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H. of R.]

Indian Affairs.

[MARCH 2, 3, 1830.

Mr. DE WITT here moved the previous question. The main question was put on printing the memorial, and carried. Yeas, 106.

fairs, or of course he should not have said the gentleman govern themselves, then our policy towards them is to be had not read the report. He was not bound to know that changed. the gentleman belonged to the committee. As to this memorial from the Friends of New England, the men of peace, he thought it ought to be printed; and if it were not disrespectful to the House, he would say that he would himself pay the expense, which would not exceed one dollar and a half--of informing the House, and thus save the treasury from the onerous burden. The step about to be. taken would change our whole policy in relation to the Indians, and decide whether we should purchase the land of the Indians, or expel them by force from the land of their forefathers.

Mr. GOODENOW made a few remarks in reply to Mr. BURGES, and said he hoped the motion would prevail to amend; and, if it should not, he should vote for the motion of the gentleman from Rhode Island.

TUESDAY, MARCH 2, 1830.

i
The House resumed the consideration of the resolution
offered by Mr. VINTON, to print, and append to the report
of the Committee on Indian Affairs, the laws of certain
States extending their jurisdiction over the Indian tribes--
the question being on Mr. FOSTER'S substitute for the re-
solution, proposing to embrace the laws of all the States re-
lative to the Indians within their limits.

Mr. BELL opposed the resolution as unnecessary to the extent proposed, and, if necessary to that extent, that there were other documents, treaties, &c. which it would be as proper to include.

Mr. TEST proposed to confine the selection to the original laws of the States extending their jurisdiction over the Indians.

Mr. FOSTER declined this modification, and supported his substitute as it stood.

Mr. BUCHANAN said, he rose for the purpose of denying that the question to be hereafter decided by the House was of the character which had been stated by the gentleman from Rhode Island, [Mr. BURGES.] That gentleman had entirely mistaken its nature. He would not say the mistake was intentional, because he did not believe it was; but this he would say, that, unless it were corrected, it might do the same injury in misleading public Mr. STERIGERE moved to commit the resolution to opinion, as though it had been intended. Sir, [said Mr. the Committee on Indian Affairs. If the printing were B.] we are not about to decide, as the gentleman sup-ordered, as proposed, it would take all the summer to poses, whether we shall change the settled policy of this prepare the collection; and he thought the committee country in regard to the Indians, nor whether we are could better designate what was necessary. about to expel them by force from the land of their fore- Mr. EVERETT, of Massachusetts, opposed the comfathers. Far, very far from it. God forbid that I, or that mitment, and advocated the original resolution, considerany gentleman upon this floor, should entertain the cruel ing it essentially necessary that the House should be in purpose of using the power of this Government to drive possession of the acts in question, to be able to form an that unfortunate race of men by violence across the Mis-opinion on the questions which the House would be called sissippi. Where they are, there let them remain, unless on to decide at the present session, in relation to the Inthey should freely consent to depart. The State of Geor-dians.

tains no other intention.

gia, so far as we can judge from her public acts, enter- Mr. ELLSWORTH was also in favor of the original resolution. Memorials had been received from the Indians, complaining of the laws of those States as violating the treaties of legislation of the country; and it was neces sary to have the laws printed, that the House might decide the justice of those complaints. It was useless to print the laws of States from which no complaints had

The question may possibly be debated here, whether Georgia has a right to extend her laws over such Indians as reside within the limits of her sovereignty. That is a question, however, which will not either naturally or necessarily arise, upon the discussion of the bill reported by

the Committee on Indian Affairs.

been received.

What is the nature of that bill? It presents the strongest Mr. HOFFMAN opposed the printing of the laws, and inducements to the Indians to leave a land, in which, from appending them to the report of the Indian Committee, the nature of things, they never can be happy, and rejoin because it would smother the report, and keep it from be that portion of their tribe which have already emigrated ing read by the people. He was in favor of the commitacross the Mississippi. It proposes to them that they ment. shall have a country and a home, guarantied to them by Mr. WILDE suggested the propriety of sending the rethe faith of the United States by the most solemn solution to the committee, with instructions to select and pledges which the Government can make--where they report so much of the laws, treaties, and judicial decisions shall be forever free from the intrusions of the white man-- of the several States, as they may deem proper to print where, under the protection of the United States, they for the information of the House, and advocated this may be governed by their own laws and their own cus- course. toms--and where the efforts of benevolence and christian- Mr. STERIGERE accepted the instructions as a part ity may be exerted for the purpose of elevating their of his motion. moral and social condition.

Mr. VINTON demanded the yeas and nays on the quesAnd would not this be better for them, than to remain tion; but just then the expiration of the hour cut off furin a State, within the limits of which they have attempt- ther proceeding for to-day. ed to establish their own sovereign authority, in defiance of that State? Ought we not then to hold out inducements to them voluntarily to remove to this land of refuge? That is the question, and the only question which the bill will present.

WEDNESDAY, MARCH 3, 1830.

The House resumed the consideration of the resolution of Mr. VINTON, on the subject of printing the laws of the several States in relation to the Indians within their terri tories, being on the amendment offered yesterday by Mr. WILDE, to recommit it with instructions to the Committee on Indian Affairs.

Mr. BURGES said, he intended to say may change the policy of the Government. The question referred to the Committee on Indian Affairs was, whether the Cherokees had a right to establish a Government within the boundary of Georgia. We have by solemn treaty guarantied to On this amendment the yeas and nays were ordered. the Indians their possession of the country, and the right Mr. LUMPKIN said, in justification of the vote be to govern themselves in it. If the conclusion of that com should give, against referring this subject to the Commit mittee goes to show that the Indians have not the right to tee on Indian Affairs, he would ask to be indulged with

MARCH 4, 5, 6, 1830.]

Indian Affairs.

[H. of R.

submitting, in a few words, the reasons of that vote. He Mr. POLK said, he hoped if any laws upon this subject was the more inclined to do so, from the consideration that were to be printed, all of them would be. He asked if he should vote differently from most of those with whom Georgia was the only State to be arraigned there as havhe generally acted upon this and other subjects. The re-ing passed laws on this subject. He was in favor of the port upon the Indian subject, already submitted by the recommitment.

committee, goes into detail, and presents their views of Mr. EVERETT, of Massachusetts, rose to inquire how the subject in its various bearings. The various referen-long it would take for the committee to arrange these laws ces contained in the report, to treaties, laws, and other do- for publication.

cuments, will prove that the committee have not been Mr. BELL said it would be difficult to answer the queswanting in labor. tion. It would involve the committee in responsibilities

From the indications which have been exhibited on this which they would gladly avoid. He did not conceive that floor, it is manifest that some individuals suspect the com- the laws of Georgia, Mississippi, and Alabama, had been mittee with having made a partial report, favorable in its referred to that committee. He hoped, if the gentleman bearing to one side of the question, omitting what should would take the pains to modify his resolution, it would be have been submitted on the other side. It must have been framed so as to be satisfactory to all.

from such suspicions as these that the gentleman from Mr. INGERSOLL said, he understood the President's Ohio, in the first instance, proposed his extraordinary ap-message to refer particularly to the laws of Georgia, and pendage to the report of the committee. Admitting, as those States which had lately passed laws upon the subject. he did, the intelligence of the gentleman from Ohio, he It had been stated, and reiterated on that floor, that it was would repeat his surprise that he should have so far de- not the intention of the Government to compel the forciparted from the well known custom of this House. If ble removal of the Indians. This was the point at issue. the member from Ohio had proposed simply the printing He referred to the importance of having these laws in quesof the laws of any State or States, for the information of tion before the House, in order that a proper judgment the House, the presumption is, no objection would have might be made on the subject.

been made.

Mr. L. said, the committee had performed their duty, with how much ability it was not for him to say. He was

content to leave that to others.

ment.

The SPEAKER informed Mr. G. that this was not a previous question.

Mr. GOODENOW then moved to lay the resolution on the table.

Mr. GOODENOW said, it seemed to be dangerous that they should not come to any decision upon this subject, and he would therefore make a motion which would leave it open to debate as now, but, he believed, bring the quesThey had already submitted to the House all they deem-tion nearer to a close. He moved an indefinite postponeed necessary and proper. Should they make a selection of the laws of the States, in conformity with the proposed instructions, no matter with how much fidelity and impartiality, they would again be liable to the censure of those who are disposed to suspect them of a partisan and one-sided spirit. The House understood the subject as well as the committee; whatever laws or other documents they might consider necessary to the elucidation of this subject, let them order it to be printed. Mr. L. said, as a member of this House, or that of a committee, he never would labor on responsibility. His motive in opposing this reference was not to avoid either; but, from a conviction that, when the committee had performed the duty proposed, the gentlemen who are not satisfied with the report of the committee, will be no better pleased with their selection of the laws of the States.

Mr. L. thanked the House for the respectful attention which he had uniformly received since he had the honor of a seat here; which consideration [he said] always admonished him not to consume a moment of the time of the House unnecessarily. He would therefore add no more, relying, as he did, on the wisdom of the House to give a proper direction to this subject.

Mr. STORRS, of New York, also gave his reasons for voting against the recommitment of the resolution. It would make a large volume. Such a task was almost impracticable. In the first place, all the laws are not here. It would be fitted to defeat the object. As for the laws of Georgia, he had been furnished with a newspaper containing them, and, therefore, for his individual use, he cared but little about them.

On this Mr. HUNTINGTON asked for the yeas and nays; but, the hour having expired, the subject was laid over.

The unfinished business of the day was laid over until Friday next.

THURSDAY, MARCH 4, 1830.
There was no debate of general interest this day.

FRIDAY, MARCH 5, 1830.

solution moved by Mr. VINTON, proposing to print the The House again resumed the consideration of the relaws of the States of Alabama, Georgia, and Mississippi, Mr. STERIGERE, to commit the same with instructions concerning the Indians within them; and the motion of to the Committee on Indian Affairs; with the pending motion of Mr. GOODENOW, to lay the whole on the table.

The motion to lay the whole on the table was decided in the negative by yeas and nays, as follows: yeas, 68nays, 108.

expiration of the hour for debating such subjects preventMr. WILDE then rose to address the House, but the ed him from proceeding.

SATURDAY, MARCH 6, 1830.

Mr. BURGES also opposed the recommitment, on the ground that the printing of all the laws on this subject would The House resumed the consideration of the order mov so far protract the time, as to prevent its being acted upon ed by Mr. VINTON on the 25th February ultimo. during the present session, and it was understood that The question recurred on the motion made by Mr. the laws of Georgia were to go into effect in June. He was STERIGERE on the 2d instant, to commit the said order about to state the effect of that law, by its giving the pow-to the Committee on Indian Affairs, with the instructions er to every officer in that State, down to a constable, to call out the militia-[when he was called to order, the question being only on the recommitting of the resolution, and not on the merits of the law of Georgia.] Mr B. proceeded to show the effect of attaching all other laws to those proposed to be printed. It would overthrow the intention of the resolution, and he therefore should not vote for it.

stated in the proceedings of the 2d instant: whereupon,

The said instructions were, on motion of Mr. WILDE, and by the consent of the mover, modified as follows: To collect from the Library of Congress, or any of the executive departments, such and so much of the colonial and State laws, as may there be found, respecting the government, privileges, restraints, protection, regulation, pre

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H. of R.]

Indian Affairs.

[MARCH 6, 1830. servation, or destruction of Indians or Indian tribes, resid- nothing. No gentleman, he believed, would deem it woring, or heretofore residing, within the several colonies or thy a moment's consideration. We printed yearly much States, respectively; so much thereof as regards their larger documents on less important subjects. He might lands or hunting grounds, their civil rights or disabilities, instance many. The claims of the Massachusetts militia-crimes committed, or contracts entered into by them; and those concerning French spoliations-those of Meade and the civil and criminal jurisdiction exercised by each colo- Beaumarchais-and, that he might not be thought to disny or State over them-and to cause a sufficient number criminate invidiously, he would add, the claims of Georof copies of such laws, so collected, to be printed for the gia and South Carolina. He mentioned all these merely use of the House. and purely as examples. He indicated no feeling of Mr. WILDE rose: The House, [he said] by the vote disapprobation. They were all, doubtless, proper to be given yesterday on the motion of the gentleman from Ohio, printed. [Mr. GOODENOW] had indicated a disposition to print what- In proposing to limit the inquiries of the committee to ever might be requisite for a proper understanding of the the Library of Congress and Department of State, he did subject. The gentleman's motion did not receive his vote, not design to exclude light from any other quarter. He because he was desirous-sincerely desirous, to get this did it wholly in deference to the fears of gentlemen who information. When he asked for a withdrawal of that mo-apprehended delay, and the great evil of a great book. tion, it was only for the purpose of stating a few facts. He Both he most earnestly desired to avoid. Some acts fancied an erroneous impression prevailed in relation to might not, some old colonial ones probably would not, the labor of collecting and the extent of printing these be found there; but, if so, gentlemen would no doubt laws. The gentleman, however, as he had a perfect right supply any that might be deemed important. They to do, thought proper to press his motion--probably only would at least be discovered, and referred to in debate. to test the sense of the House, to whom it proved as un- Enough certainly might be collected to exhibit the geneacceptable as it was to himself. It being now obvious that ral tone and character of legislation adopted by each a majority was in favor of printing all or a part of the in-State and colony. He thought knowledge of this kind formation sought for, the inquiry was, how our object would not be found useless. If it answered no other could be most easily and speedily effected. He had had an purpose, it might teach us forbearance. It was well opportunity of reflecting on this point. He had the advan- said, that the first idea of justice arose from hard knocks tage of some conversation, too, with gentlemen for whose between equal adversaries; of toleration, it might be addopinions he entertained great respect. He intended to ed, from mutual intolerance. Perhaps when gentlemen propose a slight change in the instructions, and would de-saw before them the legislation of all the colonies and tain the House with a word or two in explanation. States--when they saw and knew that others must see He omitted altogether the treaties included in his for-likewise whatever had been done--recently by their counmer proposition. He had inserted them then, rather in trymen, or in times past by their forefathers--it would oc deference to what he had imagined had fallen from the cur to them that a community of errors might well authohonorable gentleman from Tennessee, the chairman of rize the indulgence of a little mutual charity. Some althe Committee on Indian Affairs, [Mr. BELL] than for any lowance would probably be made for strong interests and other reason. These treaties, up to 1826, had been compil- excited passions, among people who had suffered much ed and printed by order of the War Department. They from savage violence, if it should be found that different were easily accessible to every one. Further reflection societies, at distant periods, in separate provinces, had had satisfied him it would not be necessary to include each acted on common maxims, adopted a similar policy, them, and, in that opinion, he believed he might assume and treated the same subject in like manner, and with the the gentleman himself concurred. same feelings. He did not mean to intimate that examples He [Mr. W.] had originally proposed to print a portion the most venerable could consecrate a wrong. of the judicial decisions of the States, leaving it to the that any portion of our fellow-citizens were to be re committee to select. Perhaps he owed some of the oppo- proached with the sins of their fathers, if sins they had sition his motion met with to that cause. He was unwil- committed. God forbid that he should reflect on the meling, without strong reasons, to increase the labor or re-mory of those brave, but somewhat stern--honest, though sponsibility of the committee. This must be the case if bitter zealots in the cause of civil and religious freedom, they were required to abridge the decisions. To print who, though persecuted themselves, could hardly tolerate them entire might impair the value of the collection, by toleration; and who, suffering every thing for conscience' increasing its bulk. On the whole, therefore, it had been sake, endured the perils, and hardships, and privations thought best to omit judicial decisions. The committee, of the wilderness, that they, and their children, and their then, if the motion were adopted, would only be required children's children, might escape the house of bondage. to select the State and colonial laws, and of these there All he meant to say was this: If his countrymen were inwould be printed merely a sufficient number for the use patient of the long continued presence of their savage

of the House.

Still less

neighbors, and sometimes struggled with them in the unHe had employed an hour in examining the State laws amiable and unchristian interchange of wrong for wrong, to be found in the library. The result of that examina- it might extenuate their restlessness to remember that tion induced him to believe that the laws of fifteen of the men more patient had also, in their day and generation, States, which had legislated most in detail for the Indians, been sorely moved to wrath by the cruel and wicked craft would not occupy more than sixty-three pages, printing of the red heathen.

on the mode

them entire. If abbreviated, as they well might be, not Mr. W. said, there was a further suggestion he felt so much. Every gentleman, on looking at them, would bound to make. We are told, we must examine the laws admit there were many minute, local, or temporary pro- of Georgia, Mississippi, and Alabama. They must be visions, that might be safely excluded. In the digests of printed. And why? Not to ascertain whether those States the remaining nine States, little or nothing was to be found. have a right to legislate over the Indians. No. It is ad. Their statute books, or old colonial acts, might contain a mitted, the right to legislate does not depend few laws or parts of laws proper to be extracted. Assum- in which it may be exercised. But our course, it is aling, however, that these nine States had legislated to an leged, should be shaped to meet the character of their extent equal to an average of the others, ninety-five or a legislation. We must inquire whether it is such hundred pages would include the whole. effects, will compel the Indians to remove. The time and labor required for this purpose could not then, is our inquest to be confined to Georgia, be much. The expense, compared with the object, was ma, or Mississippi The petitions and memorials of the

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MARCH 6, 1830.]

Indian Affairs.

[H. of R.

various religious societies, public meetings, and benevo- and others, who had been less fortunate or less zealous, lent ladies, are general in their terms. Why should we might, if it were not too late, attend and profit by them. attempt to limit the operation of their disinterested and Gentlemen might be found there, willing to transmit to expansive philanthropy? The bill reported by the com- the legislatures and people of their States whatever might mittee is general. It is intended to provide, beyond the be found worthy of imitation, in those beneficient proviMississippi, a permanent home, subsistence, comfort, and sions which had protected, effectually, the Norridgethe means of improvement, for such of the Indians as think wocks, the Scatecorks, the Orondocks, and the Pigwackets. proper to remove. Not to force them from their present His countrymen, he trusted, were not envious or fastidious. abodes, nor to set them down in the wilderness to starve. If an example were good, they would not ask who set it. What, then, limits our views to the Indians within the ter- Its value was the same, whether it came from the pious ritory of Georgia, or that territory which was once hers? pilgrims of the East, or the hardy pioneers of the West. Are we to have no feeling, but for one set of paupers, From the practice of either, they would be glad to learn whom we are advised, in the teeth of our own contract, to how the progress of the white, and preservation and hapsettle, not at our expense, upon another parish? If the piness of the red men, might be reconciled. legislation of any other State, besides those favored with the presence of the Creeks and Cherokees, operates hardly or oppressively on other Indians, may we not inquire Mr. W. continued: He was proceeding to show some whether the acts of that State are not calculated in their of the advantages which might result from the adoption of effects to degrade, or compel them to remove? What ex- his motion. If they were too numerous, or he had purcludes those Indians from our pity, or the legislation of sued them further than was agreeable to any gentleman that State from our cognizance? But the Indians of other there, or beyond the usual license of debate, he regretted States have not complained. And have the Choctaws or it. He had listened without impatience, while other genChickasaws complained? tlemen discussed this matter with much zeal and some free

[Here the SPEAKER reminded Mr. W. that his remarks were taking too wide a range.]

The merit of his proposition, if merit it had, was, that dom. Originally he did little more than state his proposiit would lay open all the information we could desire. It tion. Nothing till now had induced him to reply. It was comprehended all laws, all States, and all Indians. It made not his custom to trouble the House long or often. He no invidious distinctions--none that could ever be consider-would rather be tasked for silence than checked for speech; ed such. but when he saw his motion in danger both from friends

No gentleman had avowed an unwillingness to see the and adversaries, he was bound to offer it his feeble assistlaws of his own State printed, scrutinized, and canvassed. ance. He had so shaped it now, in deference to the opiHe presumed--it was his duty to presume-he took plea- nions of others, as to secure its principal advantages, and sure in presuming, no such unwillingness existed. For expose it to less opposition. His colleague, [Mr. LUMPhis own part, he most explicitly disavowed it. There was, KIN] in particular, he trusted, would no longer oppose it. there should be, no room for doubt, as to him. Every His object principally had been to show how little trouble gentleman would see, with pride and pleasure, whatever and how little printing it would cost. We had been threatwas wise and humane in the legislation of the State he re-ened by gentleman with a huge volume, if his motion presented; whatever seemed otherwise, he could doubt were adopted. A small pamphlet would be found suffiless justify, explain, or excuse. But it could not be re-cient. He had no affection for ponderous tomes of any quisite for the information of any one there, that the laws kind, not even those on Indian laws or treaties. He beof his own State should be presented to him. All, he sup-lieved, with Goldsmith, if angels should write books, they posed, knew, and many of the members, he believed, were would never write folios. The recorded speeches, too, of professionally skilled in the laws of their respective States. those heavenly visitants were few and short. In that they With those of others, it could hardly be assumed they differed from all mortal eloquence, saintly and profane. were more than generally, and somewhat superficially ac- He hoped that every gentleman who desired to address quainted. It was the laws of States other than his own, the House, had now fully expressed his opinions of the then, that every gentleman most desired to see. And for motion. He hoped it would prevail. He hoped the laws the same reason that gentlemen from Ohio, and Massachu- would be speedily collected and printed; and that they setts, and Rhode Island, wished to look into the laws of would proceed promptly, but calmly, to a consideration Georgia, and Mississippi, and Alabama gentlemen from of the main subject, with that temper which became matMississippi, and Alabama, and Georgia, might like to see ter of great moment, supposed to involve so deeply the the laws of Ohio, and Massachusetts, and Rhode Island. rights of the States, the welfare of the Indians, the chaFor himself, he confessed an anxiety to behold that pater-racter of that House, and the honor of the nation. nal or patriarchal code, (if there were any such,) under Mr. GOODENOW rose to explain why he did not withwhose shade numerous and warlike tribes, such as the draw his motion yesterday to lay the whole on the table, Pequods, the Mohigans, or the Narragansetts, had survived when the gentleman who had just addressed the House in peace as independent nations, or gradually and har-intimated his desire to speak. It would have given him moniously blended with the family of their white brethren. great pleasure to have done so, and he should have done Those States, under whose benign protection and legis-so had he been aware that the gentleman was going to lation the Indians had increased, flourished, been civilized communicate to the House the information he has now and converted, could not be unwilling to enjoy the honora- given. My object [said Mr. G.] was to save time, and to ble fame of such noble and generous actions, except from enable us to act upon this subject immediately; it is iman excess of christian humility. To that rare and holy portant it should be acted upon, and not passed over this feeling, wheresoever it existed, he now, and at all times, session. Mr. G. said he wished the question to be predid profound reverence; not with his lips merely, but he sented in its best possible view. hoped with his heart also. But in this instance, it it were necessary, for the sake of great public interests, he trusted the House would do gentle violence to the retiring spirit which concealed its charities. Surely, when so pressed, it would not withhold from others the benefit of its example, or a knowledge of the means by which such great additions had been made to the sum of human happiness.

Those States would impart their lessons and experience,

Mr. SPENCER said, it was never his object to shut out any light which was considered for the decision of a question. He expressed his concurrence in the proposition now made, and he hoped it would be adopted without further debate.

Mr. LUMPKIN said, that, having opposed the former project of his colleague, [Mr. WILDE] and believing that this was different from it, and calculated to accomplish the object he had, he would vote for it. The former pro

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position required the committee to print the laws of all the States relating to this subject-the legal decisions connected with it; and to examine, also, the decisions of the Supreme Court. That would make the duties of the committee too laborious, and so tedious that it would protract the object to a period at which we could not have time to act upon it. I concur in the proposition, [said Mr. L.] and I hope the House will concur in it without further discussion.

Mr. EVERETT, of Massachusetts, inquired of the gentleman from Georgia, [Mr. WILDE] whether this amendment would include the laws of Georgia, Alabama, and Mississippi, for the last two or three years. These were the only laws needed to enable the House to act on the bill from the Committee on Indian Affairs. He said that. the laws were not punctually received at the library.

Mr. WILDE replied, that if the laws referred to in his proposition were not in the library, they might probably be in the Secretary of State's office. It was with this view he worded his amendment. If it was not sufficiently explicit, he was willing to modify it, so as to meet the views of gentlemen.

Mr. EVERETT thought that they would be more probably found in the office of the Secretary of War, or, in the Indian bureau, than in the office of the Secretary of State. He suggested so to modify the amendment that it would embrace "in any of the offices of the public departments."

This modification was accepted by Mr. WILDE.

[MARCH 8, 9, 10, 1830.

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On motion of Mr. BUCHANAN, the House then resolv ed itself into a Committee of the Whole, Mr. CAMBRELENG in the chair, and resumed the consideration of the Judiciary

Mr. BURGES said he would be glad, for the sake of history, that all the laws of the several States having re-bill. lation to the Indian tribes residing within them should be printed. But his object, in the present instance, was to see the laws of those States which brought us to a consideration of this question. He wished to see the laws of the Southern States, which were before the Committee on Indian Affairs, and upon which the committee has reportWe have not seen these laws, and he hoped they would be all printed as soon as possible.

ed.

Mr. WICKLIFFE addressed the committee in continuation of his remarks of yesterday; and, when he concluded, Mr. SPENCER, of New York, rose, and spoke in reply. Mr. DANIEL then renewed his motion to amend the bill in the manner heretofore proposed by him. When the amendment was read by the Clerk,

The committee, on the motion of Mr. DANIEL, rose, reported progress, and asked and obtained leave to sit again.

Mr. B. then went on to consider the amendment proposed by Mr. WILDE. It includes [said he] the judicial [The following is a full report of the remarks of Mr. decisions made on the subject of the Indians. We do WICKLIFFE.] not want them; and, if we did, it would be impossible for The bill under consideration [said Mr. W.] is admitted, the committee to select and have them printed in any rea-by all who have participated in the debate, to be of vital sonable time. No historian would dare to make such a importance to the Union. It proposes to extend the jucompilation in less than six months' research. As to the diciary system of the United States to that portion of this laws mentioned in this proposition, no one knows where confederacy, which, under its present organization, is exthey are to be found. He hoped, therefore, that the com- cluded from all participation in that important department mittee would not be delayed in this antiquarian research. of our Government. To do this, it is believed to be neMr. B. then proceeded to show the dissimilarity which cessary to increase the number of the justices of the Suexisted between the relations of the Northern and the preme Court. If the subject does not of itself possess Southern States to the Indians residing within them, respec-sufficient interest; if the able and talented gentlemen who tively. With the Indian tribes who resided in the Northern have already favored the committee with their views, have States, no treaties have ever been made, yet a remnant of not been able to impart to it importance sufficient to elicit them still reside there. What relation, then, what con- the attention of the members, whose duty it will be soon nexion, [he asked] had their situation with that of the In- to decide upon it, I despair of success in any effort of dian tribes residing in Georgia, Alabama, and Mississippi? The SPEAKER here informed Mr. B. that the hour for considering resolutions, &c. had elapsed. He then discontinued his remarks.

MONDAY, MARCH 8, 1830.

mine.

But, sir, I owe a duty to my constituents, to myself, as a member of the judiciary committee, and to that committee, which I must discharge, however unsatisfactory to myself, or painful to those who honor me with their at

tention.

Sir, this is no new subject thrown upon this House, it is The House resumed the consideration of Mr. VIN- no innovation upon the established institutions of our counTON'S motion to print the acts of Georgia, &c. relating try. It is one to which the deliberations of every Conto the Indians-the question being on Mr. STERIGERE'S gress for the last ten years have been invited, by the mes motion to commit the resolution, with the instructions sages of three successive Presidents of the United States, moved by Mr. WILDE. It is not connected with the party politics of the day, and Mr. BURGES concluded the speech he commenced on should be discussed and decided, with reference to the Saturday on the subject, and was replied to by Mr. BELL question itself, as one worthy of a liberal and enlightened and Mr. HAYNES. On the suggestion of Mr. BELL, the judgment.

instructions were modified, so as to omit the word "de-[ The constitution vests the judicial power of the United States in one Supreme Court, and in such inferior courts

struction," and substitute "restraint."

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