question.

[FEB. 28, 1831.

reasoning of the gentleman has failed to convince himself chanan, Burges, Butman, Cahoon, Chilton, Clark, Conof this. dict, Cooper, Coulter, Cowles, Craig, Crane, Crockett, The gentlemen assert that these documents, though Creighton, Crowninshield, John Davis, Denny, Dickinson, once printed for use and preservation, are not wanted; Doddridge, Drayton, Dudley, Duncan, Dwight, Eager, and yet one of them has called for the second reading of a Ellsworth, George Evans, Joshua Evans, Edward Everett, letter addressed to you, sir, by Mr. Green, the public Horace Everett, Finch, Forward, Gilmore, Grennell, Gurprinter, and presented to the House yesterday morning. ley, Hawkins, Hemphill, Hodges, Hughes, Hunt, HuntThe reading of this paper could not have been demanded ington, Ingersoll, Johns, R. M. Johnson, Kendall, Kincaid, for the purpose of showing what has been put forth as the Leiper, Letcher, Martindale, Mercer, Mitchell, Muhlenmain allegation, that the documents are not useful or not berg, Pearce, Pierson, Ramsey, Randolph, Reed, Richarddemanded by the public, for this individual states his be- son, Rose, William B. Shepard, Semmes, Sill, Ambrose lief that an edition might be disposed of to States, public Spencer, Stanbery, Sterigere, Henry R. Storrs, William institutions, &c. so as to pay the publisher without asking L. Storrs, Strong, Sutherland, Swann, Swift, Taliaferro, aid from Congress. The gentleman from Kentucky [Mr. | Taylor, Test, Tracy, Vance, Varnum, Verplanck, VinWICKLIFFE] says he believes he understands this, and has no ton, Washington, Wayne, Whittlesey, C. P. White, E. doubt, when the work is published, Congress will be soli- D. White, Wilde, Williams, Wilson, Wingate, Young.cited to take some copies of it. I entertain the same opi-98. nion, for we cannot get on well without them. I there

NAYS.-Messrs. Alexander, Allen, Alston, Anderson, fore would not delay, to see whether this proposition is Angel, Armstrong, Barnwell, James Blair, John Blair, executed, and run the hazard of having it executed to our Bockee, Boon, Borst, Brodhead, Brown, Cambreleng, satisfaction, but would proceed at once to the business, Carson, Chandler, Claiborne, Clay, Coke, Coleman, Conand have the publication made under the care and super-ner, Crawford, Crocheron, Daniel, Davenport, Warren vision of our own officers, the Secretary of the Senate and R. Davis, Desha, De Witt, Draper, Earll, Findlay, Ford, Clerk of the House, as the bill provides; and if there be Foster, Fry, Gaither, Gordon, Hall, Halsey, Hammons, more copies than we have occasion for, we may easily dis- Harvey, Haynes, Hinds, Holland, Hoffman, Howard, Hubpose of them if the public printer is right in his opinion bard, Ihrie, W. W. Irvin, Isacks, Jarvis, Cave Johnson, about the demand for the work. I think, sir, on a full Kennon, Perkins King, Adam King, Lamar, Lea, Leavitt, view of the facts, that no reasonable doubt can be enter- Lecompte, Lent, Lewis, Loyall, Lumpkin, Magee, Thotained of the propriety of publishing these papers anew, mas Maxwell, McCreery, McCoy, McDuffie, McIntire, for the convenience of Congress and the public good de- Miller, Nuckolls, Overton, Patton, Pettis, Polk, Potter, mand it. An objection, however, has been made to the Rencher, Roane, Russel, Sanford, Aug. H. Shepperd, manner of doing it. Gentlemen ask why certain printers Shields, Speight, Richard Spencer, Standefer, Stephens, are designated in the bill; and there, probably, lies the Wiley Thompson, John Thomson, Trezvant, Tucker, great obstacle with some to the measure. We have been Weeks, Wickliffe, Yancey.-93.

MONDAY, FEBRUARY 28.

asked, in the apparent spirit of triumph, in the course of Mr. MCDUFFIE moved to suspend the rule, to enable the debate, why are not proposals made for the lowest him to make a motion to discharge the Committee of the bidder, that we may have the benefit of competition? Sir, Whole from the resolution to amend the constitution relative the bill authorizes the Clerk to subscribe for a certain to the election of President, it was understood, and bring number of copies, the price of which is not to exceed it into the House, but there were not quite two-thirds in what we pay for the public printing. Now, I would ask the affirmative, and the motion was lost. in turn, if this mode of setting contracts up at auction be Adjourned. wise, why do we elect by ballot a public printer? Why is not that work set up for the lowest bidder, instead of being regulated by law? If I am not misinformed, men can be found, nay, men have actually made proposals, who will take it for less than the law allows; but the experi-cretary, notifying this House that the honorable JAMES A message was received from the Senate by their Seence of Congress has produced the conviction, that work NOBLE, a Senator of the United States from the State of Indone by speculators is less likely to be done faithfully and diana, died at his lodgings in this city on the 27th instant, with despatch, than when it is put out at a reasonable and and that his funeral will take place this day at half past just compensation. The rule which applies to the public eleven o'clock A. M. Whereupon, printing applies to this business. It should be made under

DEATH OF SENATOR NOBLE.

Mr. TEST moved the following resolution, viz. the immediate supervision of our own officers; and I can see Resolved, That the members of this House will attend no reason why the price should be complained of, when the funeral of the honorable JAMES NOBLE, late a member its maximum can never reach above what we pay the pub- of the Senate from the State of Indiana, this day, at the lic printer. I do not feel at liberty to neglect a duty hour appointed; and as a testimony of respect for the me which Congress is called upon, in the most imperative manner, to perform, any longer. The publication is iden-mory of the deceased, they will go into mourning, and wear crape round the left arm for thirty days. tified with the history, progress, and principles of this This resolution was agreed to unanimously. Government, and all who feel an interest in its preservaOn motion of Mr. VĂNCE, it was then tion and success must acknowledge the necessity of saving the lights of experience, not only to guide us, but all of the late Senator NOBLE, the House will take a recess Ordered, That, for the purpose of attending the funeral who may come after us. I would not so soon forget the until three o'clock P. M. works of the fathers of the country, nor suffer them to be buried with their authors.

The previous question was then moved by Mr. PETTIS, and was sustained by the House.

The previous question, that is, Shall the main question be now put? was, on the call of Mr. SPEIGHT, taken by yeas and nays, and carried-107 to 77.

The main question, on the passage of the bill, was then put by yeas and nays, and carried as follows:

YEAS.-Messrs. Archer, Arnold, Bailey, Barber, Barbour, Barringer, Bartley, Bates, Baylor, Beckman, Bu

And then the House adjourned to three o'clock.

THREE O'CLOCK P. M.

The House resumed its session according to adjourn ment.

INDIAN QUESTION.

The House resumed the consideration of the memorial from Massachusetts, presented on the 7th instant by Mr. E. EVERETT, and the motion made by Mr. EVERETT on the 14th instant, that the said memorial be referred to the Committee on Indian Affairs, "with instructions to report

FEB. 28, 1831.]

The Cumberland Road.-Indian Treaties.-indian Affairs.

ing.

[H. OF R.

a bill making further provision for executing the laws of agreed to; and the bill was then ordered to a third readthe United States on the subject of intercourse with the Indian tribes; and, also, for the faithful observance of the treaties between the United States and the said tribes." Mr. BELL was entitled to the floor; but he being absent, in consequence of indisposition,

Mr. DRAYTON moved that the House take up the bill making appropriations for the Engineer and Ordnance Departments, &c.; but Mr. McDUFFIE opposed the motion, as there were items in the bill which he could not agree to, and the others were immaterial; and the motion was negatived.

Mr. SUTHERLAND said that he had prepared himself for the discussion of this subject, and believed that he had it in his power to submit some views of it, not of The House proceeded to the consideration of the bill fered by any other gentleman; but inasmuch as no legis-making appropriations for building lighthouses, lightboats, lative action could grow out of a decision of the pending beacons, and monuments, and placing buoys; and the question at this late period of the session, and as the fur- amendments reported thereto from the Committee of the ther discussion of it would consume time necessary for the Whole House on the 25th ultimo, were read, and contransaction of other important business, he would forego curred in by the House. his own desire to deliver his views on it, and move that the resolution be laid on the table.

Mr. POTTER moved that there be a call of the House; which was refused, by yeas and nays, by a large majority. The question was then put on the motion of Mr. SUTHERLAND, and carried by a large majority, by yeas and nays. The engrossed bill allowing the duties on foreign merchandise imported into Pittsburg, Wheeling, Cincinnati, Louisville, St. Louis, Nashville, and Natchez, to be secured and paid at those places, was read the third time, and passed.

[When this bill was under consideration on Saturday, a long discussion took place, in which Messrs. CAMBRELENG, CARSON, HUNTINGTON, WICKLIFFE, INGERSOLL, RICHARDSON, HOWARD, and WILDE, participated. A motion to lay the bill on the table was lost-the previous question was demanded and sustainedand the bill ordered to be engrossed, and to be read a third time.]

THE CUMBERLAND ROAD.

Mr. YANCEY asked for the reading of the bill, but it was objected to, and refused.

Mr. DRAPER demanded the yeas and nays on the third reading of the bill, but they were refused; and,

After Mr. YANCEY had made some remarks against the bill, it was ordered to be engrossed, and read a third time.

INDIAN AFFAIRS.

making appropriations for the Indian Department for the The House proceeded to the consideration of the bill year 1831; and the amendments reported thereto from the Committee of the Whole House on the 17th instant, were read, and concurred in by the House.

A motion was made by Mr. BATES, of Mass., further to amend the said bill, by adding thereto the following as an additional section, viz.

dian nations or tribes shall be paid hereafter in the way “And be it further enacted, That the annuities to the Inand manner they have usually been paid since the grant thereof, or until the said nations or tribes, respectively, shall, in general council, otherwise direct."

Mr. VINTON, from the Committee on Internal Improvements, to which was referred the bill from the Sen- Mr. BATES said he offered this amendment in Comate, entitled "An act declaring the assent of Congress to mittee of the Whole, and in deference to the wishes of the an act of the General Assembly of the State of Ohio," here- Committee of Ways and Means; and, upon the assurance inafter recited, reported the same with an amendment, that an opportunity should be afforded in the House, he At this late hour affecting the tolls and exemptions from tolls on the Cum-forbore then to state the grounds of it. berland road; which being read, a considerable debate of the day, and late day of the session, said Mr. B., I will arose; and, after the debate had continued some time, confine myself strictly to the point, because I do not inA motion was made by Mr. SUTHERLAND, that the tend to afford the slightest apology or occasion for a defurther consideration thereof be postponed until to-mor-mand of the previous question, as I wish to obtain the This motion was decided in the negative. judgment of the House distinctly upon the proposition involved in the amendment proposed.

row.

The question was then put, that the House do agree to the amendment reported to the said bill, and decided in the negative--63 to 80.

Another amendment was then proposed to said bill by Mr. ANGEL; when

The previous question was moved by Mr. STANBERY, and being carried,

Since the foundation of the Government, said Mr. B., the practice has been one and undeviating--that of paying these Indian annuities to the nations, and not to the individuals composing the nations. This Government has never intermeddled with the disbursement or distribution of them. Sometimes they have been applied by the natives, partly for the support of their Government, for the

The main question was put, viz. Shall the bill be read a third time? and passed in the affirmative without a divi-maintenance of their schools, the purchase of agricultural sion.

INDIAN TREATIES.

The House proceeded to the consideration of the bill to carry into effect certain Indian treaties; and the amendments reported from the Committee of the Whole House on the 25th ultimo were read, and concurred in by the House.

Mr. McDUFFIE renewed the motion made by him in Committee of the Whole, to insert an appropriation of eighty thousand dollars for carrying into effect the Choctaw treaty lately ratified by the Senate.

Mr. STANBERY objected to this, because the appropriation of last year of five hundred thousand dollars would cover this object; and a long debate arose on the subject, in which Messrs. LUMPKIN, STRONG, WILDE, POLK, MCDUFFIE, WAYNE, WICKLIFFE, CAMBRELENG, LEWIS, YANCEY, and TAYLOR, joined. The amend ment was modified, on the motion of Mr. TAYLOR, and was

implements, or for any other purpose which was most pleasing to themselves. The annuity to the Cherokees has latterly been paid into the public treasury of that nation; the annuity to the Creeks has been paid to the headmen of the different towns; and the annuities to the other nations have been paid in the way and manner they thought proper to direct.

In June last an order was issued by the Executive, reversing this ancient and uniform practice. I will send the order to the Clerk, and thank him to read it. It is as fol. lows:

DEPARTMENT OF WAR, 18th June, 1830.

Sir: The President directs that the practice of paying annuities to the treasurer of the Cherokee nation shall from henceforth be dis continued; and that, with a view to secure to the mass of the nation their proper proportion of such annuity, the same shall be hereafter paid in every case to the individuas respectively entitled; that is to say, to the chiefs and warriors and common Indians, and their fami lies, in the ratio in which these several classes are entitled; where there are Indians without families, the payments are to be inade to

them personally, and not to their chiefs. This mode of distribution senior.
is not, under any circumstances, to be departed from.
I am, &c.

To Col. HUGH MONTGOMERY,

P. G. RANDOLPH,

Cherokee Agent, Calhoun, Tennessee.

Act. Secretary of War.

This order was not confined to the Cherokees, but, in terms, was issued to the other nations. In January last, the Cherokee delegation were informed by the War Department, "that the order referred to is not applicable to the annuities of their nation exclusively, but to those of all other tribes entitled to them."

[FEB. 28, 1831.

What is to

What sort of a voucher is he to take? The Indian cannot write: he can make the racoon mark-that is all. The others come on in succession; and, before the payment is half closed, those whose business has been despatched, disguised by new paint and new ornaments, return. Then another class, still, who have become entitled since the last census, and for whom there is no money. And then come the children of those who have died since the last census, claiming their fathers' share, and each child his share of that share. After the racoons, then come the foxes, and the birds, and all the other living things, or material objects. I venture to say that the SeTo say nothing of the difficulty arising from the ambi-cretary himself, before half n..ridian, would throw down guous phraseology of this order, the House perceives at his money bags, and be off for Tennessee. once that it takes from the Indian nations the right, and protect the agent from endless imposition? or the Indians assumes the burden, of distributing the Indian annuities. from endless frauds? How can the agent make the pay. It makes them-chiefs, warriors, and all-the mere pas-ments? or, if he can, how produce the requisite vouchers? sive recipients of your bounty, in such proportion as the It is a plan expensive and troublesome to us; vexatious Executive may see fit to dole out to them. and ruinous to the Indians. This order makes the annuity But, in the first place, I would respectfully inquire, a debt due to individuals: you must, in justice, therefore, how is this order to be executed? Among whom are the see it paid to them. Hence we shall have a new class of priannuities to be distributed? Are females to be included? vate claims upon this Government, outnumbering all others. Or if only males, males of what age? What is to be the But, sir, I deny the right of the Executive to make this ratio of distribution? The order says, "to chiefs, war- order. These annuities are debts due to the Indians-riors, Indians with families, and Indians without families." not gratuities. They are debts for which you have the Is the chief to have more than the warrior? the warrior value received. You owe them. Your relation to them than the Indian? or the Indian with a family more than the is that of debtor, not master. They are not only debts, Indian without a family? In fixing the ratio of distribution, but they are debts due to nations. They are recognised is rank or property to be taken into the account? What- as such by every treaty-not as debts due to individuals, ever course is pursued, by reason that some must die and but, in terms, to nations. They are debts due nations some will be born, the House perceives that at least an who have a Government of their own, and want not our annual census will be indispensable: for if these annuities interposition in their affairs. The Cherokees, the Creeks, are due to the people individually, and not to the nation, and Chickasaws are well known. The Secretary of War exact justice must be done to each. Well, sir, this some-tells us that, in the Choctaw nation, "there are three what difficult preliminary business being settled, let me divisions, each of which is governed by a chief, who, suppose the day of payment to have arrived. The amount within his limits, acts independently of the others. In his of the annuities exceeds by a fraction two hundred and Government he is aided by minor and subordinate chiefs, forty-five thousand dollars. The annuity to the Chero-called captains, each of whom acts, within his particular kees is between six and seven thousand. If the distribu-sphere, distinct. The people are subordinate to the caption be made according to numbers, without reference to tains, the captains to the chiefs." And all the other narank, property, or condition, each Cherokee will receive tions have a Government of some sort-such as they about forty cents as his share, choose one that satisfies them--and this should satisfy us.

The annuities must, therefore, be paid in silver or cop-Now, sir, I demand, by what right do we undertake to say per coin, the transportation of which will be a heavy ex- that these annuities shall be paid to individuals? Might pense. The territory of the Cherokees does not vary we not as well have said that the purchase money of Loumuch from two hundred by eighty miles in extent, and the isiana should be paid to the citizens of France? Or may agency is established in the northwest corner of it. Now, we not as well now say that the debts due the States of sir, let me suppose that the agent, Colonel Montgomery, this Union shall be paid, not to the order of the Governhas received his money, and, with his wagon or mules ment, not into the State treasury, but directly to the peo laden, is on his way, making his annual visitation to each ple? And let but the Executive send agents and subagents member of the tribe. Perhaps it is not too much to say enough into the States, and they will find among the ignothat he will need a guard, by night at least, if not to pro- rant, the disaffected, the servile, and the sycophantic, tect himself, to protect his treasure. But I shall be told those who will approve the measure, and, if need be, imthat this is not the plan; that the agent is not to go to the plore it. Sir, you have no right, but the right of the people, but that the people are to come to him. Well, strongest, the right of him who puts hand upon the hilt of sir, be it so. At the time appointed, the Cherokees come his sword for his proof. You have the power--the "gito the agent, at his agency house, some of them a distance ant's power"-that is all. Will the House hear the opinion of two hundred miles-upon an average, near one hun-of Mr. Jefferson upon this subject? In 1808, he spoke dred. Now, the first thought that occurs to the mind is, to the chiefs of the Upper Cherokee towns as follows: that a single share-forty cents--will not pay the expense "You complain that you do not receive your just proof the journey, much less the loss of time in making it. The next is, that, for such a numerous, and, I may add, troublesome and dangerous assemblage of men, extensive provision must be made, which will add another item to the present enormous amount of our Indian appropriations. But to proceed. Few of the Indians except those who have had intercourse with the whites, have more than one name, and that has reference frequently to some living or material object, There are, for instance, many whose name, in English, means racoon, or fox, or bird. Now, sir, I will suppose that all of the same cognomen come at the same time to receive their portions of the annuity: there are three or four hundred racoons. The agent pays the

portion of the annuities we pay your nation--that the chiefs of the lower towns take for them more than their share. My children, this distribution is made by the authority of the Cherokee nation, and according to their own rules, over which we have no control. We do cur duty in delivering the annuities to the headmen of the nation, and we pretend to no authority over them, to no right of directing how they are to be distributed.”.

These are the correct principles upon this subject, of which one would think the practice of this Government for forty years, independent of the terms in your bond, would be satisfactory proof as of the wisdom of which it has been a continued illustration.

FEB. 28, 1831.]

Indian Affairs.

[H. of R.

I might stop here, but I should do injustice to the claims their case might require. I have the order before me; of the Indian nations if I were to omit to state briefly the there is no question as to the power. They did draw, and effect of this order upon them. I will not speak of its payment was refused, and still is refused, by the Execuobject. It is known to this House, to the country, and to tive. At the same time, the Creek delegation have been the world, that the Cherokees are engaged in a most une-paid so far as they needed for their expenses, and so far qual conflict for their existence as a nation. They claim as the nation owed for the education of the Creek chilof the United States the execution of the Indian treaties dren "upon Colonel Johnson's farm in Kentucky." But which guaranty to them protection, and the execution of even the Creeks, as I am well informed, were refused, the intercourse law of 1802, in which the provisions of until assurance was given that they were not here co-opethose treaties are embodied. Georgia has decided that rating with the Cherokees. The House, therefore, perthese treaties, as also the law, are unconstitutional and ceives that this order cuts off, at once, the resources of void. The Executive has confirmed that decision, and the Cherokees, and as far as this Government can do it; refuses to execute them. Thus the Cherokees are aban-and, at this crisis of their affairs, takes from them the doned to their fate. In order to try this important, and means of defence, and denudes them for sacrifice. The to them and to us interesting and momentous question, further effect of this order will be to create a 'severalty the Cherokees, in a case in the courts of Georgia, in which and individuality of interest throughout all the Indian naone of the tribes was put on trial for his life, for an offence tions, that will weaken the mutual dependence and destroy committed within the jurisdiction of the Cherokee nation, the subsisting harmony among chiefs, warriors, and peocaused those treaties to be pleaded, which, if constitu- ple; bringing the agents and subagents of the United tional, ousted Georgia of her jurisdiction of the case, and States into contact with every individual native, and afturned the criminal over to the courts of his own nation, fording them an opportunity, if they shall be base enough, to be punished according to the laws of his own people. to use it, to distract, confound, and break them up forThe courts of Georgia decided that the treaties were un-ever. I beg the House, therefore, to consider the nature constitutional, and condemned the prisoner to death. To and extent of our obligations to these tribes, and whether bring the question under the revision of the Supreme it is not due to justice, and to our own honor, if nothing Court of the United States-a constitutional question be due to them, to interfere in their behalf, at least so far arising under the treaties of the United States, and there-as this amendment goes.

fore most appropriately to be examined and decided there I have thus spoken briefly of the tendency and effect a writ of error was brought, according to the provisions of this order. Allow me to inquire, in conclusion, what of existing law, of which Georgia had notice, and which necessity or occasion there is for it. The Secretary has Georgia defeated by executing the Cherokee. This exe-given us the rules by which his department is governed. cution was against law, if there be any force in the Indian Some of the Choctaw nation, not satisfied with the late treaties, or in the intercourse law of 1802. Thus defeat-treaty, undertook to depose one of their chiefs, and to elect ed by such an act, the Cherokees have applied to the Su- another. They gave notice to the War Department of preme Court for an injunction against Georgia to stay her what they had done. The Secretary informed them that hand. Now, permit me to pause here for a moment, and "this Government means not to interfere with their maninquire, had the Cherokees declined this forum, and re-ner of self-government-it cannot recognise what has fused to submit this question to its decision, would not the been done by a few; when chosen by a majority of the world have said it was because they had no confidence in division, and that fact certified by their General Council, the justice of their cause? And yet the Cherokees might the chief will be recognised." Very properly the Secrewell have answered--we hold your treaties, for which we tary here says, that the complaints and acts of individuals have paid you-we have parted with our land, and you cannot be regarded, and nothing short of the doings of hold it by virtue of them. Down to these disastrous times the nation in "General Council," duly "certified," will you have always considered them as valid, and acted upon form a proper basis for the action or interposition of this them as valid. The Supreme Court is alien to us; we had Government.

no agency in its formation--can have no influence with nor The opinion of Mr. Jefferson, which I have quoted, is control over it: its interest and bias will be in favor of to the same effect. Whatever complaints, therefore, may your people, and against us. All this they might have have come from individuals, or from agents or subagents said. Yet, in the strong confidence they feel in the truth this order was not issued in consequence of them. But, and justice of their cause, and in the integrity, the honor, so far as the Cherokees are concerned, I have it in my and independence of the court, they seek this reference power to say, and to prove, that no complaints have been of the question, and Georgia-declines it! Nay, she insists made. In July last, the 12th day, Colonel Montgomery, upon the exclusive right, in virtue of her State sovereign- the agent, understanding "that there was to be a special ty, to settle this question finally and irreversibly for her- meeting of the General Council of the Cherokee nation," self, and by her own courts, the judges of which are enclosed to the chiefs a copy of the order of June, with elected periodically by her own citizens-are imbued, I a request "that the necessary arrangements be made by will not say inflamed, with her own feelings-swayed by the nation for the future reception of the annuities, so her own interests, having a common share in the wheel of that each Indian might get his share, agreeably to that the lottery that is to make partition and distribution of the spoils of the nation at their bar, and against which the treaties and the laws they annul are the only interposing barrier and defence.

order." On the 17th July, "the representatives of all the people of the Cherokee nation, convened in General Council," answered: "That the United States stood bound to pay the money to the nation,' and not to the indiAgainst this, the Cherokees, in their weakness, can only viduals of the nation." As to its future reception, they protest, and they do protest, and claim either the execu- say "that the nation has already made the arrangement tion of the treaties, or a decision of your own court upon for that in its constitution and laws; and to them the agent their constitutionality. The Executive refuses the one, is referred." That arrangement is, that the annuities and Georgia opposes, and will, if possible, defeat the shall be paid into the treasury for the use of the nation. other. In this anomalous condition of things, it became And they enter "their solemn protest against the distrinecessary for them to employ counsel, and to incur many bution of the annuities, in the way contemplated by the Goand heavy expenses; and when their delegation left for vernment, as a violation of the letter and spirit of the treaWashington, the Legislative Council of the Cherokee na- ties subsisting between the United States and them,” and tion gave them authority to draw for such part of the decline making any further or other order. Of all this annuity duc from the United States, as the exigency of the agent had notice; but not knowing what complaints

H. OF R.]

Surveys, &c.-Duty on Sugar.--National Road in Ohio.

[MARCH 1, 1831.

might have been made, the delegation addressed a letter Chesapeake and Delaware canal,) was objected to by to Colonel Montgomery, the resident agent of the United Mr. DAVIS, of South Carolina; and he demanded the yeas States in the Cherokee nation; to which, under date of and nays on it, but they were refused, and the appropria September 20, 1830, he replies: "I will state that no tion was concurred in.

complaints have passed through me to the Executive, or And a motion was made by Mr. LECOMPTE further any other person, either from the Indians, or any other to amend said bill, by adding thereto the following item, person, on the subject of the distribution of the annuities." viz. "For removing certain obstructions in the Kentucky I hold the letter in my hand. Now, sir, what reason can river, at the mouth of Big Benson, twelve thousand dol be assigned to justify the order of June last, or a persist-lars;" which amendment Mr. L. made some remarks to ance in that order? I am unable to perceive any reason explain and support. for it, which will bear the scrutiny of this House. It is The previous question was moved by Mr. HUNTINGa wide departure from the ancient, established, and beaten TON, and being sustained-88 to 81, way of this Government-a way safe and convenient for us-a way familiar to the Indian nations-without their consent, certainly, the only right way. I will only add, in recapitulation, that it will be difficult, if not impossible, to execute the order. That this Government has no right to issue such an order; that it will be prejudicial to the Indian nations, and particularly the Cherokees-malign in all its influences-and that it is uncalled for by any new exigency, or by any one Indian tribe, and is unjustifiable upon any principle consistent with our obligation, our convenience, or a just economy in the management of our Indian affairs.

Mr. POTTER, of North Carolina, replied at considerable length to Mr. B., and to the speech of Mr. EVERETT, on the subject; and submitted his views on various topics connected with the character and proceedings of the House, &c.

Mr. BATES again rose; but

The question was put on ordering the bill to be engrossed for a third reading, and carried-87 to 75. The bill having been engrossed, was subsequently read third time, and passed; and (about half after 10 o'clock) The House adjourned.

a

TUESDAY, MARCH 1.

DUTY ON SUGAR. The resolution to reduce the duty on sugar was again taken up, and Mr. WHITE, of Louisiana, continued his remarks in opposition to the resolution until the expiration of the hour; when his argument was again arrested. NATIONAL ROAD IN OHIO.

The bill from the Senate giving the assent of Congress to an act of the State of Ohio for the preservation of so much of the great national road as passes through that State, by the erection of toll gates, and the application of toll to the repairs of the road, was then taken up.

Mr. BUCHANAN obtained the floor, and said, that at the last session of Congress he had prepared himself to disMr. DUNCAN moved to recommit the bill to the Comcuss what has been called the Indian question. He was mittee on Internal Improvements, with instructions to then called home before he had any opportunity of pre-insert the amendment offered yesterday by the gentleman senting his views upon this subject. He had again pre- from Ohio, [Mr. VINTON.]

pared himself to discuss this question at the present ses- Mr. DUNCAN said that the bill in its present shape sion, and was now ready to proceed with his argument. He was exceedingly objectionable, and he could not consent believed that the act of the last session was dictated not to its passage, without entering his solemn protest against only by the purest principles of policy and humanity, but it. He was not altogether satisfied with the amendment that it presented the only means of preserving and perpetu- proposed by the gentleman from Ohio, but it would, in ating the unfortunate and interesting children of the forest, his opinion, afford some protection to the rights of his who had so many claims upon our protection. He had the vanity to think he could present some new views upon this subject. But the hour was now late, and there were several important bills upon the table, which, unless they could pass the House, and go to the Senate this night, would be lost. He would therefore forbear; and for the first time, as he believed, since he had been a member of this House, he would move the previous question. The previous question was sustained, and the bill was ordered to a third reading.

constituents, and all those residing in the States west of Ohio, who must, if this bill passes, pay nearly all the expense of keeping the road in repair, as Ohio had, by the provisions of this bill, which she had submitted for the acceptance of Congress, and which had passed the Senate, and was now on its passage, exempted her own citizens, in nearly every possible case, from the payment of toll, and consequently taxing the citizens of other States, not only to keep the road in repair, but to pay an officer at every twenty miles. Mr. D. said that this measure must drive his constituents, and all the people west of the Ohio, from the road, as they could not and would not pay so unjust a tax, especially as the road was made by con pact, and out of the funds of Indiana, Illinois, and Missouri, as well as those of Ohio. He thought the Legislature of Ohio was mistaken in the advantage it was to gain by exempting her own citizens from this tax, as the same policy would be adopted by Pennsylvania and Maryland, so as to make Ohio pay a portion of the tax at last; but he could see no hope for his constituents, except to tax the citizens of Missouri travelling to the Atlantic cities; and then, he said, this tax would make it impossible for his constituents surveys. to drive their stock on this road, and would render it of The amendment inserted in Committee of the Whole, on little or no use to them. He said that the liberal and just the motion of Mr. PEARCE, was now opposed by Mr. views expressed by the gentleman from Ohio [Mr. VINPOLK and Mr. HOWARD, and was strenously advocated TON] met his entire approbation, and he firmly believed by Messrs. BURGES and PEARCE, and was finally con- with him, that the bill, should it pass, is calculated to decurred in without a division. In the course of the discus-stroy the road, and was, in his opinion, a covert blow amed sion, Mr. LAMAR moved to lay the bill on the table, but at the whole system of internal improvements. the motion was negatived.

Mr. LAMAR now moved an adjournment. Negatived. The House proceeded to the consideration of the bill making an appropriation for a custom-house in the city of New York; and the amendment reported thereto from the Committee of the Whole House on the 25th ultimo was read, and concurred in by the House, and the bill was ordered to be engrossed, and read a third time to-day, (and was afterwards read a third time, and passed.)

SURVEYS, &c.

The House proceeded to the consideration of the bill for the improvement of certain harbors, and providing for

The appropriation for the improvement of Back creek, (the estuary leading from the Chesapeake bay to the

He dwelt on

Mr. MERCER supported the motion. the acknowledged importance and value of this great national work, and insisted that it was incredible that the