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COLUMBUS SENTINEL AND HERALD.
VOL. X.J
PUBLISHED EVF.RV SATURDAY 3JOHSING BY \
JOSEPH STURGIS.
it HO A D STREET, OVER ALLES AND VOCNO’s,
M’iXTOSIf HOW.
a~. ‘ “*’ *'* r “ . y,~“
TERMS—Subscription, three dollars per an
iniiii payable in advance, or eoua dollars, (in all
case . exacted) where payment is not made before the
expiration of the year. No subscription received for
less than twelve months, without payment inadvance,
atid no paper discontinued, except at the option ot
the Editors, until all arrearages are paid.
ADVERTISEMENTS conspicuously inserted at
mt dollar per one hundred words, or less, for
the first insertion, and fifty cents for every subse
quent continuance. Those sent without a specifica
tion of tho number of insertions, will be published
until ord -redout, and charged accordingly.
2d. Ye arly advertisements.—For over 24, and
not exceeding 36 lines, fifty dollurs vs r annum ; for
ovr 12, and not exceeding ‘24 lines, thirty-fire dollars
per annum ; for less than 12 lines, twenty dollars
per annum.
3d. All rule and figure work double the above prices.
Leo xl Advertisements published at the usual
rates, and with strict attention to the requisitions ol
the law.
Am. Sai.es regulated by law, must be made before
the Court House door, between the hours of 10 in the
morning and 4in the evening—those of Land in
the county where it ts situate; those of Personal
Property, where the letters testamentary, of admin
i ‘ration or of guardianship were obtained—and are
required to be previously advertised in seine public
Gazette,as follows:
Sheriffs’ Sales under regular executions for thir
ty and vva. under mortgage fi fas sixty days, before
the day of sale.
Sales of Land and Negroes, by Executors, Ad
ministr.dors or Guardians, for si xtv dayb before
the day of sale.
Sales of Personal Property (except Negroe) forty
DAYS.
Cit ations by Clerks of tho Courts of Ordinary, upon
application for letters of administration, must
be published for thirty days.
Citations upon application for dismission, by
Executors, Administrators cr Guardians, monthly
for six months.
Orders of Courts of Ordinary, (accompanied with a
copy ol the bond or agreement) to make titles
to i. AND, must be published three months.
Notices by Executors, Administrators or Guardians,
of application to the Court of Ordinary for leave
to sell the Land or Negroes of an Estate, rot fl
MONTHS.
Notices by Executors or Administrators, to the Debt
ors and Credi.ors ol an Estate, for snf weeks.
Sheriffs, Clerks of Court, &c., will be allowed
the usual deduction.
I(3° Lfttf.rs on business, must be post paid,
to entitle them to attention.
CAUTION,
ALL persons are forwarned not to trade for the
f illo vmg described Notes of band given to Dru
ry B. May, as the consideration for which they were
given lias entirely failed, and 1 am determined not to
pay them unless compelled by law. On* for one hun
dred dollars, made payable at the Columbus Bans,
due thirty days after date, signed by myself as princi
pal, and W. YV. Pool security. Another for five hun
dred and twelve dollars and some cents, due five days
afier date, sivued by myself as principal, anil YV. VV,
Pool and Robert McCrary as securities. Also, one
for six hundred dollars, duo the 25th day of December,
or the Ist of January next, signed by myself with the
same securities. All made payable to the said May.
GEORGE L. McCRARY.
March 28, 1840. 6 if
OULETIIORPE HOUSE, >
September 7,1839. (
WM. P. McKEE N & G. YV. E. BEDELL
have associated themselves together for the
purpose of managing and conducting this establish
ment, which Iras been fitted out in a neat and genteel
style. This establishment is a large three story hriek ;
building, on the ror tier of Oglethorpe, and Randolph !
streets, wln re the Post Office has been lately remo- j
veil, and convenient for stage passengers, going to and
from, when opening and delivering the mail, and have
ample time to get their tneals and refreshments, which
will always bo orepared (or their accommodation. We
have associa’ed ourselves, not ordy wk'i the disposi- j
lion, but with the ability to give general satisfaction to j
nil of our friends who may favor its with.a call, YYe. .
iie.Tn, it tin i-cessarv io say much on this subject to ;
(hose who are acquainted with us, and those unac-j
apiainte I with us, are respectfully invited to try our
cheer and satisfy themselves. It is sufficient to say, |
that this establishment shall at all times be well fur- !
nished, well arranged, well attended to persona'ly by j
the proprietors, and kept free from riots, drunkenness I
and its consequences, and, in short, such attention will
Ik- bestowed n will deserve public patronage.
Sept 19 3J if M civ KEN & BEDELL.
PHOENIX HOTEL,
T.'.impHn, Stewart County, Georgia,
MFlilE subscriber having taken the above house,
Jl situated on the North East corner of the court
house square, formerly occupied bv Mr. Beacham,
take - pleasure in informing Ins friends and the public
generally, that this new and commodious establish
iii lit ts now completed, and in every v?,\y fitted up j
lor the accomm nl.it ion of boarders and travellers : the j
subscriber will give his personal attention to the super- j
vision of the house, atui no pains or expense will be !
soared to render all comfortable who may favor him |
with a call.
N. B. His stables are excellent anti will at all times
be bouuti'ully supplied with provender, and attended
by a steady industrious and trusty cstler,. who will at
all tiur's be in lus place and subject to the commands
of *he visitor. GIDEON 11. CROXTON.
Jan 2>—sl-tf
COLUMBUS HOTEL, *B4O.
fntle subscriber respectfully informs Ins friends and
Jl. the public generally, that he still continues to
occupy the above establishment, whore ho promises
refreshment and comfort to the traveller and border.
Ills own personal attention will be given to his busi
ness, in which he hopes to give general satisfaution,
4 u 1 share a liberal patronage amongst his brother
chips. JESSE B. REEVES.
Columbus, Ga., Jan. 21, 1810. 51 tt
I'l. VSTATIOS AXI) LANDS FOR S iLG.
jrwNHE subscriber offers tor sale his Plantation on
p the Uchec creek, near Satui Fort, in liussell
county, Ala.,consisting of 11—0 acres, the greater part
of which is tirst rate lime lands,‘2oo acres under a good
,„ aco a uJ in a fair state of cultivation. There is a
small never-failing stream of water running through it;
iso a good spring near the centre of the improved
antfs, and good dwellings and all necessary out build
ups. ‘ A ‘in Hoysc and Screw arc now being erect
ed 0 on the premises. Persons wishing to purchase
should do well to call.
Also 3 or 4000 acres of first rate lands, on the Cow
e i ccreek, in Barbour, mar the line of Russell.
JNO. CROWELL, Jr.
August 27, IS3B. 30 ts
THOMPsO.VS lI’EUINE TRUSS.
<.in effectual and radical cure for polapsus
uteri .
THE subscribers have taken the agency for the
above valuable instrument, and nave now on
{land and will constantly keep a variety of patterns,
lyluch they will sell at Manufacturers’ prices. These
Trusses are superior to gjjy instrument cf the kind
over invented, and arc now extensively employed bv
com of the most eminent practitioners in the United,
Estates. ■ j
Wo annex the certificate of the late Professor Eberle,
Sft ho used them with great success in his own practice.
4 Oixvixsatti, Ohio, May 12th, JBJ9.
‘I litre carefully examined the Uterine Truss in-j
rented by Dr. Thompson of this State, and I can con
fidently declare, that it is unquestion lily the most
perfect and useful instrument of the kind that has ever
been offered to the public. It differs essentially in
construction from the Utcro Abdeminal Supporter
constructed by Dr. Hull, aud is iu all respects a far
:upcrior instrument.*
The subscribers have also received the agency for
Dr. Chase’s Improved Surgical Truss, which is uni
'crsally ad nitted to be the most ccrtatn and lasting
TUrc ever discovered for Hernia or Rupture.
TAYLOR & WAKER, Druggists,
Sign of the Golden Mortar, Broad-st.
Columbus. June 20, 1839. _
LAW NOTICE.
FMTVIE undersigned will attend tothc PRACTICE
P. OF LAW. in the name of JONES & BEN
;s LN.Gr., in most of the counties of this Circuit, and a
few of tlte adjoining counties oi Alabama. Their
Office will be found noar the Oglethorpe House.
iSEABORN JONES.
JIENRY L. BENNING.
S-ept. 16,1839. 33. ts
LASA AND MART INKS,
dyeks and scourers.
HAVIi removed to the building formerly occupied
by Mr. O’Hanlon, nearly opposite the Ogle
thope House, where they will be happy to receive any
orders in their line of business. They will renovate
and mend Cxats, Pautaloons, Vests, Silks, Satins, or
jany article of wearing apparel which may lave become
‘injured or .soiled. . ....
The strictest punctuality will be observed in doing
work, and every effort made to merit the patronage ot
the publjc.
January 13, ISiO. t>o ts
A* M. HUGHES) Attamry it Lev, Cufhbert
• Georgia- . ,
Jan. 23 el !l
THE THOROUGH BRED RACE HORSE
LINWOOD.
HAVING withdrawn Linwood from the turf in
consequence of an injury in h*a legs, he will
stand the east)mg spring season, one hetf of his time at
rny stables about three miles East of Columbus, and
the other half at Maj. Henry Kendall’s on Upatoy.
The season to commence at rny stables on the 15th
day of February and close about the last of July.
Linwood will be let to mares at thirty dollars the sea
son, and fifty to ensure, and one dollar to the groom in
[every instance. In every case when the mare is sent
it will be expected that a note for the season money
will accompany the mare. Mares wdl be kept both at
Maj. Kendall’s and at the Proprietor’s own farm at
the usual rates, and every care taken to prevent acci
dents and escapes, but no liability will be incurred for
| eithir.
Pedigree and Description.
Linwood is a light chcsnut, of remarkable beauty
jand fine form, fifteen and hands high, of
jgay, gractful, spirited action, with a very docile tem
| per, equality much to be desired in a race horse, and
which runs in the veins of all The Pacolets, to wham he
is closely ailied in blood. He was five years old last
I spring, was bred by Mr. John Connally of Alabama,
I the b eedcr of Jofin Bascomb, Bill Austin, Gander,
and other distinguished runners, and was got by the
celebrated race horse Wild Bill, darn bv oki Pacolet,
gram! dam by imp. Diomed, great grand dam by imp.
VVildarr, great great grand dam by imp. Shark, &c.
Wild Bill was by Sir Archy, out of McNorrel’s old
sorrel mare, Mariah, a Georgia nag, who was also the
dam of Charles Ketnble and other good runners—
Mariah was bv Gallatin, dam by imp. Bedford, (also
the sire of Galfatin,) g. and. by Gen. McPherson’s De
bonair, t*. g. and. by grey Diomed, g. g. g and. by Wild&ii,
&c. Pacolet, the sire of Liawood’s dam, was by imp.
Citizen, and was the progenitor of most of the best
racing stock of the West.
From the pedigree it will he seen that Linwood
• races immediately to the very best English horses
ever imported into America, viz: imp. Diomed, imp.
Bedford, imp. Citizen, imp. Wildair, imp. Shark, &c.
ft is the opinion of many of our most distinguished
breeders and judges that the descendants of these
horses have not been improved by the recent fashiona
ble importations. Linwood was let to a few mares
ihe two last seasons and proved himself to be a sure
foal getter. Hia colts are remarkably large and hand
some, and will compart- with the get of any horse in
the State. 1 can with great confidence recommend
him to my fiends and the public arsa first rate horse
in every respect to breed from, cither for the saddle,
the farm, or the turf.
Performances.
j Linwood made his first race on the Ist day of May,
[1837, over the YVestrrn Course at Columbus, Ga.,
: being then thrve years old, and carrying full 86 lbs.
On that occasion, he won the two mile Jockey Club
purse, at two heats and with great ease, heating Bldtok
Duke, Crononieter, and the celebrated two mile hors--
Blue Black, in 3m. and 50 see. each heat. In conse
quence of the extraordinary promise exh.ibi’cd in this
race i purchased him from Col. John Blevins, and*
immediately afterwards, at his earnest solicitation,
permitted him to be taken to Alabama, in the stable of
Col. Blevins. In travelling to Montgomery he was
very badly foundered,, which doubtless affected his
racing powers ever alter. In the fall of 1837 he was
taken to Greensborough, Ala. by Col. Blevins, and
although in very bad condition won the Jockey Club
purse two mile beats, beating a good field of horses
and making the best race which was made during the
week. He was then taken to RI bile and entered for
the Jockey Club purse two mile heats, was beaten the
first heat and withdrawn. He was then taken to
Montgomery in January 1838. and again beaten two
mile heals. He was returned to me in the spring of
1838 in a wretched condition, and with the tendons of
both legs greatly inflamed and enlarged; he was then
turned out until fail, when be was put in training, but
! his legs became so much swollen that it was necessary
to blister them severely and stop his exercise, in con
sequence of which he did not start at tile races over
the Western Course that fall. He was then taken to
Macon, and with only two weeks exercise and still
complaining ii his legs’, he was started for the Jockey
Club purse, four milo heats, against Ibana and Geroiv,
he won the first heat in the best time ever made over
the track, and was beaten the two last byGeroiv,both
in good time and after a very severe and close contest.
Two weeks after lie was again started the four mile
day at Milledgevillc against Geroiv and Alice Ann.
A few minutes before the start he broke loose from the
groom and ittn about two miles over the track, from
place to place, with & crowd at his heels; he was
caught, and in this worried condition started in tfie
raiii’ in wSiirh h#> uaa b<>aifn bv Gurow. ll* was
again beaten in Augusta in December following, threr
mile heats, by Col. Hampton’s Emily and others. The
condition of his legs was such that he could not be
trained in the spring of 1839. In the fall he was again
put in training, and although greatly complaining, won
the Jockey Club purse, three mile heats, over the
eourse at Columbus,-beating Gen. Scott's West Wind
and others at two heats in 5.56, 6.00. Two weeks
afterwards, he was started the four nule day at Macon,
and run one heat in which he was again beaten by
Gerow. After the heat the tendons ofhis legs became
so much inflamed and enlarged that I was satisfied
they would completely give way in another heat, and
f withdrew him from the race and from the turf.
Linw aod’s first race over the course at Columbus
was, under the circumstances, the b- st two mile race
ever made over that track, and exhibited first rate
speed, whil.-t his twelve nrire race at Macon with
Gerow shewed that lie was a horse of bottom. He
has never started in good condition since his first race,
although he-has made a great many and some very
good races. I have no hesitation in expressing the
opinion, that if he had not been foundered as stated, and
otherwise injured, he would have made one of the
most distinguished race horses ofhis dav.
ALFRED IVERSON.
Columbus Ga., Jan. r 6,1840. 51 ts
GERMAN, INDIAN AND TIIOMSONIAN
OR,
PRIMITIVE, PRACTICAL, BOTANICO
IVISDZCAZ. SCHOOL,
Isicatal seven mile!’ East of A/ <ir:ou, near Hamburg
IN uniting these several Medical Systems or modes
of practice, Dr. B. R.. THOMAS, the Principal
of the School, begs leave to state, for the information
of the afflicted and public generally, that he has been
many years engaged in the practice of Medicine, and
has devoted much of his time, labor and practice, with
many of the most intelligent and successful German
and Indian Doctors, both in the United States and
Canada, to tlte treatment of acute and chronic dis
ea cs of every name, stage and type, and of the most
malignant character ; and nas, by practicing with them,
acquired a thorough knowledge of all their valuable
secret Recipes and manner of treatment, which is far
superior to any thing known or taught in the Medical
Schools, and which lias been successful, by the bles
sings of the Almighty, in restoring to health, hundreds
and thousands of persons that had been treated for a
number of years by many cf the most learned and
s tcntific Physicians cf the day, and pronounced to be
entirely beyond the reach of remedv, and given over
o die. “ Yet by thosimple,efficacious Vegetable Medi
tcines, not poisons, they were snatched from the jaws of
the grim monster, death, and restored to health, the
greatest of all earthly blessings; for what is riches
; and elegant dwellings, without health to enjoy them.
I Health is the poor man’s wealth, and the rich man’s
i bliss. To a man laboring under disease, the world is
j little better than a dreary solitude, a cheerless waste
| enlivened by no variety, a joyless scene cheered hy
‘no social sweets; for the soul’ in a diseased body, like j
j a martyr in his dungeon, may retain its value, but it,
; has lost its usefulness.
Will be added to this institution, as soon as the tic- j
cessarv arrangements can be made, an infirmary—the j
| cold, hot, tepid, shower,sulphur and the German, Rus-1
j sian and l'hoinsonian Medicated Vapor Baths ; and j
j every thing that can possibly be of any advantage in
i restoring the sick to health, ot relieving suffering hu- ■
I inanity, will be jwomptly and constantly attended to;
j and where the student will learn by practical cxperi
| ence, (the best kind of logic.) the true principles of
| the healing art. Price of tuition will be SJOO, payable
• in advance.
j All persons afflicted with lingering and chron
: ic diseases, (ot any name, state, stage or type, for we
! have battled disease in a thousand forms.) who cannot
| conveniently apply in person, will send the symptoms
I of their diseases in writing to Dr. Ib. R. ’Thomas,
1 Hamburg, Ala., where Medicines will be prepared in
the best manner to suit each case. Although they
: may have been of many years standing, and ttcated
i by a dozen different Doctors, is no good reason why
j they cannot be cured by the subscriber. Persons liy
! ing at a distance must expect to pay for their Medi
cincs when they get them, as no Medicines will be
! sent from the office on a credit.
|. jp Letters addressed to the subscriber, will not
! be taken from the office, unless post paid,
j Nov. 20, hSSO. 45tf R R. THOMAS.
VALUABLE PLANTATION FOR SALE,
CONTAINING Two Hundred Two and a Half
Acres oftLaud,mixed with oak and pine. There
are eighty acres cleared- Also, a comfortable dwel
lin’ with all necessary out offices, a good gin house
anS’packm” screw, a peach and apple orchard. The
entire under good fence. It is situated within 4 miles
of Co’umbus. joining the plantation formerly owned
bv Thomas O. Evans, Eso. Persons wishing to pur
chase cannot find a more desirable location than the
„„e offered for.,! b, -b< CODE ,
Dec.e. U.f JOHN OUTS'.
DISSOLUTION.
THE copartnership existingbetw een the undersign
ed is this dav dissolved by mutual consent. The
unsettled business’ will be attenJed to by W . X\ .
I i’"” 1, “ir-v r sr ! ■
llE's If V v MeCPART.
WE HOLD THESE TRUTHS TO BE SELF-EVIDENT, THAT ALL MEN ARE BORN EQUAL.*
COLUMBUS, GEORGIA, SATURDAY MORNING, MAY 2, 1840.
1 SPEECH OF MR. LUMPKIN,
OT GEORGIA.
In Senate, Thursday, March 19,1840—1n Executive
session, on the treaty with the New Y ork Indiana.
Mr. Sevier (chairman of the Committee
on Indian Affairs) having made a report and
speech against the ratification of the treaty,
Air. Lcmpkiw rose and said :
Mr. President :—ln rising lo advocate
this treaty, and desiring, as I do, to reverse
the report of the Committee on Indian Affairs,
I am duly sensible dF the magnitude and re
sponsibility of my undertaking. The admit
ted ability, and great ingenuity, with which
the chairman of the committee (Mr. Sevier)
has sustained his report in opposition to the
treaty, and the indications of approbation
manifested by Senators in every part of this
chamber, to the speech and views submitted
by the chairman, is well calculated to make
me feel the full force of my position. Yes,
sir, my position appears to be that of leading
on a loriorn hope. But, sir, a sense of duty
urges me on to the contest, and nothing (ess
than my taking the lead will satisfy my friend?
in the Senate, who concur with me on this
subject.
Asa member ol the Committee on Indian
Affairs at the last session of Congress, (heavy
as was the task,) I had examined this subject
in nil its parts and bearings, so far, at least,
as I wa3 capable of investigating a subject so
complex and difficult to be comprehended.
At the present session I had not supposed it
necessary to enter upon an entire reinvestiga
tion of the subject, not deeming it necessary
to go further back than to the action of the
Senate on the subject at its last session. The
Senate tt en expressed its sanction of this
treaty, with the single proviso, that the Pre
sident of the United States should first be
aalsfied that the assent of the Seneca tribe of
Indians had been given to the treaty, accord
ing to its true interest and meaning. And if
we now sustain the views of the Senate, as
expressed at it* last session, our duty is nar
rowed down to the single question—has the
assent of the Seneca chiefs to the treaty been
thus obtained or not? This, sir, is the true
issue now before the Senate, and the friends
of the trenty should not suffer themselves to
,be diverted from that issue.
But, sir, the chairman of the committee,
(Mr. Sevier,) having occupied all the ground
connected with this treaty, from the begin
ning, and especially every historical fact and
circumstance connected with the subject,
calculated to invalidate and bring it into dis
repute, it therefore becomes the imperative
duly of those Yvho support the treaty, to travel
over all the ground occupied by the Senator.
The Senator from New York, (Mr. Wright,)
having yesterday replied to that part ot the
chairman’s speech, in reference to matters
antecedent to the treaty of June 11, 1833, I
do not deem it strictly necessary for me to go
further back than the President of the United
States has done in communicating the treaty
to the Senate. It may, however, be proper
to state, very briefly, how it happens that w*
have such a variety of parties in interest, con
nected with this treaty. Well, sir, as stated
by the chairman of the committee, the States
of Massachusetts and New York, in the year
1786, in an adjustmnnt of their conflicting
territorial claims, finally agreed that while
Ncyv York should have the jurisdiction and
government of a certain district of country,
being, in part, the country embraced in the
present treaty, Massachusetts should hare
the right to the soil, subject, however, to the
occupant rights of the Indians then inhabit
ing the same. The pre-emptive right to
these la mis tvere sold by Massachusetts to
Robert Morris, of Philadelphia, on the 11th
of May, 1791, and are now represented by
Ogden and Company of New York. This,
sir, accounts for the agency of Massachusetts
in connection with this treaty, and will cause
me to be understood hereafter, when I speak
of General Dearborn as the agent of Massa
chusetts, superintending the negotiation of
this treaty in connection with Mr. Gillett, who
acted as commissioner of the United States in
making the treaty.
And now, sir. in the language of the Pre
sident of the United States in communicating
this treaty to the Senate, let me express my
decided conviction, that the treaty will be
alike beneficial to all the parties concerned f
to the Indians, u the State in which the land
is situated, and to the more general interest
of the United States in consummating her
policy in relation to Indian Affairs. Novj
sir,-if I can demonstrate that this treaty is
beneficial, and a blessing to all the parties in
interest, shall we still refuse to sanction it ?
If I prove that its rejection will be highly de
trimental to the test interest of the Indians,
to the State of Netv York, and to tne United
Slates, shall we still refuse to ratify it ? Sir,
when I consider the moral degradation of
these Indians, and reflect that they cannot es
cape lrom the destruction attendant on their
continuance in their present abodes, I cannot
estimate the value of immortal beings by dol
lars and cents. I cannot be altogether strict
in mv inquiry in regard to the propriety of
the United States incurring some expenditure,
in an object so essential to the preservation
of a remnani of a once powerlui race.
The President of the United Stales informs
vou in his message, that this treaty presents
the only prospect for the preservation of
these peopb. Kte says ‘sufmtinded as they
are, by ail tlte influences which work their
destruction, by temptations they cannot resist
and a; t flees they cannot counteract, tl.ey
are rapidly declining,’ and ‘that where they
are, they ’must 60on become extinct.’ And,
sir,’this Matement of the President is fully
sustained by both the Senators from New
York, as well as b* General Dearborn and
Mr. Gillctt, and every other gentleman with
whom I have conversed, who is acquainted
with the present and true condition of these
i people. And yet, sir, we find persons pro
fessing all that is benevolent, pious, and
good,"who are unwilling to let these people
ro. This treaty is truly recommended by
The liberality of its provisions to the Indians.
Ii rrives them 1,824,000 acres of land m the
Indian Territory West, and the sum of
ioo 000 lor their removal and’ subsistence,
for education and agricultural purposes, the
erection of mills and other necessary bmld
,n<rs, and the promotion of the mechanic
arts; besides some other minor, but advan
tageous provisions 1” rom tlte enumeration
of the specific objects u% which this money is
to be applied, it is proper for me to remark
here, that I take it lor granted, that while
thse provisions of the treaty are munificent
and bountiful to the Indians, that the expen
diture must be gradual, and thcrelore cannot
burden the Treasury.
his believed, that ten thousand dollars will
not be required from the Treasury in twelve
months, to carryout the provisions of the
treatv. A’ small sum only will be required
at first, and will probably” increase as the mi
gration progresses.
In .exchange, the Government obtains
435,000 acr.e*of the best lands near Green
Rav Ivin” oil river, an I near the best
port in’ vTiscoasin. This land is said to be
in demand, and disconnects the white settle
ments which are already made it.i 11. at coun
try The public interest would !\e greatly
! promoted by the rally srttfemeut of this
l.rvooo acres of land, vrhii a white popuw-
tion, and if it couki be brought into market,
no doubt is entertained of it* being readily
sold and speedijy settled by an industrious
and enterprising population. At the Go
vernment price, (and it i believed that most
of it would sell tor more,) it would no! only
reimburse the Treasury for the necessary
appropriation to carry out the treaty, but it
would exceed it by one hundred and fifty
thousand dollars. Indeed, it is believed that
the demand upon the Treasury to carry out
this treaty, might be supplied from these
lands. It lias been suggested by those op
posed to the treaty that this land might be
declared forfeited to the Government; but
the supplement to the Menomonee treaty of
1831, gives no definite time for its occupa
tion, and ihe President has prescribed none.
Moreover, the New York Indians paid a
large consideration for these lands, by their
treaties with the Menomonees in 1821 and
’22, which treaties were approved of by the
President of the United States. But Iheif
purchase from the Menomonees amounting
to about 1,500,000 acres, in regard to its jus
tice and policy, being, called into question,
in the year 1831, treaties were made for the
purpose of reconciling all the conflicting
claims, by which the United States acquired
the territory in dispute, giving the New Y*rk
Indians, however, |500,000 acres of the dis
puted land, and the Menomonees S2O 000 for
their acquiescence—all of which in ay be seen
by reference to the treaty with the Menomo 1 -
nees of 1831 Under these circumstances,
the title of the New York Indians cannot be
disturbed till another home is provided for
them. And, sir, the tract of country set
apart for the New York Indians, by this
treaty, is not so serious a consideration to the
Federal Government as gentlemen seem lo
contend. A territory west of the Mississippi
has been procured and sacredly set apart by
this Government, amply sufficient for the lo
cation of all the remnant tribes of Indians
which may be found remaining in all the
States nd Territories of this Union. It is
the settled policy wish of this Govern
ment thus to locate these Indians. And, sir,
if these poor, perishing people were entirely
destitute of all the necessary tneans lo contri
bute to their own comfort and settlement in
the slightest degree, the duty would become,
in that* case, the more imperative upon this
Government to provide for them.
This Government has assumed the paren
tal, guardian care of the aboriginal race, and
its duty and honor require that it should at
all times stand ready and prepared to render
a satisfactory account of its stewardship to.a
civilized and Christian world. The wise and
enlightened policy of collecting, removing,
and settling these remhafrt tribes in perma
nent homes in the West, and thereby relieve
the Slates altogether of this perplexing incum
brance, and, at the same time, make a last,
an honest effort, to save from extinction a
remnant of the native race, has always had
roy warmest support and approbation. I
h-ave no claims to the honor of originating
this plan. No, sir, thia was before I was on
my present field of public labor. The plan
was first brought to my special notice by ob
serving its recommendation by Mr, Jefferson
and has since been recommended and sus
tained, more or less, by all his successors.
Mr. Monroe most earnestly recommended to
Congress efficient action to carry out this
plan of emigrating the Indians irom the States,
and settling them permanently in the West.
The then Secretary of War, Mr. Calhoun,
sustained the views of the President in a very
able report on the subject. Not being a
member of Congress at that time, (1825,1
believe,) I was surprised that no member of
Congress made a direct effort at legislation on
the subject.
And in 1829, when a member of the other
branch of Congress, I did not fail to bring the
subject, in a formal way, to the consideration
of Congress. And, sir, it Will continue to be
a source of gratification to me, that l was the
first member of either branch of the American
Congress, to urge this beneficent plan of
salvation to the Indians, and relief to the
States, upon the consideration of Congres*.
Mr. President, you well remember the Violent
opposition my first effort met with from vari
ous quartersbut that effort has persevering
ly been followed up, and in its progress con
stantly gained friends and support. The his
tory of its progress and succesi is known to
the Senate and the country. And, sir, I con
sider it now, as I have done from the begin
ning, one of the mo;4 important measures
connected with the history and character of
our beloved country. Shall we then dally
and falter, in the consummation of a policy
which now, from experience, has forced itself
upon the approbation of the tviße and the
good, not only of our country, but upon all
who appreciate the blessings of civilization in
every land.
Sir, we are Senators, representing the
sovereign States of this Union. Not only
our own States in a special manner, but all
the Slates. And the people cf New York
very properly feel a deep interest in thia mat
ter. And the Federal Government, by its
own policy and action, has become so con
nected with this subject, that we cannot hon
orably, if so disposed, abandon the connection
which the Government has by its acts as
sumed in relation to this matter. The views
of the Government in relation to these Indian*
hava teen too fully developed'in various offi
cial acts, and als in the legislation of Con
gress, for us, at this late day, to stand justi
fied in assuming the ground that this affair
all belongs to New York, and that this Go
vernment lias no concern in the issue now
before us.
Shortly after the close of the Revolutionary
war, the Six Nations of Indians, of New
York, became convinced that the increase of
the white settlements around them would
make it necessary for them to seek anew
home in the West: and, in council held by
ttiese people as early as 1810, they resolved,
and did ser.d a memorial to the President of
the United States, inquiring whether the
Government would consent tcv their leaving
their habitations-, and their removing into the
neighbarhood of their Western brethren ; and
if they could procure a home there, by gift or
purchase, whether the Government would
acknowledge their title to the lands so’ ob
tained ; in the same manner it had acknowl
edged it in those from whom they might re
ceive it; and further-,! whether the existing
treaties would, in such a- case, remain in full
force, and their annuities be paid as hereto
fore. The President answered by saying
their request should be granted ; and under
this approbation, the treaty of 1831, betiyeen
the New York and Menomonee Indians, to
which I have heretofore adverted, was made
and concluded. Under all these circnmstan
cee, is it not matter of surprise that any per
son who pretends to be acquainted with the
history of these transactions, should now rise
up and say the Federal Government has no
thing to do with this raaifer ; that it all be
longs to New York and Massachusetts T
Sir, it has clearly and obviously become
our legitimate duty to act in this matter, and,
for one, I shall neither waive my right, or
shrink from my responsibility. Does not the
interest of New York require that we slioil 1
j aet in 1 his matter: The answer is found in
the following language from the President
of the United States, in his message on this
subject:
The removal of the New York Indians is
not only important to the trihes themselves,
but lo an interesting portion of western New
York, and especially to the growing city of
Buffalo, which is surrounded by lands occu
pied by the Senecas; and to this portion oi
our country the extraordinary spectacle is
presented, of densely populated and highly
improved settlements, inhabited by industri
ous, moral, and respectable citizens, divided
by a wilderness, on one side of which is a ci
ty of more than 20,000 souls, whose advanla
geous position in every other respect, and
great commercial prospects, would ensure its
rapid increase in population and wealth, if not
retarded by the circumstances of a naturally
fertile district remaining a barren vvaste in its
immediate vicinity.”
And, sir, what does the President say in re
gard tq those persons who are entitled to the
reversionary right of these lands. His lan
guage is: ‘Neither does it appear just to
those who are entitled to the fee simple of the
land, and who have paid a part of the pur
phase money, that they should suffer from the
waste which is constantly committed upon
their reversionary rights, and the great dete
rioration of the land consequent upon such
depredations, without any aorresponding ad
vantage to the Indian occupants.’ In, and
out of the Senate,l have found persons strong
ly opposed to this trebly, because they seem
to think it confers special favors on the indi
viduals known as the pre-emptiorerg. These
individuals seem to be viewed in the light of
speculators, who are endeavoring to defraud
the Indians out of their lands. Now, sir,
nothing, so far as I can discover, can be more
unjust to these injured individuals. The quo
tation tvhich I have given from the President’s
message, the reports of General Dearborn
and Mr. Gillet, United States Commissioner,
together with all the mass of documentary
evidence which we have printed on this sub
ject; yes, sir, all go to establish the merit,
good character, liberal conduct, aqd fair
dealing of these pre-emptioners, and especial
ly their agents. Messrs. Ogden, Fellows and
Wadsworth. Gen. Dearborn says the gen
tlemen just named ‘ have afforded me every
facility for an agreeable and thorough dis
charge of my duties.’ That these pre-emp
tive owners of the lands should be des'rous to
hasten the time of going into the possession
of their just rights, is altogether natural, right,
and proper. They neither claim or desire
any advantage which has not been fairly de
rived from the State of Massachusetts, and
their good conduct ond fair dealing has obvi
ously secured to them the respectful conside
ration of many of out most distinguished pub
lic men and citizens, as may be seen by a
careful examination of the documents which
accompany thia treaty. It is irue that I con
sider the interest of these individuals but a
minor consideration in the objects of the
treaty, yet it is an interest entitled to some
consideration*
To remove, however, unjust and improper
prejudices, growing out of a want of cor
rect information, against these pre-emptive
claimants, and consequently against this trea
ty, I will, contrary to what I had intended to
■ay, on this branch of the subject, enter more
fully upon an explanation of the nature and
merits of tlie history of these pre-emptive
claims. It will be found, sir, by examining
the records and history of the proceedings of
the Federal Government, that the conven
tion held in 1786, between New York and
Massachusetts, which resulted, as heretofore
stated, in a cession to the last named State of
the territory since called the Genesee country:
the right and sovereignty of jurisdiction be
ing reserved to New York, was held under
the sanction of Congress; and, by the eed
of cession, Massachusetts is authorized to
hold treaties with the native Indians, for the
extinguishment of their title, and for this
purpose to employ such armed force as should
be necessary ; also, to grant the right of pre
emption to others, witfi the like powers, but
under a provision that purchases from’ the
Indiana, By the grantees of Massachusetts,-
should be made in the presence of a stiperin
tendent, and subject to the approval oi that
State. And the lands embraced in the trea
ty now under consideration were Conveyed
by Massachusetts to Robert Morris, and by
him to what was called the Holland Land
Company. Under these cessions and con
veyances, Morris extinguished the Indian
claim lo the greater part of the territory
which he had purchased. In 1810, the Hol
land Land Company sold and couveyed all
the lands now occupivd by the Seneca and
Tuscarora tribes, to David A. Ogden* who
afterwards sold them to the pre-emptive own
ers. In 1826, these owners extinguished the
Seneca claim to part of those lands, and to
the residue they *till hold a legal estate, in
fee simple, subject only to the possessory right
of the native hidians.
For many years past, these claimants, or
rather rightful owners of these lands, have
been looking to this Government to carry out
its policy, in the removal of at! the remnant
tribes still remaining in the States, to the
permanent home provided for them in the
West. And when, in the year 1937, a com
missioner was appointed by the United State*
to hold a treaty with the New York Indians,
these pre-emptive claimants procured the
attendance, and a: their own expense, of an
a ‘ent on the part of Massachusetts, to su
perintend any sale growing out of a treaty
which the Indians might be inclined to make.
And this commissioner on the part of Massa
chusetts was Genoral Dearborn, whose re
port has been, and will be again, adverted to, 1
in support of the ratification of this treaty.
Mr. President, if I have succeeded in de
monstrating the advantages of this treaty, to
all the parties in interest, and that I have I
think few wilfdbny, why should I, then, long
er dwell on this branch of the subject ? For,
sir, it is obvious to every one, that if the ex
ecution of this treaty be beneficial to all the
parties concerned, its rejection will conse
quently be prejudicial to the interest es ail.
Let me, then, turn to another consideration
connected with this treaty, by asking the
question: Do these Indians wish to remove. 1 ’
This question is answered in the most satis
factory manner, by an attentive examination
and consideration of the actings and doings
of these Indians for the last thirty years.
Their various efforts, with but little aid and
encouragement from any governmental in
fluence, either State or Federal, sustain the
belief Chat they are unhappy, and very and e
satisfied with their present abode, and are
truly anxious to emigrate to-the West. The
inclination of the Indians in all the States,
for many years past, when left free to the
exercise of their own volition, has been a
constant, earnest looking to the West for
new homes, where they might be relieved
from that thraldom of State legislation which
deprived them of that unrestricted liberty, so
congenial to the nature of the child of the
forest. Yes, Mr. President, they have long
desired a country where the white man might
cease from troubling, and where the poor
weary Indian might be at rest.
Mr. G Ibcrt and Gemr 1 Dearborn both
deiiare tlicnwelvTs to hr perfectly satisfied,
that were tt not for the unremitied and div
ingenuous exertions of a certain number ol
white men, who are actuated by their pri
vate interests, to induce the cfiiels not to as
sent to the treaty, it would immediately havt
been approved by an immense majority —ai-
opinion which we find repeatedly rei.erated
by these gentlemen. The President of the
United States expresses the opinion, that the
same influence which was exerted in opposi
tion to the treaty, if exerted with equal zeal
on the other side, would show a large major
ity of these Indians in favor of emigration.
But, sir, we will endeavi r to arrive at a cor-,
reel conclusion in regard to the wishes of the
Senecas upon the subject of removal, by ex
amining and scrutinizing ths conduct and
action of their chiefs, in connection with the
subject of the ratification of this treaty. Well,
sir, the commissioner for hoi .ing this treaty
was appointed in the year 1837, and, attend
ed by the superintendent on the part of Mas
sachusetts, met the Indians in council.
And from the first commencement of the
negotiation, we discover the interference of
white men, assuming the character of friends
to these Indians, strenuously opposing this
negotiation, and greatly retarding its con
clusion. Indeed, it appears that every art
Yvas employed to defeat the objects of the
Government in effecting a treaty. The
country beyond the Mississippi was declared
to be unproductive, and the climate unhealthy.
I he prospects held out by the Government
to the Inqians, was declared to be delusive
and deceptive; and in case of removal, they
were to|d they might look forward to want,
privations, and suffering.
These officious advisers were composed of
while men, pretending to have influence with
the Indians, and seeking (q force themselves
into the service of the pre-emptive owners at
extravagant rates of compensation, but most
of them deriving immediate advantage from
a trafic carried on with these Seneca Indians,
some in the sale of rum, tobacco, and blank
ets ; others from the occupation ol their lands
at low rents; from the employment of saw
mills po their lands, or from extensive con
tracts from the purchase of timber to be raf;-
ed and sent to a market.
In addition to these, there were others who,
possibly, tvere actuated by bbtter Motives—
persons Yvho had, for many years, been pro
fessedly engaged in endeavois to improve the
condition of the Indians by religious and oth
er instruction, and who, unwilling and reluc
tant to believe to the inefficiency of their la
bors, tvere loath to abandon the enterprise in
which they had teen so long engaged with
out any adequate success. Consequently
this combined opposition to the treaty addres
*ed every argument they could to the pas
sions and cupidity of this ignorant people, to
incline them still to be content in the continu
ance and indulgence of their adcustomed
habits; and such efforts, under such circum
stances, could not fail to produce great ef
fect. Even the more sober and sensible class
of the Indians who had long desired a change
of residence, With- a view of relieving them
selves of the evils inseparable from their pre
sent position, were many of them', no doubt,
brought to hesitate: while those opposed to
emigration became more determined in their
opposition, and more strenuous to defeat Re
treaty, regardless of the liberality of its pro
visions. HoweVdr, aftet a tedious and pro
tracted negotiation, Characterized by extra
ordinary violence and opposition on the part
of the opposing chiefs and their auxiliaries,
finally a treaty was concluded on and signed
by the Commissioner of the United States,
ftfcr. Gillett, and all the tribes of the New
York Indians. In June, 1938, the ratifica
tion of this treaty, although strenuously op-,
posed by the dissatisfied part of the Senecas
aided by a powerful Combination of white
men, was advised and assented to by the
Senate, with certain amendments, designed,
as is understood’ by me, ti)’ render its provis
ions more comfortable to the policy and le
gislation of the United States; and this
treaty, as proposed to be amended by the
Senate, vvas sent back to all the tribes who
negotiated the satbe, for their assent, which
assent was duly and satisfactorily obtained,
as tvill fully appear by the message of the
President of the United States, to the Senate,
of the 21st of January, 1839. The Presi
dent says, ‘I transmit a treaty negotiated
with the New York Indians, which was sub
mitted to your body in June last, and amend
ed.’ He adds: ‘ The amendments have, in
pursuance of the requirement of the Senate,
been submitted to each of the tribes assem
bled in council, for their free and voluntary
assent or dissent thereto. In respect to all
the tribes, except the Senecas, the result of
this application bns been entirely satisfactory.
It will be seen by the accompanying papers,
that of this tribe, the most important of those
concerned, the assent of only forty two out
of eighty-one chiefs has been obtained. 1
deem it advisable, under circumstances,
to submit the treaty, in its modified form, to
the Senate, for its advice in regard to the
sufficiency of the assent of the Senecas to the
amendments proposed.’
Mr. President, do you not perceive, is it
not clear and obvious, that the only question
presented to the Senate, in the message of
the President, upon submitting this amended
treaty, was to ascertain the opinion of the
Senate, arid obtain its advice ujKin the single
point of the sufficiency of the assent of tbe
Senecas to the amended treaty?
Sir, the President raises no question in this
message as to whether a majority of the
chiefs had signed this treaty or not. He
could not do this, when communicating to
intelligent men, who understand simple num
bers ; for he tells you that forty-two chiefs,
out of the whole number of eighty-one, had
assented to the treaty, and thereiore no one
could doubt the assent of a majority of the
Seneca chiefs to this treaty. That majority
being small, the object of the President was
the advice #f the Senate whether that major
ity should be considered sufficient. The
Senate accordingly took into consideration the
message of the President, and'on the 2d of
March, 1839, agreed to the following resolu
tion : ‘ Resolved , That whenever the Presi
dent of the United States shall be satisfied that
the assent of the Seneca tribe of Indians has
been given to the amended treaty of June
11th, 1838, with the New York Indians, ac
cording to the true intent and meaning of the
resolution of the Scutate of June 11th, 1839, the
Senate recommend that the President make
proclamation of said'treaty, and carry the same
into effect. 1 Now, sir, I have always thought,
and still think, this resolution of The Senate,
(no doubt well meant,) was inexpedient and
injudicious, and that it unnecessarily laid the
foundation for all the difficulties which we find
ourselves this day involved in. If the Senate,
at its last session, had taken upon itself the
reasonable responsib lily of responding yea
or nay to the proper and respectful request
of the President iq regard to the sufficiency of
ihe assent of the Seneca Indians, we should
not now have lound ourselves embarrassed
wdh thtS'? difficulties of our own creation.
And, sir, I commend the Pesilent for not
permitting t ie Senate to excel him ii\ diffi
dence, in modesty asd courtesy, in deciding
alone a question, the dec : sion of which jointly
d*. v >lvcs on the Senate as well as hitjj-cir. I
j admit, sir, ttiat we have no additional evi
j dence that we had nor, at the last session, to
I authorize the Senate to say now, what it de
; clm-d saying at the last session, to wit: that
I die as se>‘t of the Seneca Indians is sufficient
ly evinced in favor of this treaty, Bui 1 be
lieved then, and am the more confiimed in
that opinon now, that a majority of the chief*
of the Seneca tribe have freely and voluntarily
tjiven their assent and signatures to this trea
ty. And whether they did so, in genera!
council, at a town house, or whether it was
done, in part, as is alleged, at other times
and paces, alter the general council had
been held, aud the treaty fully and fairly
explained, in the lace of day, and to th®
whole people, as is fully and satisfactorily
proven to us by the evidence now before us, I
do not consider a matter of great importance.
I can readily believe that those who signed*
after the adjournment of the council, are a
justly entitled to our respect and considera
tion as meritorious chiefs and faithful repre
sentatives of the Indian people, as those who
signed more hastily, and while the council
was still in session. Indeed, sir, persons who
are deliberate and slow in making up their
opinions upon important matters, ar*general
ly more to be relied oh than those who aci
more hastily.
Mr. President, I deem it important, for th*
satisfaction of such perscsia a3 are governed
in the formation of their opinions in regard to
ihe validity of this treaty, by the official dig
nity of the respective signers, to state a lew
facts, which i derive Tram an official commu
nication of General Dearborn o Governor
Everett. Well, sir, I find the Seneca tribe
has eight great sachems, who are also chiefs.
This title of sachem is the highest in rank of
any known to the tribe; and the office is he
reditary. General Dearborn gives the names
oi the eight sachems of the tribe, at the time
of the signing of the treaty, and adds: *six
out cf the eight of these sachems signed th®
treaty,’ and that half of them are Christian*,
and the other pagans. That an actual ma
jority of the Seneca Chiefs have assented to
the amended treaty, seems rtb longer to ad
mit ol a doubt. Ihe official and personal
standing of Mr. Gillett and- General Dear
born, who have certified tip- this fact,
this question. I consider this question as
heretofore settled by the action of tha Sen
ate.
Tn respect to the mode of the assent, I con
sider it .altogether immaterial. The fact of
assent I consider a matter of evidence; and,
in the present case, that evidence is, to mv
mind, entirely satisfactory. That the chief*
who have subscribed to this treaty did so
voluntarily and understandingly, is attested
by General Dearborn and Mr. Gillett, whose
testimony is unimpcached, and, I believe, un
impeachable,
? doubt, oir, Whether the whole history of
our country affords a solitary instance of art
Indian treaty, which will bear the test of com
parison with this much abused treaty, for
fairness, liberality, honest execution, and re
quirements approaching to similar transac
tions, when conducted between equal and
civilized nations. But, sir, I would emphati
cally ask, what is the history of Indian trea
ties, from the first discovery of this continent,
up to the present day ? When and where
have we required that more than a majority
of the Indian chiefs should sign a treaty in
open council, to give it validity? V\ hen hav*
we acquired higher evidence than that of
General Dearborn and Mr. Gillett, in respect
iothe number, character, and authenticity of
Indian chiefship to a treaty?
Thq, history and origin of Indian treaty
making on this continent, down to the present
time, T consider one of the unpleasant, if not
painful recollections to the high minded Amer
ican citizen. In the early setllemeni of th®
country, our ancestors effected by artifice in
the form of Indian treaties, what they were
unable to effect by force. This treaty mak*
ing system, originating in physical weakness,
pretended and appeared to do nothing in ac
quiring the Indian lands,except by obtaining
the voluntary assent of the Indians. Yes,
sir, even under the government of that good
man, William Penn, we find the same statute
which made it a crime for any citizen to fur*
nish an Indian with intoxicating drink of any
kind, nevertheless allowed the commissioners
of the Government to administer a prudent
portion of intoxicating drink to Indians with
whom they wished to form a treaty. But,
sir, l forbear to enter further upon the history
of Indian treaties. I oannot allow myself to
dwell upon a subject so little calculated to
elevate the character ot my country.
But this much I will say : if any gentleman
will take the time and labor which l hav®
done to investigate this subjeat, he will ris®
from the task, fully satisfied that the treaty
now under consideration is one amongst the
most fair and honorable transactions of th®
kind which is to be found on our recorded
history an a people. IP assert, air,'that many
Indian treaties have been obtained, ratified,
and carried into effect, that were never sign
ed by a majoiity of the chiefs of the nation
in open c uncil. Indeed, sir, with all my
dislike to Indian treaties, while I am satisfied
that most of them have carried on their face,
forms which the facts of the case did not jus
tify, yet I am not disposed, at this stage of
our progress in treating with Indians, to in
sist upon requirements which are new and
extraordinary, for the express purpose of de
feating the objects of this particular treaty,
admitted to be exceedingly advantageous to
all the parties in interest/and especially so
to the Indian people themselves, whose good
we wish to promote by this measure. Sir, I
have never had any agency in negotiating au
Indian treaty. I have moreyhan once had
ihe offer of such commissions, but have uni
formly declined the service. The official sta
tions which I have Imm time to time occupi
ed have frequently made it my duty to hav
much to do with the execution of these trea
ties. This connection with Indian treaties
has-caused me to reflect upon and investigate
the subject in all its bearings j and the result
produced upon my mind is a settled convic
tion that the several State Governments, na
well as the federal Government, have great
ly erred in continuing the treaty making pol
icy introduced by our colonial ancestors, from
necessity, after the Indian tribes in our res
pective limits and jurisdictions have become
a conquered and subdued people, wholly de
pendent upon the will and power of thosa
who have supplanted them. We have not,
sir, even the poor plea of the tyrant —necessity
—for still adhering to l the farcical forms-of
diplomacy originating in causes and under
circumstances which* ne longer exist. We
should longsince have supplied the place of
Indian treaties by wise, liberal, and judicious
legislation,
Whenever the Indians, in point of fact,
become subject to the control, legislation, and
jurisdiction of the Federal, cany of the State
Governments, it becomes the duty of such
Government to exercise its rights dir- ctlv.
We should legislate for these unlbrtuna* rem?
Rants in the same spirit of kindn-s* and
liberality that we would for the helpless anil
destitute minor or orphan, whose only fr end
was'the Government of the help'**'- - : an-,
destitute*
fNO. it.