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heal,” that were old and utterly useless, though they were man of the committee that presented the amendment resold, and the purchaser brought a great distance to the lating to the admission of foreigners to the benefits of the Federal court to defend himself against the imposition. (patent law-it is this: when patents are granted under the He did not suppose that the great discoverers of the cot. Jexisting laws, the patentees have the exclusive right to ton gin, the steamboat, &c. could have been lost from the dispose of their rights, and, when they are sold, it is in our fee being raised to seventy-five dollars. Bilt when the own country; but the privilege to foreigners, by the profee is only twenty or thirty dollars, every trilling notion visions of the bill, are such, that if they do not choose to is patenteii, to the injury of the people, and the patentee sell in this country, we are deprived of the aclvantage of not unfrequently, He lid not think that our country- using them for fourteen years, while their own country men required much legal encourageinent to stimulate the may be enjoying the use of them. All know the jealousy spirit of improvement. Let any one go into the Patent that exists in other countries in relation to this subject, Office, and he will find that the spirit is not very sluggish.. and the fear that we should become acquainted with the it was prudent, to be sure, not to damp it by imposing an principles of their inventions. enormous tax. As it related to the tax on foreign patentees, Mr. HAYNE observed, that, as far as the committee had the committee were influenced in placing it ai two hun- been able to ascertain, the regulations, or nearly similar, dred dollars, from baving understood that that fce was which prevailed here in relation to patent laws, prevailed smaller than what is required by the laws of foreign in Europe. There was no possibility of regulating, by nations. In reply to the idea advanced by the Senator law, the sale of patented inventions; but he believed if any from Maine, (Mr. Holices) that the increase of fees would foreigner took out a patent and refused to sell, he would decrease the duty of the office, and consequently so far incur a forfeiture. A provision might be inserted in the remore the necessity for clerks, Mr. R. reminded the bill, that the foreign patentee must sell; but he must also gentleman from Maine, that if his reasoning were correct, be allowed to fix his price. That difficulty was inseparastill the duties of the office bave more than doubled, and ble from the subject. It appeared to him, (Mr. H.] that the hence the necessity for the additional clerks provided for only security to be had, was in that strong sense of interest by the bill. He had understood that the revenue derived which would induce every man to sell out his invention from the office would support these clerks, and still leare speedily, for the purpose of realizing the expected profit. a surplus to go into the treasury. Unless as a general Mr. CHAMBERS, in reply to the observations of the measure, Mr. R. had no particular concern for this office; gentleman from Georgia, said, that if the citizen or subbut as it was necessary and important to the country, he fject of a foreign power were to obtain a patent in this thought that the arrangement and provisions of the bill country for an invention, in order to restrict its use to his would have a salutary tendency.
own country, an American citizen might use it, subject to Mr. DICKERSON observed, it was true, as stated by the an action for damages in a court of law; and if a foreigner gentleman from Kentucky, that he was not much acquaint- were to come here to obtain a patent for the purpose of ed with the subject. He did not before know that a bill prohibiting for using it, he was of the opinion that a court of that nature had been before the Senate. His opinion of justice would not award much damages for a violation still was, and he thought that a little reflection would of the law, when, in the country in which the patent was bring the gentleman from Kentucky to the same conclu- used, such violation did not interfere with its sale. Mr. sion, that there was no necessity of increasing the fees for C. was of the opinion th:t every dollar derived from the patents. Any increase of fees could only be made for revenue of the Patent Office should be expended for the one or two objects--for purposes of revenuc, or for the encouragement of the useful arts; or, in other words, that sake of diminishing the number of patents. Noiv, al- there should not be a dollar drawn from the proceeds of though he was perfectly willing to increase the number the office, after paying its expenses, to go into the United of clerks in the Patent Office, he never wished to see any Stütes' treasury. He was, therefore, opposed to the inrevenue derived froin it; and as to the idea of diminishing crease of patent fee, proposed by the bill.
With respect the issue of patents, he could not see how the increasing to the provision for admiiting foreigners to the benefits of of the fees could possibly have that effect. Those who the patent law, lie approved of it. He believed that, acgave their time to the invention and improvement of ma-cording to the present mode of passing special bills for chiry ry, could, either through the instrumentality of that purpose, the cost to the Government, in every infriends, or on the credit of a useful invention, raise money stance, exceeded two hundred dollars, and the trouble enough to pay for the patent; and those whose inventions and expense to the ir:dividual were also great and perwere noi useful, would be most apt, through want of skill, plexing. He incntioned one case, where a gentleman to set a high value on them; and procure, by some means had been a whole year waiting co Congress, to ob. or other, the price of a patent. But the gentleman from tain a patent right for 2 useful and important invention. kentucky talked of the number of Eastern notions, by Yet
, from the multiplicity of business before them, the bill means of which the people of his State had been defrauci. could not be acted on; and the applicant, after having subed. Now Mr. D. would only observe, Sat notions werejected binself to great expense and loss of time, was not peculiar to the people of the East--they were to be obliged to abandon his object until another session. found every where--as well in the North, South, and Mr. ROWAN observed, that, if the gentleman from New West, as in the East; and those who did not like Eastern Jersey had bestowed any examination on the subject, he notions, might turn the tables on them. Mír. Dickensos would, with his usual reficction, have seen the difficulwould have no objection to any reasonable plan for diminties attendant upon permitting individuals to monopolize ishing the number of patents issuing from the Patent of the sale of articles belonging to the common concerns of fice, for he believed as much folly was collected there as life, under the pretence of taking out a patent for them. ever was collected together in any one place in the world; His constituents were so simple as to beliere that when but he did not believe that any increase of fees would re anything emanated from Washington, and having the medy the evil; it would only have the effect of laying a sanction of high official authority, it established an unus on genius, without producing any good. With regard doubted right to the article specified. They, moreover, to that part of the bill which charges two hundred dollars had such a horror of being dragged before the Federal for the patent to foreigners, he was opposcd to it, and courts, that they were too apt to give up, and suffer themmoved to strike out "oqwo hundred” and insert listy dollars. selves to be defrauded, cither by paying the whole, or by
Mr. FORSYTH said that he thought the provision re. a compromise. Did not the gentleman see the evils re. specting foreigners a very fair one--it was one of per- sulting from individuals claiming the exclusive right to arfect reciprocity. He would suggest one idea to the chair-ticles forined from the dictates of common sense, and of
(Ardil 22, 1830.
common and daily use? There was nothing that the East- garded as a reflection upon the purity of the present adern patent venders bad not taken out patents for from ministration; that so ungracious an imputation shoukl be washing-machines to millinery; (he did not mean the fig- studiously avoided, especially at the commencement of a leaf, but improvements in the mode of cutting female Presidential term. Then, sir, secret presents seemed to dresses;) the baking of bread, (he apprehended bread was be regarded with universal execration. The amendment used before the old people left the garden;) nothing had and the bill were laid on the table; and to my great surescaped them. With respect to the gentleman's argu- prise now, we hear the honorable Senator from Georgia ments that the increase of fees would not (liminish the attempting to justify the practice of presents made to number of patents, it might apply to marriages, though chiefs, by the usage of the Government, for many years not to patents; for he believed those who married were back, even to 1793; and we are charged with a squeamish not tempted into matrimony by the lowness of the fees, fastidiousness of morals for venturing to question the nor would those inclined to celibacy be kept out of it propriety, or policy, or wisdom of the measure. Sir, we solely by any high fees that might be imposed. Let us are even threatened with the indignation and scorn which (said Mr. Rowan) offer sufficient encouragement to the those are sure to receive, who dare denounce a custom obtaining of patents—but let us not believe that no impo- sustained and countenanced by great names. Sir, sich sitions are practised, and, in consequence, refrain from im- terrors did not reach me; and no array of names shall deposing such restraints as will, in some degree, have the ter me from pronouncing this odious practice of dealing effect of preventing them.
with those feeble tribes, by means of such corrupting Mr. NOBLE said, as to the marriage fees alluded to by agencies, an abomination for which no vindication nor apothe Senator from Kentucky, (Mr. Rowan] he thought logy can be made. Sir, neither time nor names can they did not suit his purpose. He was astonished that there change the character or the qualities of things. The was not another clause introduced in the bill, making pro- great moral distinctions between virtue and vice, truth and vision for taking out patents for reform. These were to error, are inherent and irreversible. And when my hohave been the days of regeneration, but he believed they norable friend left his precedents, and spoke as his feelwere the days of degeneration. This Secretary of State ings sprang up, warm and purely, his own fervid exhibiof ours wants four thousand five hundred dollars for the tions of all the mischiefs that have resulted from such Patent Office--two more clerks under his patronage. practices were the strongest arguments against the whole Would he go in person to the Patent Office? No, sir; he system of Indian negotiations. would not, though I believe him small enough to go into Sir, he correctly stated that we deny to these tribes all one of the rat traps there. He said he would vote against competition in the sale of their lands; no State, no indithe bill and amendment; instead of increasing the tax to vidual can approach them with terms. We, the Governseventy-five dollars, he would prefer reducing the present ment alone, are to buy. We propose the quantity, the tax at least one-half
. As regards the foreigners, he would price, the mode of payment; and then what follows We act on that if it were important; but as to the four thou- send the public purse along with our agents; and they are sand five hundred dollars which were to be given for these to select the chiefs who are most in the confidence of their changes, be had no idea of it.
people, and the tempting bribe is addressed to their sel. Mr. HAYNE had only one word to say. He would have fish passions, and their consent is yielded to such debasing been much better satisfied if the gentleman from New Jer- and corrupting influences. Sir, is it not time to pause and sey (Mr. DICKERSox] had not made his motion, particu. retrace our steps? There needs a stronger support for larly as that gentleman had expressed himself as opposed this humiliating custom than the ridicule of what the gento the admission of foreigners to the privileges of the tleman is pleased to denominate a sickly morality. patent law. If he were opposed to them, be ought not The honorable Senator from Georgia has insisted that to facilitatc the means of embracing it, which is the inevi- the matter of difficulty between Government and the Chetable tendency of his amendment. He [Mr. H.] had great rokees is settled. That she has extended her laws over confidence in the inventive genius of his countrymen, and them; that they will go into operation in Jupe next; that was inclined to think that we would gain more than we the Executive of the United States, whose duty and prowould lose by the provisions of the bill. The four thousand vince it is to construe the act regulating Indian intercourse, five hundred dollars which the gentleman from Indiana has decided that he cannot interfere; and there, argues the wished to withhold, (Mr. H. said) would be necessary to gentleman, the matter ends, and the Cherokees must subkeep the office in order, preserve the models, records, &c. mit. Sir, I mean not on this collateral subject of amend
Mr. DICKERSON said, that gentlemen were mistaken ment to be drawn into the discussion of the great questions as to his motives.
He was not opposed to granting pa. of Indian rights and our national obligations. But I contents to foreigners, but he was opposed to granting them fess it was with astonishinent that I listened to the dispoas a matter of right. He wislied the present practice to sition made of these interesting concerns by the gentlecontinue, and then such restrictions could be imposed on man. I had supposed, sir, that the conduct of Georgia in the issuing of a patent to a foreigner as the naturc of the her legislation over the Cherokees was still a debatable case required.
subject. The country feels it to be so. It has awakened Mr. FORSYTH was not satisfied to adopt the amend- a tone of feeling that thrills to the very heart of this rement proposed to the bill, and wished farther time for re-public. But the honorable Senator proclaims a triumph Hection on it; he therefore moved to lay it on the table till before even a contest has been had. 'He raises the notes tomorrow; which was agreed to.
of victory, while the conflict is still matter of expectation
orily. THE INDIANS.
Sir, we presume to deny to the President the constituThe Senate then resumed, as in Committee of the tional power of adjusting and concluding the extent or the Whole, the bill to provide for an exchange of lands with fulfilment of treaty obligations;and we differaltogetherfrom the Indians residing in any of the States or Territories, and his construction.' We mean to contend, and hope to show, for their removal west of the river Mississippi.
that Georgia is wrong; that by her legislation she has enMr. FRELINGHUYSEN, of New Jersey, said, that tered the fields of the feeble and friendless, whom we, the proposed amendment prohibits the appropriation of as a nation, are bound to protect. And, sir, we shall not any part of this fund towards secret presents for the chiefs in this discussion, and we hope not in our legislation ir: this or head men of the Indian nations. When it was intro- hall, bow to any Executive rescript whatever. We shall duced by the honorable Senator from Alabama, (Mr. Mc- revise the interpretations which the President in his late Kirler) the objection urged was, that it would be re- message has thought fit to present to Congress, of the re
April 23, 24, 1830.]
lations of Georgia and ourselves towards the Indians and the Indians residing in any of the States or Territories, each other. We cannot, in the discharge of high public and for their removal west of the Mississippi. duties, defer to Executive will, nor leave to him the com Mr. SPRAGUE made some additional remarks on the mon right inherent in this co-ordinate department of subject, in reply to the observations of other gentlemen. power, of ascertaining and deciding when and how far our Mr. WHITE then commenced a reply to the gentletreaties bind us, and when and under what circumstances men who had opposed the report and bill; and did not the nation is absolved.
conclude before the usual hour for adjournment. Sir, if we yield up this right, the struggles of the Re. volution will have been in vain. There will be but the
SATURDAY, APRIL 24, 1830. exchange of tyrants. I am very certain that our Chief Magistrate will not seriously assume such extravagant The bill to provide for an exchange of lands with the powers. We shall, at all times, protest against their ex. Indians residing in any of the States or Territories, and ercise, and resist a despotism that would despoil the Amer- for their removal west of the river Mississippi, was reican Senate of some of its vital functions. Sir, this is the sumed in Committee of the Whole. high vantage ground, where freemen meet to revive and Mr. WHITE concluded his remarks in reply to the ardiscuss public duties and obligations; and we mean to do guments of gentlemen in opposition to the bill; and this fearlessly, uncontrolled by Executive fiats, and un Mr. FRELINGHUYSEN made some observations in awed by the denunciations of any Senator of any State. explanation of some parts of his former remarks, which
We hope that Congress will declare the nature of our he thought had been misapprehended by Mr. WHITE. duty to the Cherokees, and will effectually interpose the The question on Mr. F's amendment was divided, and strong arm of our Government between their invaded first taken on adding to the bill the following proviso: rights and the pretensions of the State of Georgia. But Provided always, That until the said tribes or nations should we fail here, we shall not, as has been intimated, shall choose to remove, as by this act is contemplated, they advise resistance. If Congress abandon these, their de- shall be protected in their present possessions, and in the pendant allies, no one of all the friends of Indian rights, enjoyment of all their rights of territory and government, who shall dare encounter the share of reproach that seems as heretofore exercised and enjoyed, from all interruptions to be preparing for them, will, I trust, counsel the Che- and encroachments. rokees to resist unto blood. If the United States, with The proviso was rejected. their faith and honor pledged to these nations in scores, The question was then taken on the other proviso, shall withdraw their protecting shield from around and which is as follows: above them; if the ægis, that in the days of her truth she And provided also, That, before any removal shall take raised, shall now be rudely and cruelly torn away, we place of any of the said tribes or nations, and before any shall refer the poor, driven, persecuted Indians over to exchange or exchanges of land be made as aforesaid, the tender mercies of Georgia; and we hope that she, in the rights of any such tribes or nations in the premises, the time of her triumpl, will not forget the law of kind- shall be stipulated for, secured, and guarantied, by treaty ness.
or treaties, as heretofore made. The gentleman complains that prejudices have been ex This was also rejected. cited on this subject, and that Georgia has been selected, Before taking the question on the above provision, without reason, and against all justice, as the peculiar ob Mr. BARTON rose and said, he voted for this amend. ject of unfounded reproaches. Sir, so far as this matter ment in Committee of the Whole, and should do so again, may now be presented to the consideration of Congress, upon its own intrinsic merits, for it was intrinsically right I regard it as a pure, abstract question of political and or wrong, without regard to either the present administracivil right, on which I feel no prejudice, and desire only tion or to the particular question in the South, in which a temperate, calm, and full discussion. That public at. Georgia felt a peculiar interest; yet both of these latter tention and interest have been particularly directed to the questions had been introduced into the debate upon this State represented by the honorable Senator, has arisen amendment. from our treaty relations with the Cherokees, and the Some of the friends of the administration (said Mr. B.] strong grounds lately assumed by Georgia in her asser- object to the amendment on the ground of its being unution of sovereign power over these people. This State sual, and amounting to a reflection upon the present admircannot expect, sir, that the rights of property and self- istration. So far from that being my object, the amendgovernment, by us solemnly guarantied to the Cherokees, ment was offered by a supporter of the administration, not shall be invaded by any member of the Union, a party to as a reflection on the President, but upon the discovery such guaranty, and no inquiry or complaint made. of an actual case of such bribery of Indian chiefs, during
If the authorities of the United States shall maintain the last summer, to sell the lands of their tribe, and after the rights of the Southern Indians against all State en- a rejection of the stipulation for the bribe in this Senate, croachments, I trust, sir, that the States who may have with a view to prohibit, by law, the use of such means in any interest in the question will sulmit; from Georgia, future. We do not accuse the President of having counsir, I can anticipate no different result. She does not, 1 tenanced the bribery; and it would be a feather in the cap presume, pretend to infallibility, nor would she dispute of this administration, to introduce the elevated and hohut that she may have been mistaken in the interpretation norable principle of the amendment into our contracts or of her rights; and a generous, high-minded people will, treaties with the miserable remnants of the once powerful I hope, acquiesce in the determination of a tribunal that owners of the country, by declaring, by a law, to govern can have no other concern in this momentous question all our public agents, President and Commissioners, that tian to secure for it a patient hearing and a righteous de- neither force, nor fraud, por direct, secret bribery, shall cision.
be resorted to in acquiring the lands of those helpless peoMr. McKINLEY replied to Mr. FRELINGHUYSEN; ple, whose guardians we affect to be. after which, on motion of Mr. WHITE,
I hope the mere circumstance of the last administration The Senate adjourned.
having taken the high ground of rejecting, with disdain,
an offer to use bribes in such negotiations, will not be suffiFRIDAY, April 23, 1830.
cient reason to reject the amendment. This sin cannot be
visited upon any particular administration. We must be The Senate then resumed, as in Committee of the responsible as a nation for its existence; but let us not reWhole, the bill to provide for an exchange of lands with cede from the ground taken by the last administration,
(Arril 24, 1830.
which emphatically repudiated the practice. And as to and yet the right of free contracts between individuals the exciting Georgia question, it lias no proper connexion is of as high constitutional authority as that of contracting with this bill or amenilment. This bill is to extinguish for Indian lands. Then, if Indian treaties for lands be Indian title north of the Ohio, in Indiana, and does not contracts of bargain and sale, as they are, force, fraud, touch the Georgia question at all; and presents a fair op- or bribery vitiates the contract, and makes it void. So portunity of putting down, by law, without prejudice to men, angels, and divinilies would consider it. But the Georgia, a practice that has been improperly revived un- difficulty lies here: the Indians have not the physical der the present aclministration, and we presume without power to assert their rights; nor have they, like Portugal, the sanction of the President. Disguise this question as a powerful and warlike nation at hand to protect them, you may, it is substantially whether we will sanction by when we play false to them; nor any just common tribunal our votes the use of secret bribes to obtain cessions of 11- to decide the matter in their favor, when we, their boasted dian lands. And I am sorry the Senator from Alabama guardians, bribe their avaricious or needy chiefs to sell has abandoned the amendment that would have done so their lands, or force them to do so under the mouths of much lionor to the administration of which he is a sup. our cannon bearing upon them through the portholes of porter. This is a Government of law, and the national our western forts, by telling them of the irresistible power honor is concerned to prohibit, by law, all our agents, of their great father the President, and his warriors. And whether they be Presidents or subordinates, from continu- after a treaty for their lands shall be effected by force, ing so unfair and dishonorable a practice, which we ad- fraud, or bribes, what serious chance has the poor Indian mit has crept into our negotiations. Secret bribes to to come before this Senate and show all the facts and circhiefs, without the knowledge or consent of the poor cumstances, so as to induce the Senate to reject the treaty? tribes, whose guardians we affect to be, to sell us the lands Unless, indeed, your President be the nation, himself, how of the tribe, sullies the honor of the nation, and renders the can it infringe the constitutional power of the President contract void, if the Indians had power to assert their rights. and Senate to make bargains of purchase of Indian lands,
The Senators from Tennessee, Louisiana, and Illinois, for the nation to prohibit by law our agent or negotiator [Messrs. Grunde, LIVINGSTON, and Kane] argue, how- from employing such means to cheat the weaker party as ever, that this amendment interferes with the treaty-mak. would render the contract void? Who but the law-making ing power of the President, given by the constitution. It is power can prohibit a practice, which, so far from being a true the treaty-making power is given to the President, use of the power given by the constitution, is a gross and subject to the advice and consent of two-thirds of the siamesul abuse of it, unless, indeed, the President be above Senate; and it is equally true that a great revolution has law!. Unless the supremacy to all law be accorded to the occurred during this session in this body, upon the subject President, as well as a freedom from all inquiry into the of the unrestrainable powers of the President. Formerly, abusive exercise of his power of removal from office for the rage was to render the President a cypher—to dispute cause, and from all restraint of the Senate, we have as his right to accept an invitation in the recess of the Senate, much power to prohibit the use of bribes to him, as to any to begin a negotiation to be afterwards submitted to the other agent or individual in the Union. So far from inSenate for their advice and consent, as in the Panama fringing the constitutional power, it would only guard it mission. Now, a treaty may be held without an appropri- from the approach and contamination of bribes, as other ation, even after a refusal to grant an appropriation. “At contracts are and should be. this session the majority have carried their confidence in There is another high constitutional power secured by the President so far as to surrender the restraising power the same instrument--the great elective right of free of the Senate over an abusive exercise of the power of choice of a President, as high and constitutional as the removing unfit or delinquent officers, by converting the power to bargain for Indian lands. Would it infringe that whole offices and emoluments of the country into mere right to guard it from the bribes of Executive patron. bril to purchase popularity, reward partisans, and age? If so, your famcis six bills reported during the last punish opponents for votes and opinions; and have utterly administration, under pretence of guarding the country refused to permit any inquiry into the causes of such re- from that influence, are all unconstitutional. This minomovals; and have established in the palace a four yearsrity is entitled to the credit of having revived these bills secret despotism and inquisition, contrary to all the for. since the discussion on “Foot's resolution.” They died mer opinions, votes, and proceedings of themselves under at their birth in 1826, and have slumbered in their graves other administrations; thus screening the President from ever since, until this minority, by the friction and the fire a public knowledge of the true causes of removing men of that debate, restored them to life, and presented them too honest, and too proud of their rights, to buy peace to their wondering fathers. They come too late in the and office by a surrender of their sacred right of opinion session to save the country from the ravages of corrupt and election!
proscription and despotisın; but they may be in good time Formerly, the rage was to strip the Federal Government to save the credit and consistency of their authors. of its beneficial powers, dissolve and scatter it into the Suppose, as the case happens to be, that this adminissemi-anarchy then miscalled State rights; now, the Execu-stration should use all the offices and emoluments of the tive heard is made an absolute despot for four years, while country, in their newly usurped power, as mere capital, to the other branches of the Government are prostrated in purchase popularity and votes, and reward partisans; and the dust, or their useful existence assailed. It is admitted the removing powers of the President should he perverted that the treaty-making power belongs to the President from their public purposes to punish men for their opinions and Senate by the constitution. And what is a treaty for and votes; until the spirit of the nation should be so corIndian lands but a contract between the parties? And rupted that we should see those loungers behind our seats, what is the President but the agent of the Union, in skulking about the city all the session, come from the ex. making such contract? Or is the President the nation tremities of the Union to press the administration to reSo, also, by the same constitutional authority, individuals move gentlemen from office, and to resume the work of may make a contract; and it is even provided, that no law reform, from which they were frightened until the late shall be passed impairing the obligation of their contracts. decision of the Senate to sustain them by refusing inquiry But does that prevent a gover:ment from enacting laws into the causes of removal, to make room to reward such to prevent agents or principals from using bribery and creatures for the base prostitution of their rotes (for in. fraud as the means of cheating the weaker party out of fluence they had none) at the last election, in hopes of his property? Laws against the use of force, fraud, and office-would it be unconstitutional to guard the great the bribery of agents, are enacted every slay when needed; elective franchise of the United States from such bribes.
APRIL 26, 1830.)
Impeachment of Judge Peck.
Look at those mercenary expectants behind our seats cians, referred to in this section, shall be borne by the and in the gallery! One would be content with an Indian United States. agency; another would be satisfied, for the present, with This was accepted by Mr. SANFORD, as a modificasome land office, or the like; a third presses the removal tion of his motion; and the amendment was then rejected. of a postmaster, that he may be rewarded for guessing at On motion by Mr. FORSYTHI, the second section was the strong side, by being placed in a situation to purify amended, by adding thereto the foilowing: the rays of mental light and the streams of national intel When the land claimed and occupied by the Indians is ligence, by exercising a servile and corrupt system of owned by the United States, or the United States are espionage upon the correspondence of our citizens, under bound to the State within wbich it lies, to extinguish the the late subserviency to party discipline to which the Indian claim thereto. General Post Office has been subjected.
On motion of Mr. WHITE, the blank in the eighth The Senator from Illinois (Mr. KANE] not only places section was filled with five hundred thousand dollars, and the President's mere agency in negotiating these contracts the bill reported to the Senate with the amendments; for Indian lands above the control of the laws of the land, which, having been concurred in, but boldly attempts to justify the use of secret bribes by Mr. FRELINGHUYSEN moved further to amend the the milder name of secret presents, by telling us that they bill, by adding the following proviso; which was rejected: are not used to induce the chiefs to do wrong, but to in. Provided, That before any exchange or removal shall duce obstinate chiefs to do right!
take place, the President of the United States shall nomi. Such an argument would, if valid, destroy the capacity nate, and, by and with the advice and consent of the Senof the Indian tribe to make the contract. That is merely ate, appoint, three suitable persons, and by them cause saying we, the strong party, are to be the judges when it is the country to which it is proposed to remove the Indians right for the weak party to sell their lands, and then to to be fully explored, and a report made to the President, bribe their agents to do the right thing!
and by him to Congress, of the extent of good and arable No, sir, it is no infringement of the constitutional power lands that can be obtained, and of the proportion of woodto buy Indian lands, to enter into private contracts, or to land in such country, and of its adaptation to the objects elect a Chief Magistrate, to guard them all by law from of this bill, and to the wants and habits of the Indian na. the contamination of bribes, either secret or public; but tions. such a prohibition by the Legislature of the Union would The bill was then ordered to be engrossed for a third redound to the honor of the administration that enacted reading, by yeas and nays, as follows: it, and to the nation, for thus introducing into our inter YEAS--Niessrs. Adams, Barnard, Benton, Bibb, Brown, course with the Indians the elevated and honorable prin- Dickerson, Dudley, Ellis, Forsyth, Grundy, Hayne, Henciple, not by varying Executive will, but by a permanent dricks, Iredell, Johnston, Kane, King, Livingston, McKinlaw.
ley, McLean, Noble, Rowan, Sanford, Smith, of South Mr. SPRAGUE then moved to add a proviso in the Carolina, Tazewell, Troup, Tyler, White, Woodbury-following words:
Provided always, That until the said tribes or nations NAYS--Messrs. Barton, Bell, Burnet, Chambers, Chase, shall choose to remove, as is by this act contemplated, Clayton, Foot, Frelinghuysen, Holmes, Knight, Marks, they shall be protected in their present possessions, and Naudain, Robbins, Ruggles, Seymour, Silsbee, Sprague, in the enjoyment of all their rights of territory and go- Webster, Willey--19. vernment, as promised or guarantied to them by treaties The Senate then adjourned. with the United States, according to the true intent and meaning of such treaties.
Monday, April 26, 1830.
IMPEACHMENT OF JUDGE PECK.
Messrs. BUCHANAX and Storrs, members of the House Provided always, That nothing herein contained shall of Representatives, with a message from that House, were be so construed as to authorize the departure from, or announced; and, having taken the seats assigned them, non-observance of, any treaty, compact, agreement, or
The PRESIDENT informed them that the Senate was stipulation heretofore entered into, and now subsisting, be- ready to receive any communication they might have to tween the United States and the Cherokee Indians. make. This amendment was rejected.
Mr. BUCHANAN then rose and said: We are comOn motion of Mr. McKINLEY, the fourth section was manded, in the name of the House of Representatives, amended, by adding thereto the words following: and of all the people of the United States, to impeach
And upon the payment of such valuation, the improve- James H. Peck, Judge of the District Court of Missouri, ments so valued and paid for shall pass to the United of high misdemeanors in office; and to acquaint the SenStates; and possession shall not afterwards be permitted ate that the House of Representatives will, in due time, to any of the same tribe.
exhibit particular articles of impeachment against him, A verbal amendment in the fourth section, proposed by and make good the same; and we do demand that the Mr. SPRAGUE, having been agreed to,
Senate take order for the appearance of the said James Mr. SANFORD moved to add the following section: H. Peck, to answer to said impeachment.
And be it further enacted, That where the lands in any Messrs. BUCHANAN and Storrs having retired, State are held by Indians, and such lands belong to the Mr. TAZEWELL rose and said, that in looking over State, subject to the claim of the Indians, or the state or similar cases, for the purpose of ascertaining what would its grantees are entitled to purchase the Indian title, the be the proper course of proceeding, he discovered that President of the United States may give and assign to any messages, similar in most particulars to the one just resuch Indians any suitable district or portions of the landsceived, had been presented to the Senate in three cases. described in the first section of this act, when any such | The first was the case of John Blount, one of the memIndians shall choose to remove to, and reside on, the west-bers of this body; the next was that of John Pickering, ern lands, so as to be assigned to them.
Judge of the District Court of New Hampshire; and the Mr. WOODBURY moved to add thereto the following: third was that of Judge Chase. Upon each of these
Provided, That no part of the expense of extinguishing cases, there seemed to have been some anxious considerathe titles, or paying for the improvements of the
lands on tion, in order to adopt the course most proper to be purthe removal, or of the first year's residence of the In- sued. Mr. T. would state in wbat the proceedings in