An act for the relief of Irad Kelly and Datus Kelly.

An act for the relief of John Jones, and Charles Souder, and Robinson, Carr, & Company.

An act for the relief of Robert M. Roberts, or his legal assignees.

An act for the relief of the legal representatives of Ann Levacher De Van Brun.

An act for the relief of Griffith Coombe and John P. Ingle, trustees of the house in the city of Washington commonly called the brick capitol.

An act for the relief of Joseph Safford and others, heirs at law of Joseph Safford, late of the New Hampshire line in the revolutionary war, deceased. An act for the relief of John Dixon.

. An act for the relief of Polly Lemon.

An act for the relief of Aaron Stout.

An act for the relief of John Borey, of Arkansas.

An act for the relief of William C. Hazard, of Rhode Island.

An act for the relief of William Clark.

An act for the relief of Zebulon Baxter.

An act for the relief of Henry Stoker, William G. Belknap, and Benjamin Walker.

An act for the relief of the children and heirs of Sebastian Sroufe, late of Ohio, deceased.

An act for the relief of John McCarrol, jr.

An act for the relief of the legal representatives of John Dawson, deceased. An act for the relief of Thomas Sinnard.

An act for the relief of William S. Colquhoun.

An act for the relief of certain settlers living on what is called the Salt Lick reservation in the western district of Tennessee.

An act for the relief of Sibel Barnes.

An act granting a pension to Michael McCray.

An act for the relief of Jarius Loomis, and heirs of James Basset.

An act granting a pension to Harvey Reynolds.

An act for the relief of Lewis B. Willis, formerly acting deputy surveyor

for the district of Mississippi.

An act for the relief of Francis Jarvis, deceased.

An act for the relief of the legal representatives of Daniel Warner, de ceased.

An act for the relief of Margaret Kingsbury.

A joint resolution for the relief of Edward Beatty, of Missouri.

An act for the relief of Francis Mallaby.

An act for the relief of Joseph R. Fulsom, and the owners and crew of the schooner Galaxy, of Bucksport, in the State of Maine.

An act for the relief of J. Eloi Rachal.

An act for the relief of William G. Belknap and Benjamin Walker.

An act for the relief of Stephen P. W. Douglass.

An act for the relief of David Balentine.

An act for the relief of James H. Grant, Moses W. Simpson, and Preston Going.

An act for the relief of Thomas Sumpter.

An act for the relief of Sarah Angel, and the other heirs at law of Benjamin King, deceased.

An act to confirm the sale of certain reservations.

An act for the relief of John Newton.

An act for the relief of Jean B. Valle.

An act for the relief of the owners of the British brig Despatch.

An act to remunerate the captors of the privateer Lydia.

An act for the relief of Jechonius Pigot and Benjamin Lecraft, sureties of James Manney, late collector of the customs for the district of Beaufort, in North Carolina.

An act to remit or refund to the Philadelphia, Wilmington, and Baltimore Railroad Company the duties upon certain railroad iron.

An act for the relief of the heirs of John Brahan, late receiver of public moneys at Huntsville, Alabama.

An act for the relief of William East.

An act for the relief of Elisha Town.

An act for the relief of Erastus Fairbanks and Thaddeus Fairbanks. An act for the relief of Peter Bargy, jr.

An act for the relief of Henry Wilson, confirming purchases of certain lands in Arkansas.

An act for the relief of the widow and other heirs at law of Alexander Hamilton, deceased.

An act to amend and carry into effect the intention of an act entitled 'An act to renew the patent of Thomas Blanchard,' approved June 30, 1834. An act for the relief of William B. Ferguson and sureties.

An act for the relief of Dr. John Campbell, of Baltimore, in the State of Maryland.

An act for the relief of the sureties of Elias T. Langham, late surveyor of public lands for the States of Missouri and Illinois.

EXECUTIVE PROCEEDINGS

OF

THE SENATE OF THE UNITED STATES,

FROM WHICH

THE INJUNCTION OF SECRECY HAS BEEN REMOVED.

Executive proceedings of the Senate on the Treaty with the New York Indians.

TUESDAY, JANUARY 22, 1839.

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

To the Senate of the United States:

I transmit a treaty negotiated with the New York Indians, which was submitted to your body in June last and amended.

The amendments have, in pursuance of the requirement of the Senate, been submitted to each of the tribes assembled in council, for their free and voluntary assent or dissent thereto.

In respect to all the tribes, except the Senecas, the result of this application has been entirely satisfactory. It will be seen by the accompanying papers that of this tribe, the most important of those concerned, the assent of only forty-two out of eighty-one chiefs has been obtained. I deem it advisable under these circumstances to submit the treaty in its modified form to the Senate, for its advice in regard of the sufficiency of the assent of the Senecas to the amendments proposed.

WASHINGTON, January 21, 1839.

The message was read.

On motion by Mr. White,

M. VAN BUREN.

Ordered, That the message transmitting the treaty with the New York Indians, with the treaty and the documents accompanying the same, be referred to the Committee on Indians Affairs, and printed in confidence for the use of the Senate.

WEDNESDAY, JANUARY 23, 1839.

Mr. Robbins presented a letter from R. B. Heacock, stating that deception and fraud had been used in obtaining the assent of the chiefs to the treaty with the New York Indians, as amended by the resolution of the Senate of the 11th of June, 1838.

Ordered, That said letter be referred to the Committee on Indian Affairs, and printed in confidence for the use of the Senate.

MONDAY, JANUARY 28, 1839.

Mr. Tipton submitted a letter from the Secretary of War, transmitting a communication from Samuel Bettle and Thomas Evans, stating that unfair means had been used in obtaining the assent of the New York Indians to the treaty with them as amended by the Senate, and requesting that a decision upon the final ratification of the said treaty be suspended.

Ordered, That the said letter and communication be referred to the Committee on Indian Affairs, and printed in confidence for the use of the Senate.

WEDNESDAY, JANUARY 30, 1839.

Mr. White submitted a letter from the Secretary of War, transmitting a petition of a delegation of the Seneca Indians, with other documents, representing that unfair means had been used to obtain the assent of the several tribes to the treaty as negotiated with the New York Indians, and amended by the Senate.

Ordered, That the said petition and documents be referred to the Committee on Indian Affairs, and printed in confidence for the use of the Senate.

Mr. Robbins submitted the following resolution for consideration; which was ordered to be referred to the Committee on Indian Affairs, and printed in confidence for the use of the Senate:

Resolved, That the treaty transmitted to the Senate by the President in his message of the 22d January, 1839, entitled, "A treaty, as amended by the Senate, and negotiated with the New York Indians," be suspended, and no further action be had thereon till the next session of Congress.

Resolved, further, That the Committee on Indian Affairs be, and hereby are, instructed to investigate the manner in which the commissioner, appointed to negotiate said treaty, has negotiated the same; whether in conformity with, or in violation of, the true intent and meaning of the resolution of the Senate attached to said amended treaty, in the words following, to wit:

"Resolved, further, (two thirds of the Senators present,) That the Senate advise and consent to the ratification of the supplemental article to the treaty concluded at Buffalo Creek, in the State of New York, January the 15th, 1838, which was made at the council-house of St. Regis, on the 13th day of February, 1838: Provided, The chiefs and headmen of the St. Regis Indians residing in New York will, in general council, accept and adopt the aforesaid treaty as modified by the preceding resolution of ratification.

"Provided always, and be it further enacted, (two-thirds of the Senators concurring,) That said treaty shall have no force or effect whatever, as it relates to any of said tribes, nations, or bands of New York Indians, nor shall it be understood that the Senate have assented to any of the contracts connected with it, until the same, with the amendments herein proposed, is submitted, and fully and fairly explained by the commissioner of the United States to each of said tribes or bands, separately assembled in council, and they have given their free and voluntary consent thereto; and if one or more of said tribes or bands, when consulted as aforesaid, shall freely assent to said treaty as amended, and to their contract connected therewith, it shall be binding and obligatory upon them so assenting, although other

or others of said bands or tribes shall not give their assent, and thereby cease to be parties thereto : Provided, further, That if any portion or part of said Indians do not emigrate, the President shall retain a proper proportion of said sum of four hundred thousand dollars, and shall also deduct, from the quantity of land allowed west of the Mississippi, such number of acres as will leave to each emigrant three hundred and twenty acres only."

And also to investigate the manner and means by which the several sig. natures of said Indian chiefs to said treaty have been procured and obtained.

And that said committee be vested with full powers to send for persons and papers, and to carry on said investigations either here or at Buffalo, or both, as they may find it most expedient and proper.

And that said committee be instructed to report their proceedings, and the result of their investigations in the premises, to the Senate, as soon as conveniently may be.

FRIDAY, FEBRUARY 1, 1839.

Mr. Sevier submitted a letter from the Secretary of War, transmitting two communications from Edward Everett, Governor of the State of Massachusetts, with a statement from the commissioner on the part of that State, that the New York Indians had not been assembled in council to decide upon the treaty with those Indians as amended by the Senate, and a declaration signed by sixty-four chiefs and residents of the Seneca nation, opposed to selling their lands and to remove therefrom.

Ordered, That the said letter, and the documents communicated therewith, be referred to the Committee on Indian Affairs, and printed in confidence for the use of the Senate.

SATURDAY, FEBRUARY 2, 1839.

Mr. Sevier submitted a letter from Maris B. Pierce, on behalf of a delega tion of Seneca Indians, stating that Charles R. Gold, who appears to have acted as their attorney, had refused to furnish any account of certain documents belonging to them, that had been lost, and requesting that the said Gold be required to furnish a statement relative to said documents.

On motion by Mr. Sevier,

Resolved, That the letter from Maris B. Pierce, on behalf of the delegation of Seneca Indians, in relation to certain documents belonging to that delegation, said to have been lost, be referred to the Committee on Indian Affairs, and that the said committee have power to send for persons and papers.

TUESDAY, FEBRUARY 5, 1839.

On motion by Mr. Tallmadge,

Resolved, That the injunction of secrecy be removed from the treaty negotiated with the New York Indians at Buffalo Creek, on the 15th January, 1838, as amended by the resolution of the Senate of the 11th June, 1838, and since submitted to the said Indians for their assent to the treaty as amended, which was transmitted to the Senate on the 22d ultimo; and, also, from all the documents received in relation to the said treaty, which have been ordered to be printed in confidence for the use of the Senate.