Cherokee phoenix. (New Echota [Ga.]) 1828-1829, April 17, 1828, Image 2

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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*