SATURDAY, FEBRUARY 9, 1839.

Mr. Sevier presented the memorial of Israel Jemison, Seneca White, Maris B. Pierce, and John Kennedy, jr., as'a delegation of Seneca Indians, stating that the treaty purporting to have been made at Buffalo Creek, in the State of New York, with the New York Indians, on the 15th of January, 1838, and as amended by the resolution of ratification of the Senate of the 11th of June, 1838, returned to New York to obtain the assent of the Indians thereto, has never received the assent or sanction of a majority of those Indians; that therefore it is not binding on them; and protesting against its being enforced by the United States.

Ordered, That the said memorial, and the documents accompanying the same, be referred to the Committee on Indian Affairs, and printed for the use of the Senate.

THURSDAY, FEBRUARY 14, 1839.

Mr. Sevier presented the memorial of Little Johnson, White Seneca, George Jimeson, and Nathaniel T. Strong, as a delegation of the Seneca Indians, stating that the treaty with the New York Indians now before the Senate had received the assent of the said Indians, and praying that the said treaty may be speedily carried into effect.

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

THURSDAY, FEBRUARY 28, 1839.

Mr. Sevier, from the Committee on Indian Affairs, to whom was referred, on the 22d of January last, the message communicating the treaty with the New York Indians, made at Buffalo on the 15th of January, 1838, as amended by the Senate by resolution of ratification of the 11th of June, 1838, and to whom have since been referred the several memorials, letters, resolutions and communications upon the subject of said treaty, submitted the following report:

The Committee on Indian Affairs, to whom was referred the President's message of the 21st of January, 1839, transmitting a treaty, as amend ed by the Senate, which was negotiated by Ransom H. Gillet, a commissioner on the part of the United States, and the chiefs, headmen, &c. of the New York Indians, &c., report :

That the original treaty was concluded on the 15th of January, 1838, by. Ransom H. Gillet, a commissioner on the part of the United States, and the chiefs, headmen, and warriors of the several tribes of the New York Indians, and which treaty, thus concluded, was, on the 23d day of April, 1838, transmitted by the President for the advisement and consent of the Senate,

On the 11th of June, 1838, this treaty was considered by the Senate, and on that day was ratified on certain conditions. These conditions were, that the treaty should be modified and amended in several essential partic ulars, and that these amendments or modifications should be fully and fairly explained to each tribe separately assembled in open council, and

that a majority of the chiefs should voluntarily and freely assent to each and all of the amendments made by the Senate. This being done, it was the sense of the Senate that the treaty should, in that event, be binding and complete, and in failure thereof, that the treaty should have no force or effect.

The committee have endeavored to ascertain if the treaty, as amended, had been fully and fairly explained in open council to each tribe separately assembled; and with this view they have carefully examined all the documents submitted with the treaty, and have had before them several witnesses, whose testimony they have taken, and submit the same herewith, with this report; and after this examination, and after hearing this testimony, which was taken in the presence of the commissioner and of the agent of the Senecas, and in the presence also of the respective delegations of Senecas, one of which is in favor of, and the other against, the treaty as amended, they are unanimously of opinion that the amendments aforesaid were fully and fairly explained to the Indians referred to, in open council, to each tribe separately assembled.

The next inquiry with the committee was to ascertain if the amended treaty, when explained as above stated, had been freely and voluntarily assented to by a majority of the Senecas.

In respect to all the tribes, except the Senecas, the application appears to have been satisfactory to the Executive; and there being no question submitted as to the assent of the other tribes, the committee have confined themselves exclusively to an inquiry into the assent given to the amendments by the Senecas, and have endeavored to ascertain ifa majority of the chiefs of this tribe had freely and voluntarily assented to the amendments, according to the terms of the resolution of the 11th June, 1838. Upon this branch of the subject the committee have had much difficulty; and to solve these difficulties, they have consulted the documents aforesaid, and have heard testimony.

It appears from the testimony that the treaty-making power with this tribe is vested in, and is exercised by, the chiefs. It appears from the testimony of the agent of the tribe, and from the testimony of the chiefs who testified before us on the side of the treaty, or emigrating party, that the number of the chiefs is eighty one; and, on the other hand, it is sworn to by those opposing the treaty, and who are against emigrating, that there are upwards of ninety chiefs of the Senecas; and it is proved that, during the sitting of the council, which lasted for weeks, the greater part of those chiefs attended the council occasionally, and as many as sixty at a time. It appears from the letter of Mr. Gillet, dated Washington, 25th of October, 1838,, on page 13 of the written document, addressed to Mr. Crawford, of the Indian Bureau, that "the Seneca nation is divided on the question of emigration;" that "there is a large and highly respectable and intelligent portion who are the unwavering friends of emigration, while another considerable portion appear to be its inflexible opponents." "There is a third class who do not appear to have sufficient independence of mind. and character to be described as belonging to, or acting with, either party, and while the current of their feelings seems to be with the emigration party, they are often restrained from action by the threats and compulsion of the opposite party." He adds: "this was the condition of the tribe at the opening of the council."

At page sixteen of the same document, in the letter aforesaid, the com

missioner, after describing the course he had taken to obtain signatures of assent to the amended treaty, by obtaining leases for them, &c., he states: "I presented the manuscript copy of the amended treaty, to which I had attached a written assent. I informed the council that those who chose to do so could sign it, and those who, from fear or other cause, preferred signing at my room in presence of myself, the superintendent from Massachusetts, the agent, and such other persons as might be present, might do SO. I then received sixteen signatures, and, subsequently, at my room, in presence of General Dearborn, thirteen, and two other signatures at the rooms of chiefs who were too unwell to attend council; making in all thirtyone chiefs. These were all by persons who understood the subject, and were freely and voluntarily given."

At page eighteen of the same document, the commissioner sums the details of his negotiation, which was signed, as before stated, by thirty-one chiefs, by saying: "The question then arises, is it necessary to have the names of all the chiefs on the reservation? If so, it was not sufficiently signed in my presence; if not, need it be more than a majority of all who attended the council? This is what is usually required in legislative bodies, and reasoning from analogy, the assent is sufficiently signed. If it requires a majority of all who, from time to time, may have been, for short periods, at council, it is not in my power to give you the necessary information whereon to decide." The commissioner then concludes his report by saying: "In the foregoing statement, I have stated every thing which I suppose at all material to a right understanding of the whole matter, including all the facts which either the friends or opponents of emigration could desire," &c.

The above the committee consider the substance of Mr. Gillet's report; and, for fear of doing injustice, have quoted his own language, and given, as it is entitled to receive, the most implicit credence to the whole of his statement; and after doing so, the committee are unanimously of opinion that the assent of the majority of the chiefs of the Seneca nation, or of those who attended the council during its sitting, had not been obtained at the date of that report. And in this light it appears to have been viewed by the Executive, or else he would have disposed of it as he did of the other tribes who were parties to this treaty. But the commissioner made another report, which we will now examine. Having failed, as the Executive evidently considered, in obtaining such an assent to the amended treaty as the resolution of the Senate required, he was despatched a second time to the Senecas; and, in his report of his doings in this second mission, he says, in his second report to the commissioner, at page 19 of same document, "You have heretofore received a full report of all that transpired prior to your instructions of the 30th of October last. On the receipt of those instructions," (what those instructions were, has not been made known to the committee,) "I repaired to Buffalo, New York, for the purpose of carrying them into effect. On my arrival there, I was joined by General Dearborn, the superintendent appointed by the Governor of Massachusetts, who continued with me until the close of my visit there. He was present, and witnessed every signature to the assent except one, which was taken while he was confined to his room by indisposition. Soon after my arrival there, I directed the United States sub-agent to give public notice that I was present, and was authorized to receive the signatures of such chiefs as desired to give them; and that the superintendent from Massachusetts was also present to discharge the duty assigned him

by the authorities of his State. After this notice, ten additional names were received to the assent, making, in all, forty one."

The above is all that is contained, in the opinion of the committee, in the second report, materially bearing upon the subject now immediately under consideration; and the analysis of the whole of the two reports is, that sixteen chiefs signed the amended treaty in open council; thirteen in his room, in person, or by attorney; two at their own houses, where they were sick; and ten on the second mission, acting under the instructions of the 30th of October; making in all forty-one; being only a majority of one; and that majority is made by rating the chiefs at the lowest estimate. This number has been increased by three additional names, which have been forwarded since the treaty has been under consideration, which increases the number of those who have assented to forty-four. If these forty-four had signed the amended treaty in open council, the committee would consider that the requirements of the Senate had been complied with, at least with the appearance of having a majority. But it is in vain to contend that the signatures of the last ten, which were obtained on the second mission, or of the three who have sent on their assent lately, is such a signing as was contemplated by the resolution of the Senate. It is competent, however, for the Senate to waive the usual and customary forms in this instance, and consider the signatures of these last thirteen as good as though they had been obtained in open council. But the committee cannot recommend the adoption of such a practice in making treaties, for divers good reasons, which must be obvious to the Senate; and among those reasons, against these secret, individual negotiations, is the distrust created that the chiefs, by so acting, are doing what a majority of their people do not approve of, or else that they are improperly acted upon by bribery or threats, and unfair influences. In this case we have most ample illustrations. Those opposed to the treaty accuse several of those who have signed their assent to the amended treaty with having been bribed; and in at least one instance they make out the charge very clearly.

In the Indian lands there are two separate interests of our own citizens; the one are the lessees of the Indians, and the other the pre-emptive claimants; and these two white interests seem to be as violently arrayed against each other as are the two divisions of the Indians themselves; and, as active partisans, take sides with the Indian party according to their in

terests.

The above are the leading facts of this negotiation; and the committee, being but four in number, have been unable to agree upon any recommendation to the Senate other than to submit the facts; and this they do for the future action of the Senate.

The report was read.

On motion by Mr. Sevier,

Ordered, That it be printed, in confidence, for the use of the Senate. Mr. Prentiss presented a memorial from Israel Jemison, Seneca White, Maris B. Pierce, John Kennedy, jr., and Daniel Two Guns, as a delegation of Seneca Indians, asking the rejection of the treaty purporting to have been made with the New York Indians, and declaring their determination not to remove from their lands in that State.

Ordered, That the said memorial be printed, in confidence, for the use of the Senate.'

Mr. Tallmadge submitted the following resolution; which was read, and ordered to be printed, in confidence, for the use of the Senate.

Resolved, That, in the opinion of the Senate, the assent of the Seneca tribe of Indians, residing in the State of New York, to the treaty of January 15, 1838, as amended by the resolution of the Senate of June 11, 1838, has been sufficiently signed to meet the requirements of the resolution of ratification; and, therefore, the Senate recommends the President to make proclamation of the said treaty, and to carry the same into effect.

Mr. Swift submitted the following resolution; which was read, and ordered to be printed, in confidence, for the use of the Senate:

Resolved, That, in the opinion of the Senate, the assent of the Seneca nation of Indians to the treaty made between the United States and said Seneca nation, on the 15th day of January, A. D. 1838, as amended by the Senate on the 11th day of June last, has not been given according to the true intent and meaning of the Senate, as expressed in said amendment, and that the same ought not to be carried into effect.

SATURDAY, MARCH 2, 1839.

On motion by Mr. Sevier,

The Senate resumed the consideration of the message of the 22d of January last, communicating the treaty with the New York Indians, and the report thereon from the Committee on Indian Affairs, submitted on the 28th of February last.

Mr. Tallmadge submitted the following resolution :

Resolved, That whenever the President of the United States shall be satisfied that the assent of the Seneca tribe of Indians has been given to the amended treaty of June 11, 1838, with the New York Indians, according to the true intent and meaning of the resolution of the Senate of the 11th June, 1838, the Senate recommend that the President make proclamation of said treaty and carry the same into effect.

Messrs. Allen, Benton, Clay, of Alabama, Clay of Kentucky, Cuthbert, Foster, Fulton, Hubbard, Linn, Lyon, McKean, Merrick, Mouton, Niles, Norvell, Rives, Roane, Robinson, Sevier, Smith, of Connecticut, Smith, of Indiana, Tallmadge, Walker, Wall, Williams, of Maine, Wright. Those who voted in the negative are,

Messrs. Calhoun, Clayton, Davis, King, Knight, Morris, Nicholas, Pierce, Prentiss, Robbins, Southard, Swift, White.

So the said resolution was agreed to, two-thirds of the Senators present concurring therein.

Ordered, That the Secretary lay the said resolution, and the treaty transmitted to the Senate with the message of the 22d of January last, before the President of the United States.

On motion by Mr. Tallmadge,

Resolved, That the injunction of secrecy be removed from the proceedings of the Senate and the documents relating to the said treaty with the New York Indians.