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APRIL 9, 1830.] /

The Indians.

(SEXATE,

same.

held at Dewitt's corner-next appear “the South Caro- spirits, and with the grateful conviction that the successors Lina full powers,” for the like purpose--and lastly, the of Washington are still true to his memory. Creek and Cherokee “full powers." These powers are What could have wrought (said Mr. F.) this entire reopened and exchanged at this Congress, and a treaty is volution in opinions, and in three short years? Our relaagreed upon by the plenipotentiaries, establishing peace, tions with the Indians have not changed. Condition and and the future boundaries between their respective terri- circumstance, claim and obligation, remain precisely the tories.

And yet, now we hear that these Indians have In many of the treaties made by the United States with been for all the time, since Georgia had existence, a comthe Cherokees and Creeks, large sections of land were ponent part of her population; within the full scope of relinquished to us, which, by our compact with the State of her jurisdiction and sovereignty, and subject to the conGeorgia, we received for her use. She never questioned, trol of her law! at those times, our right to treat for those lands, nor the The people of this country will never acquiesce in such Indian's right of granting them; but gladly availed herself violent constructions. They will read for themselves; and of such rich accessions to her domains, and proceeded when they shall learn the history of all our intercourse with very promptly to distribute them amongst her citizens. these nations; when they shall perceive the guaranties so Now, it is a fundamental maxim in all codes of law which often renewed to them, and under what solemn sanctions, acknowledge the obligations of equity and good con- the American community will not seek the aids of artifiscience, that if a party is silent when these old fashioned cial speculations on the requisite formalities to a technical rules of upright dealing require him to speak, he shall treaty. No, sir. I repeat it: They will judge for themforever thereafter hold his peace. The application of this selves, and proclaim, in language that the remotest limit sound and wholesome rule will instantly strike the moral of this republic will understand--"call these sacred apprehensions of every member of the Senate. pledges of a nation's faith by what name you please, our

i am indebted to the State of Georgia for a clear and word has been given, and we should live and die by our very satisfactory exposition of the nature of Indian trea- word.” ties, and the obligations that arise from them. It is an If the State of Georgia is concluded, and morally bound authority for positions, which I have had the honor to to stay her hand from invading the lands or the government maintain, of the greater weight, as it proceeds from the of the Indians, the States of Mississippi and Alabama are highest functionary of her Government. In February, equally and more strongly obliged. They came into the 1825, the Creeks, by a treaty made with the United States, Union after most of the treaties had been made. The formceded all their lands to us within the geographical limits er in 1816, and the latter in 1819. These obligations were of Georgia, for the use of that State. By an article in liens upon the confederacy, and they must take the benethe treaty, it was provided that the United States should fits with the burthens of the Union. They cannot comprotect the Indians against the encroachments, hostilities, plain of concealment or surprise. These conventions were and impositions of the whites, &c. &c. until the removal all public and notorious; and the Indians under their daily of the Indians should have been accomplished according view, in actual separate possession, exercising the rights of to the terms of the treaty. The Governor of Georgia, on sovereignty and property. the 22d day of March, of the same year, issued his pro Moreover, we have heard much of constitutional powclamations as “Governor and Commander-in-Chief of the ers and disabilities in this debate. Sir, I proceed to dearmy and navy of the said State, and of the militia there. monstrate that both Mississippi and Alabama are, by a funof," in which, after stating the conclusion of the treaty damental inhibition in the constitution of their Governalready mentioned, and the article in it for the protection ment, prevented from extending their laws over the Inof the Creeks, the Governor proceeds: “I have, there- dians. "When Georgia, in 1802, granted to the United fore, thought proper to issue this, my proclamation, warn- States the territory that composes the greater part of ing all persons, citizens of Georgia, or others, against these two States, she made it an express condition of the trespassing or intruding upon lands occupied by the In- cession, that the States to be formed of it should conform dians within the limits of this State, either for the purpose to all the articles of “the ordinance for the government of settlement or otherwise, as every such act will be in of the territory northwest of the Ohio," excepting one sindirect violation of the provisions of the treaty aforesaid, gle article prohibiting involuntary servitude. When these and will expose the aggressors to the most certain and States applied to the General Government to be formed summary punishment by the authorities of the State, and into territories, this eventful condition of the Georgia of the United States. All good citizens, therefore, pur- cession was remembered by all parties. Mississippi and suing the dictates of good faith, will unite in enforcing the Alabama, in the most deliberate manner, agreed to the obligations of the treaty as the supreme law," &c. condition, and assumed the articles of the ordinance as an

The Senate will perceive that this Executive injunction integral part of their political condition. When they affounds its requirements, explicitly, upon the faith and au-terwards proposed to us to be received into the Federal thority of the treaty, as the supreme law; and this a treaty Union, acts of Congress were duly passed, authorizing made with Indians. Yes, sir, a treaty with a part of the them respectively to form a constitution and State Govern. very Indians now asserted by Georgia to be below the ment for the people within their territories, with this proreach of treaties--poor objects! with whom it is declared viso—"That the same, when formed, shall be republican, to be ridiculous and idle to speak of treating!

and not repugnant to the principles of the ordinance of Sir, she cannot recall her proclamation. Give these the 13th July, A. D. 1787,"for the territory northwest of sacred doctrines their full operation here; let their influ- the Ohio, and they were afterwards, upon duly certifying ence prevail in the eventful issue now opened for our de- to Congress that they had conformed to those principles cision; and the Indians, who are involved in it, will be and engrafted them into their constitucion, admitted into satisfied. They have approached us with no other plea; the republic. The third article of this ordinance I have they urge no other or higher considerations. They point already read and considered, and will only add, that huus to the faith of treaties, and implore us by the constitu- man wisdom and skill could not have devised a more effectional obligation of these national compacts, to raise around tual safeguard to the Indian tribes, than are now incorpoour ancient allies the effective defences which we have so rated into the laws and constitutions of the States of Misoften promised to maintain. Carry out these rules of sissippi and Alabama. It would have been well in these public duty, and the Cherokee delegation, who have been States to have reviewed their own origin, to have exami:)waiting at your doors with anxious interest, will return to ed the sources of their power, before they, rashly and in their home relieved from the burthen that now sinks their disregard of principles that are essential to their political

SENATE.]

The Indians.

[APRIL 9, 1830.

existence, usurped dominion over a community of men as exactions are set in operation elsewhere, to drive them to perfectly independent of them as they are of Mexico. such a choice. By the modification I have submitted, I And shall we, sir, quietly submit to the breach of condi- beg for the Indian the poor privilege of the cxercise of tions that we tendered as the indispensable terms of their his own will. But the law of Georgia is not yet satisfied. admission, that were fairly propounded, and freely and The last section declares, " that no Indian, or descendant fully accepted? Why, sir, it appears to me that the ful- of any Indian, residing within the Creek or Cherokee na. filment of solemn contracts, the good faith of the public tions of Indians, shall be deemed a competent witness in treaties, the fundamental provisions of State constitutions, any Court of this State, to which a white person may be are to be regarded as matters of very trifing obligation, a party, except such white person resides within the said when they are all to be broken through to reach a feeble nation.” It did not suffice io rob these people of the last and unoffending ally: With a man of truth and honesty, vestige of their own political rights and liberties; the work such high considerations as address us would supersede was not complete until they were shut out of the protecthe occasion for argument; and how can we evade them tion of Georgia laws. For, sir, after the first day of June without deep dishonor!

next, a gang of lawless white men may break into the I have complained of the legislation of Georgia. I will Cherokee country, plunder their habitations, murder now refer the Senate to the law of that State, passed on the mother with the children, and all in the sight of the the 19th December, 1829, that the complaint may be jus- wretched husband and father, and no law of Georgia will tified. The title of the law would suffice for such pur. reach the atrocity. It is vain to tell us, sir, that murder pose without looking further into its sections. After stat- may be traced by circumstantial probabilities. The charge ing its object of adding the territory in the occupancy of against this state is, you have, by force and violence, the Cherokee nation of Indians to the adjacent counties of stripped these people of the protection of their governiGeorgia, another distinct office of this oppressive edict of ment, and now refuse to cast over them the shield of your arbitrary power is avowed to be, “to annul all laws and or- own. The outrage of the deed is, that you leave the dinances made by the Cherokee nation of Indians.” And, poor Indian helpless and defencekss, and in this cruel sir, the act does annul them effectually. For the seventh way hope to banish him from his home. Sir, if this law section enacts, “that after the first day of June next, all be enforced, I do religiously believe that it will awaken Jaws, ordinances, orders, and regulations of any kind tones of feeling that will go up to God, and call down the whatever, made, passed, or enacted by the Cherokee In- thunders of his wrath. dians, either in general council, or in any other way what The end, however, is to justify the means.

"The re. ever, or by any authority whatever, of said tribe, be, and moral of the Indian tribes to the west of the Mississippiis the same are hereby declared to be, null and void and of demanded by the dictates of humanity.” This is a word no effect, as if the same had never existed.” Sir, here of conciliating import. But it often makes its way to the we find a whole people outlawed-laws, customs, rules, heart under very doubtful titles, and its présent claims government, all, by one short clause, abrogated and de- deserve to be rigidly questioned. Who urges this plea? clared to be void as if they never had been. History fiir- They who covet the Indian lands--who wish to rid thennishes no example of such high handed usurpation--the selves of a neighbor that they despise, and whose State dismemberment and partition of Poland was a deed of pride is enlisted in rounding off their territories. But humane legislation compared with this. The succeeding another matter is worthy of a serious thought. Is there clauses are no less offensive; they provide that "if any such a clause in our covenants with the Indian, that person shall prevent by threats, menaces, or other ineans, when we shall deem it best for him, on the whole, we or endeavor to prevent any Indian of said nation from may break our engagements and leave him to bis perse: emigrating, or enrolling as an emigrant, he shall be liable cutors? Notwithstanding our adversaries are not entitled to indictment and continement in the common gavl, or at to the use of such humane suggestions, yet we do not hard labor in the penitentiary, not exceeding four years, shrink from an investigation of this pretence. It will be at the viscretion of the Court; and if any person shall de. found as void of support in fact as the other assumptions ti", or oiter to deter, any lodian, head man, chief, or war- are of principle. rior of said nation, from selling or ceding to the United It is alleged that the Indians cannot fourish in the States, for the use of Georgia, the whole or any part of neighborhood of a white population, that whole tribes said territory, or prevent, or offer to prevent, any such have disappeared under the influence of this propinquity. persons from meeting in council or treaty any commission. As an abstract proposition, it implies reproach some. er or commissioners on the part of the United States, for where. Our virtues certainly have not such deadlly and any purpose whatever, he shall be guilty of a high misde- depopulating power. It must, then, be our vices that meanor, and liable, on conviction, to confinement at hard possess these destructive energies--and shall we comint labor in the penitentiary, for not less than four, nor longer injustice, and put in, as our plea for it, that our interthan six years, at the discretion of the Court.” It is a course with the Indians has been so demoralizing that we crime in Georgia for a man to prevent the sale of his must drive them from it to save them? True, sir, many country, a crime to warn a chief or head man that the tribes have melted away; they have sunk lower and lower; agents of the United States are instructed “to move upon and what people could rise from a condition to which pohim in the line of his prejudices,” that they are coming to licy, selfishness, and cupidity conspired to depress them. bribe him to meet in treaty with the commissioner. By Sir, had we devoted the same care to clerate their mothe way, sir, it seems these treaties are very lawful, when ral condition that we have to degrade them, the removal made for the use of Georgia.

of the Indian would not now seek for an apology in the It is not surprising that our agents advertised the War suggestions of humanity. But I waive this, and, as to the Department, that if the General Government refused to matter of fact, how stands the account? Wherever a fair interfere, and the Indians were left to the law of the experiment has been made, the Indians have readily yieldSttes, they would soon exchange their lands and remove. ed to the influence of moral cultivation.

Yes, sir, they To compel, Ly harsh and cruel penalties, such exchange, fourish under this culture, and rise in the scale of being is the broad purpose of this act of Georgia, and nothing They have shown themselves to be highly susceptible of is wanting to fill up the picture of this elisgraceful system, improvement, and the ferocious feelings and liabits of the ment or proviso. Then it will all seem fuir on our statute religion. They can very soon be taught to understand books. It legislates for none but those who may choose and appreciate the blessings of civilization and regular to remove, while we know that grinding, heart-breaking government. And I have the opinions of some of our

APRIL 9, 1830.]

The Indians.

(SENATE.

1

most enlightened statesmen to sustain me. Mr. Jefferson, and likewise in agriculture and the ordinary arts of life.” nearly thirty years ago, congratulates his fellow citizens Now, sir, when we consider the large space which these upon the hopeful indications furnished by the laudable illustrious men have filled in our councils, and the perefforts of the Government to meliorate the condition of fect confidence that is due to their official statements, those he was pleased to denominate “our Indian neigh-is it not astonishing to hear it gravely maintained, that bors.” In his message to Congress, on the 8th of Decem- the Indians are retrograding in their condition and characber, 1801, he states, “ among our Indian neighbors, also, ter; that all our public anxieties and cares bestowed up. a spirit of peace and friendship generally prevails; and 1 on them have been utterly fruitless, and that for very am happy to inform you that the continued efforts to in. pity's sake we must get rid of them, or they will perish troduce among them the implements and practice of hus on our hands? Sir, I believe that the confidence of the bandry, and of the household arts, have not been without Senate has been abused by some of the letter writers, success. That they are becoming more and more sensible who give us such sad accounts of Indian wretchedness. of the superiority of this dependence for clothing aud I rejoice that we may safely repose upon the statements subsistence over the precarious resources of hunting and contained in the letter of Messrs. J. L. Allen, R. M. Lifishing. And already are we able to announce that, instead vingston, Rev. Cyrus Kingsbury, and the Rer. Samuel A. of that constant diminution of numbers produced by their Worcester. The character of these witnesses is without wars and their wants, some of them begin to experience reproach, and their satisfactory certificates of the im. an increase of population.” Upon the authority of this provement of the tribes, continue and confirm the history great statesman, i can direct our Government to a much furnished to us in the several messages from which I have more effective, as well as more just and honorable remedy just read extracts. for the evils that afflict these tribes, than their proposed It is further maintained, “that one of the greatest evils remoral into the wild uncultivated regions of the Western to which the Indians are exposed is, that incessant pres. forests. In a message to Congress, on the 17th October, sure of population, that forces them from seat lo seat, 1803, Mr. Jefferson remarks, “with many of the other In- without allowing time for moral and intellectual improvedan tribes, improvenients in agriculture and household menit.” Sir, this is the very reason—the deep, cogent, manufactures are advancing, and with all our peace and reason, which I present to the Senate, now to raise the friendship are established on grounds much firmer than barrier against the pressure of population, and with all heretofore.In his message of the 2d December, 1806, the authority of this nation, command the urging tide there is a paragraph devoted to this subject deserving of “ thus far and no farther.” Let us save them now, or our most respectful consideration. The friends of Indian we never shall. For, is it not clear as the sunbeam, sir, rights could not desire the aid of better sentiments than that a removal will aggravate their woes? If the tide is Mr. Jefferson inculcated in that part of the message where nearly irresistible at this time, when a few more years he says, “ We continue to receive proofs of the growing shall fill the regions beyond the Arkansas with many more attachment of our Indian neighbors, and of their disposi- millions of enterprising white men, will not an increased tion to place all their interests under the patronage of the impulse be given, that shall sweep the red men away inUnited States. These dispositions are inspired by their to the barren prairies, or the Pacific of the West? Such, confidence in our justice; and in the sincere concern we I fear, will be their doom. feel for their welfare. And as long as we discharge these If these constant removals are so afflictive, and allow high and honorable functions with the integrity and good no time for moral improvement; if this be the cause why faith which alone can entitle us to their continuance, we the attempts it Indian reformation are alleged to have may expect to reap the just reward in their peace and been so unavailing; do not the dictates of experience, friendship.” Again, in November, in 1808, he informs then, plead most powerfully with us, to «lrive them no the Congress that “with our Indian neighbors the public further; 10 grant them an abiding place, where these mopeace has been steadily maintained; and generally from a ral causes may have a far and uninterrupted operation in conviction that we consider them as a part of ourselves, moulding and refining the Indian character. And, sir, and cherish with sincerity their rights and interests, the weigh a moment the considerations that address us on attachment of the Indian tribes is gaining strength daily, behalf of the Cherokees especially. Prompted and enis extending from the nearer to the more remote, and will couraged by our counsels, they have in good earnest reamply requite us for the justice and friendship practised solved to become men, rational, educated, Christian men; towards them. Husbandry and household manufactures and they have succeeded beyond our most sanguine are advancing among them, more rapidly with the South-hopes. "They have established a regular constitution of ern than Northern tribes, from circumstances of soil and civil government, republican in its principles. Wise and climate."

'beneficent laws are enacted; the people acknowledge Mr. Madison, in his message of November, 1809, like their authority, and feel their obligation. A printing wise bears his public testimony to the gradual improve press, conducted by one of the nation, circulates a week. ment of the Indians. “ With our Indian neighbors,” he ly newspaper, printed partly in English and partly in the remarks, “ the just add benevolent system continued to Cherokee language--schools flourish in many of their wards them, has also preserved peace, and is more and settlements--Christian temples, to the God of the Bible, more advancing habits favorable to their civilization and are frequented by respectful, devout, and many sincere happiness." I will detain the Senate with but one more worshippers. God, as we believe, has many people testimonial, from another venerable Chief Magistrate. among them, whom he regards as the “apple of his eye.” Mr. Monroe, as lately as 1824, in his message, with great They have become better neighbors to Georgia. She satisfaction, informs the Congress that the Indians were made no complaints during the lapse of fifty years, when "making steady advances in civilization and the improve the tribes were a horde of ruthless, licentious, and drun. ment of their condition."

Many of the tribes," he ken savages; when no law controlled them; when the continues, “ have alreally made great progress in the arts only judge wits their will, and their avenger the to:naof civilized life. This desirable result has been brought hawk. about by the humane and persevering policy of the Gov. Then, Georgia could make treaties with them, and acerament, and particularly by means of the appropriation knowledge them as nations; and in conventions trace for the civilization of the Indians. There have been es- bound: lines, and respect the land-marks of her neig tablished, under the provisions of this act, thirty-two bor: and 110w, when they begin to reap the fruits of all schools, conta'ning nine hundrel and sixteen scholars, the paternal instructions, so repeateilly and earnestly #10 are well instructed in several branches of literature, delivered to them by the Preslenis--when the Chero.

SENATE.]
Confirmation of certain Land Claims.

[APRIL 10, 1830. kee has learned to respect the rights of the white man, bid sensibilities. He speaks out as became a determined and sacredly to regard the obligations of truth and con- statesman. We can trace in this document the same spirit science—is this the time, sir, to break up this peaceful which shed its influence on a more eventful paper-the community, to put out their council fires, to annul their declaration of our rights, and of our purpose to maintain laws and customs, to crush the rising hopes of their and defend them. He looked right onward, into the youth, and to drive the desponding and discouraged broad path of public duty; and if, in his way, he met the Indian to despair? Let it be called a sickly humanity- terrors of State collision and conflict, he was in no degree every freeman in the land, that has one spark of the spirit intimidated. The faith of treaties was his guide; and he of his fathers, will feel and denounce it to be an unparal. would not flinch in his purposes, nor surrender the Inleled stretch of cruel injustice. And, if the deed be dians to State encroachments. Let such decided policy done, sir, how it is regarded in Heaven will, sooner or go forth in the majesty of our laws now, and, sir, Georlater, be known on earth; for this is the judgment-place gia will yield. She will never encounter the responsibiliof public sins. And all these ties are to broken asunder, ties or the horrors of a civil war. But if she should, no for a State that was silent and acquiesced in the relations stains of blood will he on our skirts; on herself the guilt of the Indians to our present Government—that pretend- will abide forever. ed to no right of direct interference whilst these tribes Sir, (said Mr. F.) if we abandon these aboriginal prowere really dangerous; when their ferocious incursions prietors of our soil, these early allies and adopted chil. justly disturbed the tranquillity of the fire-side, and dren of our forefathers, how shall we justify it to our waked the “sleep of the cradle,” for a State that seeks country? to all the glory of the past, and the promise of it now against an unoffending neighbor, which implores the future? Her good name is worth all else besides that her by all that is dear in the graves of her fathers; in the contributes to her greatness. And, as I regard this crisis traditions of by-gone ages; that beseeches her by the ties in her history; the time has come when this unbought trea. of nature, of home, and country, to let her live unmo- sure shall be plucked from dishonor, or abandoned to relested, and die near the dust of her kindred!

proach. Sir, our fears have been addressed in behalf of those How shall we justify this trespass to ourselves? Sir, States whose legislation we resist: and it is inquired we may deride it, and laugh it to scorn now; but the oc. with solicitude, would you urge us to arms with Georgia?casion will meet every man, when he must look inward, No, sir. This tremendous alternative will not be neces- and make honest inquisition there. Let us beware how, sary. Let the General Government come out, as it should, by oppressive encroachments upon the sacred priveleges with decided and temperate firmness, and officially an- of our Indian neighbors, we minister to the agonies of nounce to Georgia, and the other States, that if the In- future remorse. dian tribes choose to remain, they will be protected I have, in my humble measure, attempted to discharge against all interference and encroachment; and such is a public and most solemn duty towards an interesting por. my confidence in the sense of justice in the respect for tion of my fellow men. Should it prove to have been as law, prevailing in the great body of this portion of our fruitless as I know it to be below the weight of their fellow-citizens, that I believe they would submit to the claims, yet even then, sir, it will have its consolations. authority of the nation. I can expect no other issue. Defeat in such a cause is far ahove the triumphs of unBut if the General Government be urged to the crisis, ne- righteous power; and in the language of an eloquent ver to be anticipated, of appealing to the last resort of writer-"I had rather receive the blessing of one poor her powers; and when reason, argument, and persuasion Cherokee, as he casts his last look back upon his country, fail, to raise her strong arm to repress the violations of for having, though in vain, attempted to prevent his bar the supreme law of the land, I ask, is it not in her bond, ishment, than to sleep beneath the marble of all the Cas sir? Is her guaranty a rope of sand? This effective sars." weapon has often been employed to chastise the poor Indians, sometimes with dreadful vengeance, I fear; and

SATURDAY, APRIL 10, 1830. shall not their protection avail to draw it from the scabbard? Permit me to refer the Senate to the views of Mr. CONFIRMATION OF CERTAIN LAND CLAIMS. Jefferson, directly connected with this delicate, yet sa On motion of Mr. ELLIS, the Senate proceeded to the cred duty of protection. In 1791, when he was Secreta- consideration of the bill for confirming certain claims to ry of State, there were some symptoms of collision on the lands in the district of Jackson Court House, in the State Indian subject. This induced the letter from him to Gen. of Mississippi; and, after a brief explanation, Mr. ELLIS Knox, then our Secretary of War, a part of which I will moved to amend the bill, by striking out “the mirumuna read: “ I am of opinion, that Government should firmly price," and inserting “fifty cents per acre." maintain this ground: that the Indians have a right to the Mr. FOOTE said, he thought it would hardly consist occupation of their lands, independent of the States within with the plighted faith of the Government to adopt the whose chartered limits they happen to be; that, until they amendment. The United States bad given their pledge cede them by treaty, or other transaction equivalent to a that no land should be sold at a price less than that fixed treaty, no act of a State can give a right to such lands; by law; and as the minimum price was now fixed at one that neither under the present constitution, nor the an-dollar and twenty-five cents per acre, these lands ought cient confederation, had any State or person a right to not to be given for a lower sum, unless the law was chang treat with the Indians, without the consent of the General ed so as to operate equally on all purchasers. Government; that that consent has never been given by Mr. ELLIS replied, that it was not his intention to en any treaty for the cession of the lands in question; that barrass the bill at this late period of the session, and be the Government is determined to exert all its energy for would therefore withdraw his amendment. the patronage and protection of the rights of the Indians, Mr. FORSYTH said, if he understood the subject and the preservation of peace between the United States rightly, the bill provided for confirming the claim of one and them; and that, if any settlements are made on land individual to twelve hundred and fifty acres only, when that not ceded by them, without the previous consent of the individual claimed one hundred thousandacres under a SpanUnited States, the Government will think itself bound, ish grant. If this person had a just title to the whole one mot only to declare to the Indians that such settlements are hundred thousand acres, he ought to have it. He belierwithout the authority or protection of the United States, ed that the passage of the law would be either an injury but to remove them also by public force.

to the individual, or to the United States, for if his otie Mr. Jefferson seems to have been disturbed by no mor- was not good for the whole amount claimed by him, it was

APRIL 10, 1830.

Surgeon General of the Navy.

(SENATE.

defective as to the number of acres proposed to be con- and KANE, in opposition, and Mr. BIBB, in support of firmed to him.

the amendment, the question was taken, and it was reMr. ELLIS said the title of Lewis Baudray to one hun-jected. dred thousand acres of land was unquestionable; and was Mr. FOOT said, if he was not very much mistaken, derived from a Spanish grant made as far back as the year this bill would introduce an entirely new principle in our 1790. It was well known to the Senate, that Congress land legislation. He hoped that the faith of treaties might had invariably refused to sanction confirmations to large be rigidly adhered to, and their provisions strictly enforc. grants. There were the grants 10 Maison Rouge, Baron ed, in every instance. If he rightly understood the proBastrop, &c. which Congress refused to sanction, solely visions of the bill, it not only secures the Spanish claimon the ground that they were for such large tracts. He ants in all their rights, but it even goes farther, it secures had no doubt that, under the treaty, all the claimants were to them rights which they had never yet satisfactorily esentitled to the lands they held under Spanish grants, be: tablished. He was desirous of obtaining further informacause the treaty expressly stipulates that their rights shall tion, before he could vote for the bill. He said that there be guaranteed to them. With respect to the proviso ob- was no case, within his recollection, in which the United jected to by the gentleman from Georgia, he was in favor States Government had passed laws to make up the de. of it, inasmuch as it gave to Lewis Baudray a complete ficiency of Spanish titles. It was, therefore, he believed, title to twelve hundred and fifty acres; and if he chose to an entirely new principle in legislation; and he was not, accept that in lieu of the large grant he claimed under it, with the present lights, prepared to support it. was his own consideration.

The question was then taken, and the bill ordered to Mr. FORSYTH said there was something in the matter be engrossed and read a third time-ayes 21. he did not distinctly understand, and the difficulty was in. creased by the report. In the list of claims was that of

SURGEON GENERAL OF THE NAVY. Lewis Baudray, confirmed to his wife Margaret Morales, On motion of Mr. HAYNE, the bill creating the office in 1808, with testimony of inhabitation and cultivation, of Surgeon General of the Navy was taken up: but there was no order for the survey to take place.

Mr. HAYNE said that, previous to taking the question Mr. BARTON said that the usual course pursued to ob- on the passage of this bill, he wished to avail himself of tain grants of land under the Spanish authorities, had been the advantages suggested by his friend from Virginia, first to obtain a warrant of survey, so that there might be (Mr. Tazewell] when this bill was under discussion on a Re dispute of title; this was not always done, nor was it former day; and, in accordance to the views of that genabsolutely necessary. The settlement of a tract of land, tleman, introduced a clause for the regulation of the navy and proof of inhabitation and cultivation for three years, ration. He knew of no better mode of increasing the was sufficient to perfect the title. This individual, if he comforts, adding to the enjoyments, and promoting the had not complied with the letter of the law, had, at all health, of our seamen, than by the amendment he was events, made the settlement: for the fact of inbabitation about to introduce. It was, he said, very desirable that from 1808 to 1828, was distinctly proved. Thousands of the crews of our public vessels should be supplied with as, such cases had occurred in Missouri, and indeed in all many of those articles of comfort, to which they have the country which was obtained under the Louisiana pur- been accustomed, as the interests of the navy and the chase, and Congress had passed laws to confirm such country would permit

. The experience of England and grants: for i: frequently happened that no survey had France, to which he had alluded on a former day, affordbeen made; but the occupation and cultivation was deem- ed some light on this subject, and their naval regulations, ed sufficient, and the United States Surveyor Jaid off with respect to the ration, were now before him. He did the tracts. He was satisfied that, in this case there had not design to follow either; but he wished to introduce been an original concession, as it was called, or warrant an amendment which would enable the President to try, of survey which may have been lost; and it was also high- at such times and places as he might deem most suitable ly probable that the Spanish officers had exceeded their to the comforts of the sailor and the interests of the counpowers; but by limiting the confirmation to the number of try, how far sugar, coffee, tea, cocoa, wine, and raisins, acres provided for in the bill, justice would be done both might be substituted for the beef, pork, and whiskey, to the United States and to the individual.

with which our crews are at present supplied. In no inHr. BIBB offered the following proviso, as an amend. stance, however, would the ration exceed twenty-five ment: “But shall be in satisfaction and extinguishment cents, as provided for by the present law. The British of the claim or demands of said claimants, respectively, ration amounted to about twenty-two cents. to any other or greater quantity of land, as against the In introducing this amendment, liis object was to make United States; and all persons or person claiming, or to an experiment, and to see how far our efforts may tend to claim, under the United States."

introduce a system of temperance in the navy--temper. Mr. ELLIS regretted that the Senator from Kentucky ance, such as entire abstinence from spirituous liquors, had offered this amendment. If he would reflect, he being among the schemes of the day. He was not diswould see that it was in contravention of the treaty of posed to think that such a schene would suit the navy at France, by which Louisiana was acquired. The treaty present. Indeed, he thought, if it were enforced, that it provided that every person inhabiting the ceded territory, would be impossible to get crews. But a gradual change should be protected in the enjoyment of his life, religion, might be effected, both in the appetite, the manners, and and property. These rights were considered as property, morals, of our sailors, by judicious regulations; and, if and consequently, the adoption of the amendment would part of their grog was exchanged for tea and coffee, &c. be a violation of the rights secured by the treaty. he was of the opinion that it would have a happy effect

Mr. BIBB said it was important to enforce the princi- on the health, the morals, and the constitution, of our tars. ple, that those who did not present their claims, and sup

Mr. HOLMES wished to know if it was intended that port them by proper testimony, should forfeit thein. Con- the sailor should receive money in part for his grog. If gress had appointed commissioners to examine into the va- so, the evil complained of by Mr. HAYNE would not be prelidity of all Spanish grants, and those who did not present vented; because, so soon as the sailor got his money, he before them their testimony to establish their titles, could would go off and purchase grog. This was the evil Mr. not now have very strong claims on the United States. It H. would like to see prevented. was not safe to the Government to leave such important Mr. HAYNE replied, that the object and effect of the subjects still undecided.

amendment would be to enable the Executive to allow, as After a few remarks from Messrs. BARTON, ADAMS, circumstances require it, the sailor to draw only part of

Vol. VI.--41.

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