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Ami what their decision will be, after
waiting on® or two, or three winters
more—iio one can predict.
I have been surprised to discover,
how Indiau affairs tie acted Open
here at Washington, and even adjudi
cated, without competent .information,
Take for instance the getting up of'
the instructions for the Commission
to Green Bay. The proper officer,
not being himself possessed of tbc
necessary information, (this supposi
tion being the only sufficient apol
ogy,) puts in requisition a hand, which
had not only been upon the premises,
but concerned in the very mischief
required to be ratified;—and which of
course conld lnrdlv be expected to
execute an instrument to expose,
reprobate, and disaunul its own acts.
Consequently the Commission entire
ly failed. And the responsible officer,
being called to report upon the case,
and still ignorant, imagines, that all is
well, and well done—and reports “the
misunderstanding as adjusted.” But
upon Iho very heels of this report, as
if to mock and belie it, come pouring
down from Green Bay about twenty
Indians, with a posse comitatus of
Government agency, whose language
in this matter, is:—”No, Sir—this
concern i9 very far front being adjus
ted.” Mistakes of this sort are alto
gether the most •' charitable view,
Sfbich could be taken of the facts.
But they are sad mistakes for tbe
poor Indians.
There is to be sure a little awkward
ness in being obliged so soon to come
down from the high complacency and
bright aspect of the concluding para
graph of the Report from the War
Department, and undertake this
business de novo. There are, howev
er such strong tendencies of tho cur
rent of opinion from the members of
cither house of Congress, from the
Slate of New-York, who are iu the
confidence of the present Government
—beating upon and urging a reconsid
eration and adjustment of this matter,
that it is difficult to give it tbe go by.
The President can have no interest in
prejudicing the rights of the New-
York Indians at Green Bay—and his
feelings, left to himself when acquaint
ed with the case,would doubtless lead
him to the proper results. But tho
misfortune is—that the President is
too apt to resign questions of this sort
to the Secretary of Wdr-r-who al
ways feels qualified to decide them by
intiiilion-abstraclly—under the chanu
of one single, naked ruin viz: You
must go beyond Mississippi. To beat
this out of his head, would require to
beat his head off his shoulders. The
sqirit, which dictated the letter from
Franklin, Tenn. of the 26th July
Ijjst, is rather too dominant. By the
by: there is one argument iu that let
ter, rather unfortunate for some of
our citizens, viz; ” The lordly digni
ty of man which leaves women to
be hewers and drawers—is peculiar to
savage life.” Thu author saw Seneca
women working in the field at their
settlement uear Buffalo. Ergo; The
Senecas arc savages■ How many cit
izens in the United States are proved
savages by the same rulo! The
wives and daughters of white men in
some large districts of our country, it
is well known, not only toil in die
field, but stand behind the chairs of
the men at table, and presume not to
oat, till their lords have risen. Ergo:
they are savages— and ought, doubt
less, to go beyond the Mississippi.
To appreciate the decree of civili
zation and refinement (for refinement,
even in high degrees, is not uncom
mon) to which many of our Indians,
who* have been located in the bosom
of the whites, have at£.a*ned—it is nec
essary totonapare them with the wild
men of the forest. Let a mat; go to
Green Bay, and look at the New-ir *\'’k
Indians there, and the natives of those
regions, with whom they are surroun
ded. And there is not to much differ
ence between the highest circles,—
the most cultivated character in the
State of New-York, and the lowest
most' wretched of her Indians, as be
tween the former classes at Green
Bavj Look it them here at Washing
ton';. The New-York Indians here,
as well as the Cherokees and Creeks,
arer well'dressed gentlemen, of good
maimors-rthemselves good society
for any sensible man—sitting at the
publick tables throughout the City—
undistinguished from tho common mass
except.it bo iu superior delicacy of
fotfliog. * Aod yet the public function
ary. un whom (heir doom very much
depends, has solemnly declared, iu an
ufliciaf indited for their
comfort and edification—and in proof
of their irreclaimable aavage nature,
as also in apology for ejecting them
from their peaceable tenantry—he
has declared: that “ the wild turkey,
though you shall take the egg, and
hatch it in your batm-yard, will not
forget liis^ nature but will seek
the tallest forest tree for his roosting-
placo.” And he adds: “Of this
there arc abundant evidences!”—viz
that a wild turkey’s egg will hatch a
wild turkoy!
The Jlfenomentes here are, indeed,
somewhat like “wild turkies”—
or some other wild animals of s baser
sort. They “ roost ” indeed for the
present in a, very fine parlour at Gads-
by’s. But they look very much like
having an inelinvlion to “ seek llm
tallest forest tree” in preference.
Heaven forbid, that l should make
spoil with the low condition of those
poor in or. And heaven pardon me—
that T bavo found it necessary to speak
with apparent levity, even for r mo
ment, fora benevolent purpose-and to
shew the contrast between the culli-
wited and the wild Indian. For the
Secretary of War has again solemnly
declared, that “the Almighty hand
has stamped upon every creature a
particular genius!” meaning, as,the ar
gument shows-that the Indian can nev
er be improved in his condition. And,
therefore, he ought to go beyond the
Mississippi.Again he says: “It is a U
topi an thought to think of civilizing In
dians. Nature must first bo changed.”
Having fallen by accident upon
this famous letter from Franklin, I
can hut notice the categorical and un
feeling manner, under which the poor
Indians seem to be dismissed, with a
final overture. They are virtually
told in that Utter, 1 Congress lias
made provision for your removal be
yond the. Mississippi. 1 now offer you
that provision-oil the condition that it
be now accepted. Otherwise, it will
be considered as forfeited, and will be
w r ithhnlden. And you will also be de
livered over to the power of the states
where yort arc—and you must help
yourselves. Weep my country;—and
all her children be ashamed! If
indeed they aro savages, why not bear
with them a little longer?-Where is
patience ? —Where is kindness ?—
Where is dignity ?—And besidcs-
whenoe the authority for such a condi
tional overture?-lt is, indeed, assn*
mi,;~ a areat deal to say: The Presi
dent will do tiC more-Congress will no
no more—take this or nothing—and if
you refuse it, the only aitei'8*tive
is—to he abandoned by the Govern
ment--to be throwu beyond protec
tion. The organ of the w ill of Gov
ernment, sent on a mission of kindness
te a class of dejected and helpless
dependants, himself assuming the pre
rogatives of legislation—and dealing
<>nt threat* to enforce submission to
his flton will! Yours, Sic.,
CONGItUSS.
| :>
S»cofg»*T* the Indian lands ,.
From the National intdhgencsr.
Berate.
Feb. 14, 1831.
Mr. Frelinghuysen laid on the
table the following resolution:
Resolved, That tho Presido.it of tho
United States be required to inform
the Senate whether the provisions of
tho act, entitled “An act to regulate
trade and intercourse with the Indian
tribes and to preserve peace on the
frontiers,” passed the 30th March,
1802, have been fully complied with
on the part of the United States’
Government; and if they have not,
that he inform tho Senate of the rea
sons that have induced the Govern
ment te decline the enforcement ef
the said act.
February 15.
The resolution yesterday submit
ted by Mr. Frelinghuysen, was then
rjeen up.
Mr. Benton objected to the forsnf
of the resolution, «nd wished it so
modified as to .make the call mere
simple.
Mr. Frelinghuysen W*» willing
te modify, but should have betfO pleas
ed if the gentleman from Missouri had
stated in w»^*Tespeat he desired the
madifmatiow'^He could then be able
to give a proper answer. Aftir a
few remarks from Mr- F. in faver^of
his resolution; and a description*of
tbe views of the present Executive ih
relation to the Indians',
Mr. Holmes addressed that Senate,
and in the course of .his remarks made
allusion to the assumption of certain
powers by the President on the Indian
question, as encroaohing on the Le
gislative power aod jurisdiction.
Mr. Bell asked for the yeas
nays on agreeing to the resoluti
they were ordered.
Mr. FoBSYtH had hoped thal
two Houses of Congress wore done
with the Indian discussion, more par*
tiaularly as the milter had boon
brought before the Supreme Court.
He replied to some of the remarks
of Mr. Frelinghuysen.
Mr. Noble said a few words as to
the oppressive nature of the laws of
Georgia relative to the Indians within
that State, And made some reference
to his vote of last Session on this in
teresting question.
Mr. Frelinghuysen again took
the iloor, and in a speech of considera
ble length, replied to the remarks of
Mr. Forsyth. He went into a histo
ry of the Indian Intercourse Law ef
1802, and spoke of the measures pur
sued during the Administration of
Gen. Washington in regard to the
Southern Indians.
When he had concluded, Mr.
Smith, of Md. moved to lay the reso
lution on the table, with a view to
proceed to the farther consideration
of the resolution heretofore submitted
by Mr. Grundy, as yesterday modi
fied.
The Senate, on motion of Mr. Fre
linghuysen, resumed the considera
tion of tho resolution yesterday sub
mitted by him, and which had been
under consideration this morning.
Mr. Forsyth rejoined io the re
marks of Mr. Frelinghuysen and
Mr. Noble.
After a few-farther remarks from
Messrs. Noble, White, and Fre
linghuysen^
Mr. Benton moved to lay the res
olution on the table, to give the Sena
tor from Now Jersey an opportunity
to modify it, so as to call for certain
specific information as to the Indian
intercourse law of 1802: but the mo
tion was negatived, 16 to 25.
The question was (hen put on the
adoption of the resolution, and decided
in the affirmative by yeas and nays, as
follows:
YEAS—Messrs. Barnard, Barton,
Bell, Benton, Burnot, Chambers,
Chase, Clayton, Dickerson, Dudley,
Ellis, Foot, Forsyth, Frelinghuysen,
Grundy, Hayne, Hendricks. Holmes.
Iredell, Johnston, Kane, King, Knight,
Livingston, McKinley, Marks, Nau-
dain, Noble, Poindexter, Rabbins,
Robinson, Ruggloe, Sanford, Seymour,
Silsbec, Smith, of Md. Smith, of S.
C. Tazewell, Troup, Webster,
White, Willey, Woodbury—43
NAYS—Messrs. Bibb, Brown, Ty-
ler—3,
February 16.
Mr. Sprague presented tho me
morial of certain inhabitants of Wis-
casset and Cliesterville, in Maine,
praying for the protection of the rights
and privileges of the Indians.
In presenting it, Mr. SpiuguE ask
ed of the Chairman of the Committee
on Indian Affairs, whether it was ti.’e
intention of that Committee to make
a report on the subject at the present
Session.
Mr. White, (the Chairman of that
Committee) replied that tho Commit
tee had not yet come to any deter
mination on tho subject. He could
not, therefore;;inform the gentleman
whether the Committee would or
would not make a report.
Mr. Sprague then said that lie
should move that the memorial lie on
the table. Tho motion prevailed.
House or Representatives.
February 8, 1831.
Mr. Evf.rett, of Massachusetts,
in presenting, on Tuesday last, a me
morial from cartain citizens of Mas
sachusetts, praying that the Indian
Tribes may be protected, in the rights
secured to them by the laws and trea
ties, observed, that lie had long felt it
to be the dnty of the House to con
sider the all-important subject of this
ancmorial. He should himself, by
way of resolution, have called the at
tention of tbe House to the subject,
had no other itfembfer expressed an
intention of doing so, if it had been
possible, under the rules of the House,
to move a resolution. But it was
known to the Chair that, lor several
weeks past, there bad not been* a mo
ment when it was in order to metre a
resolution. A petition from a very
respectable community in tho State,
which he had the honor, in part, to
represent, had been placed in his
hands. By the rules of tho House, a
petition cannot bp debated on the day
on which it is presented, hut must lie
outlie table one day. As petitions
arp received only one day ef the week,
i come up as
of petitions.
He bcggeT^PVdl^H&forc, in pre
senting this petition,'to give holive,
that, when it should come up, on
Monday next, he should feci it his du
ty to ask the attention of the House,
to the very important question of pro
tecting tho Indian Tribes in the pos
sessions and rights secured to them bf
treaty and the laws of the United
States.
February 14.
The petition laid on the table by
Mr. Everett, of Massachusetts, last
Monday, from sundry citizens of Mas
sachusetts, praying the repeal of the
Indian Law of last session, Sic. was
announced by the Chair as now be
fore the House for disposal.
Mr. Everett rose, and was pro
ceeding to address the Chair, when
Mr. Tucker interposed and de
manded that the question of “conside
ration” bo put, and the Speaker an
nounced this to be the question.
[This questiou precludes debate on
auy utotion unless the House decides
in iavor of its consideration.]
Mr. Lumpkin demanded the Yeas
and Nays on the “consideration;” and
they were ordered. •
Mr. Everett said it was with
groat regret he was obliged to say that
lie considered the demuod for the
question of ceroideratioo out of order;
the petition had been received by the
House, aud if this motion were enter
tained by the Chair, it would cut off
all debate the petition, which Mr.
E. said he had a right to discuss, on
presenting it, if he thought proper.
The Speaker said the House had
a right to decide whether it would con
sider the gentleman's motion—it had
a right to refuse to receive tho peti
tion itself.
Mr. Everett. But the Mouse
has received the petition, Mr. Speak
er. „
The Speaker said the petition had
been received and laid on the table;
that the House had a right now to say
whether it would consider the gentle
man’s motion touching its reference,
and therefore tho demand for the
question of consideration was in eider;
and he proceeded to refer to the rules,
nud explain his construction of them,
to show the propriety of his decision.
Mr, V inton moved a cull of the
House, which was agreed to, and tho
Clerk having called the roll of (he
members, nud the attendance appear
ing to be pretty full, further proceed
ing in the call was suspended.
Mr. Bell asked if the House de
cided in favor of “consideration,”\vhat
time would the discussion be in order;
could it be continued from day to day,
or would it bo limited?
The Speaker replied, it could only
be continuod to day, and the next days
on which the presentation of petitions
»rould be iu order, (namely, on Monday
Horn;.)
Mr. Everett again rose, and said
he felt himself under the necessity of
appealing from the decision of the
Chair, on the correctness of entertain
ing the demand for the ' question of
consideration; and he proceeded in
support* of his appeal at some length
-r-arguiug that this was no motion, or
proposition offered to the House, but
simply a petition from a portion of his
constituents, which they in the exer
cise of their constitutional right had
presented to the Houso through him,
their representative. He had laid it
on the table, order the rule; it came
up to-day as a matter of course; its
consideration required no motion, and
he had made none; the matter before
(he House was tho petition itself, and
to that be had a right to speak; it was
a constitutional right to which tho
rule ef consideration could nut apply,
and could not cut off. It was with
unfeigned reluctance he made the ap
peal, but a sense of duty constrained
him to do so.
Mr. Tucker, iu a few remarks, de
fended his call - for the question of
“consideration,” and his motive for
making it. His object was te save
tho time of the House from being
wasted inaa useless debate.
The Speaker then rose, and after
stating the case, read the rules in
point, which lie explained at some
length, to show tbe correctness of his
decision in entertaining tho demaud
for “eonsidaration ” Ha referred
particularly to tho 5th rule, which is
as follows: “When any motion or
propositioft is made, the question
ervr consider ill
demand-
s deemed *
necessary by the SpeaKFT.” During
the whole time which he had presided
in (he Chair, he had never exercised
the privilegfl'of requit ing the question x
of consideration; it was now required
by ,fpotlurr member, and he had no-
rigbt to refuse it, it being in order un
der tbe rule.
Mr. Wayne asked-if ho was to un
derstand, that the motion of tbe gen
tleman from South Carolina, (Mr.
Tucker,) was in order, before the
gentleman from Massachusetts (Mg.
Everett) had submitted any propo
sition.
The Speaker replied-, that he con
sidered there was, virtually, a. motion
before tbe House, on taking up the-
petition for disposal.
Mr. Wayne thought that! did' not
follow of -course. The gentleman
from Massachusetts had not submitted
any proposition relative to tlio peti
tion; and until be did that, tbe House
could not know what his motion would
he, or decido whether they vvould-
consider it. Tho House would be-
voling in the dark. He maintained)
that tho Speak*r would b'e right bad!
the gentleman made any motion for the
disposition of the petition, but at pres
ent tho demai.d of “consideration” ho
thought premature.
Mr. Tucker then withdrew hi®
call for the question of consideration.
Mr. Everett said it was his inten
tion to debate the petition which he
had presented te the House; and •
when the Speaker decided that he
could not do so, bo denied a right
which was sanctioned by the practica
of this House. During the last War
many important questions were de
bated ou the presentation of petitions..
Tho Speaker. There must stilt
be a motion before- the House to au
thorize debate.
Mr. Everett. If I am entitled
to the fleor [aevoral member® were
attempting to address the Chair] 1
will then submit a motion before I sit
down.
Tho Speaker. It is in thespdlvcr
of the Speaker, or of any merabor, to
require that every motion be reduced!
to writing, and the Speaker requires;
that the gentleman send his motion to
the Chair in writiug.
Mr. Everett accordingly sent to
tbc Chair tho following motion.
Thai tbe said memorial be referrect
to the Committee on Indian Affairs,
will) instructions to report a bftl mak- 1
ing further provision for executing the
tbe laws of the United States on the
subject of intercouso with the Indian
tribes; and also, for tho faithful ob
servance of tjioatreaties between the
United States and the said tribes.
'The motion having been read—-
Mr. Wickliffe demanded that the
question be put on tho “consideration”
of tho motion. Ho had no idea of
commencing another Indian war ah
this period of tbe session.
Mr. Condict called for the yeas
and nays, and they wore ordered; a«di
tbe Speaker having stated the ques
tion—
Mr. Everett said if he understood
the Chair that it was in order to pre
clude debate on his motion, by tho
question of “consideration,” he must
appeal to the House from tho decis
ion cf the Chair.
The yaat and nays wore ordered on
tbe appeal.
Considerable debote now ensued on
tbe appeal, which as it cannot be re
ported fully, is not attempted at all;
tbe preceding outline being sufficient
to shew the reader the nature of the
points which arose, and the course of
proceeding on them, which is all that
is intended by the sketch. The ep-
peal was'supported by Mr. Everett
and Mr. Bates, of Massachusetts;
and it was opposed, and the decision of
tbe Chair defended, by Mr. Wayne
and Mr. Thompson, cf Georgia. Fl-
nally,
Mr. Everett said, yielding to the
wishes of several of his friends, he
would withdraw the appeal, add meet
the question at once.
The question was then pot—“Will ’
the House now consider tlje motion?”
and was decided in the affirmative, by
yeas and nays, as follows:
TEAS—101. tfAVS93.
Mr. Everett then rose, and ad
dressed the House until near four
o’clock, in support of his motion;
when, being evidently much exhaust
ed, (having not long since recovered
from severe illness,)
Mr. Wayne and Mr. Vance rov*
-or i meae