SENATE.] Cherokee Memorial. [MAY 20, 1834. that the Senate should shut its doors against them, be-ollected in the House of Representatives, when he was cause they had presented a petition under this title, thus a member of that body. The House refused to receive confirmed, and that, too, when from this same nation the the complaint; and, afterwards, when the political charGovernment, for a mess of pottage, had obtained no less acter which the complainants had assumed was dropped, than two or three hundred millions of acres of their land? their representations were heard, and justice was done to them, as the nature of their case seemed to require. This could be done here. He moved that the paper be not received. The question was then taken upon Mr. FORSYTH'S motion, that the paper be not received, and decided in the negative, by the following vote: Mr. CLAYTON said he would ask the Senate to bear witness, that when he presented the memorial, so far was he from attempting to produce agitation, that he had gone Mr. FRELINGHUSEN said, if the Cherokees were an no farther than to make a very brief statement of the con- independent Government, then there might be some tents of the memorial, and to move its reference to the weight in what the gentleman from Georgia had said; but Committee on Indian Affairs, which was the usual course. when they were dependent, how could gentlemen object Yet the Senator from Georgia had represented it as a new to receive a petition from the head of the nation? Why subject of agitation. If the Senator from Georgia had did the constituents of Senators apply there? Because known the circumstances, he would be ashamed of what they were dependent on the action of Congress. It was he had said. [Mr. FORSYTH said he had made no direct fallacious to argue that they had no right to come forpersonal allusion to the gentleman: the desire to agitate ward as an independent nation. What they said was the came from without.] Mr. C. demanded it as a matter of simple truth. To refuse to receive a memorial from peojustice, that the Senate should look at the fact proved by ple who put themselves under the protection of the Govthe documents, that the annuities were withheld. Gen-ernment was a monstrous political absurdity. tlemen contended that this construction of the law was Mr. HENDRICKS would receive the memorial, but he the true one, that the Executive was bound to pay the objected against it. There was more difficulty in shieldCherokees individually. Even granting that this was the ing the Indians from the dishonesty of their own chiefs, truc construction, had not the Cherokees the right to ask and the agents, than from any action of the Government. Congress to pass a new law on the subject, that the pen- It would be better, if the chiefs were honest, to pay the sion should be paid over to the heads of the nation? So money to them; but by that means, the people sometimes far from arraiguing the Executive, the petition went on never got it. There was a regulation made five years ago, the supposition that the Executive having put the im- in the department, as to the mode of paying the money proper construction on the law, Congress ought to pass a to the Indians, of which a number of people, combined new law. Was this request unreasonable? These per- with the chief, took advantage, and defrauded the people sons had a right to their annuities, which, paid in this of their money. He thought it better to pay it to each manner, were of no use to them. An individual must now head of a family. It was found that they durst not take often go fifty miles to get an annuity of fifty cents; and it for fear of the chiefs, who insisted upon a right to rethey invoked the aid of Congress to give them their an-ceive the money. By this means the people were kept nuities as the law was formerly supposed to indicate. long out of their money, and sometimes cheated out of Mr. C. noticed an instance in which the Cherokee de- the half of it, or perhaps the whole. legation had been told that their expenses would be paid at Washington by the Executive. This indicated that the Executive exercised the whole power of paying the annuities as he pleased. Under these circumstances, was YEAS.-Messrs. Bell, Bibb, Brown, Calhoun, Clay, it not proper that Congress should say how the annuities Clayton, Ewing, Frelinghuysen, Hendricks, Hill, Kent, should be paid? Mr. C. professed not to understand the Knight, Leigh, Linn, McKean, Mangum, Naudain, Prenmorality of the Government in its treatment of the Indian tiss, Preston, Robbins, Robinson, Shepley, Silsbee, Smith, tribes; but if such a tribe was to be considered as a for- Sprague, Swift, Tipton, Tomlinson, Tyler, Webster.-30. eign power, this would be considered, in its direct effect, NAYS.-Messrs. Benton, Forsyth, White.-3. to bribe the ministers of a foreign power. The Senator Mr. TIPTON said that he was in favor of receiving and from Georgia had contended that they were not a foreign referring this paper to the Committee on Indian Affairs. nation; but when the Indians memorialized Congress, Mr. He would hear the complaints of the humblest individual, C. hoped they would be permitted to do so; he would no matter of what color, if he was an individual entitled, regret if their petition should be refused admittance, and as the Cherokees were, to the protection of our Governif the Indians should hear that they were never to be per-ment. But, sir, I am opposed to incurring the expense mitted to ask relief. He trusted that it would be re- of printing the voluminous documents accompanying the ceived and referred. memorial, until after it is examined and reported on by Mr. FORSYTH replied, that the gentleman from New a committee of the Senate, who could judge correctly Jersey was mistaken in point of fact; the laws of Georgia what consideration it is entitled to from this body. had not been extended over the tribe. As to the fact that I am confident, said Mr. T., that it is right and proper they were not presenting themselves as a foreign Gov- to protect the poor Indians. No member of the Senate ernment, they came here as the Cherokee nation; and feels a deeper interest than I do in their preservation and what was a foreign Government, he would inquire? This prosperity, and it will be found much more difficult to was an independent Government, or they represented shield the poorer class of Indians from combinations of themselves to be so, appealing against the Executive-dishonest chiefs, and their co-workers of mischief and they were appealing to one branch of the Government oppression, than to protect them against the impositions against another. This very subject had been in discussion of the officers of the Indian department. here for two years-there was no refusal, and there could The policy adopted five years ago by this administrabe no refusal to do them justice, and honorable gentle- tion, of paying the annuity to the heads of families, and men could possess themselves of every thing which could not to the chiefs, is both just and proper. It not only give them information in relation to this subject, by the shields the poor Indians from the impositions of dishonest usual proceeding of resolution, calling on the Department chiefs, but enables the President to detect dishonest of War. He objected to having an ndependent member agents of the Indian department. The Secretary of War of this Union, which he had the honor of representing in knows, or should know, the number of Indians in each part, thus arraigned before the Congress of the United tribe, and the amount to be paid to them by the Indian States by an insolent Cherokee. Attempts like this had agents; and if the Indian agents were instructed to transbeen made twice before. One of which he, Mr. F., rec-[mit with their accounts for settlement, an abstract, show MAY 20, 1834.] Cherokee Memorial. [SENATE. ing the number of heads of families in each tribe, and the tion of this Government? They could not be touched number of individuals in each family, with the amount of either by the laws of the United States or by those of the money paid to each, and this abstract should be certified State of Georgia; they said they were above them; and by two witnesses, known to be entitled to credit for ve- yet they came here and demanded that the Senate should racity, should the payment not have been made in the ut-interfere between them and the President. He (Mr. F.) most fairness, to all persons belonging to the tribe, the had no objection to their case being heard; he had no obPresident should dismiss every agent neglecting to do his jection even to go over all the old ground again, and to duty agreeably to instructions. take up the decision of the Supreme Court; to go into a minute analysis of the laws of the State of Georgia, (although he must say that the State of Georgia had committed no injustice towards them.) He had no objection to do all this; but he repeated that he did object to the reception of a paper from persons of this kind, calling upon one branch of this Government to interfere with the proceedings of another. The honorable Senator from Delaware [Mr. CLAYTON] has told us how oppressive it was for a poor Indian to travel fifty miles to receive fifty cents, when the chiefs could bring them their money without cost, as was the case under former administrations. The honorable Senator is mistaken as to the facts. There is no law directing it what manner the annuity shall be paid; it is, as it should be, left to the President, Mr. CLAYTON read a part of the memorial for the and the mode complained of is the only just one. It is purpose of showing that the petitioners did not consider the duty of the agents to count the money due to each themselves a foreign nation. With regard to the obser individual, or head of family, and to show each man what vations of the Senator from Indiana, he (Mr. C.) would he is entitled to for himself, wife, and each child, and not say, that he thought there was less danger of the Indians suffer the chiefs to cheat them out of a portion of the being cheated by their own chiefs than by the Govern money due to them from the Government. It is true, that ment of the United States. The honorable Senator had if all the chiefs were honest, this would change the case. related an anecdote: he (Mr. C.) begged to ask what tribe Sir, said Mr. T., I have heard of Ross, the memorialist; the chiefs belonged to who had acted in the way the honhis name and character have not made a favorable impres-orable Senator had described. sion on my mind. I have no doubt but he, and others Mr. TIPTON mentioned the name of the tribe, but it acting with him, will substract twenty-five per cent. from was not heard in the gallery. the annuity, if it is put into their hands. The chiefs, most generally, are traders, and will pay the people in goods or whiskey, and keep the money, and the poor Indians will never see a dollar. Mr. CLAYTON said that was a wild and savage tribe, whilst every one who knew any thing of the matter, would allow that the Cherokees were rapidly advancing towards a state of perfect civilization. With regard to John Ross, There have been cases, said Mr. T., where the chiefs, he had seen that individual upon two occasions, and had and a few others, prevented the common Indians from re-been much pleased with his mild and unassuming manceiving the money due them from the Government; al-ners. He had never heard any thing against his characthough the agents would count and offer them their an-ter. The treaties declared that the money granted to nuities, they would not receive it, fearing the displeasure those Indians by the law, should be paid-to the chiefs of of the chiefs; and the chiefs and traders want to coerce the nation; but the Government had hitherto, in defiance the Government to make the payment in such manner as to favor their interested and dishonest motives. of those treaties, adopted a different mode of payment, and the consequence had been great loss and inconvenience. The Cherokees had appointed their chiefs to receive the money, and the Government had nothing to do with any other question. This chief, (Ross,) I understand, claims 3,000 dollars to defray his expenses in coming here, and he wants the Government to pay this expense; and if Congress refuse this request, I do not doubt that Ross will never let the Mr. WEBSTER said "Strike, but hear!" had, upon annuities pass from his grasp, until he wrings from the one occasion, been the expression of patient endurance to poor people of his tribe the price that he wants us to pay arbitrary power. He thought this expression would apfor coming here to annoy the President and Congress. ply well in the present case. Mr. W. then went on to argue Sir, I am anxious to have a report on the facts of this in favor of the reception of the petition. Did these peocase from the Committee on Indian Affairs. Let us know ple, he said, represent themselves as an independent naall the facts, and I have no doubt that we shall find that tion? Certainly not! Hard words were not strong arguthe chiefs, and a few others, actuated by selfish mo-ments, and “insolent, audacious, presumptuous Chertives, are waging war upon this most just and proper okees," proved nothing. The fact was, that a people measure of the administration. When we understand residing among us, petitioned to the Senate for redress. all these facts, I hope that the Senate will sustain the ad- Now, were they citizens of the United States, or were they ministration in this measure. a foreign nation? Neither. They stood in a peculiar re I know that many honest men, who are misled by such lation to this country. They were in some sort independent clamors, coming from interested men, are imposed on, and—but we did not admit that they were absolutely so. We under a mistaken state of the facts, are aiding this chief, did not permit them to form European alliances, nor to Ross, and others. I am sure that, so soon as better inform-sell their lands, excepting to ourselves. Why, then, could ed, they will change their course, and lend us their support. not the Senate receive their petition? There was no sov Mr. FORSYTH felt surprised that the Senator from ereignty about them. The different States of the Union New Jersey [Mr. FRELINGHUYSEN] should have said that petitioned, and did any one suppose there was more indethese Indians were not an independent nation. They had pendence in the Cherokee tribe than among the several brought their claim to be considered as a separate na- States. But the case did not stop here. If the trea tion expressly before the Supreme Court; that court had ties had not been fulfilled, the Indians must obtain redress not, it was true, sanctioned their claim, but the second somewhere, and if they could not apply for it here, where court had decided in their favor, and they now every were they to go? They could not apply in a national where maintained that their rights in this respect had been way. Here were large sums of money placed in the recognised. He (Mr. F.) had thought that the Senator hands of the Executive, which the Indians thought had from New Jersey had always been of opinion that they not been applied properly; what were they to do? were a separate nation. He would ask that Senator now, The consequence, Mr. W. said, of the opposite docif it would be possible to pass a bill doing equal justice trine, would be, that there should be no strict control over to these Indians and the citizens of Georgia? Would the the Executive in relation to the Indian annuities. The former not declare themselves to be beyond the jurisdic-gentleman had said the subject might be called up other. VOL. X.-112 SENATE.] Cherokee Memorial.-New York Memorials. [MAY 21, 1834. wise; but how could it be done? If it was for their Mr. FORSYTH did not rest his objection on this word interest, there seemed to be reason in allowing them the alone, but on the whole character of the paper, which right to come and petition Congress. They must come he still insisted presented this people as an independent in the character of petitioners, or not come at all. Mr. nation. W. was sorry that the gentleman from Georgia had Mr. BIBB thought this debate had taken a most unexintimated that there was any getting up of the petition. ampled turn. The gentleman from Georgia seemed to Mr. W. knew nothing of it, and he could see no in- suppose that every man who would not push this subject ducement to get up a petition of this sort before Con- to an extremity, wished to raise a hurly-burly in the gress. He thought it harsh to say to them that they should United States. There had been three separate and disnot be heard, and that whatever they suffered, they must tinct treaties with the Cherokees, in every one of which submit in silence. The case was just the same as if the it was recognised that they were dependent on the Unipetition had been presented by individuals, whose right to ted States, and were subject to Congress, and not to the petition could not be denied. The gentleman had said Executive, and by the constitution, the Executive had no that the question ought not to be raised by petition; but power over them. How then could gentlemen suppose it was the usual way of raising questions. The only ques- that Congress were invading the powers of the President? tion which could be properly asked was, whether the in- They had come with their petition; they did not claim to dividuals were interested in the subject-matter of the be independent; the distinction between dependent and petition; and the Cherokees were so interested; they had independent nations was not new. What was once the come in the usual form, and had come for protection uncondition of the United States? They were colonies, or der the law. Mr. W. hoped the paper would be receiv- dependent nations; and in the Declaration of Independed, referred, and printed, and that the committee would ence,' one of their alleged grievances was, that Great make such a disposition of the subject as in their judg- Britain turned a deaf ear to their complaints, and when ment the case required, the colonies prayed for a redress of their grievances, she Mr. FORSYTH thought a little change in the aphorism would not hear them. Mr. B. was as unwilling as the of the Grecian chief, would render it more applicable to Senator from Georgia, to change the relationship; he conthe present case: "Hear, that you may strike!" Mr. F.sidered the Cherokees as dependent; but the Government said, if a Frenchman should present himself in the char- had acknowledged their existence as a people, as a deacter of an individual, he would not be denied a hearing; pendent people, and had undertaken to protect them; but if he should present himself as the representative of and how then could it refuse to hear their greivances? If the French nation, his petition would not be received. the paper should be referred to the Committee on Indian Such was the case with these individuals; they presented Affairs, Mr. B. did not doubt that the subject would rethemselves as the delegates of a nation; and would hon-ceive the proper attention. orable Senators say that they had a right to receive them The question on receiving the paper was taken, and in that capacity? The only mode was to present them- decided in the affirmative, as follows: selves through the Executive, and Congress could not in- YEAS.-Messrs. Bell, Bibb, Brown, Calhoun, Clay, terfere, without an interference with Executive preroga- Clayton, Ewing, Frelinghuysen, Hendricks, Hill, Kent, tive, without a violation of the principles of the constitu- Knight, Leigh, Linn, McKean, Mangum, Naudain, Prention. Gentleman had said, that injustice had been done tiss, Preston, Robbins, Robinson, Shepley, Silsbee, them; it had never been done, and it was impossible that Smith, Sprague, Swift, Tipton, Tomlinson, Tyler, Webit could be done. The subject of Indian annuities had ster.-30. been two years before Congress, and so long it had been known that the annuities were paid in the present mode. Why had not redress been given? Why was the subject now presented in this manner? Mr. F. would tell why. The Cherokee nation was split into two parties, of one of which Ross was the chief; lie had possession of the purse and the sword, and did not want to go away. A portion of the tribe wished to go away; they were now negotiating a treaty with the President for that purpose, and this petition had been brought to sustain the chief at home. Mr. WEBSTER said, he had several memorials to preThe object was to agitate the public mind, to enable Ross sent to the Senate from different parts of the State of further to deceive the individual Cherokees, in supposing New York. The first is from the county of Otsego, and that they would be settled down with a right to an inde- was adopted at a meeting of two hundred and fifty or pendent existence in three or four States. There might be another motive operating on this individual and on the individuals who prompted this movement. Mr. F. understood the Cherokee manager was here to give advice how to act, that a better price might be secured to individuals, and they would then go away. NAYS.-Messrs. Benton, Forsyth, White.-3. On motion of Mr. FRELINGHUYSEN, at a quarter before five o'clock the Senate adjourned. WEDNESDAY, MAY 21. NEW YORK MEMORIALS. three hundred delegates of the several townships in that county. The meeting was composed of those who are opposed to the powers assumed by the Executive in its recent measures. This memorial sets forth that Otsego is one of the largest and most populous counties in the State; that its reMr. WEBSTER said, as Congress were about intro- sources are the fruits of agriculture, and the products of ducing a free Government among the Cherokees, he was manufacturing industry. Beyond the extent of domestic sorry to hear, by the gentleman from Georgia, that John consumption, these fruits and products, as the memorialRoss had got possession of the purse and the sword; but ists state, are nearly without a market, because all conin this they were only following the example of their fidence is destroyed, and the whole business of the county white neighbors. The error of the gentleman consisted deranged. The merchant, they say, is unable to collect in his understanding the word nation, in its common ac- his debts, the mechanic can find no market for the product ceptation, whereas there was not a man in the United of his labor, the farmer can no longer obtain a reasonable States who did not know that nation, in this case, did not price for his agricultural products, and the manufacturer imply entire independence. The gentleman's argument is obliged to curtail his business, or relinquish it altorested entirely on a false foundation, when nation in this gether, by reason whereof many laboring men are thrown case means a tribe of people, controlled and protected by out of employment. Congress-not such as France, Spain, or any other foreign country, They say, sir, what all must admit to be true, that, up to the time when the Executive interfered with the cus MAY 21, 1834.] Memorials from New York, Ohio, Virginia, and Pennsylvania. [SENATE. tody of the public money, the United States enjoyed a pressure prevails in the money concerns of the country, sound, safe, and most convenient currency, and that that the fall of prices, and general pecuniary embarrassment. interference it is, and nothing else, which has caused so They state their belief that these evils are occasioned by much derangement and so much distress. They had the removal of the public deposites from the Bank of the strong hopes of immediate relief from Congress, until United States; that the affairs of the country cannot be they saw the decision of the other House, and even now successfully conducted without a national bank, and that they expect relief from no other quarter. Another memorial, sir, which I have the honor to present, is from the village of Brockport, in the county of Monroe. I am informed, sir, that it was adopted at a meeting of the citizens of that village, without distinction of party. It is numerously signed, and states, with clearness and with strength, the effects of measures of Government on the happiness and prosperity of the country. They refer, in proof of these effects, (and they refer to them with pain,) to the fallen value of all the principal articles of domestic produce; To the decline in the value of real estate, both in the county and in the village; To the impracticability of obtaining loans, as heretofore, on bond and mortgage; it is essential to the credit and quiet of the country that the deposites be restored; and they pray for the restoration of the deposites and a re-charter of the bank, with suitable modifications. I need not say to the Senate that I concur entirely in the opinion of the memorialists, and regret that I can hold out to them no prospect or hope that their wishes will be regarded by those who now hold the power of the nation in their hands. JEFFERSON COUNTY (VA.) MEMORIAL. Mr. LEIGH rose and said he had been requested to present the memorial of a large number of citizens of Jefferson county, Virginia, on the same subject on which so vast a number of memorials had been laid on the table, the number of which was destined so greatly to increase. This memorial, he said, had the merit of being very concise, and concluded with a prayer to which he trusted dis-every man in the country would respond. They earnestly pray, said he, that Congress, laying aside all party feelings, will adopt such measures as will give speedy relief zens from the calamities that overwhelm them. to the country, and rescue thousands of our fellow-citi To the ruinous discount on mercantile paper, varying from 20 to 40 per cent.; To the inability of the bank to make necessary counts; To the suspension of manufacturing business; To the suspension of commercial confidence; and to the complete stagnation in almost every branch of industry. These, sir, are the painful proofs to which the citizens of Brockport refer, to justify their sentiments in regard to these recent political acts of the Executive power. And, sir, is there any man acquainted with the real state of facts, who will stand up here, now, and undertake to gainsay these proofs? The memorials were then referred to the Committee on Finance, and ordered to be printed. PENNSYLVANIA AND NEW YORK MEMORIALS. Mr. CLAY rose to present several memorials and proceedings of public meetings to the Senate. He would first offer six memorials from the county of Huntingdon, in the mountain region and iron district, and near the cenThe other memorial, sir, which the signers of it have tre of Pennsylvania, complaining of injury to their busidone me the honor to intrust to my care, is from the ness, which is that of agriculture and manufactures, in freeholders and inhabitants of the town of Pittsford, in consequence of the late measures of the Executive. It the county of Monroe. These memorialists express their will be recollected by the Senate, that the Senator from opinions on the questions which now agitate the country, Pennsylvania [Mr. WILKINS] some time ago presented, in a manner which shows that they well understand those with particular satisfaction, certain proceedings of a porquestions. They show that the distress of the country tion of the people of that county, approving of these does not arise from an extraneous cause; they show, that measures, and representing a flourishing condition of the it is not chargeable to the bank; but they trace it directly county. These memorials are of an opposite tenor; and to the interference of the Exeot ive with the public deposites and the national curne fact th he, Mr. C., is assured, by the highly respectable citizens who have transmitted them to him, that other similar Mr. President, these num dissolutionorials, coming be- memorials are in circulation, which will be subscribed fore us daily, from vasses, like thof the great State of by large numbers of the people of that county; and he New York, from her cities, her counties, and her vil is also informed that a vast majority of the freemen of lages, showing so much intelligence, so much just con- the county are decidedly opposed to the acts of the Exception of the true causes of the country's distress, and ecutive. so animated a spirit in opposition to recent assertions The next proceedings which he begged leave to preof Executive power, may be received, as I verily be- sent, were those of a large and highly respectable meetlieve, as auguries of the decision which the people of ing in Doylestown, Bucks county, Pennsylvania. That this important State will make, when they shall next ex- county is situated near Philadelphia, on the Delaware, ercise their power, through their rights of suffrage, and and is dedicated to the pursuits of agriculture and manushall speak the language which becomes them, as freemen factures. The meeting, and its officers, were composed who know their rights, and knowing, will maintain them. of all parties, and their high standing has been attested to OHIO MEMORIALS. him by the member in the other House who represents them. Their resolutions are drawn up with much ability, Mr. EWING said he some days ago presented a memo- and evince an entire knowledge of the questions which rial from the citizens of Athens county, Ohio, on the sub- have agitated Congress and the country. They comject of the general condition of the country, which was plain of the derangement of business, and the injury unordered to be printed with the names. He now added to necessarily inflicted by the ill-advised measures of the the list two similar papers from other townships in the Executive. They emphatically dwell on the violations same county, which adds seventy-three names to those by that department, of the constitution and the law, and already presented. I also, said Mr. E., avail myself of the unwarranted control which it has assumed over the this occasion to present to the Senate two other memo-public treasury. rials, from different parts of the State of Ohio, on the The people of Doylestown think, and so does he, that same all-absorbing subject. The one from Huron coun- the Secretary of the Treasury ought to have restored ty, which lies in the northern part of the State, touching the deposites after the passage of the resolutions of the the lake shore; the other from the county of Greene, in Senate. Under any former or ordinary administration, it the Miami valley. They concur in stating that a general would have been done. His reasons had been submitted SENATE.] Memorials from Pennsylvania and New York. [MAY 21, 1834. to Congress. Neither House approved them, and one his possession, from the Department of State, demonpositively declared them to be unsatisfactory. He (Mr. strated the inaccuracy of that statement. After he left C.) has yet to meet with the first member of Congress Paris, our Government was represented first by one and who, in private conversation, does approve them. Sev- then another chargé des affaires. And what has been the eral members of the administration party in this House consequence? The French House of Deputies, probably have expressed, in debate, their regret that the measure supposing that France had been taken in by the negotiawas adopted. Under these circumstances, a just distrust tion, rejected the bill of indemnity by a meager majority of his own judgment, and a proper deference towards the of eight. opinions of others, should have induced the Secretary to retrace his steps. You know, sir, that a chargé des affaires, whatever may be his personal merits, does not enjoy the considerMr. President, the course of the Executive in regard ation at a foreign court which a minister plenipotentiary to the chief officer of the Treasury, demands the serious is allowed. He has no right of access to the person of attention of the people and of Congress. On the 29th the King, and can make no official representations diMay, 1833, Mr. Duane was appointed Secretary, and, in rectly to him. If the President had made his cabinet arSeptember following, he was removed by the President, rangements, and appointed Mr. Livingston, during the and Mr. Taney was appointed. Thus, for twelve months last session of Congress, when it was decided on, and past, within eight days, the head of the Treasury has been sent him off at the close of that session, might there not put there and retained in office, without the advice and have been a different issue of the bill of indemnity? If consent of the Senate, agreeably to the constitution. For he had reached France early last spring, and been presnear eight months, during upwards of five of which the ent, with his perfect knowledge of the French language, Senate has been in session, has the present Secretary been and his intimate acquaintance with the nature and exkept in office without his nomination being submitted to tent of our claims, seconding the exertions of the minthe Senate. Kept there, as it were, in defiance and in ister Broglie, might the bill not have passed the House contempt of the Senate. His nomination is not yet sent of Deputies? He could have effaced entirely the erroin; and it was his (Mr. C.'s) purpose to announce that neous impression made by the indiscreet publication of fact periodically during the session, so long as it is with- Mr. Rives's inaccurate despatch, as to the true amount of held. Is not this conduct on the part of the President, our claims. in the genuine spirit of the royal house of the Stuarts, The constitution provides that "the President shall who sought to govern England by their own will, and have power to fill up all vacancies that may happen duwithout the co-operation of Parliament? ring the recess of the Senate." The framers of it no وو But this is not all. It appears from evidence furnished doubt had in view casual or accidental vacancies resulting by Mr. Duane, that he was offered the Treasury Depart- from resignation, death, &c. And it may be seriously ment on the 4th December, 1832, about the commence-doubted whether the power of the President extends to ment of the last session of Congress. On the 30th Janu- filling up any vacancy, not casual or accidental, but ary, 1833, the Senate being in session, he signified his wil- which is created by himself. Here was a double vacancy lingness to accept the office; and, on the first of February, created by him without consulting the Senate. He 1833, the President communicated to Mr. Duane his satis-created the first by the transfer of Mr. McLane from the faction with his acceptance, and his "wishes that it might Treasury to the State Department; and, having placed confer a lasting benefit upon the country." Now, it was Mr. Duane in office, he created the second vacancy by well known here, during the last session, that Mr. Living- dismissing him, and then he appointed Mr. Taney. If ston was to go to France; and it was, of course, arranged, all this is right and constitutional, may not the President, at the same time, that Mr. McLane should succced him in as was so well argued by my friend from Delaware [Mr. the Department of State. All these arrangements, there- NAUDAIN] the other day, retain a Secretary of the Treasfore, respecting the cabinet ministers, and a foreign min-ury in office during his whole administration, not only ister, are made in the midst of a session of the Senate, without, but against, Sepositive advice and consent of and not one of them is submitted for its consideration. the Senate? Let it ed, for example, that Mr. The President waits the adjournment of the Senate, and, Taney shall be SUVEDNESDAY Senate, and rejected on after the members have reached their homes, he deliber-the last day of the ses.. is to prevent the Presately proceeds, without their consent, without deigning ident from submitting another noel name, and, after the Sento advise with them, to fill those high and important sta-ate having approved the nomination, adjourns, the next tions. Can any thing more conclusively show the settled day again appointing Mr. Taney, and so on from session purpose of the President to govern by his will exclusive-to session? ly, and especially to possess himself of absolute control The third and last proceedings which he wished to lay over the public treasury? before the Senate, Mr. C. said, were those of citizens of The disastrous effects upon the country at home, of Seneca Falls, in Seneca county, New York. Seneca these high-handed proceedings, are too well known. Falls is a flourishing village, whose population has inThere is too much reason to believe that our interests creased, in about five years, from less than 400 to 5,000. have also suffered abroad. It will be recollected that Mr. It is, as its name implies, remarkable for its water power, Rives negotiated a treaty with France, by which that na- which keeps in motion four or five flour mills and a cotton tion, after shameful delays, stipulated to pay an indemni-mill. The rich circumjacent country produces large ty, for the most aggravated injuries perpetrated on our quantities of wheat, which is manufactured in the village. fellow-citizens, of about five millions of dollars, being not The price of that staple, in consequence, as is believed, one-fifth part of the amount, principal and interest, to of the Executive proceedings, has been depressed by 15 which they were justly entitled. Instead of remaining at or 20 per cent. Paris until the most material part of the negotiation, the Some time ago, the Senator from New York [Mr. payment of the money, was effected, Mr. Rives hastens WRIGHT] presented to the Senate proceedings from Senhome, to enable this administration to boast of the won-eca Falls, with apparent delight, in approbation of the ders in diplomacy which it had achieved. A letter, pub-course of the Executive. And now, Mr. President, it is lished, it is said, under a selection of documents made by proper to disclose to you the trick which was played off Mr. Rives himself, is given to the world, in which he rep-on the Senator, and which is probably a fair specimen of resents the adequacy of the stipulated sum to pay every similar practices, in manufacturing testimonies of approcent justly due to American citizens. Now, docu-bation of the conduct of the Executive. A meeting was ments which probably were, or ought to have been, in called of the Jackson party, to make arrangements in re |