make a treaty binding, it is necessary that it should be made by the authority of the United States, and this is all which is necessary. This authority is delegated to the President and Senate, and, when exercised by them, the States have agreed that it is duly made. Whereas, as to [MAY 18, 1830. would submit to the committee some considerations evincing the impolicy of the passage of this bill, growing out of the enormous expense which will attend its execution, and the utter annihilation which it will cause of the tribes who may remove to their contemplated residence west of the a law, it must be made in pursuance of the constitution, Mississippi. But I have already exhausted my strength and of this the judicial department is constituted the in the discussion of the other interesting questions connectjudge. Now, these treaties have been made by the Pre- ed with the bill. I shall leave these topics to my friends sident, and ratified by two-thirds of the Senate. They who may follow me in this debate. have therefore been made under the authority of the United States; and thus the States, by becoming parties to the constitution, have declared them to be the supreme law of the land. Is it in the power of any State to declare that, in making these treaties, the limits prescribed by the constitution, were passed? that there was an exercise of power not to be delegated? Ît is, in most cases, a safe rule by which to ascertain the correctness of an assumed principle, by following it out in its consequences. What would they be in the case we are now considering, if these treaties are invalid? If they are void as to the United States, or as to any of the States, they are so as to the Indians. If they cannot be carried into effect, in good faith, because they infringe upon the rights of the States, they are inoperative for all purposes. The Indian tribes may say with great propriety to this Government, if you have not the power to fulfil the stipulations contained in the treaties made with us, we are un I would not, if I had the power, excite any improper sympathy in favor of these remnants of a once powerful race. I will not ask the committee to consider the manner in which the white man was received by them, when he first set his foot upon the shores of the Western world; to the cessions of lands which from time to time they have made to the colonies, and to this nati nation; to their present condition as improved in civilization, in morals, and religion; to their attachment to their present homes, the lands which they occupy, the graves of their fathers. No, sir, our obligations to sustain and protect them where they now are, are derived from sources which need not the aid of sympathy to give them credit. My friend from New York [Mr. STORRS] pointed out the view which would hereafter be taken of our decision on this bill, should it become a law. He took us from this Hall, and assembled us before the tribunal of our own countrymen, who would pronounce the sentence of con der no obligation, on our part, to comply with them. If demnation; before the tribunal of assembled nations, who you exceeded your powers, the treaties are at an end. would pass a like sentence; before the tribunal of posAnd what would then be the result? Why, every cession terity, where would be open the volume of history, in of land made by virtue of them is a void grant. The which would be found written in letters of fire, this reboundaries which now circumscribe them, are no longer public violated its solemn treaty obligations with the Indian fixed and permanent. Every thing conceded by them in tribes, because it had the power, and was actuated by mothese treaties, is set afloat. Are the States more especial- tives of interest to do it. Sir, our future historian will ly benefited by them, prepared for this result? Are they not have the power of the recording angel, as he writes willing to acknowledge the principle that no permanent this sentence, and drops upon it a tear to blot it out. It rights were acquired for them by the ratification of these will remain there as long as time endures. It is like the treaties? ulcer of infamy; no balsam can heal it: it is like the wreck If the Indian tribes possess the rights of soil and sove- of a ruined reputation; no artist can rebuild it. I might reignty to the extent which I have attempted to show they pursue the train of thought suggested by my friend from do possess them; if the treaties and laws entered into and New York. I might assemble this nation before the most enacted by the United States in relation to these tribes, august tribunal ever to be erected-the tribunal of the last are valid, the power to pass this law does not exist, and day. y. But I shall not attempt to draw aside the veil which its inexpediency is obvious. It takes away from those tribes, conceals the transactions of that day. Divine inspiration or impairs the rights which belong to them. It substitutes hath written for our admonition, and I pray that it may a legislative enactment, requiring only a majority of both not be repeated, in the retributions of the last judgment, Houses of Congress for a treaty which requires the assent of two-thirds of the Senate. If my physical strength was competent to the task, Cursed be he that possesseth himself of the field of the fatherless and him that hath no helper, and the congreIlgated universe pronounce the sentence just. INDEX TO THE DEBATES IN THE SENATE. Adjournment, joint committee appointed to wait upon the Georgia, motion to print the remonstrance of the State of, President, and notify him that Congress were Appropriation bill, taken up, 245. Appropriations for light-houses, beacons, and buoys, bill bill detained by President United States for further against treaties formed by the United States with 247. Army of the United States, bill authorizing the President Hunt, Theodore, resolution calling for the reasons for the to mount and equip ten companies of the, taken Attorney General, bill to reorganize the establishment of removal of, from the office of recorder of land Impeachments. (See Peck, James H.) Indian Baltimore and Ohio railroad bill, authorizing a subscription Canals. (See Louisville and Portland) Currency, resolution submitted to inquire into the expe- Deaf and Dumb, bill making donation for New York in- dian title within the State of, taken up, 16; de- Indians, resolution calling for information respecting the bill to provide for an exchange of lands with, various amendments proposed to include similar adopted, 304; further amendments proposed, Duties, taxes, &c., bill for the abolition of, notice given of Duties, bill to reduce the, on coffee, tea, and cocoa, from during the war, taken up, amended, and post- Internal improvement, bill making appropriations for ex- the House of Representatives, with amendments Lands, resolution proposing to limit the sales of the public, Duties on imports, bill to exempt certain merchandise from Executive powers, notice given of a proposed motion to Fulton, Robert, resolution submitted and adopted, to in- bill to recompense the heirs of, rejected on the 4 and of abolishing the office of surveyor general, bill for the relief of the purchasers of the public, Land claims in the district of Jackson court-house, bill Lands, bill to graduate the price of the public, taken up, the bill in relation to light-houses and harbors, for President of the Senate, casting vote of, 43. pro tempore, elected, 456. Reed, Mr., of Mississippi, his death announced, and pro- resolutions submitted, calling for the number of, Smith, Mr., of Maryland, elected President pro tempore of 11; bill passed, 11, on passing same, after being returned by the Presi- do 30 dosidera out to pienasib edita dab: viointela 8.24 فاء شاديا 1. |