JAN. 14, 1830.] Indian Affairs. [SENATE. and he hoped the bill would meet the approbation of the Senate. tion, by a reference to the treaty of the Wabash, in 1826 at which he was present. Fifteen thousand dollars had been appropriated to defray the expenses of holding that Mr. WHITE, in reply to the observations made by the treaty-to feed them on the ground; and for that purpose gentleman from Maine, [Mr. SPRAGUE] as to the presents, the appropriation was, perhaps, sufficient. But the com- or rather, according to his view of them, bribes given to missioners found it necessary to advance them goods; to one the Indians, remarked that they were not given secretly, tribe upwards of thirty thousand dollars, and twenty or thir- as he intimated his suspicion, to the chiefs of the nation, to ty thousand to another. For this purpose it was necessary seduce them from their path of duty, but were given opento purchase on the ground, at exorbitant prices, to in- ly to the nation, to use them according to their own interdemnify the merchants for the contingency of an unau- nal regulations. They would not negotiate without these thorized transaction, and a subsequent appropriation by presents, which, indeed, he thought should be more proCongress. It is obvious, that, under such circumstances, perly called a consideration in part of the value of the purthe Government must have paid more for advances in chase made. The Indians divide these presents amongst goods than would have been necessary if the money had themselves, and apportion them according to their notions been in the hands of the commissioners. Mr. H. said, we of their rank and distinction of their headmen. Is it not would have ample security that the funds would be reim- better [said Mr. W.] to make an agreement with them, bursed, and the advances properly accounted for, if the and pay them in the shape of presents, than to terminate Senate should not ratify the treaty: for we pay these In- all negotiations with them, as would be the consequence dians, at the present time, large annuities, which place it of the adoption of the principles advocated by gentlemen? in our power to indemnify ourselves for any loss we may It cannot be considered in any sense offensive to the delisustain. We pay to the Miami Indians twenty-five thou- cacy or morals of any man. Mr. W. repeated, that there sand dollars, and to the Pottawattamies, six thousand dollars, was no secrecy employed in making these presents--that as annuities, and we can retain these sums, and cover ad- they were usual--and without their being made, no negovances, should the treaty not be ratified. Such stipula- tiations could be proceeded with. No man could say what tions were made in the treaty of the Wabash, and he pre-sum it would be necessary to appropriate for the presents, sumed they would be inserted in any treaty which should &c. As to the sum of the rations, we must [he said] subbe hereafter made. sist all their families: for they, not like the whites, bring But to the necessity of the treaty. The Miamies, consist- their wives and children with them to the treaty ground. ing of about eleven hundred souls, principally reside on If they did not, and were not confident of being supported a few reservations on the southern shore of the Wabash. there, they would not negotiate at all. If a treaty thus Through these reservations the Wabash canal had already made is to be considered unfair, then he would say that no been located. True it is, [said Mr. H.] that, by the treaty treaty has been concluded fairly with these people in moof 1826, the State has a right to make this location, and dern times. Entertaining these views, [Mr. W. said] the to appropriate six chains in width for the use of said canal; Committee had recommended the appropriation of forty but nothing could be more obvious or certain than that the thousand dollars as sufficient to cover the expenses of the intercourse between the Indians, and the whites already treaty. He therefore hoped the bill would be agreed to. surrounding them, together with the laborers on the canal, Mr. KING said he was opposed to the passage of the within their own territory, would engender strifes and bill, not from any objections he had to the principle of it, animosities, which would terminate in blood. This tribe, but because he thought the appropriation was too large. [said Mr. H.] is perhaps the most vicious and depraved on From the letter of the Secretary of War, it appears that the continent. They exhibit human existence in its worst there are only four thousand Indians, who are the remand most degraded form. Surrounded by the white po- nants of different tribes, now inhabiting the State of Indipulation, it is impossible to exclude them from the use of ana. Can any one then suppose that so large an approardent spirits. They get drunk, and commit murders, priation as forty thousand dollars will be required to defray not only on their own territory, but in the organized coun- the expenses of a treaty with these miserable people? His ties of the State. The present seemed to be a proper time objections did not arise from any fears he had that the comto give additional impulse to the humane and judicious missioners would exercise an undue influence over the policy of settling them west of the Mississippi. Various chiefs of the Indians, by making them presents, which gencircumstances induced this belief. The Legislature of the tlemen so much apprehended. Gentlemen did not underState would probably, at its present session, extend the stand what was meant by giving them presents, unless the jurisdiction of her laws over the Indian territory, as the gentleman from Tennessee [Mr. WHITE] had satisfactoriStates of Georgia and Alabama had heretofore done. He ly explained it to them. But what he objected to especihad just seen a paper from the seat of Government of that ally was, the distributing of goods among the Indians, while State, which informed, that the Judiciary Committee of the treaty was in progress, to a very large amount, and one branch of the Legislature had reported favorably to thus rendering it imperative on the Senate to ratify their that object. This would strongly incline them to emigrate. | treaties, however objectionable they may be, or to lose He had recently been informed of another circumstance. the immense sums of money thus expended. He was opA murder had latterly been committed among themselves posed to this practice, and, for his own part, would never in the county of Cass, adjacent to their boundary. The sanction it. He therefore hoped the gentlemen who supmurderer was an influential person of the tribe. He had ported the bill would consent to reduce the appropriation been indicted, and well knew the penalty of the law into a reasonable sum, and enable those who are friendly to such cases. It was not probable he would ever be taken, its principles to vote for it. When the treaty with the nor was it desirable he should. He would go beyond the Creeks and Choctaw Indians was proposed, twenty thou Mississippi, and his clan would follow him. Others would sand dollars was only appropriated to defray the expenses follow in their rear, and the inclination to sell, if not now of it, although they exceeded in number forty thousand universal, would soon become so. Mr. H. said that the souls. If the appropriation of this bill were reduced to a Pottawattamies were much more numerous than the Mi-reasonable amount, he should give it his cordial support. amies, and their country more extensive, but less valuable Mr. SPRAGUE said that he was not opposed to negotiatin proportion to its extent. There were but the two tribes ing with the Indians for the objects of the bill, but to the in the State; their numbers about four thousand; their means proposed in order to attain it. The Senator from territory between four and five millions of acres. The Tennessee [Mr. WHITE] supposed that he had misapprepresent seemed to be a propitious moment for extinguish-hended what was meant by the term presents. He willing their whole title, and for getting them out of the State, lingly accorded to that gentleman the utmost purity of in VOL. VI.-3. SENATE.] power. tention; but, whatever might be intended by him, he [Mr. which we have ratified, every one has been preceded by S.] had not misunderstood the manner in which this pow-presents, and accompanied by a liberal allowance for the er to make presents had been sometimes exercised. We daily support of the nation. It is a new course, therefore, do know, that, in order to get a treaty, secret and confi- that is to be prescribed to the Executive. Heretofore, the dential agreements have been made by our commissioners mode of making a treaty has been to invite the head men with certain chiefs, to give them large sums to procure of the nation to hear our proposals; if they accept the protheir assent and influence, agreements which they dared position, they come accompanied by all the warriors of the not make known to the tribe, and which were to buy them nation, bringing with them their wives, and the talk is deover to our interest, and to render them false and treach-livered in a public assembly. It is considered by the whole erous to their own people, who had confided to them a sa-tribe, and the answer is dictated by the council of the nacred trust. Mr. S. said he wished every agreement to ap- tion. All this it appears is now to be changed. The savapear on the face of the treaty, that they might know what ges are to be told, we have appointed commissioners to stipulations had been made, and with whom, and, there-treat with you. Do you appoint ministers on your part. fore, was unwilling to place in the hands of our commis- We will pay ours, do you pay yours. When they meet sioners large sums of money which they might dispose of they will exchange their full powers, and then proceed rein secret and confidential negotiations with individuals.gularly and diplomatically to negotiate. No more provi There was no necessity for giving to our agents such asions to feed your wives and children while the treaty is proceeding; no more presents: you are a civilized and indeIt was said, indeed, that we must subsist the Indians du- pendent people, and we mean to treat you as such, and ring the negotiation, and not only the chiefs, but the war-the first step we take is, by making no provision for your riors, and their women and children; that all must be support while the treaty is going on, to prevent your atdrawn from their homes to the treaty ground; that rations tending it. Your chiefs, who make the treaty, then canmust be issued for their daily food; and something in the not consult you; it will be concluded without your knownature either of presents or payments must be given them ing any thing about it, and we shall have obtained your in hand. And why is this necessary? How do the Indian lands very diplomatically at our own price. What answers, chiefs subsist themselves, in their own councils, when we sir, would be made to such an address, if the Indian tribe are not present? what is the necessity of gathering togeth-could be made to understand it? Depend on it, that if er the females and their infants? You thereby place them any essential change is made in our mode of treating, the in our power, and, after a short time, their own food be- treaties you have just ratified will be the last you will ever ing exhausted, we can offer them the alternative of submis- make; you must treat with barbarous or half civilized peosion to our terms, or starvation. He believed he under-ple, according to their customs, not yours. We have alstood what had sometimes been the process of obtaining a ways done so; not only with our Indian, but with the Barcession of Indian lands. The chiefs, the head men, the bary Powers. We have necessarily done so; to refuse it wisest and most sagacious, were opposed to selling their would be to refuse to treat; and every one acquainted with country. They were operated upon not only directly, the habits of the savage tribes, must know that they must but indirectly. Large quantities of goods and merchan-assist at the treaty in a body, and must be subsisted while dise, particularly such as are most attractive to the savage it is negotiating; and that the negotiation would be immetaste, are ostentatiously displayed to the assembled multi-diately and necessarily broken off if the necessary supplies tude; they are told. if a bargain shall be concluded, these were withheld. As to the amount of the appropriation, shall be yours; if not, even the daily food which you now Mr. L. would be guided by the report of the Committee, havreceive shall be withheld; the women and children are ing no data by which he could estimate the proper amount. brought to influence their husbands and fathers by their There was one sentiment, [Mr. L. said,] in which he entreaties and their wants; the young and thoughtless entirely agreed with the Senator from Maine, that of a among the warriors are made to press upon the older and marked disapprobation of any secret emoluments given, more reflecting, and all to operate upon the chiefs, to sub- or stipulated to be given, to the chiefs who signed the due their firmness, and seduce them to our will. We may treaty; gratifications to them in proportion to their rank be told that this is the only mode of treating with the In- and power in the tribe, he believed, had been usual and dians, and that we cannot otherwise obtain their lands. If might be proper, provided it were known and approved it be so, [said Mr. S.] which he doubted, still the end can- by the tribe; but a secret donation he could, for obvious not sanctify such unhallowed means. These feeble rem-reasons, never approve. The passing this appropriation, nants of once mighty nations are in our power, at our mer-however, he did not think would sanction any such procy. He wished to obtain no treaty from them by the ceeding. weight of such extraneous aid as the measures he had de Mr. FRELINGHUYSEN said he was constrained to opscribed. If, without such appliances, they will not cede to pose the passage of this bill, and for the very reasons us the inheritance of their fathers, let them retain it. urged in its favor. It may, perhaps, arise from my ignor Mr. LIVINGSTON said that a disposition had lately ance of the subject, [said Mr. F.] but I confess, sir, that manifested itself to consider the savage tribes in our terri-heard with great surprise the fact announced by an honotory and under our protection, as already civilized, and en-rable Senator, that it was impossible to treat with the Intitled to all the respect in our intercourse with them, with dians, unless we made them presents. If this be indeed which equal and independent Powers were treated in our so, I protest, in the face of this Senate, and of the world, diplomatic intercourse. The Senator from Maine, [Mr. that all negotiation should cease with them. Can it be SPRAGUE] in this spirit, thinks, that to negotiate our trea-that no cession of their lands can be obtained, no compact ties with them no other appropriation is necessary than to formed with these tribes, unless we bring to bear upon provide a salary for our commissioners, leaving the Indians, them the influence of our gold? That their consent is to if I understand his objection, to provide for the salary and be bought--that the only way of access is (to call things outfit of their own ministers. This proposition has, at by their right names) through bribery and corruption? I least, the merit of novelty: for, from the original settle-can hardly accredit an intimation so humiliating to curment of the country to the present day--from the first trea-selves. Šir, has a fair experiment ever been made? If ty held by the benevolent Penn, whose transactions with not, it is surely time. We owe it to our national characthe natives will not be reproached with fraud or ill faith; ter to adopt other means. When has the Senate ever whese rifts to the Indians are on record in his treaties, and been informed that negotiation had been fruitless, because whose manner of treating with them has been accurately de- of the absence of the corrupting agency of our money? lineated by the pencil of West-from that treaty, to the last | What commissioners have ever reported such a failure JAN. 14, 1830.] Indian Affairs. [SENATE. for such a cause? I beg, sir, that we may meet them on much. Their chief was a Canadian-he might call him equal, manly terms; such as become a great People treat- a Canadian Frenchman. He has a house, and generally ing with a feeble race. Let them be approached with ho- resides, at Montreal. During the war he occasionally renorable proposals; let the terms and conditions be dis- tired there, for what purpose could not be well ascertaintinctly stated; let them look at our side of the bargain ed; but we saw enough of his operations to convince us full in its face, and then, if they accord a voluntary ac- that he was not friendly to us. What, then, is to become quiescence, and conclude the contract, it will be well. I of us, thus surrounded? Will the Indians work? asked desire to see such a negotiation conducted in a spirit Mr. N. No; they will roam at large in the forests, and which this august body will approve, in which these tribes will plunder and destroy whatever comes across them; shall have acted freely, unseduced by the influence of and if any opposition is offered to them, they will satiate money, and unawed by the presence of chiefs, corrupt- their appetites in the blood of our unprotected wives and ed by individual and extravagant gifts. The Hon. Sena- children. If, then, we have the feelings of humanity we tor from Louisiana [Mr. LIVINGSTON] has referred us to profess, we should not hesitate a moment to make this the Barbary Powers, and inquires whether such means appropriation. As to talking of holding treaties with are not constantly employed in all diplomatic intercourse these people as with civilized nations, it was an idle loss of with them? It may be so, sir. But these are distant, in- time. As to what was said about leaving a blot on our dependent nations, towards whom we are strangers. The national character by giving them presents he [Mr. N.] Indian nations are, at most, but dependent sovereigntics did not believe a word of it. If the gentleman from under our guardianship, and to whom we have promised Maine [Mr. SPRAGUE] can show on what principles of naprotection. And can it be for a moment tolerated, that a tural law he can make a white man or an Indian honest, guardian shall, by the force of extraneous and corrupting then I shall agree with him that this appropriation ought motives, obtain from the ward his lands? Where is the not to be made. tribunal that would not frown indignantly upon such a procedure? But it is said that this has been an uniform practice for many years; that it has grown almost into a prescriptive privilege. The plea cannot avail us: for we led the way; we first held out these lures to beguile; and I submit it, sir, to this honorable body, if it be not time to arrest this practice. Let us deal with these men as we do with the rest of mankind--upon open, equal, and just terms; such as our country and the world will sa nction;] such as future history, in its impartial retrospects, will not censure and condemn. Mr. KING corrected a mistake which the Senator from New Jersey [Mr. FRELINGHUYSEN] had fallen into with respect to the presents made to the Indians. Presents were always made to them; no treaty was ever made] without them; and the Indians accept them without believing that they are offered to them as bribes. Mr. K. concluded by moving to amend the bill by striking out the words "forty thousand," and inserting, in lieu thereof, "twenty thousand." On the motion of Mr. HOLMES, the question was divided; and the motion to strike out was agreed to. Mr. FRELINGHUYSEN said that he was not opposed to the bill, as the Senator from Indiana [Mr. NOBLE] seemed to apprehend, but he wished that the influence of presents to the Indians would be kept cut of operation while the treaty was in progress. He repeated, he desired to throw no obstruction in the way of the negotiation. The question on the amendment proposed by Mr. "And be it further enacted, That no secret present, or consideration, shall be offered or given to the chief or chiefs of the tribe or tribes of Indians with which said treaty may be holden." The amendment was agreed to-Yeas 24. The bill being then reported to the Senate as amended, Mr. HENDRICKS rose and said, that he could not be silent when the question was about to be taken in the Senate on the amendment which had just been adopted in Committee of the Whole. He thought its adoption would be a reflection upon the integrity of the Executive, and upon the commissioners appointed to make the treaty. Mr. NOBLE said that the gentleman from New Jersey It would also be a reflection upon the integrity of all here[Mr. FRELINGHUYSEN] had addressed himself to the pas- tofore concerned in negotiating Indian treaties. The sions rather than to the judgment of the House, in the section offered for the adoption of the Senate, presupspecimen of pulpit eloquence which he had given us. posed abuses which he believed had no existence. He The gentleman has indulged in his passion; I hope, said did not know of any undue influence heretofore exercised Mr. N., I will be permitted to indulge in mine. We must in making Indian treaties. That which this section would defend ourselves from the incursions and rapine of these remedy, was found in almost every treaty ever made with lawless tribes; and I would ask, Is it against the laws the Indians; but it was produced, not by the commissioneither of God or man to protect ourselves from the carnage ers, but stipulated for by the Indians themselves. [Mr. and bloodshed which these tribes inflict upon us? We HENDRICKS quoted the provisions of several Indian treaare surrounded by these Indians, and are daily and hour- ties.] Here [said Mr. H.,] are brick houses provided for; ly exposed to their rapacious violence. The object, then, reservations of land for certain individuals and families, of this appropriation, is to lead this people beyond our set- and donations in money. These were made in conformitlements, and to obtain for ourselves quietness and secu-ty with the wishes of the individuals composing the tribe, rity. But if this appropriation is refused-if our People who certainly have it in their power to say, that A shall are to be cut off day and night, we will not any longer receive more than B; but these arrangements never be. wait for the assistance of the Executive officers; we will fore were called bribes, nor can the officers of the Govundertake our own defence; and it is no easy task to per-ernment fairly be charged with impropriety in such stipusuade the brave and hardy people of the West from the lations. Mr. H. repeated, that, as the adoption of the pursuit of the Indians, when they have assailed our rights amendment could be considered in no other light than as or property. But what is the abuse which is apprehend- a reflection on those who are constitutionally charged ed by gentlemen? Will not the money thus appropriated with the negotiation of the treaty, he hoped it would be be placed under the control of the President of the Unit- rejected. ed States, by whom the commissioners are to be appoint- Mr. McKINLEY replied, that the practice of giving seed, who will have the management of it? Was not this, cret presents to the head men of the Indian tribes with Mr. N. asked, a sufficient security against the apprehend- whom we treat, is of recent date, and it ought to be dised abuse? Who then can doubt that it will not be proper-couraged as soon as possible. He believed the most efly expended? In the last war, this tribe of Indians, at fectual method of putting an end to the practice was by the instigation of British emissaries, annoyed us very inserting such a provision as he had proposed in the law SENATE.] Indian Affairs. [JAN. 14, 1830. making the appropriation. By persevering in the prac ance upon the integrity of its Executive department. We tice, the Senate will be, as it often has been, placed in the have all as much confidence in the present as in any fordilemma of either losing the money which has been ex-mer administration. Where, then, the necessity of this pended, or of ratifying the treaty, whether satisfactory or rule at this time? No man in the Senate has more confinot. Mr. McK. did not object to a necessary donation be- dence in the present Executive than the honorable Senaing made to the chiefs, if it were made public. Is it pro- tor who has introduced this amendment. He does not, I per, he asked, to make presents to the head men, which am sure, think it necessary to the purity of our intercourse the nation does not know? The less, he thought, which with the Indians, under the present administration. It is was given, the better: for the great amounts thus expend-agreed on all hands, that nothing like bribery should be ed often rendered it imperatively necessary for the Senate used in the making of an Indian treaty; that nothing of the to ratify bad treaties. The effect of this would be, to kind would receive the sanction of the present Chief Maprevent the insertion of secret articles in our treaties: for gistrate; and that this Senate would withhold its assent from he was of opinion that, in private as well as public trans- any treaty obtained by corrupt practices, on the part of actions, honesty was always the best policy. the commissioners. But [said Mr. R.] the Senator who Mr. HENDRICKS remarked that the reasons given by introduced this amendment, will perceive, upon a litthe Senator from Alabama, [Mr. MCKINLEY in support of tle reflection, that it infringes upon the treaty-making the amendment, had suggested to his mind additional ar- power confided by the constitution to the President and Seguments against its adoption. It was not competent for nate. The amendment cannot regulate the conduct of the the Senate to legislate into existence instructions to be giv-commissioners while making a treaty; their conduct will be en to the Commissioners who negotiate Indian treaties. regulated by instructions from the President, and the conThis had uniformly been considered the constitutional pre-stitution alone can regulate him, in making out his instrucrogative of the President. The Senate, [said Mr. H.] in tions. It cannot regulate the conduct of the Senate in its legislative capacity, is no part of the treaty-making approving or rejecting a treaty. The constitution will be power; and legislation prescribing the duties which the their guide; nothing can be added to that instrument or constitution has plainly devolved on the Executive, is not taken from it by a statute. only unconstitutional, but impeaches the integrity of the Mr. R. said he was sorry to differ from his friend, who President, in pre-supposing that he would not perform his had introduced this amendment. He considered it as eviconstitutional duties. While he was up, he would say a dence of the purity of the sentiments not only of that word in reply to the Senator from New Jersey [Mr. FRE- gentleman, but of every member of the Senate, in relaLINGHUYSEN.] He deprecates the practice and the unne- tion to the subjects to which it related. But the exercise cessary expense of collecting, on such occasions, the young of the sentiment was enjoined by the constitution, and men, the women, and children; says that their influence would be displayed as well without as with the amendment. on their chiefs, who are competent to make treaties with-He thought, with a very respectful deference for the opin out them, is prejudicial to the Indians, and unworthy of ion of his friend, that the amendment was impolitie as well the Government. To this class of observations, it may be as unconstitutional. It would seem to justify the inference replied, that the chiefs never, without the consent of the that bribery had been heretofore practised in obtaining intribes, make treaties at all. This consent is never given dian treaties. He should feel himself constrained to vote in advance, when they can be present. Their presence is against the additional section proposed. necessary to prevent the chiefs cousulting in a signal manner their own interests, instead of the interests of the tribe generally; and of all the treaties ever made with the Indians, those which have been made by the chiefs, remote from the tribes they represented, have been the worst for their people. These are the treaties in which special benefits have been most liberally provided for the chiefs. When the warriors were present, with the women and children, at the treaty-ground, every thing was known, and it was almost impossible for any thing unfair to be done by either party. Mr. BENTON remarked that we had been in the habit, for upwards of half a century, of making Indian treaties, and no such provision as that now proposed had ever been inserted in a bill. Mr. FOOT said the Senator from Indiana, or himself, certainly misunderstood the amendment offered. He [Mr. F.] did not consider it as applying to the customary presents to the tribe, or to articles in Indian treaties, making special reservations in favor of particular chiefs. These were not secret, being embodied in the treaty, and known to the whole tribe. This amendment was intended to proMr. ROWAN said, if it was the object of the amend-hibit "secret presents" to any influential chiefs, to induce ment to regulate the conduct of the commissioners, in them to sell the reservations of land belonging to the tribe. forming treaties or compacts with the Indians, it will be He felt some delicacy in discussing this subject in legislautterly unavailing. The intercourse between them and tive session, but thought he might safely say, without viothe Indians, during the treaty forming process, must, from lating any rules, that the Senate had not, as yet, ratified the nature of the transaction, necessarily be apart from any treaty in which it appeared such secret presents or the public gaze; must be, to some extent at least, private. annuities had been given. But he considered it indispenThe intercourse between the contracting parties must be sable that this restriction should now be imposed, for reaof a conciliatory character. The object will be, to make sons which could be stated here, but which every Senthe treaty or compact; the means, in that, as in all other ator would fully understand, and he should most cheerfulcases of the like kind, will be adapted to the end. In-ly vote for the amendment. structions cannot be graduated to every occurrence which Mr. HAYNE said he did not apprehend that there exmay take place during the negotiation; much must neces-isted any difference of opinion with respect to the improsarily be left to the discretion of the commissioners, sub-priety of giving presents to the Indian chiefs, for the purject to be eventually controlled by the President and Se-pose of influencing them in their negotiations with us. So nate. Secret stipulations in a treaty will be unavailing, un-he had understood the chairman of the Committee who reless ratified by the Senate, according to the constitution. ported the bill, [Mr. WHITE] and every gentleman who We ought not to presume that any of an improper cha-had participated in the discussion, to have expressed themracter would be authorized by the President, or confirmed selves. The question is not, therefore, shall we give our by the Senate. Treaties with Indians have been made, sanction to such a practice? but it is, shall we attempt to from time to time, from the commencement of the Go-instruct the President, and put a limitation on the execuvernment up to the present period, without the force of tive power of the Senate? He [Mr. H.] had two objecthe rule contemplated by this amendment. There has been tions to this proposition. The first was, that the Senate, no complaint; the Government has found safety in its reli-in its legislative capacity, has no control over the Execu JAN. 18, 1830.] Heirs of Robert Fulton.-Internal Improvement. [SENATE. tive, in the exercise of the treaty-making power; and the looks to the guardian. Where, then, is the impropriety of second was, that the proposed amendment seemed to im- the legislative taking the lead of the executive, in anply a "far-gone conclusion" that the Executive intends to nouncing to the world that, in our negotiations with these do wrong. It belongs [said Mr. H.] to the Executive, and it is not for us to say how treaties are to be carried on. We travel out of the sphere of our appropriate duties when we interfere in this matter; we ought not to do so; we ought not to do any act that can be considered as casting imputations upon the Executive, or the commissioners he may appoint. But we have no evidence of the fact that any such practice exists as that which the amendment is intended to prevent. If any such evil existed in the Government, and the facts be submitted to us, he would examine the subject frankly and candidly, and suggest the proper remedy. subjected wards and broken tribes, such means should not be lawful? Congress are the guardians of these people. He voted for the amendment in Committee of the Whole, and must repeat that vote on the yeas and nays. Mr. McKINLEY said he had no design to question the virtue and integrity of the present administration. He had as much confidence in it as those who made greater professions. It is strange [said Mr. McK.] that a proposition cannot be made to appropriate money, for public purposes, under certain restrictions, without having the charge imputed to us of entertaining unfriendly feelings to the present administration. As this was a new subject, and as But if the amendment were free from all constitutional there was no immediate necessity to have it settled, he objections, do we not see what a reproach it would still moved that the bill, as amended, be laid on the table, that cast on the Executive and the country Suppose we had gentlemen may have an opportunity of giving it a suffiprovided for carrying on a treaty with any European Pow-cient examination. MONDAY, JAN. 18, 1830. HEIRS OF ROBERT FULTON. Mr. BARTON rose and said, I wish to submit to the Se er, and a bill was submitted to appropriate a certain sum The motion was agreed to, and the Senate then adjournfor fitting out a ship to carry our ambassadors, and to de-ed to Monday. fray the other expenses of the negotiation, what would be said if a proviso were added to the bill to the following effect: "Provided, however, That the President shall not appropriate any part of the money for secret or corrupt purposes The impropriety would be the same in the present case, where you are providing for making a treaty nate a resolution respecting the heirs of Robert Fulton, with the Indians. I take it for granted [said Mr. H.] that deceased, who are known not to be in circumstances suited the President will not permit any secret presents to be to their education, character, and feelings; nor to the made, and that the commissioners whom he shall appoint great public services of the father; and still less to will not be guilty of doing so. Until these practices were the magnanimity and honor of this republic, his greatest brought to view, he should oppose any bill containing such beneficiary. When we consider [said Mr. B.] the great a provision. He knew that the Senator who proposed and growing benefits derived by the United States from this amendment had the same views that he had on this Mr. Fulton's application of steam to the various purposes subject. That gentleman had certainly no design to inter- of machinery, stationary as well as locomotive; and espefere unconstitutionally with the Executive, or to express cially when we cast our eyes into the vast valley of the any distrust as to his proceedings. His only object un-Mississippi, and behold its long navigable rivers, reachquestionably was, to prevent any improper means from ing from the bases of the Alleghanies to those of the being resorted to, in making treaties with the Indians. Northern Andes, or Rocky Mountains, and from the NorWhile there existed, however, no just cause for apprehen-thern lakes to the Gulf of Mexico, rendered as useful and sion that any such means would be resorted to, the amend-valuable to us as so many Mediterranean seas, by the unrement was altogether unnecessary. quited genius, perseverance, and sacrifices, of Fulton, we Mr. BENTON asked that the question be taken by must acknowledge him among our greatest public benefacyeas and nays, if they were not already ordered. He ex-tors, not even excepting Lafayette, or the founders and pressed his obligation to the Senator from South Caro-patrons of institutions of learning in America, or those of lina, who had called the attention of the House to the con- the African Colonization Society, when it shall be crownstitutional nature of the amendment. This was the first ed with success. In this view of the subject, I submit for year [said Mr. B.] of the new administration, and here was the consideration of the Senate this resolution : a proposition implying a direct censure of it, as the object of it was to place us on our guard against anticipated corruption. There was no necessity for the restraint on the present administration more than on any preceding Mr. B. repeated his desire to have the question taken by yeas and nays. one. Resolved, That the Committee on the Public Lands inquire into the expediency of making a grant to the heirs of Robert Fulton, deceased, of a portion of the public lands, bearing some proportion to the great benefits derived by the United States from his application of steam to the purposes of machinery, stationary as well as locomotive. [This resolution was taken up on the next day, and agreed to.] INTERNAL IMPROVEMENT. The yeas and nays were ordered. Mr. BARTON said he had voted for this amendment in Committee of the Whole; but certainly not for the purpose of reflecting on those who had preceded us, or on the present administration. He was not aware, now, that it Mr. WEBSTER said he rose to present the petition of amounted to any undue reflection on any branch of the the South Carolina Canal and Rail Road Company, prayGovernment, legislative or executive; for he knew of no ing Congress to authorize a subscription, on the part of instance of treaties, procured by means of secret bribes, the Government of the United States, of two thousand and known to this Government, having been ratified. five hundred shares of the capital stock of that company. The parallel drawn, or attempted, between our negotia- The rail road, contemplated by the petitioners, was to extions with the European nations and with the aboriginal tend from Charleston to Hamburg, in the vicinity of Autribes of America, did not hold. Europe does not ac- gusta; and the petition sets forth the practicability of the knowledge us as her Great Father; nor our protection or intended work. The enterprise certainly was one of a supremacy over her; but as an equal. And hence the very laudable nature, such as had, in other instances, met evident impropriety of such a provision to guard those ci- encouragement and assistance from the Government of the vilized nations from such influences. But the Indian tribes United States, and it was with pleasure that he presented It had been confidare a conquered broken down people, who acknowledge it to the consideration of the Senate. our protection and supremacy, and call us their Great Fa-ed to his hands from no disrespect, certainly, towards the ther; looking to us for justice and protection, as the ward honorable gentlemen who were Senators from S. Carolina, |