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18th CONGRESS,

2d SESSION.

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if not entirely, avoided, when the necessary improve-received on board his vessel, any goods or merchandise ments are made in our yards.

Commissions on disbursements of Public Money.— It sometimes happens, in the changes which occur upon our distant stations, by deaths and otherwise, and the necessity to which our squadrons are subjected, that our naval officers, whose general duty and office are altogether unconnected with the moneyed concerns of the Department, are obliged to negotiate and disburse money for the use of the officers, men,, and vessels, under their command, in doing which they are liable to | risks and losses. In such cases, upon the settlement of their accounts, a small per centage has been allowed on the money so negotiated and disbursed.

House rent, store rent, postage, fuel, clerk hire, stationery. &c to Navy Agents and Storekeepers.-It is doubted whether these items come strictly within the call made by the resolution; but as the Agents and Storekeepers were officers attached to the Navy Department, and as these allowances are not the monthly pay and rations fixed by law, it was thought proper to add them. They are regulated by settled rules, and tend largely to swell the amount.

other than for the sole use of his vessel, except gold, silver, or jewels, and except the goods or merchandise of vessels that may be in distress, or shipwrecked, or in imminent danger of being shipwrecked, in order to preserve them for their owner, without orders from the President of the United States, or the Navy Department, he shall, on conviction thereof, be cashiered, and be incapacitated forever afterwards for any place or office in the Navy." Under the authority of this provision, no emoluments could be derived from carrying any thing but the excepted articles; these have always been carried, when offered, and it could be done, consistently with the faithful discharge of the duties in which the officer was engaged. His risk and responsibility in the benefit he renders to the owner by carrying his property, is often great, and requires a corresponding compensation. This compensation is regulated in England, by Orders in Council, authorized by statute; no law has yet been passed upon the subject in this country, and the Executive has not believed, since the passage of the law referred to, that it possessed the power, either to forbid the carrying of specie altogether, or to fix the compensation for doing it; but merely to see that the officer, while exercising his legal privilege, did not abuse his official character, to purposes of fraud and op

Per diem allowance on extra duty, such as surveying public property, proving cannon, surveying the coasts, harbors, &c.-This allowance is designed merely to meet the extra expense to which the officer is subject-pression. ed; and the greater part of that which has arisen from the survey of the coast, c. has been provided for by, and paid out of, the appropriations made by several laws passed upon the subject, and has not been taken from the appropriations made for the support of the Navy; but as the sums received by the officers, were an allowance over the monthly pay and rations, it was necessary to add them to the others.

Purveying and Care of Medicines -To ensure the economical purchase, safe keeping, and proper disposition of medicines and medical stores, both for our ships and navy yards, it has been found necessary not to entrust the duty to each of the Surgeons and Mates attached to them, but from time to time to assign it to old and experienced Surgeons, in addition to their ordinary duties, and to make a reasonable allowance for it. It is not doubted, however, that it may be performed more usefully and economically under the provisions of the bill reported at the last session.

It has consequently been left to the discretion of the officer and the owner of the property, to make their own agreements about the premium for the freight, and these not being official, have, heretofore, not been made known to this Department, and the sums received cannot, therefore, be stated. It has been thought proper, however, for reasons which will readily present themselves, to require that such a statement should be made upon the subject as would enable the Department to be perfectly apprized of the conduct of those under its control, and the use they make "of their official stations," in transactions of this kind. An order was, therefore, prepared, as a part of the instructions to Commodore Hull, when he took the command in the Pacific Ocean, a copy of which is hereto annexed, and marked C. The same order has been given to all officers who have been, since that time, in command of squadrons or separate vessels. If any evil have heretofore resulted from this provision of our law, it is hoped that a remedy will be found in this order, so far as it is within the power of this Department to apply the remedy. If it be deemed necessary to prescribe the premium, that power properThere has yet been rely belongs to the Legislature.

There are other items, but it is not believed to be necessary to make any remark respecting them. They are all designed, not as additional pay to the officer, but to meet the extra expense and liability imposed on him, in obeying the orders which he receives, and with-ceived but one report on the subject, and that does not out which he could not obey them, nor could the service furnish the precise information which is due, in answer be supported; are governed by fixed rules; and have to a call from the Senate of the United States. most of them existed from the commencement of the Navy, and been confirmed and authorized by the annual appropriations. Some of them, it has been proposed by the Department, should be incorporated into permanent legal provisions, organizing the naval establish

ment.

The paper A exhibits the expense of Courts Martial, in the Navy, in each year, in the last three years, with the amount paid to Judge Advocates, and others, for their attendance and services The paper D designates the places at which such courts martial were ordered to be held; and the stations from which the officers composing the same, were detailed to attend.

The number of officers subject to trials by courts martial, is about 850; the average number of men in the Navy, is about 3,780.

This Department is not informed of any "emoluments received by the officers of the Navy and Marine Corps, from the Government, in consequence of their official stations," unless the allowances heretofore menNeither the expense nor the number of courts can be tioned may be considered in that light; nor is it per ceived that they can in any way derive "emolument considered large; but it is confidently believed that both from other sources," unless by means of the premium may, in future, be lessened, should Congress think proor compensation allowed to them, by individuals for per to make certain provisions on the subject, which will be hereafter alluded to. The allowances to offiwhom they carry silver, gold, or jewels. Any other use of their official character, for private emoluments, cers attending courts martial, either as members or witwould be criminal, and, if known, subject them to pun- nesses, are, travelling expenses, &c. $1 50 per day, ishment. It is not believed that an imputation of this while attending the Court, except to those upon the offence can properly attach to them. By the 23d arti- station where the Court is held, whose situation is such that they are most subjected to auditional expense. In cle of the "act for the better government of the Navy of the United States," it is provided, that "If any com-designating the number of members required by law, mander, or other officer, shall receive, or permit to be care is taken to select such as will create least expense,

18th CONGRESS,}

Report from the Navy Department.

and whose character and condition, as to the accused, give the best security of justice to him and to the pub. lic. By the reports on the contingent expenses of the Navy, which have been referred to, it will be perceived that considerable sums have been paid, at different times, to Judge Advocates. This has arisen from the fact, that there is no person attached to the service whose legal acquirements, and acquaintance with legal proceedings, fit him for the discharge of all the duties of the office.

The Department would illy perform its obligations, either to the public or the accused, by appointing one to perform them who was incompetent; and those who were qualified could not be expected to neglect their regular and profitable employments, for a temporary engagement, without full compensation.

Paper E exhibits the same information respecting courts martial in the Marine Corps, as is exhibited by D, and respecting those in the Navy.

[Senate.

gress, their adoption would free from uncertainty, and furnish fixed and safe rules, as guides to all.

The Department is not aware of any alteration, by law, beyond those specified, which would be necessary for the economical administration of the moneyed concerns of the Department.

Those concerns are divided into two parts; that which relates to the purchase and care of "naval stores and materials; and the construction, armament, and equip: ment of vessels of war"—which is managed by a Board of Commissioners, under the superintendence of the Secretary.

The other, which relates to the pay and compensation of all persons in any way connected with the service, which is exclusively under the direction and control of the head of the Department. The latter, it is believed, has been, heretofore, economically administered; and, under the proposed organization and regulations, with the aid of the laws respecting the advance of public moneys, and the settlement of public accounts, may be so conducted as to squander nothing, and to lose little. The former has, heretofore, been managed by the Board in a way deserving the highest commendation. Its contracts and expenditures have, in general, been judicious, cautious, and economical. It was created in February, 1815. The law "concerning disbursements of public money," and forbidding advances, was passed in January, 1825. It has, therefore, existed almost ten

den; it has made contracts for, and superintended, the expenditure of $15,500,000; and it is believed that nothing has yet been lost, and that not more than $15,000, if any, are in danger of being lost.

Paper F and G, exhibits the number of desertions from the Marine Corps, and the number of rank and file, confined for imprisonment, as a punishment for desertion or misconduct, for each year, during the last three years. In answer to that portion of the resolution which requires the Secretary of the Navy to report "his opinion on such alterations or further provisions of law as he may consider it expedient to be made, in order to promote a more perfect discipline of the Navy and Marine Corps, to prevent the frequent recurrence of courts mar-years, during eight of which, advances were not forbid. tial, and ensure to the public service, in the said establishments, the highest degree of economy and efficiency;" the following remarks are respectfully submitted. Discipline and the prevention of offences, economy, and efficiency, in every military or naval establishment, It is but just to add, that the members, confining themmust depend on its fundamental organization, the regu- selyes to their prescribed duties, have been found valulations connected with it, and their enforcement, and able auxiliaries; and that the improvement of our vessels, the intelligence and skill of the officers attached to it. yards, and equipments, is proof that their skill and There must be a regular and systematic organization, science are not inferior to their industry and economy. plain and simple rules, skilful and intelligent officers, or The next "alteration" which seems to be called for, no laber, industry, or wisdom, in the head which directs is the revision of the law "for the better government it, can produce the desired results, to any very profitable of the Navy of the United States." It was passed in extent. But, if these advantages exist, a failure to pro- May, 1800, and has remained without amendment. It duce those results may well be the subject of censure. relates to offences and trials, punishments and rewards, The Military Establishment of the United States is, at subjects of great importance in every service. Offences this moment, the best possible argument and illustra- which are the objects of punishment, ought to be plaintion which can be made upon this point. The Naval ly and precisely stated, that every one may understand Establishment of the United States may be said never what he is to avoid, and may certainly know when he is to have had a legal organization. Temporary acts, au- criminal; and that those who would bring accusations thorizing specific matters, relating to the building of ves- may be sure that they do it justly. There is great defect in sels, and the numbers of one or two of our grades of offi- the law upon this point; a defect which has been the cers, are to be abundantly found; but there is not, in cause of n.uch inconvenience and relaxation of disciour whole code, a law, giving an organization, prescrib- pline. It is so extremely vague and indefinite, that it is ing the number and grades of all our officers-number often not easy to frame a charge, justified by its words, of our yards and stations-pay and emoluments of those even against those who have acted most incorrectly, who are attached to the service. It requires no labor of without a resort to some general expression, such as argument to shew that, in such a state of things, they "unofficer-like," or "scandalous conduct,” and joining who have had to direct, and those who have had to exe- to it a specification embracing the particular circumstancute, have equally felt the want of fixed and uniform ces, which might as well be added to any other charge, guides to their conduct. The first "alteration" or or to no charge. It results that the accused and the "provision of law," then, which appears to be necessa-Court are both in doubt how to proceed; and the legaliry to effect the proposed objects, is a law organizing the Navy Establishment. What that law ought to be, in the opinion of the Department, will be found in the report of the plan, made during the last session of Congress.

To that report, therefore, reference is now made. It is necessary only to add, that daily experience, since that time, has confirmed the views then presented.

ty of what is done, is questionable, even where there is no hesitation that the accused had been guilty, and merits rebuke. The effect may readily be imagined. Among men varying in habits, education, principles, and feelings, there are always some that must be coerced, by plain law, rigidly enforced. Some who regard the provisions of the law as the only restriction on the freedom of thought and action, which, as citizens, they are acShould a law of that character be passed, it will be customed to enjoy. Where it is not clear and explicit, important, immediately, to prepare regulations depend- they perform acts dangerous and reprehensible, which ing upon, and adapted to it, for the discipline and ma- they do not perceive prohibited by positive enactments. nagement of every part of the service. To the forma- Others are induced, by the same cause, to prefer chartion of these regulations, the best intelligence within ges, for that which they suppose violates the spirit of the command of the Department would necessarily be the code. The former are tempted to irregular and Brought; and, being submitted to the wisdom of Con-improper conduct, the latter to arraign, without just

18th CONGRESS,{

2d

Report from the Navy Department.

[Senate.

vernment of courts martial; to prepare the cases and witnesses for trial; to attend, when practicable, and always to examine, and report to the Department, on the records, and guard against unlawful proceedings and convictions. Many benefits would thereby be secured; there would be more certainty in our trials; the charges would be legal; the causes being properly prepared, there would be less delay; the rules for the proceedings being settled, there would be less error; records be uniform and accurate; economy be promoted, by shortment of temporary Judge Advocates; and justice be more surely administered. The same officer, if equal to the station, could perform the duties both for the Army and the Navy, and would produce results in beth, which they only can estimate who have reflected seriously on the high importance of a steady, uniform, consistent, and economical administration of criminal law, in military and naval establishments, and the incalculably painful consequences which arise from erroneous decisions.

cause, those who are obnoxious to them. The tribunal, too, which is called to pas upon accusations, is left-without a certain guide, to the exercise of an arbitrary discretion, and to the formation of decisions, governed rather by extraneous causes, such as the character and standing of the parties, than a just estimate of the charges and the evidence. Guilt ceases to be the only, yet certain, ground of punishment. The weight of the sentence, whether of condemnation or acquittal, is proportionably diminished. Thus, in every way, does this want of precision and certainty in the law, tend to the multiplica-ening the terms of the courts, and avoiding the employ. tion of Courts Martial, the destruction of discipline, and of the correspondent efficiency and economy. This law is equally unguarded as to the punishment, leaving every thing to the discretion of the Court, not only as to its extent, but also as to its nature: "At the discretion of a Court Martial," and "death or such other punishment as a Court Martial shall adjudge," are its common phraseology. And where the crime is not specified in the meagre list which is given, the punishment is to be "according to the laws and customs in such cases at sea." It is, indeed, limited by no rule as to kind, and, in most cases, by no extent short of death. It should not remain in this condition. It should be military, and proportioned to the offence. We need not dwell upon the consequences to the accused, the public, and the Court, from this cause. The law ought to be altered. The punishment should be ascertained in a proper scale, from private reprimands, through all the grades of public reprimands, suspension from duty, suspen sion without pay, suspension from rank and pay, dismission, and death. But it is not enough that crimes and punishments be properly defined and limited. To the improved law, must be added an improved adminis-cealment from him, of every thing but what appears

tration of it.

The recommendation, then, as to this law, has three objects: 1st, To define offences. 2d. To fix and apportion punishments. 3d, To provide safe rules for the trials, and a competent officer to aid in the administration of the criminal code. It is, perhaps, proper to remark, that, in recommending the appointment of one' Judge Advocate for the Navy and the Army, the Secretary of War concurs.

Two other amendments ought to be made in the law. 1. That the court be at least so far freed from the ob. ligation of secrecy, as relates to the officer who constituted it, and who has to approve its sentence. A con

upon the record, often compels a decision in ignorance of facts rnost important to a right judgment upon the case, and naturally leaves the members of the court free from the responsibility which ought to attach to them, and which is the best security for correct decision.

No change is necessary in the organization of our Courts. They are composed of the proper persons, and of the proper numbers, but they require aid in discharge of their duties, which they do not now possess. Although, on questions of sound and honorable feeling, 2. Power should be given to the court to enforce the they are safe, yet their education and habits are not attendance of witnesses, necessary either for the accuthose best adapted to all the judicial functions. Regu-sation or defence, and to take the depositions of those larity, correct application of legal principles, even some technicality, is essential to correctness in their proceedings. They, more than ordinary judges, require well defined rules and systems of practice, and they have none such to which they can appeal.

who could not attend; a power always essential to the safe administration of justice.

There is still another "alteration" which, in my "opinion," ough to be made, and which is even more important than those already mentioned, to promote disciA very small portion of the English system, based cipline, efficiency, and economy, and to prevent the reupon their statutes, can apply to Courts acting under ours. currence of courts martial in the service: the establish- It sometimes happens that, relying upon British pre- ment of an academy, or providing, in some effectual cedents, they are misled; at others, fearing to trust mode, for the instruction of the young officers. These them, they wander into error. And when situated as are taken from the poor, who have not the means of a they thus are, we recollect the vital influence which good education, as well as the rich, who have. They their decisions have upon the fortunes, lives, and fame enter, from the nature of the duties, at so early an age, of so many gallant men, it is impossible not to feel that that they cannot be accomplished, nor even moderately they ought to have, in their legal advisers, the Judge accurate scholars. They are constantly employed on Advocates, men of learning, talent, and discretion. ship board, or in our navy yards, where much advanceSuch it is always the object of the Department to pro- ment in learning cannot be expected. Their pay will cure for them, but such cannot always be obtained; and afford them a support, but no means of literary improvewhen they are, it is at great expense. They are drawn ment. The consequence necessarily is, and such is well from other and profitable pursuits, and devote a tempo-known to be the fact, that very many advance in age rary attention only to the subject. Hence, although much safer aids than less informed and weaker men, they are apt to differ from each other, and the consequence has been, that our Courts Martial proceed by no settled rules; form irregular records; often err for want of light; make decisions utterly destructive of character and of the public interests; and form precedents which serve only to bewilder and perplex those who come after them.

Required, then, to give an "opinion" on a remedy for these evils, the Department would recommend, as one means, the appointment of a responsible officer, a Judge Advocate, whose duty it should be to form, under the direction of the Department, a proper system for the go

and rise in grade much less cultivated and informed than their own reputation and that of the country require. For this evil there is but one remedy, and that is to be found in the wisdom and beneficence of the Government, from which they receive their offices, and to whose honor and interest they are devoted. It is the formation of a school which shall combine literary with professional instruction, a competent portion of common learning with a profound knowledge of every thing connected with military science, seamanship, and naviga tion-the theory, with the practice of their profession. The considerations which urge respect for this recommendation, are connected with every thing which the nation has to hope from its naval establishment. They may be

18th CONGRESS,

2d SESSION.

Navy and Marine Corps-Indians.

[Senate.

glanced at, but cannot be suitably discussed, in this re- of the propriety and necessity of augmenting the numport. The situation of our country, the nature of its terri-ber of our sloops of war, as a means of increasing the tory and its coasts, the extent of its commerce, the cha- efficiency and economy of the service, and to adl, that racter of its institutions, and its political connexions, all the experience of the past year has amply confirmed point unerringly to that establishment, as the security the reasons there presented. for its peace and its honor. It no longer remains a debatable question, whether we shall look to the navy as one of the means by which our interests are to be most cheaply and most securely protected. It has been settled by a course of events which have carried the nation forward to a point where, on this subject, it has scarcely the liberty to choose. It has interests to protect, and duties to discharge, which it cannot, if it would, disregard. The problem now to be solved by it is, in what node our naval means may be commanded most surely, and with the least possible burthen, combining most efficiency with the smallest expense.

The answer is believed to be plain. By giving to our officers the greatest amount of science and skill, by firing all to command the vessels we may choose to build, and the seamen we may be enabled to enlist. By these means, and these only, may we, in times of quiet, keep in employment as small a numb r of vessels as our commerce may absolutely require; and yet, at the moment of trouble, swell it to the full extent which our protection may demand, and the number of our seamen will permit; the latter being the only limit which can be placed to our naval power. It is not, however, in this circumstance alone, that well-instructed offic rs will induce economy: the better instructed and more intelligent an officer is, the more skilfully and precisely, and, of course, the more economically, will he perform the duties assigned him. Ignorance is always, skill never, prodigal. There is no business, profession, or occupation, in the circle of society, to which this principle applies with more energy, than to our naval establishment. Discipline and efficiency, also, necessarily result from the same cause.

Educated in such a school as it becomes the Govern

ment to establish, moral principles are secured, good ha

bits formed, subordination learned, honorable feelings encouraged and confirmed, skill acquired, science and discipline necessarily combined.

The illustration of these truths is before us in another branch of our national defence, to which the favor of the Government has been extended; and the suggestion will be pardoned, that no sound argument can be urged in its favor, which does not receive additional force from the situation in which the Navy is placed, and the interests and hopes which are connected with it.

Our future national conflicts are to rest principally on it, come when they may. It also is the bearer of our honor and our fame, to every foreign shore. The Ameri can naval officer is, in fact, the representative of his country in every port to which he goes, and, by him, is that country in a greater or less degree estimated. With a well-regulated national pride, this consideration alone should ensure him ample means of instruction and improvement.

There are other alterations, which are not suggested,
as they are supposed to be within the power of the De-
partment. Some have been made within the last year,
and others will hereafter receive attention. Among the
former, are the General Order which was issued respect-
ing the arrest and trial of officers, and a regulation by
which any person, before he can receive an appointment
as surgeon's mate, or, being a mate, be promoted to the
rank of surgeon, must pass, successfully, a rigid exami-
nation before a board of competent surgeons, both as
to his moral character and his professional attainments,
especially in all that relates to the duties of his particu-
lar office. The operation of these rules need not be
explained: they have thus far been found most salutary.
The preceding remarks contain the "opinion" called
for by the resolution, so far as respects the Navy.
In relation to the Marine Corps, I have the honor to
submit various papers, marked i and. 2, which contain
the views presented by the Commandant of the Corps,
in reference to its numbers and organization. They
furnish satisfactory evidence that an augmentation of it
is required, and justice seems to demand that its organi-
zation, as to grade and number of officers, should corres-
pond with its size. The same principles are applicable
to it as have been urged in reference to the Navy, and
which apply to all military establishments. An arrange-
ment will be made with the War Department, by which
the officers of this Corps will hereafter be taken from
the graduates at West Point.

I have the honor to be, sir, very respectfully, &c.
SAMUEL L. SOUTHARD.

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To the House of Representatives of the United States: Being deeply impressed with the opinion, that the re moval of the Indian tribes from the lands which they now occupy within the limits of the several states and territories, to the country lying westward and northward thereof, within our acknowledged boundaries, is of very high importance to our Union, and may be accomplished, on conditions, and in a manner, to promote the interest and happiness of those tribes, the attention of the Government has been long drawn, with great solicitude, to the object. For the removal of the tribes within the limits of the state of Georgia, the motive has been peculiarly strong, arising from the compact with that state, A school, to be useful to the Navy, must combine the- whereby the United States are bound to extinguish the ory with practice. It must, therefore, be located where Indian title to the lands within it, whenever it may be the attention may be directed to the construction, equip. done peaceably and on reasonable conditions. In the ment, armament, and sailing, of vessels. Governor's fulfilment of this compact, I have thought that the United Island, in the harbor of New York, seems to be well fit-tates should act with a generous spirit, that they should ted for all these objects. The buildings and improve-omit nothing which should comport with a liberal conments already upon it, with slight alterations and re-struction of the instrument, and likewise be in accordpairs, would probably be sufficient for present accom-ance with the just rights of those tribes. From the view modation; and, if the public interests would permit its transfer for a time from the War to the Navy Department, and an appropriation were made of $10,000, for the support of instructors, the school might be put into operation with very little delay, and its permanent location be hereafter determined.

I beg leave to refer to a report from this Department, dated 1st day of January, 1824, expressing an opinion

which I have taken of the subject, I am satisfied, that, in the discharge of these important duties, in regard to both the parties alluded to, the United States will have to encounter no conflicting interests with either: on the contrary, that the removal of the tribes from the territo ry which they now inhabit, to that which was designated in the message at the commencement of the session, which would accomplish the object for Georgia, under a

18th CONGRESS,}

Location and Improvement of Indians.

well digested plan for their government and civilization, which should be agreeable to themselves, would not on ly shield them from impending ruin, but promote their welfare and happiness. Experience has clearly demonstrated, that, in their present state, it is impossible to incorporate them in such masses, in any form whatever, into our system. It has also demonstrated, with equal certainty, that, without a timely anticipation of, and provision against, the dangers to which they are exposed, under causes which it will be difficult, if not impossible, to control, their degradation and extermination will be inevitable.

The great object to be accomplished is, the removal of those tribes to the territory designated, on conditions which shall be satisfactory to themselves, and honorable to the United States. This can be done only by conveying to each tribe a good title to an adequate portion of land, to which it may consent to remove, and by providing for it there, a system of internal government, which shall protect their property from invasion, and, by the regular progress of improvement and civilization prevent that degeneracy which has generally marked the transition from the one to the other state.

[H. of R.

to the Pacific. It may fairly be presumed that, through
the agency of such a government, the condition of all
the tribes inhabiting that vast region may be essentially
improved; that permanent peace may be preserved
with them, and our commerce be much extended.
With a view to this important object, I recommend it
to Congress to adopt, by solemn declaration, certain fun-
damental principles, in accord with those above suggest-
ed, as the basis of such arrangements as may be entered
into with the several tribes, to the strict observance of
which, the faith of the nation shall be pledged. I re-
commend it also to Congress to provide by law for the
appointment of a suitable number of commissioners, who
shall, under the direction of the President, be authoriz
ed to visit and explain to the several tribes the objects
of the Government, and to make with them, according
to their instructions, such arrangements as shall be best
calculated to carry those objects into effect.

Washington, 27th January, 1825.

JAMES MONROE.

A negotiation is now depending with the Creek nation, for the cession of lands held by it, within the limits of Georgia, and with a reasonable prospect of success. It is presumed, however, that the result will not be known during the present session of Congress. To give I transmit, herewith, a report from the Secretary of effect to this negotiation, and to the negotiations which War, which presents the best estimate which can be it is proposed to hold with all the other tribes within formed, from the documents in that Department, of the the limits of the several states and territories, on the number of Indians within our States and Territories, and principles and for the purposes stated, it is recommendof the amount of lands held by the several tribes withined that an adequate appropriation be now made by Coneach; of the state of the country lying Northward and gress. Westward thereof, within our acknowledged boundaries; of the parts to which the Indian title has already been extinguished; and of the conditions on which other parts, in an amount, which may be adequate to the object contemplated, may be obtained. By this report, it appears that the Indian title has already been extinguished to extensive tracts in that quarter, and that other portions may be acquired, to the extent desired, on very moderate conditions. Satisfied I also am, that the removal proposed is not only practicable, but that the advan tages attending it to the Indians may be made so apparent to them, that all the tribes, even those most opposed, may be induced to accede to it at no very distant day.

The digest of such a Government, with the consent of the Indians, which should be endowed with sufficient power to meet all the objects contemplated; to connect the several tribes together in a bond of amity, and preserve order in each; to prevent intrusions on their property; to teach them, by regular instructions, the arts of civilized life, and make them a civilized people, is an object of very high importance. It is the powerful consideration which we have to offer to these tribes, as an inducement to relinquish the lands on which they now reside, and to remove to those which are designated. It is not doubted that this arrangement will present considerations of sufficient force to surmount all their prejudices in favor of the soil of their nativity, however strong they may be. Their elders have sufficient intelligence to discern the certain progress of events in the present train, and sufficient virtue, by yielding to momentary sacrifices, to protect their families and posterity from inevitable destruction. They will also perceive, that they may thus attain an elevation to which, as communities, they could not otherwise aspire.

To the United States, the proposed arrangement of fers many important advantages, in addition to those which have been already enumerated. By the establishment of such a government over these tribes, with their consent, we become in reality their benefactors. The relation of conflicting interests, which has heretofore existed between them and our frontier settlements, will cease. There will be no more wars between them and the United States. Adopting such a government, their movement will be in harmony with us, and its good effect be felt throughout the whole extent of our territory, VOL. 1.-8

Department of War, 24th Jan. 1825. In obedience to your instructions, directing a statement of the names of the Indian tribes now remaining within the limits of the different states and territories, the number of each tribe, and the quantity of land claimed by each; also, an estimate of the amount of appro priation necessary to commence the work of moving the Indians beyond the Mississippi, to be laid before you, I herewith enclose a report from Col. M'Kenney, to whom is assigned the charge of the office of Indian Affairs, which contains all of the information required, except the estimate of the sum that will be necessary to be ap propriated to commence the removal.

In forming the estimate required, it will be necessary to take a summary view of the number and position of the several tribes to be removed, and to form a plan in detail for their removal.

It appears, by the report enclosed, that there are, in the several states and territories, not including the por tion of Michigan territory West of Lake Michigan, and North of the state of Illinois, about 97,000 Indians, and that they occupy about 77,000,000 of acres of land.

The arrangement for the removal, it is presumed, is not intended to comprehend the small remnants of tribes in Maine, Massachusetts, Connecticut, Rhode Island, Virginia, and South Carolina, amounting to 3,023. To these also may be added the remnants of tribes remaining in Louisiana, amounting to 1,313, as they are each of them so few in number that, it is believed, very little expense or difficulty will be found in their removal, making together 4,336, which, subtracted from the 97,000, the entire number in the states and territories, will leave 92,664 to be removed. Of these, there are residing in the northern parts of the states of Indiana, Illinois, in the peninsula of Michigan, and New York, including the Ot tawas in Ohio, about 13,150; which, I would respectfully suggest, might be removed, with advantage to the country West of Lake Michigan, and North of the state of Illinois. The climate and the nature of the country are much more favorable to their habits, than that West of the Mississippi; to which may be added, that the Indians in New York have already commenced a settlement at Green Bay, and exhibit some disposition to

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