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FIFTH SERIES.

No. 16.-VOL. IV.]

WASHINGTON CITY, JUNE 16, 1838.

[VOL. LIV. WHOLE NO. 1,394.

THE PAST-THE PRESENT-FOR THE FUTURE.

PRINTED AND PUBLISHED, EVERY SATURDAY, BY WILLIAM OGDEN NILES, EDITOR AND PROPRIETOR, AT $5 PER ANNUM, PAYABLE IN ADVANCE.

INDIAN TREATIES. The treaties concluded last year with the Chippewa, Sioux, and Winnebago Indians, and with the tribes residing in the state of New York, were ratified by the senate on Monday last. As soon as published we will give them a place in the "REGISTER."

CONNECTICUT. The legislature of this state, at its recent session, adopted the following resolution in relation to the sub-treasury:

"Therefore resolved, That it is the will of this general assembly, that our senators and representatives in congress vote against said bill, or any other containing similar provisions, and use all legal and proper means to prevent the passage thereof, and that they be and hereby are so instructed."

ACQUITTAL OF RICHARD H. WHITE. On Thursday last the jury impanneled to try Richard H. White for burning the treasury building in 1833, rendered the following verdict, which, after some objections on the part of the prisoner's counsel, was ultimately recorded: "We the jury find the prisoner, R. H. White, under the plea of limitations, not guilty."

After the verdict was recorded, Mr. W. L. Brent moved the court that the prisoner be discharged; and, the district attorney making no objection, he was discharged accordingly.

Before the jurors lett the court-house, nine of them tendered the following to White:

neighboring states with regard to the resumption to "More disturbances. An attempt we learn, was
specie payments. There is no doubt that all the to be made last night by a number of Canadian re-
western banks will resume in a few weeks. This fugees, to cross over at Lewiston, and make an at-
fact, together with the fact that the banks will tack of some kind upon the Canadian shores; the
shortly commence drawing on the proceeds of the enterprise was, however, abandoned, on account of
late large sale of Kentucky bonds, makes exchange their not then mustering in sufficient strength.
droop. Our bank rates are merely nominal. Out United States troops were to leave this city, in the
of doors good checks on New York can be bought afternoon train of cars, for the above place, to put
at 3 per cert. premium, and on Philadelphia and stop to such attempts hereafter."
Baltimore at 2.

a

The steamer Coburg arrived at Toronto on Mon. day with 460 men, being the right wing of the 34th regiment.

The Buffalo Advertiser of Wednesday evening says: "A gentleman direct from Youngstown called at our office this afternoon, and informed us that down the river, on both sides, every thing was quiet. Governor Marcy was expected at Lewiston this evening. Three other persons, named Lester, Hunter, and Thayer, who were concerned in the assault on the Sir Robert Peel, haye been arrested arineds chooner, carrying six guns, has been fitted out by the British to cruize among the Thousand Islands."

An

The Toronto Herald of Monday mentions that the steain packet William IV, did not proceed EXCITEMENT IN PHILADELPHIA. On Friday lower down than Brockville, in consequence of inmorning the 8th instant, a miserable lunatic, a co-forination having been given that an attempt would lored man, who escaped on Thursday afternoon be made to destroy her. from the lunatic department of the alms-house, assailed one of the Southwark watchmen, named John Batts, with a club, in so violent a manner as to cause instant death. The mayor and sheriff iminediately instituted an inquiry into the circumstances, and the result is, that the murderer, as above stated, is proved to be in a state of frantic lunacy, that he escaped from his cell, his clothes bearing the usual alms-house label, showing his disease. This event was construed by some evil disposed persons into an evidence of an insurrectionary spirit among the colored population, and apprehensions of a riot were entertained. A proclamation from the mayor, however, explaining the condition of the murderer, and enjoining good or From the Kingston Herald of Tuesday. der, had the effect of calming the public mind. Two companies of militia have been sent to But on Sunday last the city was again greatly agi- Brockvile, and a schooner is fitted out, to carry six tated by another scene of violence and bloodshed, guns, (together with a tender and gun boats) in orin which a negro was the principal actor. The cir-der to cruise on the river, and ferret the pirates out cumstances, as stated in the Inqnirer, were as follows: of their hiding places. This is essential, as among On Saturday evening, between 8 and 9 o clock, the Thousand Islands the ruffians might lodge, and while Mr. Francis McKearney, a victualler, resid- find shelter all suminer. Bill Johnson, if not one ing in Seventh street, near Shippen, was standing of his sons also, was one of the party that robbed and talking with his sister in front of his own house the Peel, but neither he nor his boats have been and Rodgers' tavern, a negro man came up to him, seen at French Creek since. They are doubtless and, without any known dispute between them, concealed somewhere ainong the islands, and it will stabbed him with a knife in the abdomen, by which be no easy task to find them, as the places of conhe was wounded so severely that he died a few cealment are so numerous and complete. About hours afterwards at the Pennsylvania Hospital. one third of the Sir Robert Peel was owned in Og. densburg, the remainder in Brockville. She is valued at 11.0001.

"We the jury, who tried Richard H. White, declare that nine of us were for acquitting him entirely of the charge of burning the treasury department, and believed he did not do it; but that three of the jurors not agreeing with us, we compromised by finding the verdict we did, but would not have consented to it had we thought it would have left any imputation upon him as to his innocence. "Washington, June 14, 1838." [Signed by Win. Cleary, B. Cox, Wm. Young, W. G. Deal, Matthew Sexsmith, Daniel Hauptman, Remigius Burch, Franklin Little, Leroy Edward.] The reporter of the "Intelligencer" states that The perpetrator of this foul deed was instantly the jury retired at about 3 o'clock on Wednesday, pursued, and, after some difficulty, captured. He with the permission of the court to go home at 8 was forthwith taken to prison, where he awaits his o'clock in the evening, provided they could not trial and the penalty of his sanguinary crime. One agree upon a verdict; but with directions to assem-of the ruinors is, that he owed the deceased an old ble on the next morning, at 8 o'clock, for the pur-grudge, and the other, that he was intoxicated. pose of making a final disposition of the subject. As it was expected that much excitement might At a quarter past one o'clock on Thursday, they re possibly grow out of the above melancholy affair, turned the verdict stated above. This was the fourth the authorities were on the alert, the sheriff and trial of White, and was continued for nine days. mayor, with a large force under their command, being fully prepared to preserve the peace of the BANKS, CURRENCY, &c. The New York Ex-city which, fortunately, had not been disturbed. press, of Monday, states that it was currently reported that the Bank of America has either dis- CANADA FRONTIER. The last advices from the counted a million of dollars of treasury notes, or Canada frontier represent both parties as desirous has, by some arrangement, received treasury notes to that amount, and has placed a million of dollars in specie at the disposal of the government. It is also reported that a large house, in Wall-street, has also inade a negociation, by which they part with some two or three millions of their specie to the government for their treasury notes. We alluded to the fact, soine days since, that governinent were selling large sums of treasury notes for specie.

to adjust the recent unfortunate incidents in an
amicable spirit; and we have no doubt but that
quietness and order will soon he restored. To in-
sure their continuance, however, the guilty should
meet with prompt punishment, and the utmost vigi-
lence be exerted by the authorities of both coun-
tries, to restrain all persons disposed to widen the
breach which has unfortunately taken place.

Governor Marcy came yesterday to Cape Vincent, and addressed a letter to the mayor, requesting an interview, and he is expected here in the course of to-day. Scanlan has been bailed on his own recognizance. Bill Johnson, it is ascertained, is on the Duck Islands, at the foot of the lake. He is lying in wait for some lake steamboat.

On Sunday morning, the commodore Barrie brought down from Toronto twenty-two of the state prisoners, among them Theller, Sutherland, John G. Parker, Montgomery, the brothers Shepherd. They were all taken to Fort Henry, to be kept there until Lord Durham has considered their cases. A militia order published in the official Gazette, prohibits militia officers from wearing their uniform when passing to the United States on leave. Commandants of corps and stations are to see that the order is punctually complid with.

From the N. Y. Courier, June 11. The accounts from the frontier, we are happy to say, represent our state authorities and the people as anxiously endeavoring to obviate the unpleasant consequences which it was at first apBritish steamboat Sir Robert Peel and the firing on the Telegraph, whilst at Kingston. The magis trates of the latter place had invited the United States district attorney to be present at the legal investigation which had been made into the circumstances connected with the last occurrence. He had attended, and it was stated was perfectly satis fied with the course taken. The governor of this state had also expressed to the mayor of Kingston a desire to have an interview with him, which was about to take place.

In relation to the above, the Baltimore Patriot of From the N. Y. Commercial Advertiser of Monday. Monday says: a gentleman in Baltimore conversant It will be seen by the following paragraph, co-prehended would grow out of the destruction of the with the recent transactions of the treasury depart-pied from the Buffalo Journal of Thursday last, ment in the exchange of treasury notes for specie, that an attack was to have been made on some of authorizes us to terminate all conjectures on the sub. the towns on the Canada shore, on Wednesday ject, by stating the fact, that the holders of specieight, by a party of refugees from Lewistown in New York to the amount of one or two millions, fortunately, they could not get together a sufficient have preferred to invest it in treasury notes bearing number of scoundrels to warrant a safe retreat. 6 per cent. interest, as exchange on England could Their object, no doubt, was to plunder and destroy not be sold at less than 8 perinium, which results some of those elegant seats on the borders of the in a loss of 34 per cent. on the importation. If ex- Niagara river, in the vicinity of Queenstown. change should rise to 10, the precious metals will We have letters this morning from the Upper Prothen flow back as the cheapest remittance. All vince, which state that the intercourse between demands ou the treasury are now paid in specie Oswego and the province has almost ceased, and unless speedy measures are pursued, the lives and Proclamation of the governor of N. York. Whereproperty of those that reside on the border are in as William Johnson, late of French Creek, in jeopardy. the county of Jefferson; Daniel McLeod, a refu 20 66 N. Castle & F. Town R. R. Co. 23 1-2 Previous to the destruction of the Sir Robert gee from the province of Upper Canada; Samuel Peel, we believe there was almost a daily inter- C. Frey and Robert Smith, also refugees from the Kentucky money market. The Louisville Jour-course between Toronto and Oswego-but now the same province, have been duly charged on oath nal of the 9th instant has the following report on American boats do not touch at Toronto as usual, with having been engaged with others in seizing, the money market: nor do the British boats call at Oswego, as hereto-plundering, and burning the steambort 'Sir Robert Exchange-Continues to grow better. The banks fore. We hope that a short period only will inter- Peel,' at Wells' island, in the river St. Lawrence, of this state are corresponding with those of the veue, before the regular intercourse shall be restored. and have hitherto eluded the civil officers in their VOL. LIV.-SIG. 16.

drafts.

Sales of stock at Philadelphia, June 13. 34 shares Ü. S. Bank,

123

attempts to arrest them; I do hereby offer the fol-
lowing reward for the arrest of each one of them,
and for his delivery to the custody of the sheriff of
the county of Jefferson, viz:
For William Johnson,
For Daniel McLeod,
For Samuel C. Frey,
For Robert Smith,

$500 $250 $250 $250

Besides the persons already arrested, and those above namned, there are good reasons for believing that several others were associated with them in committing the crimes above mentioned. I do further offer a reward of one hundred dollars, for the detection and delivery as aforesaid of each one of the offenders, who are not named above, or have not been already arrested.

And I do hereby order and command all civil and ministerial officers of this state to be vigilant and active in their exertions to cause the said offenders to be brought to justice.

Previous to committing the offences above specified, the depredators had their encampment upon the "Ten Thousand Islands," in the St. Lawrence, which are situated partly in the province of Upper Canada, and partly within the limits of this state, and it is believed the places of their refuge at this time are among the islands.

Given under my hand and the privy seal of the state, this the 4th day of June, 1838.

W. L. MARCY.

Lieut. gen. sir John Colborne, the commander of that its translation to your paper would seem to the forces, accompanied by two sons, col. Rowan, carry some warrant of authority at home for the the hon. Col. Gore, Lieut. col Eden, and capt. tacts it professes to state, were I to remain silent. Goldie, arrived here this morning in the Canada, I cannot feel at all odended at the motives asand left again about ten, on his way to the upper cribed to me by the Globe, for taking part in the province. The object of his excellency's journey, debate, springing as they do from a source so utterwe have learned is to investigate, near the scene of ly incapable of comprehending any honorable inthe late outrage, into the circumstances atter:ding centive in public affairs. I seek only to correct the it, and to endeavor to allay the excitement which misrepresentations of fact. the attrocious attack upon the Sir Robert Peel, is so well calculated to produce among the people of our sister province. [Montreal Gaz.

ARMY AND NAVY-OFFICIAL.

the committee to rise alter 6 o'clock in the evening It is stated in the paragraph that my motion for was inade after fuil debate, after all the amend ments were disposed of," and after "Mr. Mason and every member in the house saw that the house considered the discussion exhausted, and was resolved to vote."

Whether the debate had been "full" or whether "the house considered the discussion exhausted, and was resolved to vote," will best be inferred from the fact that the debate had commenced only on the day before on so important a bill; that it was continued on the same night for more than four hours after I had concluded-was resumed again on Monday, and not ended until alter dark on the Wednesday night succeeding.

General Orders, No. 14. Head1-quarters of the Army, Adjutant General's Office, Washington, June 4, 1838. I-Instead of taking post at Fort Gratiot, as diricted in "general orders." No. 13, company B 2d infantry, will proceed to Madison barracks, Sackett's Harbor, New York, and re-occupy that post. Captain Low's company D, of the 5th infaniry, now at fort Winnebago, will repair without delay to Fort Gratiot, and occupy that post. Next, as to the declaration of the Globe that I II-All the disposable recruits on the New York did not take the floor until "after all the amend station will be sent without delay to Madison bar-ments were disposed of," the facts are, that no vote racks, and ordered to report to the commanding or action of any kind had been taken on any amendofficer. inent whatever, except that one offered by my colleague (Mr. Hopkins) had been ruled out, and (as the columns of the same paper show, in which the falsehood is editorially vouched,) an amendment offered by another colleague (Mr. Robertson) was Navy orders. 29-P. mid. G. L. Seldon, navy yard, New further true that seven several amendments, propospending when I rose to speak. And, again: it is York. Boatswain L. Smith, ship Cyane.ed by as many different gentlemen, were printed, 31-Lieut. C. Ringgold. command of brig before us, and all undisposed of, when they were Dolphin. P. mid. T. M. Brasher, navy cut off by the previous question on Wednesday yard, New York. 1-Lieut. W. W. Hunter, Rendezvous, Nornight, three days after my speech was made. So much for the facts of the Globe! folk, vice J. W. West, relieved at his own request. 2-Purser J. C. Holland, ship Erie, vice B. J Cahoon, relieved at his own request. Officers relieved and detached.

By order of ALEXANDER MACOMB,
Major general commanding-in-chief,
ROGER JONES, Adj't gen.

May

DURHAM. By his excellency the right honora. ble John George, Earl of Durham, Viscount Lambton, &c. &c., knight grand cross of the most nonor. able order of the Bath, one of her majesty's most honorable privy council, and governor general, vice admiral, and captain general of all her majes ty's provinces within, and adjacent to the continent of North America, &c. &c. &c.-A proclamation. Whereas information has been received by me, that, on the twenty ninth day of May last, at a cer- June tain island, called "Wells' island," in the river St. Lawrence, within the territory of the United States of America, a body of armed men, at midnight, seized upon a certain steam vessel called the Sir Robert Peel, belonging to certain subjects of her

Boston. Lieut. F. A. Neville, from ship
Erie.

majesty in the province of Upper Canada, then May 29-P. inid. J. J. White, from rec'g ship at
moored at the said island, to which she had resorted
in the peaceable prosecution of her accustomed
voyage, for the purpose of taking in fnel; and hav.
ing with violence driven the passengers of the said
steamboat upon the said island, deliberately plun-
dered, burnt, and destroyed the said steamboat.

Boatswain William Farrow, from ship
Cyane.

31-Lient. Robert Handy, from ship Erie.
Appointment.

Lemuel Smith, acting boatswain, May 29.
Vessels reported.

I will say, only, in addition, that much as I was ney by an issue of treasury notes, when, as I opposed to the expensive mode of raising the inothought demonstrable, a loan until the government a far cheaper mode of raising it, yet, when by the was prepared to cancel the debt would have been previous question the house refused to entertain the bill in any other forin, I could see no propriety in voting against it, and accordingly gave my vote for the bill as it stood.

You will do me the honor to publish this letter, and thus oblige, yours,

Very respectfully, &c. &c.

JAMES M. MASON.

Breese, who had rendered essential service to the LETTER FROM THE HON. J. W. CROCKETT

Ships Independence, com. Nicholson, and Fairfield, com. Mayo, arrived at Rio Janeiro, April 7, from Babia.

Aud whereas, many of the said passengers were females, and were thus assailed with a total disregard of their sex, and their condition at that hour At Sacrificos. May 8, ship Ontario, commodore of the night, thereby greatly aggravating the outrage: And whereas, the due protection of her ina-conmerce of the United States by his presence jesty's subjects, and the demands of justice, impe- since the commencement of the blockade." ratively require that the perpetrators of such a crime should not escape unpunished: And whereas, with that object I am desirous of co-operating with and giving every facility to the authorities of the United States: Now, know all men by these presents, that I do hereby promise the sum of one thousand pounds to any person or persons who shall identify and bring to conviction before any competent tribunal, any person actively engaged in, or directly aiding and abetting the perpetration of this last mentioned outrage.

To allay the alarm which has again unhappily disturbed the peace of the frontier of the province of Upper Canada, I hereby proclaim to the subjects of her majesty residing therein, my determination to secure their present and permaner.t protection by the employment of every means at the disposal of her majesty's government; for which purpose a sufficient military force will be immediately concentrated on such points, as shall best protect the frontier line from all aggressions on the peaceable inhabitants of these provinces. I shall also lose no time in appealing to the government of the United States, to vindicate its own honor, by avenging the insult which has been offered by a band of lawless pirates, and repairing the wrongs which have been inflicted on her majesty's subjects.

Frigate Constitution, com. Elliott, at Port Mahon,
April 11—all well.

LETTER OF MR. JAMES M. MASON.
Washington, May 25, 1838.

To the editor of the Virginian:

the annexed paragraph from the Globe of the 14th
Sir: In your paper of the 23d, I observe quoted
inst. professing to sketch the proceedings of the
house of representatives on the Saturday preceding,
during the debate on the bill for a new issue of teri
millions of dollars in treasury notes:

House of Representatives,

Washington City, April 30, 1838.

My very dear sir: Your very laconic, but not very to send you and others Mr. Benton's speech, is just courteous, letter of the 16th instant, demanding me received, and I hasten to reply,

As to your assertion that "that there are a large majority of administration men in Weakly county," that is a question upon which there may be between us an honest difference of opinion. Be that as it your politeness in furnishing me with the informa. I have therefore only to return you my thanks for may, however, it is a matter of no importance, and tion, and to assure you it is duly appreciated.

to be obliging, and I have frequently undergone It gives me very great pleasure, sir, at all times considerable inconvenience to accommodate my which we have before us, that Mr. Mason, of Vir-guage; but my own views of propriety and self"It seems, from the report of the Intelligencer, friends when requested to do so in respectful langinia, about sun-down on Saturday, began the respect compel me, under existing circumstances, work of frustration of the known intentions of the with all due respect, to decline a compliance with majority. At a quarter past six, we are told by the your request. Hundreds of thousands of Mr. BenIntelligencer's report, Mr. Mason moved that the ton's and Mr. Calhoun's speeches, as I am informed, committee rise; which motion was rejected by six have been p.inted gratuitously, and circulated by ty-four yeas to eighty-six nays.' This was after the party" throughout the land. full debate-after all amendments were disposed of, and after the sessions had been protracted much Pending such appeal, I earnestly exhort all her cially on Saturday. From this, Mr. Mason and beyond the ordinary period on any day, but espemajesty's subjects, notwithstanding the aggravated every member in the house saw that the house conprovocation they have received, carefully to abstain | sidered the discussion exhausted, and was resolved from any act of retaliation which may expose them to the imputation of a disregard of their own honor, by a violation of the rights of adjoining powers.

Given under my hand and seal at arms at the castle of St. Lewis, in the city of Quebec, in said province of Lower Canada, the second day of June, in the year of our Lord one thousand eight hundred and thirty-eight, and in the first year of her majesty's reign.

By command:

CHARLES BULLER, chief sec'y.

to vote.

gave way to a motion to adjourn.
"Mr. Mason proceeded until 7 o'clock, and then

"It was rejected by a still stronger vote
then gave way for another notion to adjourn.
"Mr. Mason continued until after 8 o'clock; and
"Mr. Mason then resumed, and finished.
an adjournment against its will."
"This was the first attempt to drive the house to

However wilfully false all that is there said in
reference to the part I bore in the debate is. I should
never have descended to notice the calumny, but

for out of the public treasury, and I believe it could My own opinion is, honestly, that they are paid mind; at any rate I should like to know how dear be proven to the satisfaction of every unprejudiced Blair, "the printer of the Globe, can afford to print so many thousand speeches" for nothing, and find himself? No man can believe it who is not as blind with party prejudice as a snake in dog days. The cost at the ordinary rate cannot, I think, be less than from 3 to $400,000.

But, for my part. I have to pay for all the speeches I send to my constituents at the rate of froin 2 1-2 to $5 per hundred. This affair of sending speeches, sir, you must know is a private concern, paid for, so own private purses; and have the fact that I only far as the whig members are concerned, out of their send such as, in my opinion, set forth sound and correst views and principles.

NILES' NATIONAL REGISTER-JUNE 16, 1838-EXPLANATORY LETTERS.

I have no doubt I could obtain thousands of Mr. Thomas H. Benton's speeches, without cost to me, but they would be paid for out of the people's money; and, to be candid and frank on the subject, sir, I must say that, if I could obtain a million of then for a red cent, I have too much respect for my franking privilege to be guilty of so gross an abuse of it as I believe it would be to frank even one of then. I would have no objections to circulate the fair and cindid exa nination of those measures to whica I an opposed, by the friends of the ad.ninistration; but such a bundle of de nagogueism as Benton's speech contains, got up to gull and mislead the public mind, can never receive my endorsement while I keep my senses.

I have taken the liberty of showing your letter to my friend and colleague, col. C. H. Williams, and he requests me to present you his respects most af fectionately.

Very respectfully,

Your most obedient servant,
JOHN W. CROCKETT.

Dr. John B. Fonville,
Dresden, Tennessee.

From the National Intelligencer.
MAJOR CROSS' ACCOUNTS.

From the National Intelligencer.
EXPLANATORY LETTERS.
under the head of "proceedings in the senate," the
Senate Chamber, Saturday, June 9, 1838.
following paragraph`occurs:
Gentlemen: In the Globe of yesterday evening,
INDIAN HOSTILITIES.

243

"explained at some length the grounds on which
from the Miamies at the minimum price.
of Indiana to purchase the lands recently obtained
I had voted against the amendment" of my col
league, (Mr. Ewing,) proposing to allow the state

reported by the committee on public lands excep-
This is erroneous. I voted for that amendment.
ting the Miami lands from the general provisions of
after that vote was taken, and upon the amendinent
The substance of my remarks, which were made
the pre-emption bill, was, that, although I regret-
neous provisions, which might distract its friends,
I hoped that the vote just taken would not be
ted to see that bill embarrassed by any heteroge
wrought into an argument against us, when the
presented as an independent proposition, and I de-
clared myself in favor of its justice.
subject of my colleague's amendment should be
committee on public lands.
I voted also for the amendinent reported by the
ALBERT S. WHITE.

June 11, 1838.

to consider the house bill making appropriations for the prevention and suppression of Indian hostilities "On motion of Mr. Wright, the senate proceeded for 1838, and for the payment of arrearages in 1837. Webster addressed the senate, and was answered by Mr. Wright, when Mr. Preston spoke at length, re"On ordering this bill to its third reading, Mr. he attributed to the fault of the administration. flecting generally on the war and its causes which "Mr. Lumpkin addressed the house as follows:" Here follows Mr. Lumpkin's speech at large. This representation of the debate, which occurred on the day of the above publication, produces the impression that I opened a discussion on the subject of the Cherokee Indians, and the proceedings of the executive in regard to them, which brought out gov. Lumpkin in reply: and this impression is strengthened by his speech appearing to be entirely in answer to me. The resolution referred to by Mr. Underwood remarks upon the Florida war, without the slight- amendment that would give pre-emption rights to House of Representatives, June 11, 1838. The course of the debate was this: I made some morning, that I was understood to have offered an This is altogether erroneous. on the pre-emption bill, in the Intelligencer of this having been published in the National Intelli-est allusion to the Georgia affairs. Mr. Lumpkin those who have "already settled" on the Miami reGentlemen: It seems by your report of the debate gencer, Major Cross requests the editors of that followed, making uo allusion whatever to any thing serve lands in Indiana, when, in truth, my ainendjournal to do him the favor to insert the following I had said, but went at once and exclusively into a ment (which is on file as presented on the 7th inletters on the subject: Sir: I deem it proper to inform you that I offered to disabuse the public mind of some misapprehen-casion of presenting it, were directly adverse to discussion of the correspondence between John stant, and shall be revived when the bill be reported a resolution this morning cailing upon the secretary sions in regard to it, and also that the executive any such grant. About half a dozen original setRoss and the executive, stating that his object was to the house,) as well as any remarks upon the ocof the treasury to furnish the house a copy of your of the United States had the authority of gov. Giltlers on the tract alluded to, before the accounts as presented for settlement, &c. The re-mer for the course it had pursued. To this I re- treaty, (by consent of the Indians,) and, solution was adopted, and you may probably see it plied, and endeavored to show that the proceedings sented to me, having improved the quarter sections in to-morrow's papers. The cause of this move of the executive were impolitic, and calculated to they occupy, should not, in my opinion, lose their ment is: An individual nained Maguire called on embarrass gov. Gilmer and gen. Scott, and to im. labor by a change of ownership; and, with the exine a day or two since, and informed me that he pede the execution of the treaty; and I contended ception of such, I contended, as my amendment ree date of the believed there were illegal practices prevailing in that gov. Gilmer did not authorize the extension of quires, that the state should have a pre-emption to as reprethe settlement of accounts at the treasury; that al- the time of removal of the Indians for two years, the entire purchase; that she had brought herself lowances were made for extra services, and as a &c. &c. Gov. Lumpkin replied to these remarks, clearly within the principles of the bill, by extendper centage on disbursements, the legality of which and so the debate proceeded. Of gov. Lumpkin's ing her improvements into the wilderness; and, by was doubted, and that your accounts would illus-first speech, which opened the whole ground, and her policy and action, had imparted value to the trate the inatter, &c. Since the resolution was led to the debate there is no mention in the Globe. land, which should now accrue to her benefit, for adopted, gen. McKay came to my desk and explained the relation between Maguire and yourself, sary, but my attention was called to the report of (of which I had previously heard,) and stated that the debate by these two circumstances: I should not have thought this correction neces-public purposes, upon every principle of equity. you had a petition before the military committee, asking compensation for extra services, from which the debate, contained the extracts from gov. Gil-culty does not extend to amendments offered in he interred that no payment on that account had mer's letters, which had been read by Mr. Lump1st. That the Globe, published on the evening of precise views expressed by members, but that diffiI am perfectly aware of the great difficulty unabeen inade you. voidably experienced by reporters in catching the

Representatives' Chamber, June 6, 1836.

I feel it to be my duty to inquire into abuses alleged to exist by any citizen, and I have also deemed it proper to make this communication, as the inquiry may possibly affect you.

Very respectfully, your obedient servant,
Major T. Cross.
J. R. UNDERwood.

Quartermaster General's Office,

Sir: I have had the honor to receive your note Washington, June 6, 1838. of this date, informing me that, at the instance of a man by the name of Maguire, you had introduced a resolution calling upon the secretary of the treasury to furnish the house of representatives with a copy of my accounts, as presented for settlement.

kin.

the Globe, manifestly prepared by him, leaves the
impression that all which he said on the subject of
2. That Mr. Lumpkin's speech, as published in
the Cherokees had been elicited by my reinarks:
whereas, he had preceded me, and brought on the
discussion.

WM. C. PRESTON.

the yeas and nays on the bill to remove or alter the Hall of Representatives, June 11, 1838. building in progress of erection for the treasury of Messrs. Gules and Seaton: Gentlemen: When fice, (reported in the National Intelligencer of this morning,) were taken, I was not in my seat to vote upon it, having been confined to my room, by inshould have voted against laying that bill on the table. disposition, for two weeks. Had I been present, I originally instituted was under a resolution, which I offered during the extra session. In offering the I deem it due to myself to say so, as the inquiry resolution, I did not design to reflect a censure upon the late or present executive, nor upon the architect; but simply upon the building itself. Indeed, I take pleasure in cordially commending the course which Mr. Van Buren has pursued, in co-operating in having a suitable examination made of the propriety or It will be my pleasure, sir, to meet the most location. searching investigation into all my official acts, and site is badly selected. The rooms will be small and impropriety of inaking a change of construction or especially into all my pecuniary transactions with dark, and will be unhealthy. It is, at least, doubt The building is inconvenient, and the the public, whenever 'hey may be deemed worthy ful if the building will endure long if erected. And of inquiry by the competent authority. This I may I believe that a more convenient building could be challenge with a boldness inspired by a conscious- erected, and a saving of three or four hundred thouness that they defy even malignity itself. sand dollars effected.

am much obliged to you for the kinduess which prompted your notice to me of the course you had deemed it your duty to pursue on the occasion. Far from taking any exception to it, I recognise the obligation of every public functionary, when official abuses are alleged, to inquire into them, even if the allegations do not come from the most respectable source. I have always acted upon this principle myself, in the discharge of the duties confided to me, and am disposed to commend rather than condemn it in others.

Instead of being heated by flues, there is to be a

writing.

upon this matter, that I prevent misrepresentation at home. I copy my amendment as offered, and statement of my amendment, and it is important, The Globe" has published the same erroneous let it speak for itself:

"Provided, however, That the state of Indiana shall have the exclusive privilege for one year to the date of making said treaty, by bona fide citienter at the legal minimum price all the lands in zens of said state, with the previous consent of said tions as were occupied and improved at the time of said state purchased of the Miami Indians by treaty, approved in, 1837, except such quarter secIndians; and such settlers shall, of right, be entitled to enter, within one year from and after the passage of this bill, the quarter section each may have so settled and improved."

upon settlers now claiming pre-emption rights, as
calculated to excite a belief that their character had
and, as I thought, invidious eulogy of my colleague
On offering this, I adverted to the uncalled for,
been assailed, and thus revive and rivet a falsehood
recently promulgated to injure or defame an exalted
statesman belonging to the other house; but, unless
the amendment I then offered, and another to se-
cure the reception of all bank notes of five dollars
and upwards, issued by specie-paying banks of the
the report makes me) that I would vote for the bill;
states and territories wherein the lands lie, and re-
and I will now take occasion to say, that my con-
deemable on demand, be adopted, I did not say (as
victions of the propriety and policy and justice of
both contemplated amendments remain the same,
and, unless they be adopted, I shall most certainly
a large majority of my respected constituents.
not vote for a measure that would otherwise injure
Please give this a place in the Intelligencer, and
JNO. EWING.

Messrs. Gales & Seaton.

tions which would have induced me to vote against
the motion to lay the bill upon the table.
These are some, and the chief of the considera-oblige your friend and servant,
By inserting this note you will greatly oblige
your friend.
WM. C. JOHNSON.

But I do not understand fron your note that my official integrity has been at all impugned. If "ille-fireplace in each room. gal practices do prevail in the settlement of accounts at the treasury," the responsibility is on the accounting officers of that departiment, to whom is confided the power of construing the laws, and passing upon all claims presented against the United States. I have the honor to be, sir, Your most obedient servant, T. CROSS, Maj. U. S. A. Act'g Q. M. G.

Hon. J. R. Underwood,

House of Representatives.

TO THE EDITORS.

Gentlemen: In the sketch which appeared in the National Intelligencer this morning, of the debate upon the pre-emption bill, I am reported to have

NOTE BY THE REPORTER.

[The explanation of mistake of the sense of "an amendment in writing" is, that the amendment in statement of its substance was taken from another paper, the reporter for which seems to have miswriting could not be found by our reporter; and the understood its import.]

THE UNITED STATES AND GEORGIA.

The following message was received from the president of the United States; and, when read was faid on the table:

To the house of representatives:
In compliance with the resolution of the 4th inst.
calling for any communication received from the
governors of the states of Georgia, North Carolina,
Tennessee, or Alabama, in reference to the propos-
ed modification of the Cherokee treaty of 1835, I
herewith enclose a report of the secretary of war,
which is accompanied by a copy of a letter addressed
to him by the governor of Georgia, and of his reply
thereto. As stated by the secretary, no communi-
cation on the subject has been received from either
of the other executives mentioned.
M. VAN BUREN.

Washington, June 6, 1838.

War Department, June 6, 1838. Sir: In compliance with the rosolution of the house of representatives of the 4th inst. referred by you to this department, calling for any communication which may have been received "from the governors of the states of Georgia, North Carolina, Tennessee, or Alabama, on the proposition of John Ross and his associates, for extending the time of removing the Cherokee Indians from those states," I have the honor to lay before you, for transinission to that body, a copy of a letter from the governor of Georgia, together with a copy of the reply of the department thereto. Nothing has been received from either of the other executives men

tioned.

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To the President of the United States.

Executive Department, (Georgia.)
Milledgeville, May 28, 1838.

Sir: I have had the honor of receiving from you the proposals of the government to John Ross, and instructions to general Scott.

The surprise and regret excited in myself at these proceedings of the government, I am sure will be felt by every citizen of the state.

I can give to them no sanction whatever. The proposals to Ross could not be carried into execution but in violation of the rights of the state. The very making of them must prove exceedingly injurious to the interests of its people. The lands which are in the occupancy of the Indians in Georgia are the private property of its citizens; and the owners are now entitled, by the laws, to possession. For the purpose of preventing all unnecessary suffering and hardships on the part of the Cherokees, these proprietors have been earnestly entreated not to enforce their rights at once, but to wait until the Indians should be removed by the army. They have been assured that this would be done by the president as soon as possible, and in perfect good faith. Sincere regret is felt that the success of these efforts in the cause of humanity have been defeated by the government.

War Department, June 3, 1838.

Ross, entirely as he has their confidence, might Sir: I have the honor to acknowledge the re- lose all power to serve them, if he attempted to ceipt of your excellency's reply to my communica- make a contract with the government for their emi tion, conveying the proposals made by the execu- gration before they were consulted, and their appro tive to the Cherokee delegation, and the instruc- val of the measure obtained. If the government tions to general Scott; and from the tenor of your should ascertain, upon Ross' return home, that he remarks, I cannot but suppose that your excellen- had the power, and was willing to undertake the rey must have misapprehended the true meaning moval of his people, the terms of the contract could and intent of the government. be agreed upon without difficulty or delay.

The question of prolonging the time of the re-
moval of the Cherokees is expressly referred to the
states by this department, and such extension was
not intended to embrace a longer period than that
which might be required by a due regard to the
cominon dictates of humanity, it being expressly
stated that the Cherokees were to be removed as
speedily as was consistent with their health and
comfort. General Scott is moreover instructed to
continue the prosecution of the measures he has
adopted to remove the Indians; and, whether their
removal is to be effected by compulsion, or by vo-
luntary emigration under their own agents, so to
the lands there in possession of their property with
conduct his operations as to place the proprietors of
as little delay as possible. These instructions cer-
tainly do not warrant the supposition that the go-
remain two years longer; on the contrary, the or-
vernment consents that Ross and his friends shall
ders of the government are most positive that the
Indians are to be removed from Georgia first, and
from the other states as speedily as practicable; and
your excellency may be assured, from the charac-
ter of the officer intrusted with their execution, that
these orders will be carried into effect without any
unnecessary delay. The department cannot, there-
fore, perceive any cause for the apprehension your
excellency seems to entertain of a collision be-
tween the authorities of the state and the general
government.

I fully concur with your excellency in opinion
that "the Indians can be removed from the state in
the execution of the treaty, and by the troops now
organized and stationed in the country with that
avowed purpose, with more ease and expedition,
and a readier acquiescence on the part of the In-
dians, than by any means in the power of this
state," (meaning Georgia;) and I beg leave to rei-
terate to your excellency the assurance that the
troops will be employed, not in opposing, but in
vindicating the rights of the states interested in the
fulfilment of the treaty, and in establishing, without
unnecessary delay, their citizens in the possession
of their property in the Cherokee country. All
parties must desire that this may be effected rather
by the voluntary emigration of the Indians than
by the application of force, a resort to which the go-
vernment desires most earnestly to avoid if possible.
Very respectfully, your most obedient servant,
J. R. POINSETT.
His excellency Geo. R. Gilmer,

Governor of Georgia, Milledgeville, Ga.

From the Globe.

In the senate, on Thursday, the bill for the suppression of Indian hostilities was taken up, and Mr.Preston, [see page 243 for Mr. Preston's explanAs soon as the proposals to Ross and the instruc-atory letter] without knowing any thing of the subtions to gen. Scott are known to the proprietors, ject on which he inveighed, went to work after the they will no longer be restrained from taking pos- fashion of the letter writing tribe, to manufacture session of their property. It becomes necessary, something to answer party purposes. Gov. Lumptherefore, that I should know whether the presi- kin, of Georgia, made a short shift for Mr. Preston, dent intends, by the instructions to gen. Scott, to by presenting a clear narrative of recorded facts berequire that the Indians shall be maintained in fore the senate. Mr. Preston insisted that the their occupancy by an armed force, in opposition to course of the administration, in proposing to conthe rights of the owners of the soil. If such is the ciliate the malcontent Cherokees, by holding out intention of the president, a direct collision between inducements to voluntary emigration, was altogether. the authorities of the state and the general govern- wrong, and had given the states interested just ment must ensue. My duty will require that I shall cause of offence. The governor of Georgia was alprevent any interference whatever by the troops luded to, as well as general Scott, as being badly with the rights of the state and its citizens. I treated by the course of the department, which, it shall not fail to perform it. To avoid misunder- was pretended, disappointed all their expectations. standing, permit ine to request that you will communicate to me, and as early as you conveniently can, the president's views upon this subject.

Upon this, governor Lumpkin rose and read the ex-
tract of a letter from governor Gilmer, suggesting
precisely the line of conduct adopted by the depart-

Extract from a letter from governor Gilmer, dated

I have no doubt but the Indians can be removed ment. It is as follows: from the state in the execution of the treaty, and by | the troops now organized and stationed in the country with that avowed purpose, with more ease and expedition, and a readier acquiescence on the part of the Indians, than by any means in the power of this

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"If the pertinacity of Ross should create any dif ficulty, it might be obviated by making no reference in his contract to the treaty."

How far Mr. Preston's assertion that the secretary arrested the operations of general Scott, and prevented that officer from doing his duty in removing the Indians, will be seen from the following letter, just received through the governor of Georgia, on that subject:

Milledgeville, June 2, 1838.

Sir: Having just arrived from the scene of operations in the Cherokee country, I avail myself of the honor of communicating to your excellency the limits of Georgia. Upon the 24th ult. he placed movements of my chief, general Scott, within the the Georgia volunteers under the command of general Floyd, in position, and on the 25th commenced the first detachment that operated. The prompt operations. General Floyd, in person, commanded ness and ability of his movement gave to the com. manding general the highest satisfaction, while it presented to the balance of the command a salutary example.

The number of prisoners on Tuesday last was about 3,000; and by this I do not think there is a wandering Indian in the Cherokee country, within the limits of Georgia. The captures were made with the utmost kindess and humanity, and free from every stain of violence. The deportment of our Georgia citizens resident in the Cherokee countries, has been marked by a forbearance and kindness towards the Indians, that must win for them the admiration of every philanthropist. Permit me to conclude with the congratulation of our rights being so promptly and peacefully secured. With the highest regard,

A. H. KENAN, Volunteer aid-de-camp to General Scott. His excellency G. R. Gilmer.

This letter, too, we hope will satisfy governor Gilmer that the ground is untenable taken in the following letter, written by way, we suppose, of acknowledging his obligations to the secretary at war for accomplishing the wishes expressed, not only by himself, but by men of distinction in all parts of Georgia, as gov. Lumpkin informed the senate. We annex this kind requital of gov. Gil. mer for the promptitude with which the secretary entered into the views of engaging Ross and others actively in the business of emigration. It will be seen that his excellency is now disposed to treat the military force, busily engaged in urging and aiding the emigraiion, as a hostile array against Georgia to defend the Indians; and, in that view, is prepared to levy war on the United States. But we give the letter and reply, that the country may judge governor Gilmer on his own showing. The bill was passed to a third reading by a vote of ayes 40, noes 0, and would have finally passed, but that Mr. Benton intimated a wish to speak on it. [Here follows the letters of Messrs. Gilmer and Poinsett, inserted above.]

We find the following correspondence in the "Globe" of Friday night the 9th inst.

Executive Department, Milledgeville, May 30, 1838. Sir: I enclose to you my answer to the letter of the secretary of war, upon the subject of his proposals to John Ross, and late instructions to general Scott.

All here concur in the opinion that these proceedings of the government are in violation of the rights of the state, and calculated to produce the rost extensive and serious evils in the Cherokee country.

Permit me to request that the delegation in conMilledgeville, March 5, 1838. gress from this state will unite in ascertaining "The best informed persons residing among the from the president whether it his intention to conCherokees, express the opinion that Ross can, if he tinue the present delay in removing the Cherokees will, remove his people at once. To avoid the great by the troops under general Scott, for the purpose expense of the government, and preserve the lives of effecting that object by contracts to be made with and property of our citizens and the Indians, which the agents of Ross and his friends, or for any other may be sacrificed, if the treaty is executed by force, purpose? And whether it is his intention to mainthe government can well afford to pay a very liberal tain the Indians by force upon the soil of Georgia, price for the voluntary and immediate removal of in opposition to the will of the state, and the rights the Indians. To enable Ross and the chiefs to ef- of its citizens, to whom the lands have been grantfect this object, I believe it to be necessary for them ed? and that you communicate to me his determinafirst to return home, see their people, and let them tion. Very respectfully, yours, etc. be satisfied that their efforts to change the treaty GEORGE R. GILMER. have been honest, though unavailing. The Chero- Hon. Seaton Grantland, kees are so suspicious of their chiefs, that even

House of representatives United States.

come in.

It may happen that the Indians may be found too sick, in the opinion of the nearest surgeon, to be removed to one of the depots indicated above. In every such case, one or more of the family, or the friends of the person, will be left in attendance, with ample subsistence and remedies, and the remainder of the family removed by the troops. Infants, superanuated persons, lunatics and women in a helpless condition, will all, in the removal, require peculiar attention, which the brave and humane will seek to adopt to the necessities of the several cases.

Department of War, June 7, 1838. | command the troops serving therein, subject to the der themselves must be disarmed, with the assurGentlemen: I have the honor to acknowledge the instructions of the major general. ance that their weapons will be carefully preserved, receipt of your communication of the 5th inst. Eastern district, to be commanded by brigadier and restored at, or beyond the Mississippi. In covering a letter from the governor of Georgia, and general Eustis, of the United States army, or the either case, the men will be guarded and escorted asking a reply to the inquiries it contains. Al- highest officer in rank serving therein: North Caro- except it may be, where their women and children though they have been substantially answered in lina, the part of Tennessee lying north of Gilmer are safely secured as hostages; but, in general, famithe reply of the department to his excellency's let-county, Georgia, and the counties of Gilmer, Union, lies in our possession, will not be separated, unless ter of the 28th ultimo, the tenor of these interro- and Lumpkin, in Georgia. Head-quarters, in the it be to send them, as runners, to invite others to gatories manifests such an extraordinary misappre-first instance, at Fort Butler. hension of the intentions of the government, that it Western district to be commanded by colonel becomes necessary, again, to explain them. Lindsay, of the United States army, or the highest His excellency desires to be informed if it is the officer in rank serving therein: Alabama, the resipresident's "intention to continue the present delay due of Tennessee and Dade county, in Georgia. in removing the Cherokees by the troops under Head-quarters, in the first instance, say at Ross' general Scott for the purpose of effecting that ob- landing. ject by contract with the agents of Ross and his friends, or any other purpose?" The departinent does not understand what is meant by the present delay. When general Scott left Washington, he carried with him instructions to proceed without delay in the removal of the Cherokees, and his des patches, since received, show that he took the proper measures to obey his instructions with his characteristic promptness and energy. When the conciliatory proposals of the executive to the Cherokee delegation were submitted to congress, the general was again instructed to continue the prosecution of the measures he had adopted for the removal of the Indians, and whether it was to be conducted by the troops under his cominand or by the Cherokees themselves, whether it was to be compulsory or voluntary, to permit no unnecessary delay in its execution.

His excellency desires still further to know, "whether it is his [the president's] intention to maintain the Indians by force upon the soil of Georgia, in opposition to the will of the state and the rights of its inhabitants, to whom the lands have been granted?"

In reply to the proposition of the Cherokee dele- | gation for an extension of time, they were told in express terins, that where the rights and interests of sovereign states were concerned, the president could not enter into any engagement with the Cherokees, and that no delay could be granted without the assent of the states interested in the execution of the treaty. In asking that assent the states are merely requested not to press their claims in a manner to occasion unuecessary discomfort and inconvenience to the Indians; and general Scott is at the same time instructed to commence his operations in that part of the territory where the lands have been disposed of, meaning Georgia, and to conduct them in such a manner as to place the proprietors in possession of their estates with as little delay as possible. The department is, therefore, utterly at a loss to understand how the president's views should have been so misapprehended as to give rise to these questions, and now begs leave through you, explicitly to deny that such are or ever have been the intentions of the government. Very respectfully,

Your most obedient servant,

J. R. POINSETT.

Hon. Wilson Lumpkin, A. Cuthbert, Jabez Jack son, C. E. Haynes, S. Grantland, Hopkins Holsey, and Wm. C. Dawson, members of congress, Washington.

ARMY-OFFICIAL-ORDERS No. 25.

Head-quarters, Eastern Division, Cherokee Agency, Ten., May 17, 1838. Major general Scott, of the United States army, announces to the troops assembled and assembling in this country, that, with them, he has been charged by the president to cause the Cherokee Indians, yet remaining in North Carolina, Georgia, Tennessee, and Alabama, to remove to the west, according to the terms of the treaty of 1835. His staff will be as follows:

Lieutenant colonel W. J. Worth, acting adjutant general, chief of the staff.

Major M. M. Payne, acting inspector general. Lieutenants R. Anderson, and E. D. Keys, regular aids-de-camps.

Colonel A. H. Kenan, and lieutenant H. B. Shaw, volunteer aids-de-camp.

Any order given orally, or in writing, by either of these officers, in the name of the major general, will be respected and obeyed as if given by himself. The chiefs of ordnance, of the quartermaster's department, and of the commissariat, as also the medical director of this army, will, as soon as they can be ascertained, be announced in orders.

Middle district to be commanded by brigadier general Armistead, of the United States ariny, or the highest officer in rank serving therein: All that part of the Cherokee country lying within the state of Georgia, and which is not comprised in the two other districts. Head-quarters, in the first instance, say at New Echota.

It is not intended that the foregoing boundaries between the principal commanders shall be strictly observed. Either, when carried near the district of another, will not hesitate to extend his operations, according to the necessities of the case, but with all practicable harmony, into the adjoining district. And, among his principal objects, in case of actual or apprehended hostilities, will be that of affording adequate protection to our white people in and around the Cherokee country.

The senior officer actually present in each district will receive instructions from the major general as to the time of commencing the removal, and every thing that may occur interesting to the service, in the district, will be promptly reported to the same source. The major general will endeavor to visit in a short time all parts of the Cherokee country, occupied by the troops.

The duties devolved on the army, through the orders of the major general, and those of the commanders of districts under him, are of a highly important and critical nature.

All strong men, women, boys and girls, will be made to march under proper escorts. For the feeble, Indian horses and ponies will furnish a ready resource, as well as for bedding and light utensils-all of which as intimated in the treaty, will be necessary to the emigrants both in going to, and after their arrival at their new homes. Such, and all other light articles of property, the Indians will be allowed to collect and to take with them, as also their slaves, who will be treated in like

manner with the Indians themselves.
If the horses and ponies be not adequate to the
above purposes, wagons must be supplied.

Corn, oats, fodder and other forage, also beef cattle, belonging to the Indians to be removed, will be taken possession of by the proper departments of the staff, as wanted, for the regular consumption of the army, and certificates given to the owners, specifying in every case, the amount of forage and the weight of beef, so taken, in order that the owners may be paid for the same on their arrival at one of the depots mentioned above.

All other moveable or personal property, left or abandoned by the Indians, will be collected by agents appointed for the purpose, by the superintendants of Cherokee emigration, under a system of accountability, for the benefit of the Indian owners, which he will devise. The army will give those agents, in their operations, all reasonable countenance and support.

White men and widows, citizens of the United States, who are, or have been intermarried with Indians, and thence commonly termed Indian countrymen, also such Indians as have been made denizens of particular state by a special legislation together with the families and property of all such persons, will not be molested or removed by the troops until a decision, on the principles involved, can be obtained from the war department.

A like indulgence, but only for a limited time, and until further orders, is extended to the families and property of certain chiefs and head-men of the two great Indian parties, (on the subject of emigration,) now understood to be absent in the direction of Washington on the business of their respective parties.

The Cherokees, by the advances which they have made in christianity and civilization, are by far the most interesting tribe of Indians in the United States. Of the fifteen thousand of those people who are now to be removed-(and the time within which a voluntary emigration was stipulated, will expire on the 23d instant)-it is understood that about 4-5th are opposed, or have become averse to a distant emigration; and although none are in actual hostilities with the United States, or threaten a resistance by arms, yet the troops will probably be obliged to cover the whole country they inhabit, in order to make prisoners, and to march or transport the prisoners, by families, either to this place, to Ross's landing, or Gunter's land. ing, where they are to be delivered over to the superintendent of Cherokee emigration. Considering the number and temper of the mass to be removed, together with the extent and fastness of the country occupied, it will readily occur that simple indiscretion-acts of harshness and cruelty, on the part of our troops, may lead, step by step. to delays, to impatience, and exasperation, sult, in the case of those particular Indians, utterly every company in the army. and in the end to a general war and carnage-a re- This order will be carefully read at the head of abhorrent to the generous sympathies of the whole WINFIELD SCOTT. American people. Every possible kindness, compatible with the necessity of removal, must, therefore, be shown by the troops, and if, in the ranks, a despicable individual should be found, capable of inflicting a wanton injury or insult on any Cherokee man, woman or child, it is hereby made the special duty of the nearest good officer or man, instantly to interpose, and to seize and consign the guilty wretch to the severest penalty of the laws. The major general is fully persuaded that this injunction will not be neglected by the brave men under his command, who cannot be otherwise than jealous of their own honor and that of their country's.

By early and persevering acts of kindness and humanity, it is impossible to doubt that the Indians may soon be induced to confide in the army, and instead of fleeing to the mountains and forests, flock to us for food and clothing. If, however, through false apprehensions, individuals, or a party, here and there, should seek to hide themselves, they must be pursued and invited to surrender, but not fired upon unless they make a stand to resist. Even in such cases, mild remedies may sometimes better succeed than violence; and it cannot be doubted that if we get possession of the women and chilTo carry out the general object with the greatest dren first, or first capture the men, that, in either promptitude and certainty, and with the least pos-case, the outstanding members of the same families, sible distress to the Indians, the country they are to evacuate is divided into three principal military districts, under as many officers of high rank, to

will readily come in on the assurance of forgive-
ness and kind treatment.

Every captured man, as well as all who surren

By command:

W.J. Worth, lieut. col. chief of the staff.

REPORT ON MR. WEBSTER'S RESOLU

TION.

In senate, Friday, June 8, 1838.
Mr. Wright, from the committee on finance, made
the following report:

The committee on finance, to which was referred
the resolution of the senate of the 31st ultimo,
directing certain inquiries as to various provi-
sions of an act entitled "An act to regulate the
deposites of the public money," passed on the
23d day of June, 1836, respectfully report:
The resolution instructs the committee "to take
into consideration the act of the 23d of June, 1836,
entitled 'An act to regulate the deposites of the
public money,' and to make inquiry upon these
points, viz:

First. "Whether, according to the provisions of that act, it is now competent for the secretary of the treasury to employ any bank which has hereto, fore been selected as a public depository, and which, since the passage of that act, has suspended specie payments."

The committee have examined the act with attention, and find that, all other objections being ob viated, it is competent for the secretary of the treasury to employ, as a public depository, any bank which has heretofore been selected for that

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