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CONGRESS.
HOUSE OE REPRESENTATIVES.
INDIAN AFFAIRS.
The House took up the resolution
offered yesterday by Mr. Woods.
Resolved, That the Secretary of
War be requested to inform this
House, what were the reasons assign
ed for breaking au individual and de
priving him of his authority among-the
Creek Indians, as stated in the letter
of Thomas L. McKenney, of the 29th
November, 1827, to the Secretary of
War, and who said individual was,
tvith his residence: and in what capa
city he was acting for said Indians;
•and to communicate to this House,
detailed statement of the expenses of
the several missions to the Indian
Tribes, sent under the authority of
the War Department, for the years
1826 and 1827, specifying the objects
of the expenditure, and the persons
employed; and, also, copies of any
evidence or complaints which are in
the Department, concerning any al-
ledged improper conduct of any agent
or superintendent, in regard to the
granting or withholding of passports
through the Indian Country.
The question being on the follow
ing amendment offered by Mr. Mc-
Lane:
And, also, the expenses and pay
ments to commissioners and other a-
gents for negotiating treaties with
the Indian tribes since 1813, relating
the objects in which the several sums
were expended.
Mr. McLane withdrew that a-
mendment, and proposed to amend the
resolution by striking out the words
“ for the years 1826 and 1827,” and
to ir^ert “ from 1813 to 1827, inclu
sive.”
Mr. W”oods suggested to the mov
er a modification to the amendment,
which was agreed to by the mover.
The amendment, as modified, was
then agreed to.
Mr. Ingham moved to amend the
resolution, by adding the following
words:
“ And also, to inform this House
whether the persons employed to hold
treaties with Indian tribes in the Ter
ritory of Michigan during the year
1827 have undertaken to constitute
and appoint an Indian Chief, and if so
whether any chief thus constituted and
appointed has signed any treaty with
the United States.
Mr. Woods accepted the amend
ment as a modification.
Mr. Mitchell, of Tennessee, said,
he was convinced that the House
must, by this time, be satisfied that
no good whatever could result from
this enquiry. He did not know to
what particular object it was to he
considered a directing index. He
considered it as only tending to pro
duce abroad impressions which could
not be realized, and touring our le
gislation into disgust. He saw noth
ing in it but that which would excite
angry passions, and induce false im
pressions. As for himself, and the
gentlemen who acted with him from
the South, they were satisfied that
every thing was right. Gentlemen
who were not satisfied should enquire
at the department, where they
would receive frank answers to all
their interrogatories. He would un
dertake to say here, in his place, all
was right. He would have hated the
man who would have acted otherwise
than the agent had acted in this case.
It would have been puerile to have
done otherwise. If Jack Ridge was
among these Indians, and had an op
portunity to ingratiate himself with
them, he did it to influence their pas
sions, and not to direct them to a ju
dicious decision. When he spoke of
this individual he wished it to be un
derstood that he knew the man. He
disclaimed any desire to draw a dark
picture of a savage.
As to the expenditures, every thing
relating to them may be obtained at
no great distance from the Speaker’s
chair: and to make an application to
the Department for that information,
is but an advertisement of our own ig
norance. He had no desire to put his
sign manual to such an advertisement.
We are in the habit of making too
many useless inquiries.
He spoke of the Indians from his
personal knowledge; for they were
unfortunately his neighbors, and he
was acquainted with them. The
chiefs are nabobs, and the inferior In
dians are in a much worse situations
than the most abject of slaves, than
even the boors, of Russia, and those uf
the wildest and most inhospitable re
gions of that empire.
These nabobs rule over the tribes;
and we, by our speeches, filled with
a false humanity, aid them to rivet
the chains by which they hold their in
feriors more firmly. Whenever it
may be proper for us to legislate at
all-on this subject, he wished that we
should take that proper course which
would effectually relieve the Indians,
by putting down this system of despo
tism. Now, from feelings which he
respected as much as any man could,
for want of sufficient information on
the subject, we are doing worse than
nothing. He trusted that gentlemen
would pardon his opposition to the re
solution. He believed that it origin
ated in a good source: but he could
not sit quietly and see a proposition
adopted, which is calculated to do
much mischief. He repeated that
the information could be all obtained
without going far in quest of it: and
said; that as be could see no legisla
tion which was likely to grow out of
th» resolution, he would wove to lay
it on the table.
The question to lay the resolution
on the tabl&, was then put and nega
tived. Ayes 60, Noes 76.
Mr. Mallary stated that he was
quite a stranger to the transaction to
which this resolution referred. If it
was intended to show that an agent of
the government had exercised the au
thority which was stated in the reso
lution, it was a palpable violation of
his duty. lie considered the enqui
ry as ei?»a89ting from a quarter which
was entitled to respect. If the act
had been committed which was imput
ed hy the resolution, the nation ought
to be informed of it. Tlie gentleman
fiom Tennessee seemed to think that
the resolution could be of no use, and
that it would excite unpleasant feel
ings. What is it to us, if unpleasant
feelings are excited? Because such
feelings may be excited, we are not
to be deterred from instituting an en
quiry which may lead to beneficial
results, and to the correction of abu
ses. if they are found to exist. The
gentleman from Tennessee had assur
ed the House that nothing was wrong;
and doubtless, according to the view
which he took of the subject, nothing
was wrong. But it was somewhat
out of the ordinary course for gentle
men to rise in the House, and expect
to put a stop to an enquiry, by the
personal assurance that nothing was
wrong. If this practice had prevail
ed, what would have become of all
the resolutions of enquiry which had
been submitted to the House? Be
cause gentlemen thus rise, and give
assurance to the House, the process
of enquiry is not to be stayed. Al
though the gentleman from Tennessee
considered that all was fair, and that
nothing of an injurious character bad
taken place, be (Mr. M.) might be of
a different opinion. He could only
fo’in that opinion f om the testimony
which miclit be placed before lrm —
At present lie could only say. that, if
it was true that (lie agent of the go
vernment bad gone into the Indian
country, and had deposed a chief, in
order to obtain a treaty on more ad
vantageous te rns, it was an act of
tvranny which could not be justified.
This miserable portion of the Indians
was not loo well protected; and lie
hoped that when any attempt was
made to abridge the poor remnant of
rights which was left to them, the go
vernment would extend its arm in their
defence.
Mr. Lumpkin said that if gentle*
men had taken the trouble to exam
ine the testimony which is before the’
House, it would have saved all this
inquiry. How did the House become
acquainted with so much of this af
fair as was already known? On the
return of the agent from his mission
to the Indians, he had communicated
the facts to the Secretary of War,
and from the Secretary they had been
transmitted to the House. The a-
gent says that after summoning the
council, he introduced his business,
and found the interference of this man
was such, that the people to whom
he was delegated, would not listen to
his propositions, while he was present.
He then deposed him. It was noth
ing more than if an individual from
the gallery were to come into the
House, and, in a tone of authority, as
sume the right to direct our proceed
ings. It is true there is some differ
ence as regards the Indians, as we
profess to negotiate with them, on the
footing of independent nations. But
in point of fact the analogy is pretty
complete. He admired the sympa
thy which gentlemen always exhibit
ed for the poor Indians. But if any
persons had ever reason to say, “save
me from my friends,” these Indians
had. What had gone from this House
had injured the Indians much more
than ail the acts of the Government,
or of those who are considered the
enemies of the Indians. Long since
these Indians would have been quiet
ly settled in a good land, but for the
misguided zeal of gentleman in this
House. It could be shown to any
gentleman who would take the trou
ble to call at the War Department,
that our Indian Affairs had been late
ly conducted at a much less expense
than at any former period. He con
eluded by renewing the motion to lay
the resolution on the table.
The motion was again negatived.
Mr. Marvin said, if it was true,
that hy the assistance of the Gentle
man from Georgia, or any other per
son we could, by being conducted to
the Department, find the important
information, reouired by this resolu
tion, he thought it a sufficient reason
for the adoption of the resolution, in
order that the information might be
pul in the possession of the house with
out going there. The gentleman from
Ohio asks for information as to some
communication between an agent-of
the Government and certain Indian
tribe. Another gentleman from Ohi-
o, and not usually acting with his col
league on questions relating to Indian
affairs, had moved an amendment,
which had been adopted. A gentle
man from Pennsylvania moves anoth
er amendment, the purpose of which
is to enlarge the inquiry, and this the
mover of the resolution adopts as a
modification of his resolution. If any
other gentleman wished to enlarge the
sphere of inquiry, he was willing that it
should be adopted. But when three
gentlemen thus united for the purpose
of making an inquiry, he was for the a-
doption of it. He was not particular
as to the character of the inquiry.—It
was enough to know that it had rela
tion to the Indian tribes. He viewed
all measures of this character as
growing out of the state of the nation,
in consequence of the pre-existing con
tract with Georgia; although the just
policy of the country in regard to these
Indians is yet unsettled. The bill re
lative to the final disposal of the In
dians has not yet been acted on.—
Whatever had reference to past trans
actions with the Indians, he was glad
to see inquired into, and he hoped the
present resolution would be adopted.
Mr. Weems said that the object
was purely to get information. He
wished to obtain that information.—
He desired to know if there had been
negotiated a second McIntosh treaty;
and also if any agent of the Govern
ment had taken on himself to put down
an adviser of any of the tribes. He
thought it incumbent upon us to treat
with the Indians fairly. We had paid
dearly for the McIntosh treaty, and
he wished to avoid another treaty of
that kind. If this resolution was mere
ly one of enquiry, and as he wished for
lisjht in order to act understandingly,
he hoped the resolution would pass.
Mr. Bates ef Missouri said he had
not often troubled the House,& he hop
ed he should now be indulged while he
made a very few remarks. He thought
the question one of much greater im
portance than it seemed to be at the
first glance. Had it been a mere
money matter, a question of dollars
and cents, he might have been content
to let it pass by, without observations
on his part. It wa3 said the person
who was broken by the agent of the
Government was a foreign interloper
a mere wen on the Indian body, a nox
ious excrescence; that he was an in
dividual personally known to one gen
tleman, and was, not to he treated
with. The agent had himself convey
ed the knowledge which the House
possessed on the subject in a very em
phatic manner. Three times he met
the tribe, but he could not effect any
thing, until he had deposed this man.
He does not name the individual, but
says that he was an unauthorized a-
gent, having authority among the tribe
He says, “assuming the responsibili
ty. I broke him on the spot.” Broke
him—from what? Some office, he
presumed—some political situation.—
The simile of the gentleman from Ga.
was not borne out by f&ct. He says,
if a person comes from the gallery in
to the House to interfere with our
proceedings, cannot we break him.
If an envoy from a foreign court comes
here, his place is on the floor, and not
in the gallery, and he did not see ex
actly on wffiat ground the gentleman
from Georgia could justify the taking
of that privilege from him. Here was
on envoy; we treat with these Indians,
and the treaty becomes the supreme
law of the land. He was himself one
who was always ready to enter his
protest against these Indian treaties,
which he believed to be a complete
mockery. But as it was the practice
the Government, we are bound to t arry
it on according to the provisions of the
constitution; and while we treat, xve
must give to them all the advantages
which belong to nations whose right to
negotiate xve recognise. If we find a
foreigner in office among the Indians,
he knew not what right we had to take
exception. We have ourselves had
distinguished foreigners in our employ.
No matter who the individual may be;
whether Vann or Ridge, he could not
tell that this made any difference. If
any person had. a right to break this
man, it must be the Creeks them
selves. Had the President himself
been there, and exercised the right of
breaking this individual, it would have
been an act of usurpation.
He knew boxv much it xvas the fash
ion to cry down these Indian treaties
MHte-
US mere matters of bargain. But no
treaty was ever considered valid un
til it had received all t|£ customary
sanctions of law. And are we called on
to give our sanction to a proceeding
which violates ail the rights of the-
people with whom we negotiate?—He
was himself acquainted with the cir
cumstances under which these treatiea
were usually made. He had been
present at some of them, he had heard
much more respecting them, until he
had convinced himself that the moral
evidence xvhich he had obtained, was
equal to any judicial testimony.—He
was convinoed that nine out of ten of
tjiese treaties are not made in that
free and open spirit in which they
ought to be negotiated, but are dicta
ted by us either with arms in our
hands, or by another course equal de*
structive of independence. We see
in our statute books some items which
no man can understand. We see sum«
put down for services performed by
individuals, none of xvhom are known
except by the agent who employed
them.
Mr. Moore, of Alabama, here
spoke to order, on the ground, that the
discussion was taking too wide a range.
The speaker decided that the
gentleman from Missouri was giving
too much latitude to his remarks.
Mr. Bates expressed his regret
that he should have departed from the
strict limits of debate. He repeated
that the letter of Mr. McKenney, a
clerk in the Department states that he
assumed the authority, & broke this
individual. It was important, while
we keep up this system' of treaty mak
ing, that we also keep up those forms
of courtesy which are preserved be
tween independent nations. If we are
to use this strained power against the
Creeks, xvhat is to prevent us from
doing the same towards other nations?
The time may come when some one
of the nations of Europe may fall into
this poor and feeble condition, ia
which we may think proper to exert,
cise again this domineering disposition*
when some envoy from this country
may choose to turn out their Secreta
ry of State, or discharge their Senate*
in order to remove individuals who
may stand in the way of his views. And
though the power has been now exer
cised by so humble an individual, it
may hereafter be usurped by some one
more conspicuous, availing himself of
this mischievous precedent.
Mr. Wickliffe said, that as an a-
mendment had been adopted this?
morning, extending the inquiry into
the expenditures for Indian treaties
so far back as 1813, he wished tc of
fer another amendment. He stated
that the practice which o.iginally
prevailed in the negotiation of these
treaties had been departed from. He
was opposed to permitting the Head
of a Department to send A B or C to
spend a comfortable summer, in order
to hold treaties with Indians. He
did not wish any treaty to be made
without an appropriation being first
obtained from the Representatives of
the people. To see how-far we had
proceeded, he moved to amend the re
solution by adding the following words.
“In cases where specific appropri
ation has not bepn previously made by
Congress to defray the expenses of
such mission for the purpose of hold*
ing treaties.”
This amendment was agreed to.
Mr. Thompson, of Georgia, moved
to amend the resolution by inserting^
after the words “among the Indians,”
the following words;
“And if the person so dismissed was a
Cherokee, whether he hltd not been,
previously to that time, ordered froiri
theCreek nation by the authority of
his own tribe.”
This amendment was agreed to.
Mr. Wilde said, so far as this resold^
tion seeks an enquiry into a particu- 1
lar transaction, he|w r as authorized td
believe that all the information on
that subject was easy of access'by or
dinary dilligence. If that was the
case, he xvas opposed to making any
further addition, for this purpose, td
the masses of printed documents with
xvhich the tables of members are over
loaded. Mr. W. made some other
observations, xvhich oxving to ah inter
ruption, xve did not distinctly hear.
He afterxvards xvent on to ask, if these
Indian tribes are independent nations,
xvhy are they not represented hy min
isters near the United States? He -
adverted to a proposition made by the
Cherokees to settle the dispute with
Georgia, hy making a cession of Flori
da to them. According to Mr. McKen-
nev’s letter this min xvho xvas deposed
had onlv exercised an influence over
the Indians. Are xvo to enquire whftf*
