Cherokee Indians, transmitted to the Senate the 7th instant, and the pa pers relating thereto, be sent to the Senate.

WEDNESDAY, MARCH 23, 1836.

The following motion, submitted by Mr. White, was considered and agreed to:

Resolved, That the President be requested to cause the Senate to be furnished with a copy of all the correspondence which took place between the Secretary of War and the delegation of Cherokee Indians of which John Ross was a member, between the 3d and 15th days of March, 1835.

TUESDAY, APRIL 5, 1836.

Mr. Swift submitted the following motion:

Resolved, That the injunction of secrecy be removed from the Cherokee treaty and the papers printed therewith, and those subsequently printed. The Senate proceeded to consider the motion: and

On motion by Mr. Niles,

Ordered, That it lie on the table.

The Vice President communicated a report from the Secretary of War, transmitting the correspondence required by the resolution of the Senate of the 23d of March.

Ordered, That these papers be printed in confidence for the use of the Senate.

FRIDAY, APRIL 8, 1836.

On motion by Mr. White,

Resolved, That the President of the United States be, and he hereby is, respectfully requested to cause to be transmitted to the Senate the copy of the letter from W. M. Davis, and of the certificates which accompanied it, received by the Secretary of War since his message transmitting the treaty made with the Cherokee Indians in December last, showing the circumstances under which the said treaty was made and concluded; provided, in his judgment, there is no impropriety in doing so, and the public interest will not be prejudiced thereby.

TUESDAY, APRIL 12, 1836.

The following message was received from the President of the United States, by Mr. Donelson, his secretary:

To the Senate :

I transmit herewith a report from the Secretary of War, communicating the original letter from Major Davis, and the statements which accompapany it, referred to in the resolution of the Senate of the 8th instant. ANDREW JACKSON.

WASHINGTON, April 12, 1836.

The message was read.

Ordered, That it be referred to the Committee on Indian Affairs.

TUESDAY, APRIL 19, 1836.

Mr. White, from the Committee on Indian Affairs, to whom was referred the treaty with the Cherokee Indians, communicated the 7th March, reported the same with amendments, which were read.

On motion by Mr. Southard,

Ordered, That the message of the 12th instant, with the accompanying papers, relating to the Cherokee treaty, be printed in confidence for the use of the Senate.

Mr. Swift presented certain documents relating to the Cherokee treaty, which were ordered to lie on the table.

MONDAY, MAY 16, 1836.

The treaty with the Cherokee Indians was read the second time, and considered as in Committee of the Whole, together with the amendments reported thereto.

On the question to agree to the first amendment, in the following words: Strike out all after "adjudicated," in article seventh, line two, to the word "by" in the third line;

The question was put, Shall these words "by General William Carroll and John F. Schermerhorn or" stand part of the article?

And it was determined in the negative-nays 39.

Those who voted are,

Messrs. Benton, Black, Brown, Buchanan, Calhoun, Clayton, Crittenden, Cuthbert, Davis, Ewing, of Illinois, Ewing, of Ohio, Goldsborough, Grundy, Hendricks, Hill, Hubbard, Kent, King, of Alabama, King, of Georgia, Leigh, Linn, Mangum, Moore, Niles, Porter, Prentiss, Preston, Rives, Robbins, Robinson, Ruggles, Southard, Swift, Tallmadge, Tomlinson, Walker, Webster, White, Wright.

On the question to agree to the second amendment, viz: Insert in line four of the 17th article, after the word "States," the words by and with the advice and consent of the Senate;

The question was put, "Shall these words stand part of the article?" And it was determined in the affirmative-yeas 36.

Those who voted are,

Messrs. Benton, Black, Brown, Calhoun, Cuthbert, Davis, Ewing, of Illinois, Ewing, of Ohio, Goldsborough, Grundy, Hendricks, Hill, Hubbard, Kent, King, of Alabama, King, of Georgia, Leigh, Linn, Mangum, Moore, Niles, Prentiss, Preston, Rives, Robbins, Robinson, Ruggles, Southard, Swift, Tallmadge, Tomlinson, Walker, Wall, Webster, White, Wright.

On the question to agree to the third amendment, viz: Strike out the twentieth article, in the following words:

"ARTICLE 20. The United States do also hereby guarantee the payment of all unpaid just claims upon the Indians, without expense to them, out of the proper funds of the United States, for the settlement of which a cession or cessions of land has or have been heretofore made by the Indians in Georgia; provided the United States or the State of Georgia has derived benefit from the said cession or cessions of land, without having made payment to the Indians therefor. It is hereby, however, further agreed and understood, that if the Senate of the United States disapprove

of this article, it may be rejected without impairing any other provision of this treaty, or affecting the Indians in any manner whatever."

The question was put, "Will the Senate advise and consent to the ratification of this article?"

And it was determined in the negative,

SYeas,
Nays,

12

26

Those who voted in the affirmative, are, Messrs. Benton, Brown, Buchanan, Calhoun, Cuthbert, Ewing, of Illinois, King, of Georgia, Linn, Preston, Rives, Tallmadge, Wright. Those who voted in the negative, are,

Messrs. Black, Clayton, Crittenden, Davis, Ewing, of Ohio, Goldsborough, Grundy, Hill, Hubbard, Kent, King, of Alabama, Leigh, Mangum, Morris, Niles, Porter, Prentiss, Robbins, Robinson, Shepley, Southard, Swift, Tomlinson, Walker, Webster, White.

No further amendments being made, the treaty was reported to the Senate: and,

On motion by Mr. Porter, Ordered, That it lie on the table.

TUESDAY, MAY 17, 1836.

The Senate resumed the consideration of the treaty with the Cherokee Indians.

On the question to concur in the first and second amendments made in Committee of the Whole:

It was determined in the affirmative-yeas 42.

Those who voted are,

Messrs. Benton, Black, Brown, Buchanan, Clay, Clayton, Crittenden, Cuthbert, Davis, Ewing, of Illinois, Ewing, of Ohio, Goldsborough, Grundy, Hendricks, Hill, Hubbard, Kent, King, of Alabama, King, of Georgia, Leigh, Linn, Mangum, Morris, Naudain, Niles, Porter, Prentiss, Preston, Rives, Robbins, Robinson, Ruggles, Shepley, Southard, Swift, Tallmadge, Tomlinson, Walker, Wall, Webster, White, Wright.

On the question to concur in the third amendment made in Committee of the Whole, striking out the 20th article:

It was determined in the affirmative, {eas,

Those who voted in the affirmative, are,

.

33

10

Messrs. Benton, Black, Clay, Clayton, Crittenden, Cuthbert, Davis, Ewing, of Ohio, Goldsborough, Grundy, Hendricks, Hill, Hubbard, Kent, King, of Alabama, Leigh, Mangum, Morris, Naudain, Niles, Porter, Prentiss, Robbins, Robinson, Ruggles, Shepley, Southard, Swift, Tomlinson, Walker, Wall, Webster, White.

Those who voted in the negative, are,

Messrs. Brown, Buchanan, Calhoun, Ewing, of Illinois, King, of Georgia, Linn, Preston, Rives, Tallmadge, Wright.

A motion was made by Mr. Clayton further to amend the treaty by striking out the following words, in article 17, "by the President of the United States, by and with the advice and consent of the Senate of the United States," and inserting by the people of the Cherokee nation :

It was determined in the negative,Yeas,

Nays,

.

13 30

Those who voted in the affirmative are,

Messrs. Calhoun, Clay, Clayton, Crittenden, Davis, Leigh, Naudain, Prentiss, Robbins, Southard, Swift, Tomlinson, Webster.

Those who voted in the negative are,

Messrs. Benton, Black, Brown, Buchanan, Cuthbert, Ewing, of Illinois, Ewing, of Ohio, Goldsborough, Grundy, Hendricks, Hill, Hubbard, Kent, King, of Alabama, King, of Georgia, Linn, Mangum, Morris, Niles, Porter, Preston, Rives, Robinson, Ruggles, Shepley, Tallmadge, Walker, Wall, White, Wright.

No further amendment being made, Mr. White submitted the following resolution:

Resolved, (two-thirds of the Senators present concurring,) That the Senate do advise and consent to the ratification of the treaty between the United States of America and the Cherokee Indians, concluded at New Echota, the twenty-ninth day of December, one thousand eight hundred and thirty-five, together with the supplementary articles thereto, dated the first day of March, one thousand eight hundred and thirty-six, with the following amendments:

Article 17, lines 1 and 2, strike out the words "by General William Carroll and John F. Schermerhorn, or."

In the fourth line of the fourth article, after the word "States" insert by and with the advice and consent of the Senate of the United States. Strike out the 20th article, which appears as a supplemental article.

WEDNESDAY, MAY 18, 1836.

The Senate proceeded to consider the resolution for the ratification of the Cherokee treaty.

A motion was made by Mr. Clay to strike out all the resolution after the word "Resolved," and to insert: That the instrument of writing purporting to be a treaty concluded at New Echota on the 29th day of December, 1835, between the United States and the chiefs, headmen, and people of the Cherokee tribe of Indians, and the supplementary articles thereto annexed, were not made and concluded by authority on the part of the Cherokee tribe competent to bind it; and therefore, without reference to the terms and conditions of the said agreement and supplementary articles, the Senate cannot consent to and advise the ratification thereof, as a valid treaty binding upon the Cherokee tribe or nation.

Resolved, That the Senate do advise the President to open a new negotiation with the Cherokees on the east side of the Mississippi, or with persons invested by them with full powers to treat in their behalf, upon the basis of a cession of the whole country of the Cherokees on the east side of the Mississippi, or any part thereof that may be deemed most expedient and practicable.

And the question being stated by the Chair, "Shall the words proposed to be stricken out stand part of the resolution?"

The yeas were 29, the nays 15.

Those who voted in the affirmative are,

Messrs. Benton, Black, Brown, Buchanan, Cuthbert, Ewing, of Illinois, Goldsborough, Grundy, Hendricks, Hill, Hubbard, King, of Ala bama, King, of Georgia, Linn, McKean, Moore, Morris, Niles, Preston,

Rives, Robinson, Ruggles, Shepley, Tallmadge, Tipton, Walker, Wall, White, Wright.

Those who voted in the negative are,

Messrs. Calhoun, Clay, Clayton, Crittenden, Davis, Ewing, of Ohio, Leigh, Naudain, Porter, Prentiss, Robbins, Southard, Swift, Tomlinson, Webster.

On motion by Mr. Calhoun,

The vote was reconsidered, and it was agreed that the question be stated, "Shall the amendment proposed by Mr. Clay be adopted?" and Yeas,

It was determined in the negative, Nays,

Those who voted in the affirmative are,

15

29

Messrs. Calhoun, Clay, Clayton, Crittenden, Davis, Ewing, of Ohio, Leigh, Naudain, Porter, Prentiss, Robbins, Southard, Swift, Tomlinson, Webster.

Those who voted in the negative are,

Messrs. Benton, Black, Brown, Buchanan, Cuthbert, Ewing, of Illinois, Goldsborough, Grundy, Hendricks, Hill, Hubbard, King, of Alabama, King, of Georgia, Linn, McKean, Moore, Morris, Niles, Preston, Rives, Robinson, Ruggles, Shepley, Tallmadge, Tipton, Walker, Wall, White, Wright.

On the question to agree to the resolution as submitted for the ratification of the treaty,

Yeas,.

31 15

It was determined in the affirmative, Nays,. Those who voted in the affirmative are, Messrs. Benton, Black, Brown, Buchanan, Cuthbert, Ewing, of Illinois, Goldsborough, Grundy, Hendricks, Hill, Hubbard, Kent, King, of Alabama, King, of Georgia, Linn, McKean, Mangum, Moore, Morris, Niles, Preston, Rives, Robinson, Ruggles, Shepley, Tallmadge, Tipton, Walker, Wall, White, Wright.

Those who voted in the negative are,

Messrs. Calhoun, Clay, Clayton, Crittenden, Davis, Ewing, of Ohio, Leigh, Naudain, Porter, Prentiss, Robbins, Southard, Swift, Tomlinson, Webster.

So it was

Resolved, (two-thirds of the Senators present concurring,) That the Senate do advise and consent to the ratification of the treaty between the United States of America and the Cherokee Indians, concluded at New Echota the twenty-ninth December, one thousand eight hundred and thirty-five, together with the supplementary articles thereto, dated the first day of March, one thousand eight hundred and thirty-six, with the following amendments:

Article 17, lines 1 and 2, strike out the words "by General William Carroll and John F. Schermerhorn, or."

In the 4th line of the 4th article, after the word "States," insert by and with the advice and consent of the Senate of the United States,

Strike out the 20th article, which appears as a supplemental article. Ordered, That the Secretary lay this resolution before the President of the United States.