That was a question not now under consideration. charter of the present bank will not expire until March, 1836, and until then it seems to be generally admitted no new bank can be put in operation, even if there was a disposition to do so.

We must, therefore, have some place to keep the public moneys in the mean time, even if a new bank should be hereafter created; and, as he could perceive no better system, for the present, than that proposed in the bill now under consideration, he trusted the House would adopt it.

[JUNE 24, 1834.

The States Bank. He had given this vote from a conscientious conviction that the bank, in its late refusal to submit its books and proceedings to the free examination of a committee of Congress, had been guilty of a clear violation of its charter. He now voted for the engrossment and passage of this bill, not from a positive approbation of its principles or details; he decidedly preferred the amendment proposed by his honorable colleague, [Mr. GORDON,] which contemplated an entire divorce of the Government from all banking institutions. The success of the previous question had superseded and defeated that amendment, and he consequently considered the question then before the House as one between this law and no law at all. Viewing it in this light, he did not feel himself at liberty to hesitate. He should vote for the bill.

Mr. BURD opposed the bill; when the question was put on its final passage, and decided by yeas and nays, as follows:

Mr. CHILTON said that he had risen to submit a motion, to which, under other circumstances, he should be opposed. We had now five remaining days of the session. Very much important and indispensable business remained unacted on; and unless this subject should be immediately disposed of, must necessarily remain unacted on, for the residue of the session, to the great detriment of the country. Sir, said Mr. C., I am opposed to the bill under consideration; firmly and immovably opposed YEAS-Messrs. John Adams, William Allen, Anthony, to it. Yet that it will pass this House is perfectly evident Beale, Bean, Beardsley, Beaumont, Blair, Bockee, Bodle, to every member on this floor. Why, then, should we Boon, Bouldin, Brown, Bunch, Burns, Bynum, Cambredisregard our other high duties to the country, and con- leng, Carmichael, Carr, Casey, Chaney, Chinn, Samuel sume the little remnant of our time in fruitless opposition Clark, Clay, Coffee, Connor, Cramer, Day, Dickerson, to the will of the majority in this House, when we know Dickinson, Dunlap, Forester, Fowler, William K. Fuller, that our position is powerless? The majority here can Galbraith, Gholson, Gilmer, Joseph Hall, Halsey, Hannepass the bill; they will pass it, and theirs will be the re- gan, Joseph M. Harper, Harrison, Hathaway, Hawkins, sponsibility of its passage. My reliance, sir, is elsewhere. Hawes, Henderson, Howell, Hubbard, Abel Huntington, I confidently trust and believe that there is elsewhere a Inge, Jarvis, R. M. Johnson, Noadiah Johnson, Cave reliance, and a safe one, too, in regard to this subject, on Johnson, Seaborn Jones, Benjamin Jones, Kavanagh, Kinwhich the country may anchor its best interests. But, sir, nard, Lane, Lansing, Laporte, Luke Lea, Thomas Lee, as nothing can be gained by continuing this debate, and as Leavitt, Lyon, Lytle, Abijah Mann, Joel K. Mann, John much would be lost, in discharge of a solemn duty, which Y. Mason, Moses Mason, McIntire, McKay, McKim, McI owe to my constituents and my country, I demand the Kinley, McLene, McVean, Miller, Robert Mitchell, Muhprevious question. lenberg, Murphy, Osgood, Page, Parks, Parker, Patton, Patterson, D. J. Pearce, Franklin Pierce, Pierson, Plummer, Polk, Schenck, Schley, Shepperd, Shinn, Smith, Speight, Stande fer, Stoddert, Sutherland, William Taylor, Francis Thomas, Thomson, Turrill, Vanderpoel, Van Houten, Wagener, Ward, Wardwell, Webster, Whallon, C. P. White-112.

The CHAIR having inquired whether the motion was seconded, it was decided in the affirmative.

Mr. BROWN moved a call of the House.

The motion prevailing, the House was called accordingly, when it appeared that seventy-one members were absent. The doors were then closed; absentees called, and excuses received; when, after one or two unsuccessful motions to that effect, the call was suspended.

The previous question being put, Mr. H. EVERETT demanded the yeas and nays; which were ordered, and stood as follows: Yeas 113, nays 77.

On the question of engrossment they were also taken, and stood: Yeas 111, nays 86.

So the bill was ordered to be engrossed and read a

third time.

NAYS--Messrs. John Quincy Adams, Heman Allen, John J. Allen, Archer, Ashley, Barber, Barnitz, Barringer, Baylies, Beaty, Binney, Bull, Burd, Cage, Campbell, Chambers, Chilton, William Clark, Clayton, Corwin, Coulter, Darlington, Davenport, Deberry, Denny, Dickson, Duncan, Ellsworth, Evans, E. Everett, H. Everett, Ewing, Felder, Fillmore, Foster, Philo C. Fuller, Fulton, Gamble, Garland, Gorham, Graham, Grennell, Griffin, Hiland Hall, Hardin, James Harper, Hazeltine, Heath, Hiester, Jabez W. Huntington, Jackson, William Cost Johnson, Lay, Lewis, Lincoln, Love, Martindale, Marshall, McComas, McKennan, Mercer, Milligan, Moore, PinckA difficulty afterwards arose as to the question of pre-ney, Potts, Ramsay, Reed, Rencher, Selden, W. B. cedence between this bill and that for the relief of the Shepard, Wm. Slade, Charles Slade, Sloane, Spangler, French sailors at Toulon, which had also, and previously, Steele, Stewart, Philemon Thomas, Tompkins, Turner, been ordered to be read a third time to-day. But after a Tweedy, Vinton, Watmough, E. D. White, F. Whittledesultory and somewhat tumultuous contest, the deposite sey, Elisha Whittlesey, Wilde, Williams, Wilson, Wise, bill having in the mean time been engrossed, was read a Young-90.

The CHAIR asked when? and the general response was "now." No objection being heard, it was taken to be so ordered.

third time.

So the bill was passed and sent to the Senate for con

currence.

GENERAL LAFAYETTE.

Mr. GHOLSON asked the indulgence of the House while he made an explanation, personal to himself, as to the course which he had, and which he proposed to pursue in relation this bill. It was known that in the early Mr. ADAMS obtained leave to make a report, from the part of the session, he had advocated a restoration of the select joint committee, on the subject of the death of Ladeposites to the United States Bank. He had done so, fayette, and reported the following resolutions: because he believed the conduct of the Executive, in Resolved, &c., That the two Houses have received, their removal, to be unjust towards the bank, and an en-with the profoundest sensibility, intelligence of the death croachment on the rights of the legislative department of of General Lafayette, the friend of the United States, the the Government. It was also known that, a few days since, he had voted to lay upon the table the resolution from the Senate ordering the public revenues collected after the first of July, to be deposited in the United

friend of Washington, and the friend of liberty.

Sec. 2. And be it further resolved, That the sacrifices and efforts of this illustrious person, in the cause of our country, during her struggle for independence, and the

affectionate interest which he has at all times manifested for the success of her political institutions, claim from the Government and people of the United States an expression of condolence for his loss, veneration for his virtues, and gratitude for his services.

[H. or R.

Mr. WATMOUGH said he would renew it, as it was too important a subject not to be decided upon at once. Mr. THOMAS, however, having claimed the floor,' The SPEAKER decided he was entitled to it; after which,

Sec. 3. And be it further resolved, That the President Mr. THOMAS asked the indulgence of the House for of the United States be requested to address, together a few moments, to state the reasons which had influenced with a copy of the above resolutions, a letter to George the committee to order that this resolution should be reWashington Lafayette, and the other members of his ported. It would be recollected that the report of the family, assuring them of the condolence of this whole na- bank committee had been made nearly a month since, and tion in their irreparable bereavement.

Sec. 4. And be it further resolved, That the members of the two Houses of Congress will wear a badge of mourning for thirty days, and that it be recommended to the people of the United States to wear a similar badge for the same period.

Sec. 5. And be it further resolved, That the halls of the Houses be dressed in mourning for the residue of the

session.

Sec. 6. And be it further resolved, That JOHN QUINCY ADAMS be requested to deliver an oration on the life and character of General Lafayette, before the two Houses of Congress, at the next session.

The resolutions were read twice, and ordered to be engrossed for a third reading, by a unanimous vote.

The engrossed bill authorizing the President to make an arrangement with the French Government respecting the French seamen killed and wounded by firing a salute at Toulon, was read.

After some remarks from Messrs. MCKINLEY, ARCHER, J. Q. ADAMS, and FELDER, the bill was passed: Yeas 133, nays 14.

On motion of Mr. POLK, the vote postponing the reconsideration of the fortification bill was carried, when he withdrew his motion to lay it upon the table; and the bill now remains upon the Speaker's table. The House then adjourned.

WEDNESDAY, JUNE 25.

BANK OF THE UNITED STATES. Mr. THOMAS, of Maryland, from the select committee appointed to investigate and examine into the affairs of the Bank of the United States, reported the following resolution:

Resolved, That Friday next be, and it is hereby, set apart for the consideration of the report of the committee appointed to examine into the proceedings of the Bank of the United States, and that this House will continue its consideration for each succeeding day thereafter, until finally disposed of.

had not been called up for consideration. The committee had omitted to call for its consideration because, on informal consultation with many of the members of the House, of both sides of the question, they concluded it to be the wish of a large majority of the members that the bank report should not be taken up until the appropriation bills had first been disposed of. We have now reason to believe that all bills, the passage of which are indispensable to the healthful action of the Government, will have been disposed of by Friday. Seeing that it is probable we may have time to act on this report, the com. mittee are unwilling to call it up suddenly, and therefore wish the House to fix a stated period for entering on the grave and important questions involved in these reports. Mr. T. said he was fully sensible it is now too late to act on the fifth resolution accompanying the majority report; for that reason it was his purpose to submit, in lieu of that resolution, one, by which the Sergeant-at-arms should be required to notify the persons who have defied the authority of this House to appear at its bar on a day to be named, early in the next session, to await its further order.

Mr. WATMOUGH had no objection to have the subject discussed now, if such was the pleasure of the House. He had renewed the motion for the consideration of the resolution, in order to save the time of the House from being wasted in unprofitable discussion.

After a desultory conversation, in which Mr. HARDIN, Mr. J. Q. ADAMS, Mr. LYTLE, Mr. WARDWELL, Mr. MERCER, and Mr. BURGES, participated,

Mr. GORDON called for the yeas and nays, which were ordered, and

The House decided to consider the resolution: Yeas

95, nays 65; thereupon,

Mr. WILDE rose and said it was not his purpose to prolong the discussion at this moment, but, presuming if it was the pleasure of the majority to take up the subject at this late period, that they would act in such a way as would procure for the subject a fair and deliberate expression of the opinion of the House upon it; he desired with that view to offer the following, as an amendment to the resolution reported by the select com

tee, appointed to examine into the condition of the Bank of the United States, be committed to the Committee of the Whole House on the state of the Union; and that the House will, on and after Friday next, resolve itself into the Committee of the Whole on the state of the Union, and proceed to consider the said resolutions, from day to day, till they are disposed of."

Mr. WHITTLESEY, of Ohio, said, when the resolu-mittee: tion was first read, which the gentleman from Maryland "That the resolution reported by the select commithad reported, as chairman of the select committee appointed to investigate the proceedings of the Bank of the United States, he had doubts whether the powers of the committee had not ceased; but, on reflection, he was satisfied his first impression was erroneous. It must be apparent, he said, that, if the resolution were adopted, the bills from the Senate could not be acted upon. Many of those bills were of importance to the public, and others to individuals; and, under the full conviction that none of them could be acted on if the resolution should pass, he moved its consideration.

Mr. ELLSWORTH said it would have given him pleasure to have had the proposition taken up, and discussed in such a way as the important matters involved in it required, if it had been made at an earlier period of the session. But, unless the House would in the first place agree to extend the session, what hope could there be that it could now be discussed? He, in this case, would be willing, he was desirous, they should go into it with the bona fide intention of discussing it, so that they would come to a proper conclusion upon it. But, if such was not the intention of the majority of the House, and that the only object, was to come to a just conclusion by a

1

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Indian Bills-Western (Indian) Territory.

[JUNE 25, 1834.

resort to the previous question, then he would submit Indian treaties, on the ground not only of the great exwhether any good was likely to result from such a course. pense, but because Indian agents were more competent He repeated that he desired to have an examination made to perform the duty. with good faith, and he did not desire to see such a After a brief discussion, in which Messrs. H. EVERETT, course followed as had been the day previous, in bring- ASHLEY, WAYNE, EWING, and WILLIAMS, took part, the ing the deposite bill to a conclusion. The means taken motion prevailed, and the section was stricken out of the to bring a bill which went to seal principles on which the bill. public treasure was to be regulated, not for a day, but It was then ordered to its third reading. for all time to come, he should not easily forget. We The bill to establish a Western Territory coming up, were not permitted to discuss the general provisions of the Mr. VINTON, though highly disapproving of the bill in bill, nor to take the sense of the House on a single amend-its present form, said he would not move to destroy it, ment. It is not legislation, but coercion. Such means but he wished it postponed to next session, when there 'to come to such a conclusion he did not desire to see fol- would be more time to consider it. lowed out.

Mr. MILLER rose and called for the orders of the day; whereupon,

Mr. H. EVERETT moved that the House should resolve itself into Committee of the Whole on the state of the Union, for the purpose of considering the bills reported from the Committee on Indian Affairs.

Mr. THOMAS said he did not desire to prolong this running debate, but as it must be, he supposed, desirable for the House to know whether this subject was to be taken up, he hoped the honorable member would withdraw his motion, so as to let the question of consideration be decided.

Mr. H. EVERETT said he must persist with his motion to go into committee on the Indian bills.

Mr. V. went into an examination of the several sections and provisions of the bill, commenting with much severity upon almost every part of it, as going to establish an absolute military despotism in a remote Territory, and in the hands of a single man.

Mr. H. EVERETT replied, but declined entering at large upon the question. Were the bill intended for civ. ilized whites, in a condition like ourselves, the objections would be valid; but it was meant for Indians, for different tribes of Indians brought into close proximity, and after the United States had bound itself to preserve peace among them. The provisions of the bill had been submitted to the Indians themselves, who not only did not complain of them, but were highly anxious for the passage of the bill.

Mr. WILLIAMS now moved that the House take a to-recess till half past 4 o'clock.

Mr. J. Q. ADAMS inquired if the fortification bill, as the unfinished business, was not the special order for day? Such being, he thought, the understanding when it was postponed to make way for the deposite bill. The SPEAKER decided that the Indian bills were the special order.

INDIAN BILLS.

The House then, agreeably to the special order of the day, resolved itself into Committee of the Whole on the state of the Union, Mr. WILDE in the chair.

The bill to provide for the organization of the Depart ment of Indian Affairs, and the bill to regulate trade and intercourse with the Indian tribes, and to preserve peace on the frontiers, were taken up, and, after being amended, were laid aside.

The committee then proceeded to consider the bill providing for the establishment of the Western Territory, and for the security and protection of emigrant and other

Indian tribes therein.

ever seen or heard of.

Mr. ADAMS considered this as a very extraordinary bill, with a very extraordinary title. It was as good a bill to raise a constitutional argument upon as any he had What constitutional right had the United States to form a constitution and form of government for Indians? To erect a Territory to be inhabited exclusively by Indians? He wished to know if the committee were prepared to show under what part of the constitution this was authorized?

Mr. H. EVERETT replied, that he did not expect to discuss the question of constitutionality in committee, but in the House. No member of the committee had had even a doubt on the subject. The clauses giving Congress power to dispose of the Territories, and to regulate trade and intercourse with the Indian tribes, were abundantly sufficient to warrant every thing in the bill.

The committee then rose, and reported the bills and amendments to the House; when the amendment to the bill organizing a Department of Indian Affairs was concurred in, and the bill ordered to its third reading.

The bill to regulate trade and intercourse with the Indian tribes, and to preserve peace upon the frontiers, being taken up,

Mr. ASHLEY moved to strike out the section which provides for the appointment of commissioners to make

After repeated attempts, this motion at length prevailed; and the House took a recess accordingly. EVENING SESSION.

At half past four the House met, and again took up the bill to establish the

WESTERN (INDIAN) TERRITORY.

Mr. H. EVERETT rose to address the House in explanation and defence of the bill. As he considered it of the utmost importance, as well to the interests of the United States as of the Indian tribes, that this bill should pass, he must beg permission to occupy about ten minutes of the valuable time of the House in explaining its proral subject of our Indian affairs. visions, and in adding a few observations upon the genebill had been totally misapprehended, and its enactments As the character of the greatly misrepresented, he was desirous of putting the committee had been presented before the House as purHouse in possession of its true nature and object. The posing the oppression of the Indian tribes, and the erection of an odious tyranny over them: whereas their only aim had been to afford to the Indians effectual and complete protection, and that in a manner which, while it should be entirely satisfactory to them, should not be inconsistent with the rights of the United States.

The first section of the bill related simply to the extent Platte river on the north, and the boundary of Missouri and limits of the Territory: which was to extend from the and Arkansas on the east, to the Spanish possessions in the west and south.

The second section had for its object the fulfilment of existing treaties between the United States and the Indian tribes, and the carrying into effect the law of 1830. It to the use of those tribes, as that law did. The comdedicated the entire Territory to be erected exclusively mittee took it for granted that it was the desire of the Government to place all the Indians on one and the same political ground.

The third section provided for the self-government of the tribes, and for their protection as well as that of the the provisions of various treaties, nor did it go beyond people of this country. It was drawn in conformity with them. Its intention was to secure and perpetuate the

JUNE 25, 1834.]

Western (Indian) Territory.

[H. OF R.

How

right of self-government, so far as related to the tribes tem was not to be imposed upon them; it was to be prothemselves. This section contained a provision which posed to them--to be offered to them. No tribe could be authorized the employment of military force to aid the compelled to enter into the plan without their own free tribes in the execution of such laws as they might them-consent. It was expressly provided that "the articles of selves enact: and not, as the gentleman from Ohio [Mr. confederation should not be binding on any tribe unless VINTON] Supposed, to enable officers of the United States assented to by the chiefs of such tribe." With such a to bring down the military power of the Government proviso on the face of the bill, how could it be underupon the Indians against their will, and for the purposes stood as a scheme of tyranny and oppression? of oppression. No such object was intended, nor could could the freedom of the Indians be more fully secured? any such consequence ensue. The words of the bill It would be observed that the confederation was to take were, "it shall be competent for the general council to effect so soon as the assent of the Chactaws and Chero. furnish such force as from time to time may be neces- kees should have been given to the plan. The other sary, towards the support of such Government, and the tribes would then be at liberty to come into the measure troops of the United States may, under the direction of or not, at their pleasure. Should they conclude not to the President of the United States, be employed on the enter the confederacy, they would of course remain unsame duty." The law was simply permissive, and look-der the intercourse law. He could not conceive of any fairer arrangement than this.

ed to the will of the Indians.

The fourth and fifth sections, providing for the appoint- The seventh section of the bill had reference to the ment of a Governor and Secretary, followed as a neces- formation of a general council. The gentleman from sary consequence of the other provisions of the bill; and Ohio [Mr. VINTON] had objected to the mode of appointing if it should in the end turn out that no confederation this council; if that gentleman would point out some should be formed, all the tribes would still remain un-other mode more safe and expedient, Mr. E. should be der the intercourse law, and these offices would be abol- glad to hear it. The gentleman could not but be aware ished. But the committee had received the strongest that the Indian tribes were not accustomed to the mode assurances, from the Indians themselves, that the confede- of conducting elections; nor was it to be expected that ration would be formed. They had before them the memorials of twenty different tribes, all expressive of their desire for such a measure; and the committee entertained no doubt that a plan so beneficial would be adopted.

The manner in which this confederation was to be formed was the subject of the sixth section of the bill. He would read it.

they should at once be able to adopt the practice. The bill therefore proposed that, where members of the council were not elected by their tribes, they might be selected. But this selection was to be made, not by the Governor, but by the Indians themselves. All the concern of the Governor in the affair was to decide whether the members of council should be selected or elected. It "SEC. 6. And be it further enacted, That as soon as may was the purpose, and the express provision of the law, be, after his appointment, the said Governor shall con- that, as soon as any tribe should be competent to conduct vene, at some proper point, a sufficient number of chiefs elections, their representatives should be elected. "As of the various tribes who have emigrated from the eastern fast as the tribes are found competent to elect their repto the western side of said river, and who may reside in resentatives, that mode of proceeding shall be adopted." the said Territory, together with the chiefs of such of the As to the powers of this confederation, the gentleman other native tribes of said region as may appear, from from Ohio could not certainly have read the section crititheir situation and habits, qualified to be admitted into cally, or he must have perceived that it contained nothing the confederacy it is proposed to establish, and shall sub- which went to touch, in the slightest degree, the rights of mit to them a proposition for their assent to such of the the tribes, as to their own concerns. Either the United provisions of this act as require the co-operation of the States must establish a government over these Indians, or authorities of the respective tribes, in order to carry the the tribes must do it themselves; because the United same into effect; and such assent, if given, shall be in States Government was bound, by treaty stipulation, to writing and in duplicate, one of which duplicates shall protect the removed tribes from each other, and from all be transmitted to the War Department, and the other foreign tribes who might assail them. The Government shall be preserved in the office of the said Governor: Pro- proposed to the Indians to form a confederation for the vided, The articles of confederation shall not be binding purpose of performing these duties, in which case the on any tribe unless assented to by the chiefs of such tribe, United States would not interfere farther than to reserve being previously authorized thereto, or unless they shall a veto on such acts as might be inconsistent with our be ratified by such tribe: Provided, also, That such confederation should not take effect until the Choctaw, Creek, and Cherokee tribes shall have given their assent thereto. And that thereafter other tribes in said territory may join said confederation, and become members thereof."

rights or security. Mr. E. said that gentlemen ought to bear in mind that this was intended as the beginning of government among a people not accustomed to legislation. We had an interest in the acts they should pass; we had a direct concern that none of their regulations should be The gentleman from Ohio (Mr. VINTON] seemed to un- such as to lead to strife and contention; and, to prevent derstand this as a permanent arrangement, intended to such consequences, a veto was retained in our own last for ever, and keep the Indians in perpetual servitude. hands. Was not this reasonable, and obviously necessary? The gentleman was mistaken. It was merely a provision Suppose the council, acting according to Indian notions, to make a commencement of the confederation. If such should think fit to enact retaliation by law; the consea combination was ever to be formed, some one must quence would soon be war among themselves; and so soon take the first step toward it; and who was to do this as the torch of civil discord was thus lighted, the United Who could do it, or ought to do it, but the United States States Government must act; it was bound to act; the Government? It would be useless to expect the Indians treaty and the law required it. We had, therefore, a to do it: they were unacquainted with the manner of direct interest in the enactments of this new Indian gov. conducting business: they knew in fact nothing about it. ernment. The committee looked to this bill as the comIt was the Government who must make the advance; and mencement of such a government, and should the experithe law accordingly provided that the Governor should ment succeed, we might hereafter very possibly be in cirselect the chiefs who were fitted to enter upon such a de- cumstances which would justify us in withdrawing from sign, and notify them to come together; when the plan all superintendence over them or their affairs. The conof confederation was to be submitted to them, and they federation would possess no concentrated power of its were to act freely in adopting or rejecting it. The sys-lown; if we meant to give effect to their enactments, it

H. OF R.]

Western (Indian) Territory.

[JUNE 25, 1834.

This

was indispensable that military force should be employed, the effort at civilization thus far been attended with such if necessary. And in fact, the Government had now a small success? Because it never proposed to raise the Inmilitary force among them, and it must continue to have dians so as to render him a companion to ourselves. It for some time to come. Nor could we have any other held out no bright object to his ambition. Here and mode of controlling them, unless the Indians should be au- there a little speck might be seen, where we had done thorized to erect a government of their own. We were some little at bettering their condition; but hitherto we had not making a government for them; we were merely au- set no great and commanding object before their view, thorizing them to make one for themselves. We did not nothing for their mind to look to and to rest upon with insay what the government should be, but what it should terest and hope. All the bills heretofore passed had looked not be. So far as they adopted the plan, so far they re- to the same object-they had employed the Indians as tralieved us of the burden. ders, as interpreters, and as teachers, wherever they would be employed; but they had set no such prospect before them as being received into Congress. The object of the committee had been to benefit the Indians. was the scope of the bill; and such, he trusted, would be its result. There could be no safer guide on this subject than the views and feelings of the Indians themselves. They had seen this plan, and they were satisfied with it. The chiefs who had examined it were as intelligent men as any to be found; they understood their own rights and their relation to this Government; and they were well acquainted with the will of their respective tribes. The committee had consulted them intimately; and the measures of the bill had their entire approbation. As to the that were they to form a government, (which by this bill they did not do, but merely sanctioned a government to be formed by others,) still they had the most unqualified right to do so within the Territories of the United States. There was no restriction upon the power of the Government over the District of Columbia; and why over other Territories? Congress had the same power to pass ar, inThe ninth section contained a restriction on the natural tercourse law as to make a law for the government of our rights of the Indians, but one which was expedient and citizens in respect to foreign nations. The committee necessary. The Government was allowed, in all capital proposed no more than had been done by the law of cases, to suspend the punishment until the pleasure of the 1802. The Government, he repeated, was bound to do President should be known. If gentlemen would take this. It was bound by treaty to secure to the removing into consideration the extensive intercourse of the Indian Indians the right of soil, the right of self-government, and tribes with the whites; that they were new in legislation; protection against other tribes. Congress had all the and, above all, that they were a people of deep passion, power requisite to carrying the treaties of the country inand bred from infancy to revenge, they must admit the to full effect. It was not for the Indian tribes to say to propriety of putting some restriction on the power of in- Congress, you have not the power to pass such a law. flicting death at pleasure upon whom they would. Other- Congress had the power, and the Indians had recognised wise, traders and travellers might be unjustly condemned, it by treaty. It was on this ground that the Government and sacrificed before their case could be duly considered. claimed the right to reprieve criminals capitally convictThe tenth section provided for the suppression of hos-ed, and to interpose its veto upon any Indian law. The tilities among the tribes themselves. This was no new tribes must assent to this plan of confederation before it power. We possessed it and exercised it now. By this could go into effect. They could not, therefore, comsection the Governor was empowered to require the aid plain on that ground. The Indians, when invited to reof all the tribes, or of the United States military within the Territory, to put down the beginning of hostilities. And in whose hands should this power be lodged, if not in his? It referred to a case which required immediate acWas the Governor to wait till a messenger could be sent all the way to Washington?

The gentleman from Ohio objected to another feature in this section, viz: that the "members of the council shall receive from the United States their necessary subsistence, while attending the said council, and returning home, until otherwise provided by law." The gentleman considered this provision as amounting to a system of bribery. What would the gentleman have? The Indians had no money; and if their delegates were to attend the council at all, their expenses must be paid by the United States. The Government could not withhold the support. If they could, there would be something more in the gentleman's argument. Either the expenses must be paid, or they could not assemble. But, for this advance of money on our part, we should obtain the amplest compensation constitutionality of such a bill, the committee believed in the relief from burdens which must otherwise lie upon this Government.

The eighth section did nothing more than place the officers and others employed in the United States service, and persons travelling through the Indian territory, under the protection of the United States. This was obviously proper.

tion.

move west of the Mississippi, inquired of the United States' agents what was to be their situation there; they wanted to know definitively what they had to expect. They wanted to know if they were to be subjected to military force. This plan obviated the chief necessity for the employment of such force, by giving them the means The last provision of which he should speak was con- of self-government. The gentleman from Ohio must suretained in the eleventh section; and it was more practically be aware that the Indians were new and raw in the in its character than all the rest. It allowed to these con- task of self-government, nor could they be expected federated tribes a delegate upon the floor of Congress. otherwise. He would not give them a plan suited to peoThis privilege was not granted to any one tribe, but to ple in an advanced stage of improvement and civilization. the confederation of tribes. The House, Mr. E. said, It was sufficient to say that this bill had been submitted would perceive the necessity for some provision of this to the most intelligent of the Indians, who entirely apkind. The present policy of this Government, in respect proved of it. If they were satisfied, the gentleman to the Indians, was to civilize them; and what could be night be. a stronger aid to such a design than by such an enactment Mr. J. Q. ADAMS said he was glad the attention of the as this, to hold out to every Indian chief of distinction in House had been called to this bill; respecting which, he his tribe, the prospect, at least the possibility, of occupy-must confess that he felt very much as the gentleman from ing a seat upon that floor, in the Legislative Council of this Ohio [Mr. VINTON] did. He could have wished that the great nation. An appeal of the most stirring kind was consideration of it had been postponed to the next session. thus made to the ambition of every chief to render him- He was not prepared at this time to pronounce a definitive self fit for so high a distinction. He was confident it opinion with regard to the merits of the bill; for, indeed, would have more effect than any or all other excitements he had never read either the bill or report before to-day. which could be addressed to the Indian mind. Why had This, to be sure, might be charged upon his own negli