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Indianapolis Indiana Journal (Newspaper) - February 17, 1830, Indianapolis, Indiana Indiana journal. M \ k i vol. , Wedney a Fly february 17, 1830. Published by Douglass amp Maguire. Terms. Seventy five cents diet aug the session of the be is Liture. One Dollar for three months including the session of the legislature. Two dollars per annul if paid in Advance. Three Doihara at the end of the year. Advertisements inserted at Thi a sisal terms. Indian Afi Psi or staff s remarks on a proposition to extend the Laws of the state Over the Indian tribes within our limit. Or. Stapp said that the measure presented for the consideration of the committee was one of much importance and so far As it regarded the character of the state was not less important than any measure proposed for legislative enactment since the formation of our state government. For his own part he said he had heard with much ply aspire and patience the arguments of the two senators who had preceded him in the debate and was somewhat anxious to be con tinted that it was right and just for the Laws of Indiana to to extended Over the Indian tribes within the limits of our state but that neither the refined philosophical reasoning of the one nor the Able argument of the other had brought his mind to the conclusion that it was either right just or expedient at Titis time to enact the measure proposed. The senator from Knox founds his opinion of our right to extend our Laws Over the Indian tribes on the act of Congress passed in 1816, to enable the people of the Indiana territory to form a Constitution and state governing edit. If sir said or. S., the Section of Law which was read by the senator had been the Only Section in that act which described the persons authorized to form for themselves a Constitution and state government and the Indian inhabitants of our Toni territory had presented themselves at the polls and been permitted to participate in the formation of that government then indeed rain Jet the senator argue a with some propriety that the Congress of the United states Lead Given us Jun a dict n Oer the whole territory within our limits and the inhabitants thereof. We sir might infer from the arguments of the senator that he believed that inasmuch As the inhabitants of the territory were authorized to form a Constitution and state government that the Indian tribes were included and that our present government was Jis much for them As for other inhabitants of the territory. But if the senator had read the third Section of that act he would there have discovered that the indians were entirely excluded from a participation in the formation of our state government. Entered into with the general government and with the other states forbid it Justice and humanity forbid it. J he senator from Switzerland tells us that we cannot continue those Friendly relations that now exist Between us and our sister states and Between us and foreign governments unless we extend our Laws Over the Indian tribes within our limits. How he asks is Ohio to obtain Possession of an Indian found with our tribes who has committed an offence in its jurisdiction How is the government of great Britain to bring one of our indians to the bar of Justice who has committed an offence in the Canadas ? i answer sir As far As relates to the first question that the treaties made with the Indian tribes Are ample on that subject. If a White Man commits an offence and Lees to the indians for Protection they Are bound by treaty to deliver him to the proper government to be dealt with according to their Laws. If an Indian commits an offence within the jurisdiction of Ohio or any other of our states the indians Are bound by their compact to deliver him up to the proper authorities. But let us suppose sir that a murder was committed by an Indiana Indian in upper Canada Quot what have we to do with this matter Avold it sir have the effect supposed by the senator from Switzerland ? would the British government have the Rig lit to Send her armies through our territories in order to reclaim the offender ? i answer she would not unless there is some special agreement Between the two governments authorizing such course and if such treaty has been entered into no doubt can exist but the Mode of reclaiming the offender is pointed out. Senators Tell us to Jat it is impossible co two Sovereign ties to exist together within the same limits that it is an anomaly in history for one rant and not qualified to enact is of our government and in their goodness Send wis Dora Send us a few of their Tariff acts and Corn Laws and a few gentlemen to cd cute Xiii sir tie customs of our fathers Are Sweet and dear to us and whether Good or bad they suit our condition and we cannot nor will not suffer them to be taken Forfi us. Have we lot Charit y enough to allow that the Indian tribes possess the same veneration for their custom is. We sir Are the representatives of a people who boast of their free and inde aident government and of the Liberal Principe is inculcated in that government and yet Sirj we Are the first to disgrace our statute Book yith an enactment which Savours More of tyranny than did the British aits of parliament which were resisted by the american people. What sir let me ask will be the effect of this enactment. Gentlemen Tell us that it will tend to civilize the indians schools Avill be introduced among them and it will preserve them and make them a Happy people. This sir cannot be its consequences it must and will drive them from our territory. Those of them who fought and bled in our country s cause must be driven from our shores with the rest. We shall do that by Force which we might accomplish in a few years with their consent we shall place a blot upon our character As a state in accomplishing a work that in a few years would accomplish itself. The Indian character is Well kno in Sun round him by a White population and he Cann t rest he of Choice marches to the Forest and leaves the Whiteman undisturbed. J i again ask you sir what will be the consequence of the adoption of the Resolution on your table ? its contents will be made known to the Indian tribes within the limits of your state. Their Council fires will be gated up Sopor Cint to exist within another sovereignty in their principal villages to Weir chiefs and War does not the senator readily concede that the riots will be summoned from the East and from same sovereignty existed in Indiana and with i the West from the North and from the South the indians within her limits in eighteen Hun j to consult of the measures proper to be adopt dred and sixteen that now exists Quot if then we de at the coming crisis. The firs question sub have existed together As distinct Sovereign ties fitted for consideration will be the alter a since that time to the present time can we not 1 Tive presented of submitting themselves to be so exist for a few years longer but if he will governed by strangers who had deceived them have it that we cannot exist together who a or of leaving their Homes and the ashes of their must yield by what authority do we claim fathers and migrating to the Western wilds to be the Superior sovereignty have we the their Choice is soon made in the True spirit of oldest claim to the territory have we de an american citizen they will say give us Rived our title from higher authority than they death or give us Liberty let us die enjoying have or have we nol through the Federal gov find possessing the customs the Laws and the eminent derived All the territory that Quot we i Liberty of our fathers. Possess from these very Indian tribes or others not Superior in sovereignty to them sir the Indian tribes existed As nations on of the negotiation. He believed that he understood How this Power to make presents had been sometimes exercised. When the indians the primitive original possessors of the soil were unwilling to part with their lands particular chiefs or other influential individuals were applied to their prot uses and appetites solicited and presents were made to them to Purchase their consent and their influence to sacrifice the interest of their tribes to betray the Trust reposed in them by their nation. Such practices he reprobate and he would not willingly put into the hands of our commissioners the Means of resorting to them. He would appropriate a sufficient sum to pay our own agents and commissioners and their necessary expenses. He would have the other party with whom we Are about to make a solemn compact to act freely and independently according to their own convictions of their interest. Upon these terms he would treat or not at All. He i shed not to acquire their property nor divest Vliem of their lands unless it were a one honest in fairly and Justl y. Or. H Knoll locks said he would vote for the appropriation which the Bill proposed and although it might be that the whole amount Ivor Jed not be required to defray the expenses of holding the Reafy yet he was confident that whatever remained unexpended for that purpose would not be lost it would he returned to the Treasury. He considered the opposition to this Bill arose from a misconception As Well of its principles As of the objects it had in View and he was confident when gentlemen came to a their opposition to till erase. It was impossible or. H. Said to treat with the indians without making them presents. We must treat with them As they Are and not As the senator from Maine and the Senate would wish them to be and it would be Idle to think of entering into any no Gocia Tion with them with of Maui big an appropriation adequate to subsist their women and Chii Dien who always accompany them on such occasions. Or. H. Illustrated the necessity of such an appropriation by n reference to the to aty of the Wabash in 1826. At which he was present. Fifteen thousand dollars had been appropriated to defray the expenses of holding that treaty to feed them on the ground and for that j or pose the appropriation was Ler Hajis sufficient. But he commissioners found it necessary to Advance them Roods to ont tribe upwards of thirty thousand dollars and Twenty or thirty no. 35s. There was lib secrecy employed in making there presents that they were usual and without their being made no no go citations could be proceeded with. No Man could say what sum it would be necessary to appropriate for the presents amp a. As to the sum of the rations we must he said subsist All their families for they not like the White bring their wives and children to the treaty around. If they did not and were not confident of being supported there., they would not neg oct ate at All. If n treaty thus made is to be considered unfair then he would say that no treaty has been concluded fairly with these people in modern times. Entertaining these views or. W. Said the committee had recommended the appropriation of Rory thousand dollars As sufficient to cover he expenses of the treaty. He therefore hoped the Bill would be agreed to. Or. Noble said on this subject he would Only detain the Senate a few moments and Hose few moments would not be consumed by him did he not see a disposition manifested by the gentlemen who opposed this Bill of addressing the passion not the reason of the Senate. He was sorry that such prejudices should be infused into this body on a Bill of so much importance to the state which he in part had the Honor to represent on this floor j As that now under consideration. But since gentlemen had pursued that course he hoped that he might be permitted also to indulge the passion with which such doctrines inspired the Assembly of the nation is now met and j thousand to another. For this purpose it was the Indian tribes and families Are arranged in j necessary to Purchase on he ground at exor order to move to the West a tearful Eye is j Bitant prices to indemnify the merchants for this territory before the name of Indiana was j turned to the mansion of their dead the a the contingency of an unauthorized transact known. They sir at one time the Iron moves slowly on to the tombs of her a whole territory that now belongs to the United Tion and mingles a tear of sorrow with the states they once occupied the Borders of the a. Atlantic possessed the Summit of the Alle of hankies and enjoyed the peaceable Possession of i same spot to gaze on and take a last Farewell the Western wilds. But the mighty hand of j of the turf that wraps the remains of All that is lion and a subsequent by Congress. It is obvious that under such Circum dust that covers her infant child. The youth stances the government must have paid More Ful Consort with an air of deep despair visits the advances in goods than would have been be Quot Quot Quot Pessary if the Money had been in the hands of by properly Points to the qualifications of an elector who might be authorized to participate in this important matter. It was not sir every Inha Litant of the territory of Indiana that could Voie on this occasion. No sir none but the citizen the male citizen of the United states above the age of Twenty one could a Lone participate in the privileges granted by this act. The senator from Switzerland has made a lengthy and an Able argument to convince us that the United states do not exist As a nation but that we Are Twenty four Independent nations Sovereign in our character and admitted into the confederacy without restriction or limitation and triumphantly asks if the confederation of the states was dissolved what would be our character i answer with that senator that it would be Sovereign and Independent without any restriction so far As relates to the other states forming our confederacy. But that crisis has not yet arrived and until it does arrive the senator himself cannot deny but that we stand in the confederacy with All the restrictions imposed upon us with our consent at the time of our admission into the Union. We Are told sir that we were admitted into the Union without any restrictions whatever and Are likened unto a seventh partner admitted into a previous firm of six persons without restriction who w uld have All the Powers and priv Letres of an Independent partner but suppose that this seventh partner should stipulate to pay a pro ortion Able part of the outstanding debts of the firm and was to agree to observe a particular course of conduct toward another firm named in the articles of compact a would he not be bound by his agreement the senator As a lawyer must answer Aye. The senator from Switzerland and myself Are at Issue upon this Point. He says that we were admit Teil into the Union without restrictions i say that we were admitted with restrictions. And without adverting to restrictions imposed upon us in other matters it will be sufficient for me to Shew that we Are restricted in the very question now before the committee. The act to enable the people of the Indiana territory to form a Constitution and state government among other things has this proviso Here or. A fan read from the act above recited the following Quot provided that the same Stiie Constitution and state government of in Iana whenever formed shall be Republican and not rep slant to Hosp. Arli Clos of the Ordi Nance of the of jul one. Iko usand seven Hundred and i Ihli seven Inich Arf. Declawed to be irrevocable Between the. Fri Ltd Inal , and the people and Stales North West of the River Ohio amp a. If sir we could not form a government repugnant to those articles of compact referred to and consented to be admitted into the Union under the restrictions contained in the act of Congress for that admission surely those restrictions must form a part of the Constitution of our country and Are As binding and obligatory upon us As though they had been incorporated into the written Constitution of our country. What then sir let me ask is the restriction in a hat compact that relates to the subject matter now under ? it is this sir Here or. Stapp read from the third Section of the ordinance for the government of the territory of the United states North West of the River Ohio the following Quot the utmost Good Faith shall always be observed toward the indians their lands and Robertv shall never be taken from them without their consent acid in their pro Prii i refs and Libert i they never Thail by i n add or disturbed unless in just and lawful wars authorized by what sir said or. S., do we propose to do docs not the Resolution on your table propose to invade and Privi Lenires held sacred by the tribes of indians in on limits. It is in vain for senators to Tell us that they have no rights no National character that they Are wandering tribes of vagabonds and , and that it is our duty to extend our benevolent Laws Over that in for their Protection and Benefit. Sir we have not the right to do so. The Constitution of our country forbids it the compact to have Art and the powerful energies of civilization near and dear to her in this life while the. Have fell the proud forests of the East and whole nation gives a Mournful glance at the that Section sir pc changed the wilderness of the West to cultivated White Flag that Waves Over the remains of de Fields and flowery gardens. The proud March parted friends and with one voice pronounce of Industry and Enterprise has driven the Indian tribes from River to River and from Mountain to Mountain Uhitil we find them As they thought securely lodged in the wilderness of the West. How sir was this Dono by Force no sir. It was done by treaties solemnly entered into a agreements made in Good Faith which now stand us on your statute books As evidence against you. But we Are not yet satisfied we Are still crowded by this unfortunate race of beings. And although the arc annually Sel liner to us their lands and removing beyond the we Stern Waters yet we have not patience to a few years and save our credit and our sovereignty too but we till not by treaty but by Force expel this people from their country and their Home. We Are told sir said or. S., that the Indian tribes within our state have no rights As a not i Tion and that we Are bound to protect them by our Laws. How sir have they disposed of their rights How sir have we acquired rights that Ever belonged to them ? if they originally possessed this country and a right to govern themselves some act must have been done to have by Ouight about this change. Have we acquired the rights about to be assumed by treaty or by Conquest if by treaty senators have it in their Power to Lay those treaties before us their curses on false friends and move slowly on to their place of destination. This or. Chairman must be the result of the measure proposed. It cannot it will not have the effect anticipated b3 its friends. . In Senate Jan. 14, 1830. The following Bill to enable the president to extinguish the Indian title within the state of Indiana was read a second time and consider to in committee of the whole be it car cd. See. That the sum of forty thousand doll Ais be and the same is hereby appropriated for the purpose of holding Indian treaties and extinguishing Indian title within the state of Indiana. Or. White briefly explained the objects of the Bill which he said was reported in consequence of a memorial received from the state of Indiana staling that the legislature of that state had appropriated a sum of Money for the purpose of Cottine a canal through a part of the country in which a Large number of tiie indians now . We All know said or. A that there will be constant collisions Between the labourers who will be engaged in this construction of this canal and he indians Yho inhabit if Irby Cove Onmi Tinei be found j to a Section of the state through which it is to in the Resolution now on your table. Without j pm. I Quot Quot v f preventing the one or the other can be Shewn no ran carnage and bloodshed which must ensue from these collisions that this Bill has been reported. It was very desirable to have these indians removed which could be effected much More easily at this period than when the canal will one or the other can be Shewn no a Wirht can exist to extend on Laws Over this people. By the Laws of nature every individual has a right to defend himself against the aggressions of his neighbor. He has a right to avenge himself for a wrong committed on his person or on his property. He has a right to possess himself of property unoccupied by another and have been made through the country. The committee were of opinion that the sum mentioned would be required for holding the trea use it for his Comfort and for the Comfort for subsisting the indians and heir and sustenance of his family and while he of 1 no Quot copies the same no individual has the right to i calling the Atten Ion of the Senate to the disturb him in the quiet enjoyment of the fruits which would now be experienced in thereof nor in the use of the same in such Man Purchase and to the Opportunity Ner As he May think proper for the Benefit of Ailor cled of carrying into elect what himself and friends. If sir said or. S., the rights of persons Are thus guaranteed to individuals by the la is of nature How Are those rights to be taken from them i answer sir that they can be taken in a a. I i u no other Way than by the consent of the Indio Orty thousand dollars was much peat visual interested either expressed or implied. Than could be necessary to defray the legit apply this principle to the question under Connate expenses of holding a treaty. He pre Sid ration and i ask senators if they can Lay a Nimec therefore that it was intended to torm their hands on their hearts and a that the a part of the consideration to be Given for the natural and inherent rights of the Indian 1 ends which vere to be obtained by the treaty tribes within our state have Ever been surren i this he considered improper because if the dered by them to the people of the state of in Money was paid to the indians immediately Diana l As to authorize us to legislate for the treaty would be carried into eff shall have been submitted to the Senate for was regarded As the settled policy of the country the removal of the indians beyond the Mississippi. Or Sprague objected to the amount of the appropriation contained in the Bill. The but sir i assume higher ground for that peo their approbation and ratification thus deprive ple than to admit for a moment that the Indi my that body of i a constitutional right and Kos within our state Are without a National executing the treaty without their Sanction character character or. They not Only have a National the proper course was to stipulate in the , but they have a government. For to what Shou d be done by the United states a. Then to submit it to the action of the Senate i care not whether their Laws or Constitution be written or derived from the customs of their fathers if they Are observed As a Rule of conduct to govern them through life they Are As binding and operative for them As Are the Laws of our own country for us. But we Are told that their Laws or customs Are not such As Are calculated to make them a Happy people therefore it is our Bounden duty to provide for them wholesome Laws. Yes sir the senator from Knox has told you that you Sho Iid organize their territory into counties and Sef l your officers to execute your Laws. This language would come Well from lord North of the British parliament when speaking of an american Colony but i had not expected to hear it from senators reprise ii ing intelligent citizens of a democratic Republican government. Sir we have no right to enact Laws for a distinct people unconnected with us in government and Send our officers to execute them without the consent of that people. It 1? not our business whether their Laws Are Good and wholesome Laws or not it is enough for us that we enact Good Ami wholesome Laws for our own citizens and act in Good Faith toward our Neighbours. As will might the British House of lords Tell us Liat we a Ere Igno and if approved by them execute it in Good Faith according to its terms. Or. White replied that the Purchase Money was not contemplated in the Bill but an appropriation sufficient to defray the expenses of holding the treaty. It was necessary for the purpose of entering on any negotiation with the indians to subsist them and their families while the treaty was going on. It was also necessary to give them presents As every one knew who was acquainted with the matter. The expense of holding Indian treaties was he said very great but he did not know that this appropriation would be All required. However if any balance remained after the object of the Bill will have been accomplished it will not be lost. Or Sprague said that the explanation of the senator from Tennessee who was at the head of the committee on Indian affair had not removed his objections to the amount of the proposed appropriation. Is the sum of forty thousand dollars necessary to defray the expenses of merely holding a treaty with what nation docs it Cost half that sum to negotiate but it said to must make provision for presents to be made to the indians at the time he commissioners. Or. It. Said we a would have ample Security that the fund would be reimbursed and the advances properly accounted for if the Senate should not ratify the treaty for we pay hese indians at he present time Large annuities which place it in our Power to indemnify our Ives for any loss we Mav sustain. We pay to the Miami indians $25,1 00 and to the Pota Watti Mies $6,000, As annuities and we can retain these and cover advances should he Reaty not be ratified. Such stipulations were made in the treaty of he Wabash and he presumed they would be inserted in any treaty hereafter made. But to the necessity of the treaty. The i amies consisting of about eleven Hundred oils principally reside on a few reservations on the Southern Shore of the Wabash Tii rough these reservations he Wabash canal had al ready been located. True it is said or. H. That Quot by he treaty of 1826, the state has a right to make this location and to Afir opiate six chains in Width for the use of said canal but nothing could be More obvious or certain than that the Intercourse Between the indians and the Iii tips already surrounding them together with Trio labourers on he canal i Hin heir own territory would engender strikes and animosities which would terminate in blood a Rixis tribe said or 11 is perhaps the most vicious and depraved on the continent. They exhibit human existence in its worst and most degraded form. Surrounded by the White Post a lation it is impossible to exclude them from the use of ardent spirits. They get drunk and commit murders not Only on their own territory but in the organized counties of the state. The present seemed to be a proper time to give additional impulse to the humane and Judi Cious policy of settling hem West of the missis Sippi. Various circumstances induced his belief the legislature of the state would probably at this present session extend the jurisdiction of her Laws Over the Indian territory As the states of Georgia and Alabama had heretofore done. He had just seen a paper from the seat of government of hat state which informed that the judiciary committee of one Branch of the legislature had reported favourable to hat object. To emigrate. He had recently been informed of another circumstance. A murder Hud recently been committed among themselves in the county of Cass adjacent to their Boundary. The murderer was an influential person of the tribe. He had been indicted and Well knew the penalty of the Law in such cases it was not probable he would Ever be taken nor was it desirable he should. He would go beyond he Mississippi and Bis Elan would follow him. Others would follow in their rear and the inclination to sell if not now Universal would soon become so. Or h. Said that the Votaw artimies were much More numerous Thun the miamis and their country More extensive but less valuable in proportion to its extent. There were but the two tribes in he state heir numbers about four thousand their territory Between four and five millions of acres. The present seemed to be a propitious moment for extinguishing heir whole Itie and for getting them out of the state and he Hoied he Bill a would meet the approbation of the Senate. Or. White in reply to the observations made by the gentleman from Maine or. Sprague As to the presents or rather according to his View of hem bribes Given to the in Divins remarked that they were not Given be , As he in Ima de his suspicion to he chiefs of the nation to seduce them from their path of duty but were Given openly to the nation to use Hern according to their own internal regulations. They would not neg oct ate without these presents which indeed he thought should to More properly called a consideration in part of the Purl base made. The indians divided these presents among them selves and apportion them according to their notions of the rank Neil distinction of their head men. Is it not better said or. W. To make an agreement with them and pay them in the shape of presents than to terminate All with them As would he the consequence of he adoption of the principles advocated by gentlemen it cannot be consider t d in any sense offensive to the delicacy or the morals of any Man. Or. W. Repeated that him. Sir said or. N. Is it contrary to the Laws of god or Man to defend ourselves a these people Are now around us we Are subject to continual interruption and alarm from the rapacious and blood thirsty spirit which animates these tribes and the appropriation now asked is for the purpose of obtaining that Tranquility Security and peace which our Fei of citizens possess and to which our Brave and Hardy sons of the West Are entitled for their virtue and patriotism. Sir said or n. If we Are denied the Means of effecting this object we shall not ask for Force to defend us no sir we have that within our own Power and our own bosoms that will afford us the Protection we Are denied by the government of the country Brave hearts and Strong arms. This tribe or. N. Said during the last War with great Britain Carriedna cruel and sanguinary warfare against the United states their chief was a Canadian he might say a Canadian Frenchman a monster in human form who possessed a House in Matreal to which he occasionally retired for purposes not distinctly understood but often severely Felt by our unprotected settlers. But sir what is to become of our Homes while we Are thus Hild in suspense the indians will not work they will indulge their propensity to plunder and if prevented they will glut their vengeance in the blood of our defenceless females amp innocent babes. To talk of treating with such Savage tribes As if they were civilized nations appeared to him the very essence of Absurdity. If said or. N. The gentleman from Maine or. A would favor us with a prescription by which rogues either White or red could be changed into honest men he would neither ask for an appropriate Iii nor rest Oval. From the Cincinnati g? of Virginia. The Constitution agreed upon by the convention which has just adjourned in Virginia is certainly a great in it vement upon the old one. A Brief abstract of its provisions May be accept lure Jiuu re Porifio Luvurn Uit . I this would strongly incline them table to our readers concisely contrasted with the old Constitution. The legislature is to consist of a Senate and House of delegates. The Senate to be composed of thirty two members apportioned by the Constitution Between the different divisions of the state. The House to be composed of one Hundred and thirty four members apportioned in like manner by the Constitution. The legislature two thirds of each House concurring May increase the apportionment after the year 1841, but the number Dythe House shall not exceed 150, nor that of the Senate 36. Under the pre Serit organization the Senate consists of 24 members and the numbers cannot be increased. Each county no matter what its population sends two members to the House of delegates. The number of counties exceed one Hundred. Under the new Constitution a senator must lie thirty and a representative Twenty five years of age. All persons holding lucrative offices All ministers of the gospel and priests Are excluded from seats in the legislature. The compensation of members cannot he increased except to take effect one year after the passage of the Law increasing it. The right of suffrage is to he exercised by every description of White male resident freeholders of the Vahie of two Ity Iive dollars and leaseholders for a term of five years yielding

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