Newspaper Page Text
L
deuce all Ibe essential points that had been|liere
tofore stated, end which he determined to place
in the Kina’s own hand. This mcmoris j, etnbra
cine a luminous statement of facts, with clear
deductions from them, was accordingly prepared ;
and, on the morning of the day when it was to
he presented, we went to the Cabinet of the Count
do Vergennes, where we found Doctor Franklin
and the Count. Col. Laurens, introducing the
subject of his mission with his usual animation,
was urging the necessity of n compliance with
his solicitation, when the Count do Vergennes
in a manner, at once smiling and sarcastic, ob
served. “ Col. Laurens, you are so recently from
the head quarters of the American aimy, that
vou forget you are no longer deliveiing the orders
of the Command- r in-Chief, lint that you are
addressing the minister of a monarch, who has
every disposition to favor jour country.” Col.
Laurens, rising from bis chair wilh some emotion
stepped te the opposite side of the room, and
returning to the Count, expressed himself in near
ly (hefollowing words „ Favor, sir ! the respect
which l owe my country will not admit the term.
Say that the aid is mutual, and I cheerfully sub
mit to the obligation. But, as the last argument
1 shall two with your Excellency, the sword which
I now wear in the defence of Frunco, as well as
of my own country, unless the succour l solicit
is immediately accorded, I may he compelled
within a short time, to draw against France as a
go as a volunteer, decided him to grant it- It
would appear, that by some unavoidable accident,
some troops, debarked to the support of his par
ty, did not reach Combahee in lime to prevent
an attack by a very superior force, and in the
charge, he was mortally wounded, and fell from
his horse, his party cutting their way through the
enemy.
Such wes the close, while yet io its bloom ol
his illustrious life, through which lie had exhibit
ed such proofs of his devoted patriotism, heroic
valor, and splendid talents as would have secured
to him the first honors of bis country, as they
have impressed the. deepest regret for his loss,
and the heart felt tribute of gratitude to liis ra»-
British subject." The force of this brief but ap-
• ' ’■ by the
The following observation, by Lord Cornwallis,
which passed in conversation after the capitula
tion at Vork Town, attest the high estimation in
which the officers, to whom it refera, were held by
his Lordship. He said, “there could be 0" more
formidable antagonist, in a elisrge, at the head of
his cavalry, than Col. Wm. Washington—And
that he had never taken a position, in the vicinity
of Gen. Greene’e army, that Co! Henry Lee
did not find out his weak points and strike at it
before morning.
The foregoing authentic document is a com
munication made hy Major Wm. Jaeksno to
Major Alexander ti-idcn, at Philadelphia, in
September 1K22 or SB.
propriate remonstrance, was keenly felt
lfrst diplomatist of Europe, and some time elapsed
before the Count de Vergennes w»s sufficiently
collected to say, “ Main voila bon Monsieur Frank
{in. qui est tres content de nons.” “No one" (replied
Col. Laurens)‘‘respects that venetable gentle
man more than I do: hut, to repeat your Ex
cellency’s observation. I am so recently from the
Head Quarters of the American army, that many
circumstances, of the highest interest, are famil
lar to me, which are yet unknown to that worthy
man. I must now inform your Excellency, that
my next memorial will be presented to bit Ma
jesty in person. I have the honor to salute you
respectfully”—and left the room. On reaching
the door, Col. Laurens asked iny opinion of wh.il
had passed. I told him.it exceeded att I had ira
ngined of tho interview. “Na matter" said lie,
“let us go to the Inn, and dress for Court where the
act must finish ” (The Court was at that time io
mourning for the Empress Marin Theresa, the
Q,icon’s mother—hut we were indulged in wear
ing our uniform, with crapes on our arms and
swords.) Tho Special Minister of the United
States of America was announced, and w« enter
ed the audience apartment, whore the King was
Standing in the centre of a semicircle, having the
old Const Maurcpas on his right, and the Count
de Vergennes ,on his left.
Hue ing bowed to His Majesty, C.il. Laurens
instead of passing among the foreign ministers,
advanced towards the King, saluted him a second
time ; and approaching nearer to him ; presented
the memorial, which was received umler some
embarrasment: for although as being an accre
dited minister it could not lie refused, the innova
lion on the Court was altogether unexpected;
and the King passed the papei across the Count
de Vergennnes to the Marquis de Sugar, the min
ister of war, who put it in his pocket. The louks
of all present marked their surprise. When
the ceremonials of thu Levee were over, we wen*
to the Inn, where we dined; and on our return,
to I’aris in going by Doctor Franklin’s house at
Passey, I asked Col. Laurens if he would not
stop, and sec the Doctor. He said he would see
no one, until he knew the result of that day’s pro
ceedings. Thu next morning while at breakfast
ho received the following note :
“ Mr. Ncckcr presents his compliments to Col.
Laurens, and requests the honor of un inter
view at 13 o’eloek."
“ Here is something,” said Col. Laurens—‘‘let
us dress and pay our respects to Madam Neck
or ” On entering the drawing room, we found
Mr. and Madam Necksr, and the late Madame
du Stall, ftl that time a young lady shout 13 years
old. The ladies having retired, Mr. Nt-cker
said to Col Lsurens, “I have the honor to in
form you, by instruction of His Majesty, that the
loan, which you solicited in your memorial of
yesterday, is accorded. The fifteen hundred
thousand livrcs, which you request may be sent
fo Major Jackson ot Amsterdam, fur the pur
chase of militsry stores, will be forwarded Iroiu
Brussels ; and any other accommodation, conncc
ted with my department will he chanrfully gran
re,d." On the noxt day a similar interview with
foil. Laurens vv..s requested by tile Marshal de
Castres, who said, I am directed by bis Majesty to
inform you, that (he Count de Grasse, who is non
M Brest wilh £5 ships of the hue, bound for lb<
West Indies, will, conformably to the request in
your memorial of yesterday, rendezvous on the
American const at the lime General Washington
s hall point out. The howitzers which you want
cannot be furnished from the marine arsenal, as
we have nine of that calibre; bat Major Jack
son will be aldo to procure them in Holland.—
The Frigate Resolve will carry you to Amer
ica, wilh such part of thu money as you may
wish to take with you. Any other facility, with
in my department, will he accorded."
Thus was this important negociation, which
was certainly the hinge on which the success of
the revolution then turned, brought to n happy
close, by the wisdom and decision of a youth, who
had not yet uttaiued his twenty-eighth yesr: hut
whose matured mind and heroic spiiit admitted
no other rule of official conduct than tha honor
and interest ot his beloved country.
Having returned from the successful accomplish
incut of his impoi taut mission, in which he had
negotiated the rendezvous and co-operation of the
French fleet on the American coast. Col. Laurens
resumed his military functions, and was eminent
ly disthigu-ched at the seign of York Town, wliei <•
leading the as3.lt.it of one of the British redoubts
he saved the life of the officer who commanded
it, and made him his prisoner.
Bring appoint J coma istinner Sr the capitu
lati.in, on Ilia part of O-nernl Washington, he
met Col Ross, of the Britisli army, Aid de
Camp to Lord Cornwallis, and commissioner oil
behalf of the garrison. Having pi iced the terras
on which a capitulation would be granted before
Col. Rosa, .hat centiemin observed “ this is a
harsh article.”—"Which article,” said Col. Lau
rens ?“ The troops shall march out with colors
cased, and drums heating a British or German
march.” " Yes sir," replied Col. Laurens, with
some sang froii), “ it is a hursh article.” “ Then
Col. Laurens, if that is your opinion, why is it
here?” “ Your question,C. 1. Ross, cempels an
observation which I woulJ have suppressed ; you
seem to forget sir that 2 was a copitiilonl at
Charleston, when Gen. Lincoln afli r a hiave de
fence of si\ weeks, open trenches, by a very in
considerable garrison, again-) 1 the B.itish army
imd ll et under Sir Hemy Clinton and Admiral
Aiburtl-not—ind when your l!nts|of approach
avrr* within pistol shot of our field works, was
refused any other terms for his gallant garrison
than marching nut with colors eus. d, and drums
not 'ben'ing a B-iti*h or German march."—“But”
rejoined Col. Ross, “Lud Cornwallis did not
command at charleston,” ‘llure sir," said Col.
Laurens, “you extort another delk-ration. It is
not the indiiid'ialil.at is l;en> considered : it is
tho nation. This reoiai- s an article, or I cease
to be a coinmUrinnt!'.’’ The result was con-
firmed to this just ic; i iliotion. The British ar-
rny marched out with cobra cased, and drums
be,>; »-u British or G rman march.
J lie war in the Worth being closed by the cap
tore of thi no my, ;. I. nircns, impelled by ar-
ilc.itt pMuntisoi, hastened to the S mihern armv
where lush laurels awaited his gallant exertions j
and where Ins country was to witness his duvu
tion, even to death in her cause, 'lne writer of
the pioscnt article, wI,,, was then assistant secre
tary at war, received hs last letter, in which he
Shy*, “ I am writing you from a sick bed : but I
have just heard, that (f. it. G.ci ne Ima ordered a
detachment to intercept a ,v rty of ike British.—
I shall ask Iho command, and if ri fused, I go as
a volunteer.” Gen. Greene, anxious for the rc
covery of his hecl.it, would have declined the re
quest of CVk Laurens, but hi* determination tn
CONGRESSIONAL. SUMMARY.
INDIAN DEPREDATIONS.
HOUSE OF REPRESENTATIVES.
Friday, January 1C, 1839.
Delate an the Bill for indemnifying the Citizens of
Georgia, for depiedalions on their property, com
mitted by the Creek Indians, prior to the year
1803
The House resolved itself into a Comnrittoo of the
Whole, Mr. Cobdict in tho Cheir.
Thoqiieseti .n wee upon the ednption of the amend
ment proposed by Mr. Thompson, to substitute in
the report of the Committee on Indian Affairs, the
word " expedient,” in lieu of tho word “ inexpedi
ent," in relation to tho propriety of further legisla
tion on tliie subject.
Mr. WILDE addressed the Committco. Ho ob
served that, in rising to redeem his pledge, it would
be impossible to avoid entering eomewhat into detail.
These claims bad never been arled upon by tho
House. Tile fuete reopening them were as yet imper
fectly understood The questions they presented had
not been examined. The niguments in their favor
woro still unheard. It waa not his wish however,
to say more than Iho occasion absolutely required
He should he satisfied if he could procure a patient
enquiry into the merits of the claim! ; beyond that,
he had nothing to hope or ask. When tho rights of
cluimanta were understood, the meusure of justico to
which they were entitled would be rouddy settled
hy overy gentleman, according to hie own judg
ment
In 1821, one of ihnse compacts oregreemeota which
have been familiarly, but not properly, called tree
the Ui '
lies, was entered into between the United States, Ilia
Creek tribe of Indians, and the State of Georgia
A cession of land from the Indians was then ob
tainod by the U S. for iho use of the Stale, the con
sidarution of which was to he paid by the United
States, in conformity with the obligations imrnscd'by
the nrtieles of agreement and cession of 1802 At
the lime of these negotiations, there woro existing
clnims of the citizens of tho State of Georgia against
tho Creek nation for depredations committed, prior to
the act regulating intoreouree with tholndian tribes
These claims formed one of tho subjects of tha nego
tiation, and fi.r the purpose of procuring payment of
thorn, Conimits-oanrs on the part of Georgia, had
been appointed. Registered from timo to lime ns
llioy arose, in the proper department, according to
Inw, wilh the proof by which they were established,
an ebstracr of them from the books of tho Coinptroll-
er's Office was in Iho handa of tho Commissioners,
sod oshihited at the conferences. They amounted to
$280,000 end were principally for proparty plunder
ed or destroyed by Indians of the Creek tribo, in
some of thoee predatory incursions, with which our
southorn frontier was so often Irtrrassed. Reparations
for these injuries had been often stipulated but never
made
Repeated ecte of hostility attended with all the
horrors of aavege warfare, hud boon succeeded by
reposted promises of peace and indemnity, which in
turn wero at repeatedly violated With all the reckless-
nest Ilf ssvage perfidy. These outrages could nut be
deniod. The obligation to repair them had been of
ten sulomnly udniittod The breach of that obliga
tion was notorious. Under these circumstances the
compact of 1831 was mndo.
By the 4th Article the payment by tiro U. States
to the Indians, of various sums, at different timoa,
amounting in tha whole to $200,000, is stipulated ;
and the article then proceeds :
" And as a further consideration for said cession,
tho United States do hereby agree to pay, to the State
of Goorgia, whatever balance may bo found duo, by
the Creek Nation to tho citizens of said Stalo, when-
over the same shall be aacortainod, in conformity wilh
the reference made by tho Commissioners of Geor
« ia, arid the chiefs, head men, nod vvurriora of the
It " “ ’
reek Nation ; to be paid in five annual installments,
without interest, provided the samo shall nntuxceod
tho sum of two iiundred nod fifty thousand dollars ;
the Commissioners of Goorgia executing to the Creek
union, a full and final relinquishment, of ell the
claims of the citizens of Georgia against the Cheek
nation,for propetty taken or destroyed, prior to the
act of Congress of ono thousand eight hundred and
two, regulating the intercourse with tho Indian
tribes.
By the articles of agreement mndo at tha samo
time, between the Commissioners ol Goorgia, and
tha chiefs, head men, and warriors uf the Creek Na
tion i all claims on either aide, of tchntr.rcr nature or
kind, prior to the act of Cnngreas of 1893, with tho
documents in support of thorn, were referred to the
decision of the President of the United States, by
him to be decided upon, adjusted, liquidated, and set
tled, in such manner, end under such rules, roguls
lions, snd restrictions, as he ahould prescribe A full
end final release, of all claims, of ent ry description,
was accordingly executed by thu Georgia Commis
sioners, to the Creek Nation ; it purported to bo in
deemed io. That pretension lias again been repell
ed by the President in his late message. The agree
ments entered into with them are not treaties. The
Senate have so decided. Evan if they were indepen.
dent, they are uncivilized. They do not abide by
the rules of civilized warfare. Why thenahould we ap
ply to them the rules of civilized pacification ? Na
tions claiming to be civilized, do not uaually plunder,
or deatroy private property or land ? Savages never
respect it. To exempt them on the return of peace
from all responsibility for such outrages, ie to encour
age them in their barbarity.
Shall a citizen of Georgia, whole fields hsva been
ravaged—hie property plundered—hie wife end chil
dren butchered, or driven to seek refuge in a sav-
agefwilderness, fiotn the pursuit of meu still inure
savage—Shall such a man be told, when lie comes
to ask indemnity for hie losses and sufferings— will
any member of this Committee tell him—“ the us
age of civilized nations in the construction of tree
ties excludes your claim ?" Hxe any man the heart
to utter an cruel and hitter a mockery ?
But, if tho application of thia principle be corrert
why waa it not followed out? Why wero the claims
of 176ft and 178G allowed in part, if the treatica of
1790 and 1790, by merely omitting to provide for, hud
in fact extinguished thorn ? Nay, why waa a single
claim allowed, when, upon the principle asscrlcd, the
capitulation of 1814 for ever extinguished nil prior in
juries, indemnity for which was not providod by its
terms.
Upon this construction, however, such as it is,
claims to the amount of 90 or 100,000 dollars have
been rejected. The Commiaainner, rejecting them,
exercised no discretion. He acted ministerially, nnd
merely obeyed his orders. The Legislature of the
^talo of Gnnrgin remonstrated with tho late Presi
dent of the United States, turt without effect ; and. at
the last session tile injustice done the claimants was
brought by iris collesgun, (Mr. Thompson,) to the no
ties of Congress
The report of a bare majority of the Committee on
Indian Affairs, sustained the decision uf .lie Commis
sioner in pnrt; and, as to the residue, professed t<
consider It entirely within the power of lh>- Prcsi
dent to cease justice to be dono. They regarded the
owner of property destroyed, equally entitled to in
demnity with the owner of property taken ; hut add
cd, that they were not apprized of any such claims
having been in fact rejected ; and if they were, the
President waa fully authorized to give rsdrese
It was but justice tu the Committee to add that the
document containing the report of thu Commission
er was not then before them. It was subsequently
called for by the llouso, in consequence of a resolu
tion submitted by himself. At the last session the
report was not roached in its order on the ealendat
With a view of testing the correctness of the Com
mittee's opinion, and of procuring tho adjustment of
these claims, during the recess, if it was correct, lie,
in concert with his colleagues, addressed a note to the
President, asking his interposition. The Presi
dent considered the question, and, after consulting
tho law officer of the government, was of opinion
that ho could not interfere ; nr, at least as the subject
was before Congress, snd an appropriation, would at
all events be necessary it was must proper not to do
so. This Mr. W, believed was the substance of the
answer lie received, for it was a verbal one, and lie
would not undertake to report it exactly. Indeed tho
communications on tho subject, had an little ofa formal
character, that ho did not feel himself entirely at lib
erty to speok of the reply received, until he had ub
mined the chief magistrate's permission to do So.
What resource is now left to the claimants ? The
committee have expressed a favorable opinion of the
claims for property destroyed ; but refer them to lire
President. The President docs not consider the
claims loss favorable then the committee, but intim
ates that lie cannot act upon them The claimants
then come hack to Congress on whose wisdom and
justice is their own reliance. The reference to the
President was in Iris official, net in his persons! char
acter, and wluls the office remains, it is never too late
to do justica or correct error. Open the commission
then. Place tho fond again under the control oT iho
President. .Subject these claims tu the most rigorous
examination you choosu, as to their’firrnrreas, but allow
such, ns are within tho provisions of tho compact.
Before leaving this part of the subject, he would
advert to the tonus of the aevoral compacts or trea-
ties, recognizing these cluints. Tho first in order,
w«e tho
Trzaty or- August a—Mads with Georgia in 1783
Thu 3d Article provides, " That all just debts duo by
any of the said Indians to any of the merchants nr
traderaof the said State, shall be fully nnd fairly paid,
nnd all negroes, liorsus, catllo, nr other property taken
during the late war, shall be restored
Thennit was the
Tiikait or Galphinton—Made with Georgia in
1785 Tho 8lh Article stipulates; The said Indians
•hall rostore all tha negroes, horsos,or other property,
that mo or may be among them, belonging to any
citizen of this Elate, or any other person, or persons
whstever, to such person as the Govornor shall dir-
ect.
Then succeeded tho
Treaty iietween Georgia axd the Cheuksat
Shoulder Bone—in 1760, which recognized pre
existing hostilities, and renewed pacific relations —
By the second Article, it is agreed that ‘‘ All negroes,
horses, cattle, and other property, now in the nation,
and what wero taken Hum the inhabitants of Georgia
ahall be restored to such persons, as his honor the
Governor, or the Commissioners shall direct. All
white or other free people in the nation, who are held
as prisnnora nr slaves, shall also be delivered up to the
aforesaid persons
After these carno the
Treaty or New-York, with the United States, in
1790. Tho third article docl ires, tho Crook nation
shall deliver, as soon as practicable, to the command
ing officer of the troops of tha United States, station
ad at the Rock landing on the Oconee River, alktlie
citizens of tho Unitud States, while inhabitants or ne
groes who arc now prisoners in any part of the said
nation. And if uny such prisoncis or negroes should
not be so delivered, on or before the first day of Jenc
ensuing, the Govornor ufGcoigia msy impnwer three
persons to repair to thu said nation, in order to claim
and receive such prisoners and negroes.
To the Troatv of New-York succeeded the
Treaty or Colkrain, iu I79G Tho 7th Article
engages that the Creek nation shall deliver as soon as
practicable, to the suporintendnnt of Indian Affiirs,
at such a place as ha may direct, all citizens uf the
United Slates, white inhabitants and negroes who are
now prisoners in sny part of the said natiunsagreca
hly to the treaty of New-York, and also all citizens
What is in effect rhe official argument upon these
treaties ? That Itir agreement is In restore, and prop-
ertv destroyed is insusceptible of restoration And
whet follows ? that the Indians failing to restore, whst
they agreed to restore are to pay an equivalent ? No
Sir, that they are to be discharged from all liability,
because they shall not be held to perform whet was
mpossible ... .
Such was not the argument maintained by the go
vernment of the United States, on the Treaty of
Ghent and the Convention of St Petersburg I here,
the undertaking of Great Britain, was, to restore,
whee it was found that she could not, or did not ree
toro, what was exacted from her—a just indernnini-a
J N
conci deration of the $250,000 agreed to be paid by
the United Startn, and wan witnessed by their Com*
tnitsioners
Tor tin? soitlomont of theso claims thus referred to
tho Piesidont, a Commissioner was appointed, who
proceeded to discharge his duty under certain instruc
tions, emanating from thu War Department.
Claims amounting to $189,309 wero presented to
him of which $80,844 were allowed, nnd $90,533 re
jected Subsequently t\ further reference to the fifth
Auditor was authorized and some other sums wero
admitted
The whole amount allowed nnd paid, a little ex
reeds $101,000 leaving upwards of $148,000, of tho
$850,000 still in tho hands of the United Staten, and
applicablo as fanqrgia contends, to tho payment of
the iusl claims of her citizens. It is worthy of re
mark that of the rejectod claims, a very inconsiderable
amount indeed, wofe condemned as fraudulent, or re
fused payment for insufficiency of proof. By far
the greater number were denied indemnity, because
United Stales have one measure of justice when they
demand it of on adversary, and another when they
are to render it to a friend ?
The claimants contend, and wilh great apparent
reason, that they are entitled to--
I'ay ment for property destroyed
An allowance for the increase of nogro property
and
An allowance for the use or hire of property not
susceptible to increase ; or,
Interest in lieu of these allowances.
The first class of claims had already been consid
ered. The justice of them, and the futility of o'®
verbal distinction between “ taken” and ’‘destroyed
is indirectly admitted hy the majority of the Corn
mitteeun Indian Affairs themselves Then, as to
the allowances claimed—upon what footing do they
stand ? The savages, immediately upon the conclu
sion of each compact or treaty, were hound to rostore
the property comprehended in it Had the restora
tion been made in good faith, according to the treaty,
the owner would have bad the uso and increnso of
his property from that period : i t. from 1783, 8o, 8o,
’90, or ‘96, as the case may be, to the present time.
Rut the Indians, in defiance of the trenty, keep tho
alnvcs They rotain them 10, 20 or 30 years, enjoy
ing the fruits of their labor and that of their offspring
This is no imaginary ease. It is notorious that the
plantations of many of the chiefs were stocked with
negroes stolen from the whole.
The question, then, is this: Are the Indiana, in
consequence of their had faith, to be placed in a bet
ter sitmiti>*n, and the owner of the property in a worse
ono ? This would bn to reward the savage vices of
fraud and perfidy with the spoilt of an innocent and
suffering people. Upon the failure to restore, accor
ding to the eompnet, what were the claimants entitled
io receive ? Precisely what tho United States de
manded nnd received under tho treaty of Ghent—a
just indemnification for tho property not restored
What is just indemnity in such a caso ? Let us on
quire of the constitutional adviser of the President
whose opinion tho Government adopted “What,
snys the Attorney General, is a just indemnification
fora wrong ? Is it tho reparation of ono-lialf or two-
thirds of that wrong ? On these few simple ideas
tho who.© question turns If an injury is justly re
dressed which is only half redressed\ then the Brit
ish rommiss’oner is right; but if an injur if edrefs
ed only when the redress is commensurate with the
whole extent of the injury, then he is wrong Let us
put aside that emphatic ami striking word just, and
take the word indnnnifiration alone What docs the
word indemnification mean ? The saving harmless
from damage. Is that man saved harmless from
damage, who in left to bear ono half of the damage
himself? The question seems, to me, too plain lor
discussion. Tho British Commissioner, Sir John Ni*
coll, who composed part of the hoard under the 7th
article of tho treaty of 1794, seems to have enter
tained a vary different opinion upon the subject, from
his countryman who is now Hitting to execute the Km-
peror's award His words are, “ To reimburse the
claimants the original cost of their property, nnd all
the erpeftees they have actually incurred, together
frith interest on the whole amount, would, I think,he
a just and adequate compensation This, I believe
is the rncRHiiru of compensation usually inudo by a!
I»elligerent nations for losses, costs, and damages, oc
cartoned by Illegal captures. Now, tit the timo of tho
wrongs now undor consideration, "o wore,
Great Britain, neutrals andfiiends and stood protect
ed by the most sacred of nil instruments, a treaty n
pence In violation of this treaty, the slaves and
othor property of American citizens wore carried
away, in the year 1815 and have boon detained from
them ever since. They have thus lost the use of this
property for eleven years Is the meagre return of
the avoroge value, at the time the slaves and other
propeity were thus taken from them, a just indemni
petition for tho whole wrong ? That the act of la
king away tho property was a wrung, is no longer n
question. * • • The first act of dispossession
being thus established to be a wrong, is the continu
ance of that disposition for eleven yearH no wrong n
all? Is it consistent with that usage of nations
which Sir John Nicoll rocognized, to redress an act o!
wrongful violence by the return, at any distance of
iho naked value of the article at tho date of injury ?
With respect to the stipulation of the treaty that
the instalments are to be paid without interest ; it
must he thought, be apparent on a moments reflection
that this provision was merely intended to guard the
U 8 against the payment, in any event, ol niore
than that sum. It had no relation to the interdiction of
interest or damages on individual claims, if indeed
the fund were adequate to their allowance.
But the Attorney General founded his opinion, in
part, upon the peculiar character of one of the con
tracting parlies. The Indians are savages, and sava
ges pay no interest. «* a cluim “ of interest aga.nst a
nation of Indians, or the “ payment of interest by
them is believed to “ be without a precedent ” p 18
It is not obvious, however, that the claim is for in
demnity, and that interest if to be allowed, is adopted
only as a convenient measure ofa part of that indemni
ty Not damages for a naked wrong ; but repara
tion for an injury which waa profitable to the wrong
doer
One ennnot help being struck with the diversity of
doctrine between the Secretary of War and tho At
torney General Tho former, in relation to the effect
of the treaty of peace as merging all claims for prior
injuries, declares it is a principle perfectly well estab
lished among civilized people, and is believed to be
equally applicable to Indian tribos.
When there is a question about the payment of in
tcrest, then, they are savages ; when an implied re
nunciation is to be established, they are civilized —
Tliejr are savages, says the Attorney General. They
are civilized, says the Secretary of War. But whe
ther savage or civilized, it seems they are to pny the
Georgians nothing He did not intend to cavil oi
even to comment ill-natured yupon these opposite
views of the dogree of refinement to he attributed to
our copper colored brethren. Such things wero, to
some extent, matters of taste. A titled traveller, from
a petty German principality—it would have been ob
scure—but for Schiller and Goethe-had told us the
Georgians themselves wero admitted on all hands to
be barbarinns, and indeed fiom the treatment they
have received, one would think theie must be others
who believe them so
> J ■
In the Senate of the United Stales—Jan. 19, IBS 9,
Mr. J iHNSON, uf Kentucky, made the fol
io ing REPORT :
Tile CiinuniUKc to whom was referred the se
rai petitions on the subject of mails on the
Sabbath, or the first day of the week, Report:
That some respite is required from the ordi
nary vocations of life, is an established princi
ple, sanctioned by the usages of all nations, tv belli-
e. Christian or Pagan. One day in seven has
alse been determined upon as the proport on of
tune; and In conformity with the wishes of the
great majority of citizens of this country, the
first day of the week, commonly called Sunday,
his been set apart to that objecl. The principle
has received the sanction of the national legisia-
'ure, so far as to admit a suspension of all pub-
'' business on that day. except in cases of abso-
1
As for the Indians, however, it was surely not too
much to ask that they should be regarded in the one
light as in the other, and not in either os interest might
dictate. A decent respect for officiul consistency
would seem to require timi the different members of
the administration who concurred in ibis decision
lioulci agree Among themselves. No one it i9 believ
ed will tniintain that the Indians are to be exompted
from the payment of interest because they are savage,
and released by legal implication from oilier liabilities
because they are civilized Such a rule would belong
neither to the simplicity of tho one State, nor the in
tegrity of the other. It would be a mixture of Punic
faith ant] Grecian subtlety.
They woro bound i■» rnstoro certain property which
they have not restored. H id they complied with their
compact, the owner would have enjoyed the use o:“
his propeity and its increase, which ns it w ts, the plun
derer enjoyed. An allowance forthese items would he
just between man and man It is right between peo
pie and people, red or white ; civilized or barbarous
and. in their stead, interest should be given : because
a convenient nnd general rule for computing
these allowances which it might bo difficult to calcu
late and settle in each individual ease
But this whole subject wus referred to the decision
of the President, and he has decided. And does it
become the United Sta:e9 to be satisfied with this do
cision, if tho citizens of Georgia are dissatisfied with
lute necessity, or of great public utility. Thin
principle, the committee would not wish to dis
turb. If kept within its legitimate sphere of ac
tion, no injury can result from its observance.—
It should, however, be kept in mind, that the pro
per object of government is, to protect all per
sons in the enjoyment of their religious, as well
as civil right*; and not to determine for any,
whether they shall esteem one day above ano
ther, or ester m all days alike holy.
We are aware, that a variety of sentiments ex
ists among ’he good citizens of this nation, on
th* ubj *cf of the S b a*h day ; and our govern
ment is designed for the protection of one, as much
i for another. The Jews who, in this country
re as free as Christi.in-, and entitled to the same
protection from the laws, derive their obliga
tion to keep the Sibbitb day from the fourth
commandment of their decalogue, and in con
formity with that injunction, pay religious ho
mage to the seventh day of the week, which we
call Saturday. One denomination of Chris
tians among us, justly eelebra’ed for their piety,
old certainly a-* good citizens a* any other class,
agree with the Jews in the moral obligation of
the Sabbath, and observe the tame day. There
are also many Christians among u^, who derive
not their obligation to observe the Sabbath from
the decalogue, but regard the Jewish Sabbath as
di ruga ted. From the txumpie of the Apostles
o’ Christ. the> have chosen the first day of the
week, instead of that day set apart in the deca
logue, for their religious devotions. These ha\e
generally regarded the observance of the day as
d votioiiul "XercMe,, an 1 would n it more readily
n’o'ieit upon others, than they would enforce
secret prayer or devout meditations. Urging the
fact, that neither their Lord nor his disciples,
though often censured hy their accuser* f ur a vi
olate n of the Sabinth, ever enj-dn d its obser-
t ey regard it as a subject on which every
person should be fully persuaded in his own
mind, and not coerce others to act upon his per-**
Mmy Christians again differ from
“ Upon tho whole, Sir, I ntn of tho opinion, that
the just indemnification awardod by the Emperor, in
volves not merely the return of tho value of the spe
eifir pioporty, hut a compensation aluo, for the subse
3 uent and wrongful detention of it in the naturo of
amngefi If tho actual damages in each case could
bo ascertained, they ought under the award to be do-
creed ; but since this, if not impracticable, would be
a work of great labour amt time, I am of tho opin
ion, that the imercst according to the usage of na
tions, is a necessary pnrt of the just indemnification
awarded by the Emperor of Kussiu.
But it is objected, thAt this is in substance, a claim
fi*r interest or demure*, and the question of interest
lias been considered hy tho government, with refer
ence to tliis compact, nnd rejected, undor tho opin
ion of tho Attorney General.
Lotus examine that opinion. What are tile re
asons ho assigns why interest should not be allow
ed ?
“ Tho first consideration, he snys. which strikes
the mind on this subject is, that this is a question
which arises between severe ign and independent
Stales, in transaction between whom tho allowance
of interest, unless whore it is expressly stipulated, or
arises on contracts of loan is, it is believed, without
example."
Did the Attorney General intend seriously to assert,
that a tribe of savages was a sorereign and indepen
dent State ; and how had the language of Sir John
Nicoll in 1794, escaped his recollection ?
He noxt assorts that tho United States are respon
sible only as tho Indians wero responsible; nnd “ it
is believed a claim of interest against a nation of In
dians or the payment of interest by them, is without
It is tho decision of the Chief Magistrate of the
Union, enuring to tho benunt of the Union at tho ox
pense of Georgia. Is not that a sufficient motive to
examine it ? Tho argument of the conclusivcness of
tho President’s opinion goes to th« extent of preclud
ing all onquiry by this House Bui will any gentle
man press it an far ? Will you deny iho right »f p
tion ? Will you s.iv that tho respectful memorial of u
State, who lias never spared her blood or treasure in t!»e
common cause, shall be dismissed with lie abrupt
nnd uncourteous answer, “ the Pretident has derided
and right or wrong, you must abide by his decision ?*'
To thu humblest citizen who approaches ti9 with res
pent, and sometimes even without it, our doors
thrown open His petition is received His case is
heard. His giicvane.es, teal or pretended, arc enquir
ed into. Will you listen to these claimants less pa
tiently, because of their numbers, or because the hard
ship of their case has enlisted the sympathy of the
State of which thoy are citizens ?
He bogged the patience of the Committee : lie would
not trespass on it much longer. He was sensible
how daring, how almost desperate it was, to attempt
gaining the attention of that House, in opposition to
the report of a standing committee upon a private
claim. He had said such cases were heard. He as
ked Icavo to correct that expression They ni ght bo
spoken of indeod, but ho boliuvod they wero very
seldom heard. Whoever endeavored to explain or
to suppoit them, was apt to find himself, as ho did at
that moment—vox cluniantc in dcserto Nay, worse
for here was the solitude, but not the silence of the
wilderness.
A question had been raised as to the residue of the
fund of $250,000—to whom it belonged? That
quostion he would not exaimno. He considered it
purely speculative at present. For, evon though tho
Indians might have a bettor right to it than the United
xStates neither Imd any right At all, so long as the
was ono just claim intended to be provided fir by
the treuty unsatisfied. Gentlemen who conceived the
Indians entitled to the balance, however, weie, on
their own principles, obliged to vote for tho present
motion ; for, upon that supposition, furthet legislation
was expedient and necessary. Further legislation
was unnecessary only upon the supposition that all
just claims had boon paid, or that thu President's de
cision, whether just or otherwise, could not, or ought
not, to he enquired into ; and, in either event, the
money being already in tiie Tieasury, ho act of legis
lation was necofvsary to keep it there.
In relation to tho practice of tho government in
paying for property destroyed by tho Indians, lie
would only nsk to cite two instances :—By tho I er-
coursoi Act of 1796, tho United States guarantee an
white inhabitants, negroes and property, taken since j a prcrp| j
ll.c signing of tint deity. _ And if any suet, prison-1 ' Agl|ini , )n nffirm , t | m .. mtore8t j, nr ,t „ ,|,in,
they were for property destroyed, and according to
the decision or tho Com
Commissioner, in conformity with
his instructions from the Department of War, nro al
leged not to he provided for by tho Treaty.
This construction seemed to him an rxtraotdinary
one It was not his purpose to reflect on the Com
missioner or the Department, but injustice to himself
and hit constituents, he must be permitted to make,
and to defend that assertion. First, it is to be obseiv-
rd that tho reference io tho President, is of all claims
oil both sides. The mibmiNsion is general, not res
tricted. Next the release is unlimited ; and in that
respect it conforms to tho compact. That instrument
requires the Commissioners of Georgia to eicouio a
release Ibr nil property taken or destroyed. Can it be
imagined that the renunciation, and the obligation to
indemnify woro not intended to be co-extensivo ?
Why ask* us to release nil claims for property destroy
ed, if such clnims had already been extinguished ?
What is the principle upon which these claims for
proporty destroyed have been disallowed ? In his
fourth instruction, the Secretary o( War directs the
Commissioner to exclude all claims, originating dur
ing a peiiod of hostilities, which was followed by a
treaty of peace, unless they are provided for by that
Unity
Thia, he aays, is a principle perfectly well estab
lished between civilized nations, and is believed !n
be equally applicable to savages. Now why should
the maxims oi international law, established among
civilized people, be extended to Indians, to whom
they ate unknown and by whom they would never be
regarded ? Tiiuy are not an independent people. In
tho progress of the ncgociaiions of Ghent, our Go
vernment have expressly ! JchreiU they are not to be
era, negroes or property, should not he delivered on
or before the first day of January next, tho Governor
of Georgia may empower three persons to repair to
the said nation, in order to claim arid receive such
prisoners, negroes nnd property ; under tho direction
of the rrusiduut of the Ulisted Status."
In 1802 was negotiated the
Tiikaiy or Fort Wilkinson : A treaty of limits
and cession. The 51 Article provides for the payment
of various sums of money, in consideration of the
cession of land made by tho Indians:
Among the rest, “ five thousand dollars to satisfy
claims for property taken hy individuals of the said
nation, from the citizens of the United States, subse
quent to the treaty of Colerain," Ac.
Then camo tho
Capiiui.ation with Oknehvl JaTES-.n in 1814
Tho 5th Article declares, the United Status demand,
that (tstitreuder he irnin* di.itolv made, of nil tho per
sons and properly taken from the citizens of tho Uni
tod States, the fiiendly part of the Crock Nation, the
Cherokee, Chickasaw, and Chocktaw nations to their
respective owners "
In deciding upon the claims presented, the trims
of those treaties, have been considered as confirming
of
of course ; it is in no caso a part of the debt nor is
it a necessary consequence of the debt. By tho poli
tv of many nations, it i3 forbidden in ull cases.”
Finnally, he declares “ the United States in nssum
ing tho responsibility of the Indians under these trea
ties, undertake to do only wlint tho Indians ought to
h ive done, that is, to restore the specific property
within the reach of tho Creek nation, nt the date of
each treaty ; but this being impracticable, tho only
thing that remains to bo done, and which is piacticn-
bio, is to pay in commutation! the value of tho arti
cle, at the lime nt which it should have been delivered :
all be vond this would be damages for the detention
with respect to which the treaties contain no stipula
tion."
Mr. W. said, he dul not propose to offer any feeble
argument of his, against the weight of so imposin
an authority. Tho most decorous mode of combat
ting the decision ofa court, was to opposo to it the
the decision of another court, or of the same court
tVhat would not he offensive to the most august ju
dicial tribunal m our country, cannot surely be dis
respectful to any oflUnr of government.
Ho hoped ho might be permitted then in no illiber
al or unkind spirit to any one, but with a firm deter
that of 1821, in conformity with the instructions
Ibe Dapni imt nt. This is contrary to every fair rule of mmatiun to procure jostico lor those chitmanN, if any
• | to extend exertion of his could procure it, to contiast some pas
interpretation. It should have been licld
them, not they to restrict it. Tho verbal criticism
which attempts to establish a distinction between the
obligation to pay fur property taken, and that destroy
ed, is worthy only of kindred answer. It must havo
been taken before it was destroyed
[Mr. W. entered into an examination of the appli-
plication of thi9 principle, to several of tho cast s in
tlm coinuiissiouers report, ami attempted to prove its
injustice, when tho usual hour of adjournniout havi
again differ from
those, professing to derive their obligation to ob-
* ,pve f,1R Sahh.itli from the fou*th command
ment of til • Jewish decalogue, and bring (he ei-
nnp e of I f A osf|ps, who appear to have held
’her public me tings for worship on the first day
»f the we k, in mthority for so far changing the
decalogue, as to suhatiiute that day for tho se-
ntli. The J'lwLli government was a theocra
cy, which enforced religious observances; and
though the cony nit te" would hope that no por
tion of the cdiZ'i.'S of our country could willing
ly ini’oddee a system of religious coercion in our
civil iosti’ i ions, the of other nations
sh' iil.l nd nonisli us to watch carefully against
To cnilicat iod;ca:ion.
,'Vith these different religious views, the com*
mi*tee arc of opinion that Congress cannot inter-
f"r*\ It is not ; !)»* Icgit'mae province of the le-
gislature to determine w hat religion is Irue, or
wlut false. Our government is a civil, and not a
r l’g’ou9 institution. Our Constitution recogni
ses in every person, the light to choose his own
religion, an J to enjoy it freely, w ithout nut'icsta-
tion. Whatever may he the religious sentiments
of citizens, and however variant, they are alike
entitled to protection from the government, so
long ns they do int invade the lights of others.
The transportation of the mail on the first day
of the week, it is believed, does not interfere
with the rights of conscience. The petitioners
for its discontinuance appear to be actuated from
» religious zeal, which may lie commendable if
confined to its proper sphere ; but they assume
a position better suited to an ecclesiastical than to a
civil institution. They appear, in many instan
ces, to lay it down as an axiom, that the practice
is a violation of the law of God. Should Con-
gtes«, in their legislative capacity, adopt the sen
timent it would establish the principle, that the
Legiflqturu is a proper tribunal to determine
what an* the laws of God. It would involve a
I gislatue dtcisi n in a religious controversy;
and oo a point in which good citizens may honest
ly diff 'i in opin’on, without disturbing the peace
f society, or endangering ifs liberties. If this
principle is once introduced, it will be imnosible to
define its hounds. Among all tile religious per--
eventful indemnity for proneriy taken or destroyed
Tho honorable Chairman of tho ~
nages of lliia opinion, with other pnmuigns of a differ
ent opinion, sivon hy the samo officer, upon unoiJ,
occasion. In the one, interest between sovereign
Stales, unless expressly stipulated or arising on loans,
is believed to ho without example In tho other, in
terest according to the usage of nations, l* a nocos-
sary part of the just indemnification awarded by the
Emperor of Iluoiia. In ilu* one, tlm value of tho nr-
. R..JWU........... ..re....ji licle at tho time when it should be delivered, is the
arrived; he gave way for a motion hy Mr McLeau, | commutation which is just upon iliis non-delivery —
that the Committee riso. On Friday the 16th, when j *bo other, “tha meagre return of tho avorage val-
the committee sat again Mr. \V resumed ] «>o/>f tJ>o property taken," is deniod to bo a just indent-
In what be had said, or should say, on tho subject of nification fir the whole wrong. In the one, damages
these decisions and instructions, lie disclaimed evory j ^ of detention nro held inadmissible hy the usage of
tiling hku disrespect or personal feeling. For the I na ti°ns In the'other, such damages are by tho same
character of th" Commissioner huh.td the highest os- j usage declared just and customary.
U’eni. Hu was {sure that geuih-tnun suffered pain,* He would not purso" tho comparison further He
whenever he was obliged to refuse indemnity to an > niado those remarks wuh p.iin : he should not havo
honest claimant. To the then Secretary of War he made them at nil, but that he was pressed hy the
imputed nothing, except asomewhat rigorous and con -weight of tlm Attorney Generals opinion; both in
true ted exposition of tho treaty lie trusted, lie the report of the Committee, and in the minds of the
should always, whether in the majority or tho minor-! individual members For the gentleman, who gave
ity, with the administration or tho opposition, have that opinion, he entertained only the best feeling*.--
respect enough lor himself to Avoid assailing the mo- Ho had not forgotten an early admiration (or Ins gen
lives of any officer of government. Hu would, when I ins. Ho did not desire to forget that tln»ir only inter-
Commit! e himself
admits that property destroyed between 179ff and
1802, ought to be paid for. To that admission, lie (Mr
\V.) would subjoin, ifit was just after 1796, it wasjust
before 1796. The other instance was aff >rded by the
Act of 3d March 1817, by which wo appropriated
$85,000 to pay the friendly Creeks for properly
which the hostile portion of the tribe had destroyed.
Shall we refuse to on# own citizens what we have al
lowed to our savage allies ?
Ho could not conclude, without nailing the atten
tion of the Committee to a class of claims admitted
hy tho government to bojust, and yet denied payment
lie alluded to tho claims provided hy the Treaty of
Fort Wilkinson. By the second article of that trea
ty, $5000 arc provided for tho payment of claims ari
sing since the Treaty of Colerain. By his fifth in
struction, tho Secretary of War directs all such claims
to be excluded from participation in the fund of
$250,000. lie says there can be no hardship in this ;
for, if there are any such unpaid, tho provision of
that treaty is still in force, and tho sum provided fur
tho payment, which is still unexhausted, will prevent
any injury from resulting to individuals who may
hold such claims Tins construction, ho adds, will
in tact operate to the benefit of the citizens of Geor
gia who may hnvo claims against tho Creek nation,
us it enlarge the fund out of which they are to be
paid, by adding wlnt mgy remain ortho $5,000 stipu
lated for that purpose by tho treaty of Fort Wilkin-
son to 1110 250,000 dollars stipulated in the Into treaty
for thq same purpose Now, Lir, said Mr Wii.dk,
wlial i9 the UtCt r The report of the Commissioner
9!io'A8 conclusively that claims, amounting to $6,201.
to tho fairness and' justice of wliir.li no objection is ta
ken have been refused payment under the 5th instruc
tion, simply and solely hecauso they were includ
ed in tho treaty of Fort Wilkinson The nppropria
tion for that execution of that treaty has long since
scout ions with wlrch almo.t every page of tno-
lern hU'ory is slain* d, no victim ever suffered,
tnit for tire »iol.iti »n of what government denom
inated the law of G« d To prevent a similar
train of evils in this country, the Constitution has
»vi:u!y withheld from our government the power
of defining Ihc D.vineLiw. It is a right reserved
t < each citizen ; and while he. respects the equal
rights of others, h? chiiuoI he held amenable to
any human tribunal fur his conclusions.
Exteiviivn religious combinations, to effect a
poli’ical obj *ct, arc, in the opinion of the com-
millce, always dangerous. This first t ffart of the
kind, calls f°r the establishment of a principle,
which, in the opinion of the committee, would
lay the foundation for dangerous innovations upon
the spirit of the Constitution, and upon the reli
gious rights of the citizens If admitted, it may
GXftircd. I1g Iid enduuvourori, Imi in vain, to—oblaii
it w«. nsccsKOiy, cmninent w i h fm.ilnin upon iliuir
acts, net or lurjgotting liowover, that ftnboaranco
which was due to men, who wero not, and could no!
bcpvcjertt In pnrson to deffend themselves.
course, slight as i
courtesy. Least
thu deforonre lie
long esubinhcJ i
had hooii i
,r all, could ill) av
wed to .iqiuriur <
inn'.atr in.
*.f kindness ami
.d remembering
‘q'l'cements and
an account of tlm payments made under it Indcpcn
dent of tiie absurditv of referring tiiu cluimanU to the
residue of a fund of $5 OOt) for the payment of claims
amounting to more than six, hare was tho
men lu whoso relief two funds were applicable, who
yet had bson ami wqre still unable, without attv fault
of theirs, to obtain payment out of either, lie ro
fetrodto tho case of the iteirs R, Wilkinson, us one
and tlm largo*! one of dial description. Tito Coin
missioner says, the evidence in support of this claim
is entirely sufficient. Why then (iocs it ruinain like
others of the samo description, unpaid ?
Ttiffong in sorrow and disgust from litis long nnd
dismal record of flagrant wrong ho made a last np-
poal to llio justico and humanity of that House t*
public fault und national honor, Ifit was successful
n would be followed up by u motion to recommit
with instructions lu provide lor ro opening the com.
mission, and allowing tho claims fur properly taken
destroyed, which had been rejected umler tho con
struction complained of, and interest, if such should bo
tiie pleasure of thu Committee provided it did not
be justly apprchcri ictl, that tho future ineasmes
ri government will bu strongly marked, if not
eventually controlled, by the satue influence.—
All I'el'ciitiis despotism commences by combina-
t o 1 and infl rence ; and when that influence begin*
t * opern'e upon the political insti'utiona of a
<• ui.itry the civil power roan bends under it; and
the catastrophe of other nations famishes an aw
ful warning of Iho consequence.
Under the present regulations of tire Pnat Of
fice Department, the lights of conscience arc not"
invaJ.d. Every agent enters voluntarily, and it
is pvesutn ;J conscienti tusly, into the discharge of
his tl'jlien. rvillimit intermeddling with the con-
"ciimce of another. lVrst Offices are so regula
ted, as tint hut a small proportion of the first dar
f this rverlt is required to ho occupied in official
business. It the transportation if the mail on
t ut day, no one ngrnl is employ td many hours.
Bel gium persons enter into the business without
viol sling their ow n consciences, or imposing any
restraints up m others. Passengers in the mail
stag'd! are five to rent dming the first day of the
' P ll si m Ih •ir j iurnt ys at their own pleas
ure. While the mail is transported on Saturday,
'If Jetv iindt eS ilthatarian may abstain from any
agency in carrying it, from con*cientiiras scruple
While its is t ansporud en tho first day ortho
'veek, another class nay abstain, front the earns
religious scruples. The obligation of government
i-the same to both of these classes; and the com*
itlee can disrovtrno principle on which the
laitns of one should he more respected than
those of the other, unless It should lie admitted
dial the consciences of the minority arc less sa-
■ retl than those of the majority.
It is the opinion of the committee, that the
subject should he. regarded simply as a question
of xpediency, irrespective of its rrligious hear
ing. In mis light, it Iras hitherto been consider
ed Cungrte-s have never legislated upon the
subject. It rests, as it ever has done, in the le
gal discretion of the Postmaster General, under
the repeated refusals of Congress to discontinue
he Sabbath ilia,Is. His knowledge and judge
un til in all the concerns of that department, will
not h" questioned. Hi* intense labors and assi
duity have rt-ulled in the highest improvement
of every branch of Iris department. It is prac
tised only Oil the great leading mail routes, anil
od the balance of the fund He trusted the moduli such others ns are necessary to maintain their
of Iris colleague would prevail. Ilu hoped that iho 1 eonnexinns. To prevent this, would, in the opin-
Iny on which tins treuty w as concluded, rondutod ! j"n of the cormnitle", he productive of immense
annuals hy a glorious achievement, j b’j try, both in its commercial, political, and in ils
o 1 moral hearings.
tnetnorablt
would not Ire sullied bv tut act of