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Executive proceedings of the Senate on the treaty with the Menomonee Indians of the 8th of February, 1831, and the articles supplemental thereto, of the 17th of February, 1831.

SATURDAY, FEBRUARY 2, 1839.

On motion by Mr. Linn,

Resolved, That the injunction of secrecy be removed from the documents and proceedings of the Senate in relation to the treaty with the Menomonee tribe of Indians, and supplemental articles thereto, which were transmitted to the Senate on the 28th of February, 1831, and ratified by the Senate on the 25th of June, 1832.

The following are the proceedings referred to :

MONDAY, FEBRUARY 28, 1831.

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

To the Senate of the United States:

I present, for the consideration of the Senate, articles of agreement entered into, and concluded, by commissioners duly appointed on the part of the United States and the chiefs of the Menomonee tribe of Indians, at Green Bay. Various attempts were made to reconcile the conflicting interests of the New York Indians, but without success, as will appear by the report made by the Secretary of War. No stipulation in their favor could be introduced into the agreement without the consent of the Menomonees, and that consent could not be obtained to any greater extent than the articles show. Congress, only, is competent now to adjust and arrange these differences, and satisfy the demands of the New York Indians. The whole matter is respectfully submitted.

ANDREW JACKSON.

The message, agreement, and accompanying documents, were read. Ordered, That they be referred to the Committee on Indian Affairs, and that the treaty and documents be printed, in confidence, for the use of the Senate.

Mr. Sanford presented the memorial of John W. Quincy and others, delegates from certain tribes of New York Indians, remonstrating against the provisions of the treaty recently concluded with the Menomonee Indians. The memorial was read.

On motion by Mr. Sanford,

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

THURSDAY, FEBRUARY 9, 1832.

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

To the Senate:

I transmit, herewith, for the information of the Senate, a report from the Department of War, showing the situation of the country at Green Bay,

ceded for the benefit of the New York Indians, and also the proceedings of the commissioner, who has lately had a meeting with them.

WASHINGTON, February 8, 1832.

ANDREW JACKSON.

The message and the accompanying documents were read.
On motion by Mr. Dudley,

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

Mr. Marcey presented a memorial of the New York Indians, in relation to a treaty with the Menomonee Indians, transmitted to the Senate the 28th of February, 1831.

The memorial was read.

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

THURSDAY, MARCH 29, 1832.

Mr. White, from the Committee on Indian Affairs, to whom was referred the President's message of the 9th of February last, transmitting certain documents showing the state of the country at Green Bay, and relating to the treaty with the Menomonee Indians, communicated to the Senate the 28th February, 1831, reported the treaty with the Menomonee Indians without amendment.

SATURDAY, JUNE 23, 1832.

The Senate proceeded to consider the treaty with the Menomonee Indians; and,

On motion by Mr. Mangum,

The Senate adjourned.

MONDAY, JUNE 25, 1832.

The treaty with the Menomonee Indians was read the second time, and considered as in Committee of the Whole; no amendment having been made, the Vice President reported it to the Senate accordingly.

Mr. White submitted a resolution for the ratification thereof, which was considered by unanimous consent.

On motion by Mr. Frelinghuysen,

The resolution was amended by inserting, after " Fox river," the words "and one mile above the Grand Shute on Fox river;" and by inserting, after the word "land," "on and along the west side of Fox river."

On the question to agree to the resolution, thus amended, as follows: Resolved, (two-thirds of the Senators present concurring.) That the Senate do advise and consent to the ratification of a treaty made and concluded at the city of Washington on the 8th day of February, 1831, between the United States of America and the chiefs and head men of the Menomonee Indians; and also the supplemental or additional articles thereto, dated the 17th of February, 1831: Provided, That for the purpose of establishing the rights of the New York Indians on a permanent and just footing, the said treaty shall be ratified with the express understanding that two townships of land, or the east side of Winnebago lake, equal to 46,080 acres,

shall be laid off (to commence at some point to be agreed on) for the use of the Stockbridge and Munsee tribes; and that the improvements made on the lands now in the possession of the said tribes, on the east side of the Fox river, which said lands are to be relinquished, shall, after being valued by a commissioner to be appointed by the President of the United States, be paid for by the Government: Provided, however, That the valuation of such improvements shall not exceed the sum of twenty-five thousand dollars; and that there shall be one township of land adjoining the foregoing, equal to 23,040 acres, laid off and granted for the use of the Brothertown Indians, who are to be paid, by the Government, the sum of one thousand six hundred dollars for the improvements on the lands now in their possession on the east side of Fox river, which lands are to be relinquished by said Indians; also, that a new line shall be run parallel to the southwestern boundary line, or course of the tract of five hundred thousand acres, described in the first article of this treaty, and set apart for the New York Indians, to commence at a point on the west side of the Fox river, and one mile above the Grand Shute on Fox river, and at a sufficient distance from the said boundary line, as established by the said first article, as shall comprehend the additional quantity of two hundred thousand acres of land on and along the west side of Fox river, without including any of the confirmed private land claims on the Fox river, and which two hundred thousand acres shall be a part of the five hundred thousand acres intended to be set apart for the Six Nations of the New York Indians, and the St. Regis tribe; and that an equal quantity to that which is added on the southwestern side shall be taken off from the northeastern side of the said tract, described in that article, on the Oconto creek, to be determined by a commissioner to be appointed by the President of the United States; so that the whole number of acres to be granted to the Six Nations and St. Regis tribe of Indians shall not exceed the quantity originally stipulated by the treaty;" It was determined in the affirmative, Yeas

Nays

Those who voted in the affirmative are,

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31,

2.

Messrs. Bell, Benton, Bibb, Brown, Clay, Clayton, Dickerson, Dudley, Ewing, Foot, Forsyth, Frelinghuysen, Grundy, Hayne, Hill, Marcy, Miller, Naudain, Poindexter, Prentiss, Robbins, Ruggles, Seymour, Silsbee, Smith, Sprague, Tazewell, Tomlinson, Webster, White, Wilkins.

Those who voted in the negative are,

Messrs. Chambers and Tipton.

Ordered, That the Secretary lay this resolution before the President of the United States.

INDEX TO SENATE JOURNAL.

A.

Acts passed during the session, list of the
Adams, John Q., letter from, presenting to Congress, in the name
of the family of General Lafayette, a copy of the memoirs
and writings of their parent

Adams, William, and I. J. M. Lindsay, claim of, referred
Adams, Ebenezer, petition of the widow of, referred

committee discharged

Adams, John, bill for the relief of the legal representatives of. (See bill H. R. 1009.)

Advances made during the last war, bill providing for the final
settlement of the claims of States for interest on payments on.
(See bill S. 58.)

Adjutant and Inspector General's office, bill to fix the compensa-
tion of the senior clerk in the. (See bill S. 115.)
Alabama, resolution to change the times of holding the circuit
court of the United States in the southern district of
Alabama, memorials and resolutions of the Legislature of, pre-
sented, viz:

for remuneration for depredations committed on the
property of citizens of that State by the Creek In-
dians in 1836

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for the passage of an act to grant pre-emption rights to
certain settlers on the public lands -

on the subject of banks and banking institutions,
against the recharter of the Bank of the United
States, and the restoration of the deposites, and in
favor of a metallic currency

praying the cession to that State of the canal around

the Muscle shoals:

Alabama, petitions of citizens of, presented, viz:

that a record of the surveys of private land claims may
be kept in the district land offices

committee discharged

to be permitted to locate pre-emption rights of which
they have been deprived

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in favor of the passage of the bill for the benefit of the Selma and Tennessee Railroad Company" Alabama, bill to establish an additional land district in the State

of. (See bill S. 17.)

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