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CHEROKEE PHOENIX AND INDIANS' ADVOCATE
Saturday, May 15, 1830
Vol 3 No 4
Page 3 Col. 2b

            Congress
            Senate
            Saturday, April 24.
            REMOVAL OF THE INDIANS

            The bill provided for an exchange of lands with the Indians residing in any of the States or Territories, and for their removal West of the river Mississippi, was resumed in Committee of the Whole.

            Mr. WHITE concluded in his remarks in reply to the arguments of gentlemen in opposition to the bill;

            Mr. FRELINGHUYSEN made some observations in explanation of some parts of his former remarks which he thought had been misapprehended by Mr. WHITE.

            The question on Mr. F's amendment was divided, & first taken on adding to the bill the following proviso:

            Provided, always,  That until the said tribes or nations shall choose to remove, as by this act is contemplated, they shall be protected in their present possessions, and in the enjoyment of all their rights of territory and government, as heretofore exercised and enjoyed, from all interruptions and encroachments. 
           
            The proviso was rejected, by the following vote:

            YEAS- Messrs. Barnard, Barton, Bell, Burnet, Chambers, Chase, Clayton, Foot, Frelinghuysen, Holmes, Knight, Marks, Naudain, Robbins, Ruggles, Seymour, Silsbee, Sprague, Webster, Willey--20.

            NAYS- Messrs, Adams, Benton, Bibb, Brown, Dickerson, Dudley, Ellis, Forsyth, Grundy, Hayne, Hendricks, Iredell, Johnston, Kane, King, Livingston, McKinley, Mclean, Noble, Rowan, Sanford, Smith, of S.C., Tazewell, Troup, Tyler, White, Woodbury--27.

            The question was then taken on the other proviso, which is as follows:

            And provided also, That before any removal shall take place of any of the said tribes or nations, and before any exchange or exchanges of land be made as aforesaid, that the rights of any such tribes or nation in the premises, shall be stipulated or secured, and guaranteed by treaty or treaties, as heretofore made.

            YEAS- Messrs, Barton, Bell, Burnet, Chambers, Chase, Clayton, Foot, Frelinghuysen, Holmes, Knight, Marks, Naudain, Robbins, Ruggles, Seymour, Silsbee, Sprague, Webster, Willey--19
            NAYS-Adams, Barnard, Benton, Bibb, Brown, Dickerson, Dudley, Ellis, Forsyth, Grundy, Hayne, Hendricks, Iredell, Johnston, Kane, King, Livingston, McKinley, McLean, Noble, Rowan, Sanford, Smith of S. C. Tazewell, Troup, Tyler, White,Woodbury--28.

            Mr. Sprague then moved to add a proviso in the following words:

            Provided always, That until the said tribes or nations shall choose to remove as is by this act contemplated, they shall be protected in their present possession, and in the enjoyment of all their rights of territory and government, as promised or guaranteed to them by treaties with the United States, according to the true intent and meaning of such treaties.

            The amendment was negatived by yeas and nays, 20 to 27, the vote being the same as on the first proviso.

            Mr. FRELINGHUYSEN NEXT OFFERED THE FOLLOWING PROVISO:

            Provided always, That nothing herein contained shall be so construed as to authorize the departure from, or non-observance of, any treaty, compact, agreement, or stipulation heretofore entered into and now subsisting between the United States and the Cherokee Indians.

            This amendment was rejected by yeas and nays, by the same vote as the preceding.

            On motion by Mr. M'KINLEY, the fourth section was amended, by adding thereto the words following.

            And upon the payment of such valuation,the improvements so valued and paid for shall pass to the United States, and possession shall not afterwards be permitted to any of the same tribe.

            A verbal amendment in the fourth section, proposed by Mr. SPRAGUE, having been agree to,

            Mr. SANFORD moved to add the following section:

            And be it further enacted, That where the lands in any State are held by Indians, and such lands belong to the State, subject to the claim of the Indians, or the State, or it guarantees are entitled to purchase the Indian title, the President of the United States may give and assign to any such Indians, any suitable district or portions or the lands described in the first section of this act, when any such Indians shall choose to remove to and reside on the western lands, so as to be assigned to them.

            Mr. WOODBURY moved to add thereto the following:

            Provided, That no part of the expense of extinguishing the titles, or paying for the improvements of the lands on the removal, or of the expense of extinguishing the titles, or paying for the improvements of the lands on the removal, or of the first year's residence of the Indians, referred to in this section, shall be borne by the United States.

            This was accepted by Mr. SANFORD, as a modification of his motion, and the amendment was then rejected by yeas and nays, 10 to 37, as follows.

            YEAS-Messrs, Barnard, Dudley, Ellis, Forsyth, King, McKInley, M'Lean, Marks, Sanford, White.--10
            NAYS- Messrs, Adams, Bell, Benton, Bibb, Brown, Burnet, Chambers, Chase, Clayton, Dickerson, Foot, Frelinghuysen,  Grundy, Hayne, Hendricks, Holmes, Iredell, Johnston, Kane,Knight, Livingston, Naudain, Noble, Robbins, Rowan, Ruggles, Seymour, Silsbee, Smith of S. C., Sprague, Tazewell, Troup, Tyler, Webster, Willey Woodbury--37.

            On motion by Mr. FORSYTH, the second section was amended by adding thereto the following:

            When the land claimed and occupied by the Indians is owned by the United States, or the United States are bound to the State within which it lies, to extinguish the Indian claim thereto.

            On motion by Mr. WHITE, the blank in the eighth  section was filed with 500,000 dollars,and the bill reported to the senate with the amendments which having been concurred.

            Mr. FRELINGHUYSEN moved further to amend the bill, by adding the following proviso, which was rejected:

            Provided, That before any change shall take place, the President of the United States shall nominate, and, by and with the advice and consent of the Senate, appoint three suitable persons, and by them cause the country to which it is proposed to remove the Indians to be fully explored, and a report made to the President, and by him to Congress, of the extent of good and arable lands that can be obtained, and of the proportion of woodland in such country and of its adaptation to the objects of this bill, and to the wants and habits of the Indian nations.

            The bill was then engrossed for a third reading by yeas and nays, as follows:

            YEAS- Messrs. Adams, Barnard, Benton, Bibb, Brown, Dickerson, Dudley, Ellis, Forsyth, Grundy, Hayne, Hendricks, Iredell, Johnston, Kane, Livingston, M'Kinney, M'Lean, Noble, Rowan, Sanford, Smith of S. C., Tazewell, Troup, Tyler, White, Woodbury--28.

            NAYS--Messrs. Barton, Bell, Burnet, Chambers, Chase, Clayton, Foot, Frelinghuysen, Holmes, Knight, Marks, Naudain, Robbins, Ruggles,Seymour, Silsbee, Sprague, Webster, Willey--19.
            The Senate then Adjourned.

__________________

            The following is a copy of the bill providing for the removal of the Indians, as it was passed by the Senate to a third reading:

            Be it enacted, &c. That it shall and may be lawful for the President of the United States to cause so much of any territory belonging to the United States west of the river Mississippi, not included in any State, to which the Indian title has been extinguished, as he may judge necessary, to be divided into a suitable number of districts, for the reception of such tribes or nations of Indians as may choose to exchange the lands where they now reside, and remove there; and to cause each of said districts to be so described by natural or artificial marks as to be easily distinguished from every other.

            Sec. 2.  And be it further enacted, That it shall and may be lawful for the President to exchange any or all of such districts, so to be laid off and described, with any tribe or nation of Indians now residing within the limits of any of the States or Territories, and with which the United States have existing treaties, for the whole or any part or portion of the territory claimed and occupied by such tribe or nation, within the bounds of any one or more of the States or Territories, when the land claimed and occupied by the Indians is owned by the United States or the United States are bound to the State within which it lies to extinguish the Indian claim thereto.

            Sec. 3 And be it further enacted, That in the taking of any such exchange or exchanges, it shall and may be lawful for the President solemnly to assure the tribe or nation with which the exchange is made, that the United States will forever secure the guaranty to them, and their heirs or successors, the country so exchanged with them; and if they prefer it, that the United States will cause a patent or grant to be made and executed to them for the same: Provided always, That such lands shall revert to the United States, if the Indians become extinct, or abandon the same.

            Sec. 4 And be it further enacted, That if any of the lands now occupied by the Indians, and to be exchanged for, there should be such improvements as add value to the land claimed by an individual or individuals of such tribes or nations, it shall and may be lawful for the President to cause such value to be ascertained by appraisement or otherwise, and to cause such ascertained value to be paid to the person or persons rightfully claiming such improvements.

            Sec. 5.  And be it further enacted, That upon the making of any such exchange as is contemplated by this act, it shall and may be lawful for the President to cause such aid and assistance to be furnished to the emigrants as may be necessary and proper to enable them to remove to, and settle in, the country for which they ma have exchanged, and, also to give them such aid and assistance as may be necessary for their support and subsistence for the first year after their removal.

            Sec. 6. And be it further enacted, That it shall and may be lawful for the President to cause such tribe or nation to be protected, at their new residence, against an interruption or disturbance from any other tribe or nation of Indians, or from any other person or persons whatever.

            Sec. 7 And be it further enacted, That it shall and may be lawful for the President to have the same superintendence and care over any tribe or nation in the country to which they may remove as contemplated by this act, that he is now authorized to have over them at their present places of residence.

            Sec. 8  And be it further enacted, That, for the purpose of giving effect to the provisions of this act, the sum of 500,000 dollars is hereby appropriated, to be paid out of any money in the Treasury, not otherwise appropriated.