understanding which it must be the sincere desire of every citizen of the United States to cultivate with that country. If the Chambers shall have passed the bill, they will see that though the President of the United States, in the prosecution of a just claim, and in the spiritof sustaining the rights of the United States, had been induced to recommend the measure of reprisals, yet that a confidence was entertained in both branches of Congress that there would be a compliance, on the part of the French government, with the pledges it had given &c. In that contingency, the expression of such a sentiment by Congress could not but have a happy effect. In the other contingency supposed, also, it is indispensable that some such measure should be adopted. Suppose the bill of appropriation to be rejected, or its passage to be suspended, until the Chambers ascertain whether the recommendation by the President is to be carried out by the passage of a law by Congress, a resolution like this will furnish the evidence desired of the disposition of Congress.

If, indeed, upon the reception of the President's message the Chambers shall have refused to make the appropriation, they will have put themselves in the wrong by not attending to the distribution of the powers of this government, and informing themselves whether those branches which alone can give effect to the President's recommendation, would respond to it. But, if they take the other course suggested, that of suspending action on the bill until they ascertain whether the legislative department of the government coincides with the executive in the contingent measure recommended, they will then find that the President's recommendation—the expression of the opinion of one high in authority, indeed, having a strong hold on the affections and confidence of the people, wielding the executive power of the nation-but still an inchoate act, having no effect whatever withont the legislative action-had not been responded to by Congress, &c. Thus under all contingencies happening on the other side of the water, and adapted to any one of those contingencies, the passage of this resolution can do no mischief in any event, but is eminently calculated to prevent mischief, and to secure the very object which the President doubtless proposed to accomplish by his recommendation.

I will not now consume any more time of the House by further remarks, but will resume my seat with the intimation of my willingness to modify the resolution in any manner, not changing its result, which

may be calculated to secure, what on such an occasion would be so highly desirable, the unanimous vote of the Senate in its favor. I believe it, however, all essential that there should be a declaration that Congress do not think it expedient, in the present state of the relations between the United States and France, to pass any law whatever concerning them.

[After brief remarks by several other members, the resolution was slightly modified and passed by a unanimous vote.]

OUR TREATMENT OF THE CHEROKEES.

IN THE SENATE OF THE UNITED STATES, FFBRUARY 14, 1835.

[The fiat for the Removal of the Cherokees from their territory within the United States having gone forth, Mr. CLAY presented to the Senate the memorial of those Indians, and accompanied it by the following Speech.

I HOLD in my hands, and beg leave to present to the Senate certain resolutions and a memorial to the Senate and House of Representatives of the United States, of a Council met at Running Waters, consisting of a portion of the Cherokee Indians. The Cherokees have a country-if, indeed, it can be any longer called their country-which is comprised within the limits of Georgia, Alabama, Tennessee, and South Carolina. They have a population which is variously estimated, but which, according to the best information which I possess, amounts to about fifteen thousand souls. Of this population, a portion, believed to be much the greater part, amounting, as is estimated to between nine and ten thousand souls, reside within the limits of the State of Georgia. The Senate is well aware, that for several years past it had been the policy of the general government to transfer the Indians to the west of tha Mississippi river, and that a portion of the Cherokees have already availed themselves of this policy of the government, and emigrated beyond the Mississippi. Of those who remain, a portion-a respectable, but also an inconsiderable portion are desirous to emigrate to the west, and a much larger portion desire to remain on their lands, and lay their bones where rest those of their ancestors. The papers which I now present emanate from the minor portion of the Cherokees; from those who are in favor of emigration. They present a case which appeals strongly to the sympathies of Congress. They say that it is impossible for them to continue to live under laws which they do not understand, passed by authority in which they have no share, promulgated in language of which nothing is known to the greater portion of them, and establishing rules for their government entirely unadapted to their nature,

education and habits. They say that destruction is hanging over them if they remain; that, their right of self-government being destroyed, though they are sensible of all the privations, and hardships, and sufferings of banishment from their native homes, they prefer exile with liberty, to residence in their homes with slavery. They implore, therefore, the intervention of the general government to provide for their removal west of the Mississippi, and to establish guaranties never hereafter to be violated, of the possession of the lands to be acquired by them west of the Mississippi, and of the perpetual right of self-government. 'This is the object of the resolutions and petition which I am about to offer to the Senate.

But I have thought that this occasion was one which called upon me to express the opinions and sentiments which I hold in relation to this entire subject, as respects not only the emigrating Indians, but those also who are desirous to remain at home; in short, to express in concise terms, my views of the relations between the Indian tribes and the people of the United States, the rights of both parties, and the duties of this government in regard to them.

The rights of the Indians are to be ascertained, in the first place, by the solemn stipulations of numerous treaties made with them by the United States. It is not my purpose to call the attention of the Senate to all the treaties which have been made with Indian tribes bearing on this particular topic: but I feel constrained to ask the attention of the Senate to some portions of those treaties which have been made with the Cherokees, and to the memorable treaty of Greenville, which has terminated the war that previously thereto, for many years, raged between the United States and the northwestern Indian tribes. I find, upon consulting the collection of Indian treaties in my hand, that within the last half century, fourteen different treaties have been concluded with the Cherokees, the first of which bore date in the year 1775, and some one or more of which have been concluded under every administration of the general government, from the beginning of it to the present time, except the present administration, and that which immediately preceded it. The treaty of Hopewell, the first in the series was concluded in 1775; in the third article of which "the said Indians for themselves, and their respective tribes and towns, do acknowledge all the Cherokees to be under the protection of the United States of America, and of no other

sovereign whatsoever." The fifth article of the same treaty provides that,

"If any citizen of the United States, or other person, not being an Indian, shall attempt to settle on any of the lands westw ard or southward of the said boundary, which are hereby allotted to the Indians for their hunting grounds, or, having already settled, and will not remove from the same within six months after the ratification of this treaty such person shall forfeit the protection of the United States, and the Indians may punish him or not, as they please: provided nevertheless, that this article shall not extend to the people settled between the fork of French, Broad, and Holston rivers," &c.

The next treaty in the series, which was concluded after the establishment of the government of the United States, under the auspices of the father of his country, was in the year 1791, on the banks of the Holston, and contains the following provision:

"Art. 7. The United States solemnly guarantee to the Cherokee nation all their lands not hereby ceded."

This is not an ordinary assurance of protection, &e., but a solemn guaranty of the rights of the Cherokees to the lands in question. The next treaty to which I will call the attention of the Senate, was concluded in 1794, also, under the auspices of General Washington, and declares as follows:

"The undersigned Henry Knox, Secretary for fhe department of war, being authorized thereto by the President of the United States, in behalf of the said United States, and the undersigned chiefs and warriols, in their own names, and in behalf of the whole Cherokee nation, are desirous of re-establishing peace and friendship between the said parties in a permanent manner, do hereby declare that the said treaty of Holston is, to all intents and purposes, in full force and binding upon the said parties, as well in respect to boundaries therein mentioned, as in all other respects whatever."

This treaty, it is seen, renews the solemn guarantee contained in the preceeding treaty, and declares it to be binding and obligatory upon the parties in all respects whatever.

Again in another treaty, concluded in 1798, under the second Chief Magistrate of the United States, we find the following stipulations: "

"Art. 2. The treaties subsisting between the present contracting parties are acknowledged to be of full and operating force; together with the construction and usage under their respective articles, and so to continue."

"Art. 3. The limits and boundaries of the Cherokee nation, as stipulated and marked by the existing treaties between the parties shall be and remain the same, where not altered by the present treaty.”

There were other provisions, in other treaties, to which, if I did