MAY 21, 1828.]

Removal of Indians.

post road from Cincinnati to Portland, in the State of Ohio.

Mr. STEWART moved, by way of rider, to the first of these bills, an amendment making provision for the repairs of the Cumberland road, and called for the reading of a letter from the Postmaster General on that subject, which was accordingly read at the Clerk's table. The question being then taken, the amendment was rejected. Ayes 67, Noes 69.

Mr. WILLIAMS now moved to strike out the enacting clause of the bill; but, on request, withdrew the motion for the present.

Mr. WICKLIFFE then moved another amendment for the repair of the road from Louisville to Salt River, which he supported by a brief explanation of the facts of the case. But this amendment shared the same fate

with the preceding.

The two bills were then laid aside; and, On motion of Mr. ISACKS, the bill from the Senate, supplementary to the several acts providing for the adjustment of land claims, in the State of Mississippi, was taken up and considered, and no amendments being proposed, it was laid aside; and,

On motion of Mr. WASHINGTON, of Md. the Committee next took up the bill authorizing a subscription of stock in the Washington and Frederick Turnpike Company.

Mr. WASHINGTON delivered a short speech, in which he explained and supported the objects of the bill, and moved to fill the blank in the bill with " 5,000 shares." The bill was farther advocated by Mr WICKLIFFE, Mr. RAMSEY, 'Mr. STEWART, and Mr. WASHING. TON.

The blank was filled with 5,000 shares of $20 each," amounting to $100,000.

[H. OF R.

ty-one years of age, and every one who shall arrive at that age, within five years from the passing of this act, and who is now an actual resident in either of the United States, or the Territories thereof, may, and he is hereby authorized to, enter in any one of the Land Offices of the United States, of the lands subject to entry, as follows, namely: If a single man, one half section: If married, and having one minor child, only, three quarter sections: And, if married, and having two or more minor children, one entire section.

"And the Register of the Land Office, in which any such entry may be made, shall keep a record of the same, and shall issue and deliver to the Indian, making the entry, a certificate, particularly descriptive of the quantity and situation of the land so by him entered.

"And every such Indian, having, by himself, or his heirs, built a house upon such lot-occupied the same for five successive years-and improved, in agricultural products, at least five acres of the land, shall receive Letters Patent for said lot or lets, granting a life estate only to him, and a fee simple to his heirs.

"And no such Indian shall be deprived of his possession of the said land, or of his life estate, therein, by rea son of any debt, charge, or claim upon him, or upon the land.

"And every such Indian shall, from the date of his certificate of entry, be considered as having voluntarily submitted himself to the jurisdiction and laws of the State or Territory in which he may reside...”

The CHAIR pronounced the amendment not to be in order.

Mr. DAVIS, of Mass. moved to lay this bill upon the table. Mr. McLEAN then called for the reading of the following letter:

DEPARTMENT OF WAR, 29th April, 1828. To the Hon. WILLIAM MCLEAN,

This bill was then laid aside, and on motion of Mr. McDUFFIE, the bill making approp riation to enable the President of the United States to defray the Chairman of the Committee of Indian Affairs, expenses of delegations of the Choctaw, Creek, CheroHouse of Representatives U. S. kee, and Chickasaw, and other tribes of Indians, to exSIR: I have had the honor to receive, this morning, your plore the country West of the Mississippi, was consi-letter of yesterday, and, in reply to the several interrogatories

dered.

It was again opposed by Mr. STEVENSON, of Penn. and Mr. WILLIAMS, and strenuously advocated by Mr. LIVINGSTON, when the question being taken, it was ordered to a third reading by yeas and nays: Yeas 94, Nays 62.

The bill for the repair of the road from Cincinnati to Portland coming up next in order,

Mr. GILMER moved to lay it upon the table, which motion prevailed-Yeas 94, Nays 58.

The bill authorizing a subscription to the Washing ton and Frederick Turnpike Company being again taken up

Mr SILAS WRIGHT moved to lay it upon the table, which motion prevailed-Yeas 79, Nays 72.

REMOVAL OF INDIANS.

On the bill providing for the removal of the Choctaw and other Indians, Mr. STRONG moved the following amendment:

Strike out all after the enacting clause, and insert-
"That, hereafter, every male Indian, now over twen-

proposed in it,have the honor to state tha', communications have
been received from the Chickasaw and Choctaw tribes of Indi-
ans, through their Chiefs, which confirm their readiness to
carry into effect, on their part, the agreement entered into with
them last Summer, by Colonel McKenney, and as communi-
cated by him in his report of his proceedings in regard to this
matter, and as may be seen on referring to the documents
which accompanied the President's message to Congress in
December last. Deputations are appointed by both the Chick-
of the agreement.
a aws and Choctaws; and they are in waiting to fulfil their part

I am of the opinion, from the tenor of their communications on this subject, as well as the slight tenure by which their confidence in the promises of the Government is held, that, if corresponding provision be not made on our part to carry faithfully into effect that agreement, consequences highly unfavorable will be produced thereby upon the Indians in regard to the Government; and which must act correspondingly upon this, or any other plan, which it may be esteemed proper to submit with a view to their preservation and happiness.

It is decidedly my opinion, as may be seen by referring to my report to the President of 3d February, 1826, that the plan of collocating the Indians on suitable lands West of the Mississippi, contains the elements of their preservation; and will tend, if faithfully carried into effect, to produce the happiest benefits upon the Indian race. I have not been able to perceive, in any other policy, principles which combine our own obligations to the Indians, in all that is humane and just, effects so favorable to them as is contained in this plan.

ed a country West of Arkansas, and are settling on lands The Creek Indians, who are emigrating West, have selectSouth of latitude 36°, nor have locations been made by Indians, by direction of the Government, North of that degree of latitude; and, when it is considered that no restrictions have been imposed upon those who have emigrated, it is reasonable to

infer, that the Southern tribes generally, who are, and have long been, upon the most friendly terms with each other, will seek a continuance of such neighborhood, provided there be a sufficient tract of suitable country for their support and comfort; and especially because of the greater congeniality of the latitude which the Chickasaws and Choctaws, and Creek, have already chosen.

[MAY 22, 1828.

ment, reported a resolution on the subject of the Public Printing, as follows:

"Resolved, That the Clerk of this House, immediately after the adjournment of Congress, cause to be made out, the accounts of Messrs. Gales & Seaton, as public prin. ters, since they were appointed public printers, as the This location appearing to be that which the Indians them- same have been settled at the Treasury, for all the printselves prefer, there is no disposition, on the part of the Exe-ing done by them for both Houses of Congress, classed cutive, to divert them from it, or point them to more Northern and arranged as follows: regions.

I know of but one person (a Missionary in Ohio,) among the
Governors of Territories, and Superintendents, and Indian
Agents, and Teachers of Schools, in the Indian country, who
is not decidedly favorable to this plan. And the humane and
enlightened Missionaries of the South, especially, who were,
many of them, visited by Colonel McKenney in pursuance of
the instructions of the Department last Summer, are of the
opinion that nothing but such a plan as has been recommend-
ed can save them from ultimate and final destruction. It ap-
pears to have their decided preference, and hearty support.
I have the honor to be, very respectfully, your obedient
servant,
JAMES BARBOUR,

The motion of Mr. DAVIS was then negatived, by
Yeas and Nays, as follows: Yeas 48, Nays 94.
Mr. BATES, of Missouri, then moved to amend, by
striking out"
Mississippi," and inserting "State of
Missouri and Territory of Arkansas :"

Whereupon, Mr. WILDE moved the previous ques-
tion, and it was sustained by the House. Ayes 60, Noes 58.
The previous question was then put and carried, by
Yeas and Nays, as follows: Yeas 80, Nays 68.

The question on ordering the bill to a third reading was then decided by Yeas and Nays, as follows:

"First. All the printing in each year, of plain letter press, small pica type, octavo page.

"Second. The rule and figure work of each year; stating, also, the number of pages which each document contains, and the number of each document ordered to be printed by either House.

For

"Resolved, That, so soon as the Clerk shall have thus stated the accounts of Messrs. Gales & Seaton, that he notify Mr. Samuel Shepherd, of Richmond, Virginis, and Mr. George F. Hopkins, of New York, to meet in the City of Washington, to whom the Clerk shall submit with a full and entire set of all the printing, whether of the whole accounts of Messrs. Gales & Seaton, together and rule work done by Gales & Seaton. And the said documents or otherwise, upon small pica type, and figure Shepherd and Hopkins, after carefully examining the said documents, and amount charged and paid for the same, shall ascertain the difference in the size of the compared with the standard fixed by the joint resolution, page of the said documents and other printing, when each and every document, Journal, and all other printing and the difference in the costs to the United States upon YEAS-Messrs. Addams, Alexander, Allen, of Va. Arm- which purpose, the Clerk of this House is required to performed by said Gales & Seaton for Congress. strong, John S. Barbour, P. P. Barbour, Barney, Barrin- render them every assistance and facility. It shall, moreger, Blair, Blake, Bryan, Cambreleng, Carson, Carter, over, be the duty of the said Shepherd and Hopkins to Claiborne, Condict, Conner, Culpeper, Daniel, Davis, of ascertain in what instances of rule or figure work the S. C. De Graff, Desha, Drayton, Earl, Floyd, of Ga. said Gales & Seaton have departed from the standard Fort, Forward, Garnsey, Garrow, Gilmer, Green, Hall, fixed by the resolution of eighteen hundred and nineteen, Hamilton, Harvey, Haynes, Hobbie, Holmes, Isaacks, Keese, for that description of work; giving to the said resolution Kremer, Lecompte, Lea, Livingston, Long, Lumpkin, its full effect in letter and spirit; noting when, by such Lyon, Marable, Martin, McDuffie, McKean, McKee, Mc-departure, the United States have sustained a loss, and, Lean, Miller, Mitchell, S. C. Mitchell, of Tenn. Moore, also, wherein they have saved in the expense. of Alab. Orr, Owen, Polk, Ramsey, Ripley, Roane, Shep perd, Smith, of Ind. Smyth, of Va. Sprigg, Stevenson, of report and statement, thus made out by the said Shepherd Pa. Sterigere, Swann, Sutherland, Taliaferro, Thompson, sion of Congress, accompanied by such explanatory reand Hopkins, shall be submitted by them to the next sesof Ga. Trezvant, Tucker, of New Jersey, Tucker, of S. marks as they may deem necessary; and that the Clerk Carolina, Turner, Verplanck, Washington, Weems, of this House allow and pay, out of the contingent fund, Whipple, Wickliffe, Wilde, Wolf, Wright, of New York, to the said Shepherd and Hopkins, a compensation of Yancey.-84.

NAYS.-Messrs. Allen, of Mass. Anderson, of Me. Bailey, Baldwin, Barber, of Conn. Barker, Barlow, Barnard, Bartlett, Bates, of Mass. Bates, of Missouri, Beecher, Brent, Brown, Buckner, Chilton, Clark, of Ken. Coulter, Creighton, Crowninshield, Davenport, of Ohio, Davis, of Mass. Dickinson, Dorsey, Duncan, Findlay, Fry, Gorham, Healy, Hodges, Hoffman, Hunt, Ingersoll, Johnson, Johns, King, Lawrence, Leffler, Little, Markell, Martindale, Marvin, Maxwell, McCoy, McHatton, McIntire, Miner, Mitch ell, of Penn. O'Brien, Pearce, Pierson, Plant, Reed, Richardson, Russell, Sergeant, Sloane, Sprague, Storrs, Strong, Swift, Taylor, Thompson, of N. J. Tracy, Vance, Varnum, Vinton, Wales, Ward, Whittlesey, Williams, John J. Wood, Silas Wood, Wright, of Ohio.-75.

So the bill was ordered to be read a third time to

morrow.

The bill from the Senate, supplementary to the seve ral acts providing for the adjustment of land claims in the State of Mississippi, was ordered to a third reading to

morrow.

THURSDAY, MAY 22, 1828.
RETRENCHMENT.

Mr. HAMILTON, from the Committee on Retrench

Which

dollars per day for the time which they may be engaged in this business."

tion to-morrow."
Mr. H. gave notice that he should call up this resolu-

The resolution moved by Mr. WICKLIFFE, yesterday, coming up for consideration, a short, but animated. debate arose in which it was advocated by Messrs. WICKLIFFE, HAMILTON, STRONG, SUTHERLAND, and opposed by Messrs. ALLEN, of Mass. LITTLE, SERGEANT, and BURGES. Mr. EVERETT expressed his approbation of every part of it except that which requires the use of a different type in printing the yeas and nays from that used in the residue of the

Slave Trade-Charles Carroll-Assault on the President's Secretary.

table. The question being then put, the resolution was affords, of publicly testifying the strong sentiments of adopted.

II. or R.]

Assault on the President's Secretary.

[MAY 23, 1828

Mr. CLARK said he had not imputed any improper self been in the minority of the Select Committee who motives to the member from Massachusetts, or to the had reported on this matter, which minority had reportcommittee, but had spoken only of what he thought|ed on principles adverse to those avowed by the majori would be the probable effect of printing this report, and inquired whether the House ought to lend its aid in producing any such effect. They had, already, upon the table, two able reports from the majority and minority of the Select Committee, which reports differed essentially on principle.

The SPEAKER here reminded Mr. CLARK, that it was not in order to discuss reports, which were not now before the House, they having been ordered to be printed, and not yet having been laid upon the tables of members By the request of a member, the proposed amendment of Mr. GORIAM was read again.

ty, and had concluded their report by an expression of their opinion that some purishment ought to be inflicted by the House, for the breach of its privileges. Yet now, when that minority wished to carry out the principles they bad avowed in their report, by preposing a punishment as light as possible, that gentleman had had the hardihood to rise in his place and openly charge them with improper motives.

The SPEAKER here interposed, and said that he had not understood the gentleman from New York as intending to impugn the motives of the committee, or any member of it, but as merely stating the effect which he apprehended would follow from receiving and printing this paper.

Mr. COULTER then said, that though he doubted the propriety of receiving such a paper, as that just read, in that stage of the business in which it had been presented, Mr. GORHAM replied, that the gentleman had ceryet, this having been presented, (as it seemed to be un- tainly said it was got up with a view to political effect; derstood) by the tacit consent of the House, and the pa- but such was not the fact. He had introduced it to the per having been received, he hoped that it would be House, with the express purpose of shewing the views printed,and that all opposition to the printing of it would be of a portion of that committee, as to the course which withdrawn: for, he would ask, if the House should refuse ought to be pursued in this case. It was the only mode to order the printing of this paper, what favorable effect left to them of giving publicity to these views; because, would ensue to the cause of those gentlemen who oppos- being in a minority, they appeared to assent to what was ed the printing? The refusal to print it would not condone by a majority of the committee. But, Mr. G. said, ceal the matter from the country, as it would immediate- he could never consent to have an impression go abroad, ly go into the public prints; nor would it prevent the prethat he assented to the doctrines in the report. As to sentation of it at the proper time. He repeated his hope, what should finally be done, he was entirely indifferent. that the paper having been received, it would be allow it was not so much with a view to the action of the House, ed to be printed. that he wished to present this amendment, as for the purpose of letting the sentiments of a portion of that com mittee be publicly known, and, as the Chairman of the committee had given notice that he should call up the subject to-morrow, Mr. G. felt bound also to give notice, that, in that case, he should offer the proposed amendment.

[Mr.CAMBRELENG here interrupted Mr. COULTER, to observe, that the paper had not yet been received, and he hoped it would not be.]

The SPEAKER said, that the gentleman from Massachusetts having obtained the floor by consent of the House, had asked that the paper should be received and printed, but this was at the discretion of the House.

Mr. COULTER replied, that, in that aspect of the subject, he should have no greater objection to receive this paper. than he should to the receiving of any other paper in the like circumstance, but he still thought that this was not a proper stage of the business for the House to receive it at all.

Mr. WEEMS moved that the question should be divided, and first put on receiving the paper, and then on ordering it to be printed.

Many members now rose, but

Mr. P. P. BARBOUR having obtained the floor, said, that he had no manner of objection to the printing of this paper, other than that which grew out of the peculiar personal situation which he had already stated to the House. The resolution which the gentleman had read, and which he intended to offer by way of amendment to the report of the committee, was one which had relation, not to fact, but merely to opinion: for, as to the facts of this case, there was no dispute. The majority and the The question was divided accordingly, and recurring minority of the committee agreed upon the facts, and first on the receiving of the paper offered by Mr. GOR- differed only as to the principle involved. As, therefore, HAM, the paper gave no additional information to the House, The SPEAKER explained that it had been the prac-as to facts, he saw no necessity of ordering it to be printtice of the House to permit such requests to be made, ed. It would, of course, find its way into the public and frequently to comply with them, by ordering the paprints, and would thus have all the publicity gentlemen pers to be printed in anticipation, before the subject to could wish. In the mean while, he earnestly desired that which it related was actually before the House, the House, if it went into this subject at all, would take it up to-day; because, standing toward it in the relation he did, he felt as if he ought to be present when it was discussed; and yet it would put him to the most extreme degree of inconvenience to be obliged to remain in his seat another day. Mr. B. said, he knew that the person al inconvenience of any individual formed but a slight reason for any determination of the House, yet, he could not but urge the consideration of this subject to-day. Should the printing of this paper be refused, he would move to postpone the orders of the day, with a view of going at once into the discussion of the report of the committee.

Mr. COULTER then said, that he had before objected to the receiving of this paper, not on account of its particular tenure, but upon general principles. He hoped it would come before the House in the proper time, and that the subject would be decided upon with calmness and deliberation. He should be as willing that this paper should be printed as any other, presented under like circumstances; and, as it appeared, from the statement of the Chair, that other papers have been, in like manner, allowed to be printed, he saw no reason why this should not take the same course. On the subject to which it related, he had indeed a most decided opinion. He was as hostile to the purport of the paper itself, as any one possibly could be; but he hoped, nevertheless, that it would be received and printed.

Mr. GORDIAM said, he had been surprised at the objection urged by the gentleman from New York, [Mr. CLARK] and at the avowed grounds of it. He had him.

Mr. MERCER said his colleague had given what he considered as the strongest of reasons, why the printing of this paper should be ordered: for he had given notice that, if it were not, he should move the postponement of all the business on the table of the House, for the purpose of going into a discussion of the principles involved

MAY 23, 1828.]

Indian Affairs.

[H. OF R.

in the report and counter report from the Select Commit- dignity of this House, nor any breach of privilege. The tee. Now the House had but three juridical days remain-gentleman from South Carolina [Mr. HAMILTON] had very ing, and he could not believe, that the rule, which con- properly reprobated the practice of receiving reports and fined these days to the consideration of matters originat protests from the minorities of committees; and would ing in one House, and to be acted on in the other, ever he now advocate extending this practice, by printing and contemplated the spending of them in such a discussion, receiving this report ? as must necessarily grow out of that report. If it must The SPEAKER said, it was not a report from any com. be discussed, it would be best to reserve the subject unmittee, but merely a paper, which a member of the House til Monday, when this House could not, by the rules, act asked leave to have printed; and it had been the practice on any subject requiring the action of the other branch, of the House, on many occasions, to comply with requests and devote to-day and to-morrow to the consideration of of a similar kind. Senate bills. As to the merits of the present question, Mr. CLARK said, it was, in substance, a report. The he had never known an instance in which the minority of House had received one report from the majority of that a committee had been refused the privilege of making Committee, and another from the minority; now they known their views, in as open a manner as the majority; were asked to receive a third report. He believed the and he referred to the celebrated case of the Missouri case was without a parallel, unless it was to be received question, as an instance in point. If this privilege were under the pretext of being an amendment. It was, to granted to one minority, he did not see how it could be be sure, in Parliamentary strictness, an amendment; but withheld from another. But he declared his determina.it was, in substance, a report. He was confident the tion to vote against taking up the subject to-day. gentleman from South Carolina must, on reflection, per. Mr. HAMILTON said, he was obliged to his friend from ceive, that this would be extending a practice, which he Virginia, for the suggestion which he had made, because professed to disapprove. Mr. C. disclaimed any refer he hoped that it would have some effect in tranquilizing ence to the personal motives of gentlemen, and insisted an excitement, which he was sorry to witness. He was that he had spoken only of what would be the effect of far from considering this subject as one of such vast im-the paper. He had no wish to stifle it, nor would such portance as some gentlemen seemed to think. He thought be the effect of refusing to print it. It would still go to the debate which had taken place, was something like a the community with that refusal of the House, and gen. storm in a teapot. It had been the practice of the House tlemen were at liberty to make what they could of it. a very bad practice he thought-to receive the report The ground on which he opposed the reception of the of a minority of a committee, when they desired to pre- paper was, that this House had no jurisdiction in the case sent one, and to order it to be printed with that of the to which it referred. majority but, in the present case, there seemed to be a sort of sub modo minority; the committee seemed to be moving in triangles. The House had one report from the majority of the committee, and another from the minori The previous question was then put and carried. ty, and now it was presented with a new report, from Mr. WRIGHT, of New York now demanded that the what seemed to be a subdivision of that minority. He main question should be divided, and put, first, on re. considered it a bad practice to receive the reports of mi-ceiving the paper, and then upon printing it. norities at all, but such had been the practice of the House It was divided accordingly; and the question recurring on former occasions, and he saw no reason why it should on receiving the paper offered by Mr. GORHAM, be departed from in this particular instance. There Mr. WRIGHT, of Ohio, demanded that it be taken by seemed to him, on the contrary, to be a good reason why yeas and nays. this whole subject should be postponed until Monday: and it was, that the members of the House had not had an opportunity of examining the reports of the committee: it had been ordered to be printed, but had not yet come from the office. He was, therefore, not informed upon the subject, and, therefore, not prepared to act upon it. He hoped, in the meanwhile, that the House would extend to the gentleman from Massachusetts the usual courtesy of allowing his amendment to be printed before. hand.

Mr. WEEMS said, that there appeared, in this case, to be a triune committee, a majority, a minority, and a sub-minority. As the House had received and printed reports from the majority and minority, he did not see why it should refuse to print the present paper, which he viewed in the light of a third report.

Mr. STERIGERE moved to lay the motion of the gen. tleman from Massachusetts, for the receiving of this paper, "upon the table.

On this question Mr. VANCE demanded the yeas and nays, and they were ordered by the House.

Mr. McDUFFIE and several other members pressed Mr. STERIGERE to withdraw his motion; which that gentleman at length consented to do; but the motion was immediately renewed by Mr. SMYTH.

The question being then put, it was decided by yeas and nays: Yeas 27, Nays 145.

So the House refused to lay the motion on the table. Mr. CLARK, of New York, now rose, and opposed the reception of the paper offered by Mr. GORHAM, on the ground that no offence had been committed against the

Mr. MOORE, of Alabama, now demanded the previous question, and the call was sustained by the House. Ayes 70, Noes 56.

It was so taken, accordingly, and decided as follows: yeas 122, nays 47.

So the House agreed to receive the paper; and it was then ordered to be printed.

Mr. P. P. BARBOUR now said, that, if this subject was to be discussed the present session, how pressing soever the considerations might be which induced him to wish to leave the city to-morrow, he should consider it his duty to forego them, and remain in his place during that discussion. With a view, therefore, of trying the sense of the House, he would move to postpone the orders of the day, for the purpose of taking up the report of the committee in the case of Russel Jarvis.

The question being put, the ayes were 69, and the noes 69, and it requiring two thirds of the House to postpone the orders of the day, the motion was negatived.

INDIAN AFFAIRS.

The House then proceeded to the consideration of the amendments of the Senate to the bill "to enable the President of the United States to hold treaties with several tribes of Indians," which produced, (as every bill on the subject of our Aborigines has invariably done for the last two sessions,) much warm debate.

Mr. SPRAGUE suggested that a large part of the appropriation was probably intended to be applied to what some gentlemen would denominate bribery of the Indians, but to which he, from courtesy, should not apply that term. He appealed for information on this subject to Mr. McLEAN, Chairman of the Committee on Indian Affairs.