British Colonial Trade.-The Public Lands.

Resolved, That the Secretary of the Treasury be directed to furnish this House with a statement, exhibiting, annually, from the 30th September, 1815, to the 30th September, 1826, the amount and description of merchandise exported from the United States to the British Colonies, embraced in the recent Order in Council; the amount and description of merchandise imported from the same during the said term; a statement of the tonnage annually employed in that trade; distinguishing between British and American vessels; and of the revenue annually accruing upon merchandise imported from said Co-lonies; what other articles, though not prohibited, were lonies."

H. of R.]

Massachusetts Militia Claims.

[DEC. 14, 15, 1826.

resolution, from hearing it read, it proposed a transfer of the jurisdiction of the subject to the Secretary of War. He was not now prepared to vote upon that measure.

Mr. BARTLETT explained. The resolution did not go to take the control of the subject out of the hands of this House: it sent it to the Secretary of War merely for the purpose of inquiry. His object in of fering it had been to avoid a discussion of this claim, on the bill reported at the last session, and which, from its position in the Calendar, must come up very soon.

pose of pressing this subject early upon the attention of dering so important a subject: as he understood the the members, in order to awaken their interest in a measure of essential importance to the new States. A change in the policy heretofore pursued, with regard to the dis. posal of the public lands, is loudly called for. There are tracts of country, from their peculiar and local situation, that require every inducement to be held out by the Government to encourage their settlement. A large tract of country, comprehended between the 31st degree of latitude and the sea coast, in Mississippi, contains a very sparse population. The land is most generally of an unproductive quality, and will not command the Government price. The unsold land in that district, North of the 31st degree of latitude, amounts to two millions two hundred thousand acres. There are six counties in the limits of this district: only twenty-two half quarter sections of land have been entered at the Land Office in that district since 1824. The good land lies in small bodies, and purchasers ought to have the privilege of entering small tracts. The People of this district are very much dissatisfied with the present state of things. Many have already gone to a country beyond the limits of the United States, that is supposed by them to offer greater inducements than the United States holds out. Mr. H. stated, that a price should be fixed, according to the quality and local situation of the land. Mr. H. further stated, that it was his belief that, unless some measures are speedily adopted, a considerable part of the State of Mississippi would be eventually depopulated. He hoped that this subject would early engage the attention of the Committee on Public Lands.

The resolutions were then agreed to.

THURSDAY, DECEMBER 14, 1826.

MASSACHUSETTS MILITIA CLAIMS. The House proceeded to consider the following resolution, submitted by Mr. BARTLETT, on the 10th day of April, 1826.

"Resolved, That the Committee of the Whole House be discharged from the further consideration of the claims of the State of Massachusetts, for Militia services rendered during the late war; that the same be referred to the Secretary of War, and that he be instructed to report to this House what items and what amount of claims are within the principles and rules which have been ap. plied to the adjustment of claims of other States, for mi. fitia services during the late war."

Mr. BARTLETT then modified his resolution to read as follows:

"Resolved, That the Committee of the Whole House be discharged from the further consideration of the bill to authorize the settlement and payment of the State of Massachusetts for certain services rendered during the late war; that the same, with the claim of Massachusetts for military services, be referred to the Secretary of War, and that he be instructed to report to this House what classes and what amount of said claim may be allowed and paid upon the principle and rules which have been applied to the adjustment of claims of the other States, for military services during the late war; and, also, if any parts of said claims are disallowed, to state the reasons for which the same are rejected.”

Mr. M'COY moved to amend the modified resolution by inserting, after the words "late war," where they last occur, the following:

"And to which the assumed authority of the Governor of that State, to control the militia, and to judge of the necessity of ordering them into service, does not apply" The amendment was agreed to.

Mr. BUCHANAN wished that the mover would consent to let his resolution lie for one day on the table, that the House might have an opportunity of consi

Mr. HOUSTON was opposed to the resolution. He could not conceive for what end this matter should be sent to the Department of War. When it was up for discussion, last session, he understood that the House were in possession of full information respecting it : it could not be intended to get new facts: and if it was merely to obtain the sanction of the Department to some of the items of the claim, he imagined it would have very little effect-it certainly would never change his vote. Why should not the subject be discussed now, as well as at any other time? If the claim had merits, let it rest on its merits, and receive accordingly: it certainly could acquire none from the Department of War. He was opposed to the reference.

Mr. BARTLETT then, in compliance with the request of Mr. BUCHANAN, consented to let the resolution lie for one day.

FRIDAY, DECEMBER 15, 1826.

Mr. BUCHANAN, at whose request a resolution offered yesterday by Mr. BARTLETT, in relation to the claims of Massachusetts, had been for one day laid on the table, moved the consideration of that resolution at this time-a motion which he said was due as an act of courtesy to that gentleman.

The motion prevailed, and the subject was accordingly taken up.

The question being on the adoption of the resolutionMr. HOUSTON observed that he should be glad to see this claim, which had been so long and so often discussed, finally disposed of; nor should he oppose the course now proposed by its friends, could he view that course as fair or expedient. But he was utterly opposed to referring the subject to the Department of War. It had been referred there once already, and the proper officer had reported on it: since then, it had been sent, session after session, to committees of this House. It was now proposed to send it back again to the Department. He could see no necessity nor propriety in such a measure. If the claim was to be settled on the principles declared in the resolution, there could be no need of submitting it to the Secretary of War. It has already every advantage for such a settlement that it will have afterward; but if it is not to be put on that ground, it may be audited and settled at once. He could discover no object in sending it to the Department, unless it were that it might be examined by the Secretary, and returned to the House with an imposing sanction in its support. He would not be so much opposed to this course if it had not been already in that Department, and the Auditor had not already pointed out the objectionable items of the claim. Could the object of the friends of the claim be to gain time? If that was their wish, why not move at once to lay the bill on the table? There was no need, for such an object, to trouble any of the Departments. But if that was not the object intended, why not let the House take up the subject, and discuss, and decide upon it? No advantage could accrue, either to the claim, or to the House, from farther delay. If the bill was to be taken up at this session at all, the sooner the better. Let its friends have a

DEC. 15, 1826.]

Massachusetts Militia Claims.

[H. of R.

full opportunity to bring all its merits into view, and press on the items, and to hand over to this House the amount them at large upon the consideration of the House. He which he believes to be justly allowable. The subject was aware that the Second Auditor had reported favora- was then to be finally settled here. Legislation had bebly with regard to some items of the claim. Let these become necessary, because Massachusetts, having presented paid. If Massachusetts wants the money, let her have all some claims which were of an exceptionable character, that has been allowed; a part of the sum will be some the Auditor bad referred the whole subject to the late benefit; and let her have it: why should the money lie President, and it had subsequently been by him referred in the Treasury? Did Massachusests wish it to lie there, to Congress for its decision. The President was under that it might give a handle to the demand of the whole no obligation to do this; but had freely chosen that course, balance claimed? If she cannot get her claim altogether, as in his judgment most expedient. The resolution asklet her have it by piece meal; but at all events let Con- ed the Secretary to present the subject in a distinct and gress keep in its hands the whole management of the tangible form before the House; and its adoption would, affair. If the claim must be referred somewhere, let it go perhaps, be a mean of avoiding such a scene as was preto a select Committee, but do not send it to a Department, sented at the last session, when the bill in relation to these that it may receive imposing features, which did not na- claims was under consideration. He wished to get rid turally belong to it. of that bill. If it remained in its present form, he should be compelled to vote against it; although he believed and was satisfied that a part of the claim is perfectly just, and ought to be allowed. The just and the unjust portions are there put together, and as the unjust far exceed in amount, he must reject the whole. Besides, the very general language of the bill opened a wide field to declamation, which would shed no light on the real merits of the claim. Should such declamation be repeated on this occasion, it would consume time far too valuable to be so occupied. He had hoped that the resolution would meet the unanimous approbation of the House. For himself, he had no personal interest in the matter, and was only anxious that justice should be done.

Mr. INGERSOLL said he believed there was a portion of the amount claimed by Massachusetts, to which that State was justly entitled; yet there was a part, (and, he understood, by far the greater part,) to which he should be as much opposed as the gentleman from Tennessee, who had just taken his seat. When the bill was up at the last session, he had felt much embarrassment how to act, because no discrimination was contained in it between the just and the exceptionable parts of the claim. He felt the same embarrassment still; and he was in favor of the resolution of the gentleman from New Hampshire, precisely because it relieved him from this embarrass ment, by proposing to have the line of distinction marked out. This was what he ever wished. Let us not have vague descriptions or a barren reference to principles, but let us have the items before us, in black and white. By the resolution, the Secretary is called to say how much of the claim is justified by the principles established in the a lowance of the claims of other States; and how much of it is to be disallowed. To make its provisions more acceptable to the opponents of the claim, it has been so amended by the gentleman from Virginia, [Mr. M'Cor,] that all that part of the claim affected by the objections set up by the Governor of Massachusetts, to put the militia under the control of the General Government, is to be excluded. This must render the resolution perfectly safe; and with this qualification he was prepared to vote for its adoption.

Mr. BARTLETT remarked, in supporting the resolution, that he had been unusually unfortunate in the position in which he had placed himself before the House. His resolution was, originally, so drawn as to give much dissatisfaction to the friends of the claim, and it now appeared to please the opponents no better; but in offering it, he had sought to please neither he had presented it, because he believed that a part of the claim was as justly due as those claims of other States which had long since been both allowed and paid; but that another portion arose under such circumstances, and was connected with such feelings, that he could never consent to its allowance by the Government, and his object had been to se parate the one from the other. Why should such a course be objected to ?

Mr. WEEMS was in favor of the resolution. He had declared, last session, that, in his judgment, a part of the claim ought to be allowed. He was as willing to pay that portion as any gentleman on the floor. Another portion he was entirely opposed to. It was now proposed to send the claim back to the War Department, that it may be dissected, and that these two parts may be separated. In consistency, therefore, he was bound to support such a resolution. It did not ask the Secretary to instruct this House in its duty; but only to draw a line of separation between the sound and unsound portions of the claim. When this was done, one wish of his friend from Tennessee would be gratified. Massachusetts might receive what was actually due. That gentleman was mistaken, however, in saying that the Secretary of War had had the claim already referred to him. It had never been submitted to the Secretary of War in person, but only to the accounting officers in that Department, and they had stated none of the reasons which had induced them to reject any of the items.

Mr. SPRAGUE said he rose neither to support nor oppose the resolution. He did not support it, because he was, individually, prepared to act upon it, having, to guide his own course, bestowed considerable atten. tion upon the subject. He could not oppose it, be cause it asked for further information. All the gentlemen who had spoken in opposition to the resolution admitted that there is a portion of the claims which ought to be paid; but he rose to correct an error into which the gentlemen from Tennessee and Maryland had fallen, It had been said that the resolution went to put the sub-who, whilst they admitted, as every one must who would ject beyond the control of Congress, and to transfer its decision to the Department of War. But that was not the intention, nor would it be the effect, of the resolution. The resolution says no such thing. It only asks of the Secretary of War certain information, in order to enable the House to act with understanding upon the subject. How would the claim be situated if there were no bill on the subject? It would have to go to the Department, and there a subordinate officer would pass upon all its items; strike off some, and allow others; and the voice of this House would never be heard in the matter. The resolution asks the Head of that Department to state his opinion

read the papers concerning it, that there is a sum of money which Massachusetts ought to have, upon every principle of justice and equity, yet seemed to suppose that she had refused to accept that portion. Now, Mr. S. said, this was altogether a mistake: for, although it was declared by the late President of the United States, that Massachusetts ought to have this portion of the mo ney, and had been so admitted, also, by every one who had spoken on the question, yet the money was withheld from her, and she has never had the power to take it. Gentlemen need not go to the Department of War to know why she had not taken it. She has not

taken it, said Mr. S. because you would not give it to her. Whilst the late President had conceded that there was a portion of that claim which ought to be paid, he had said, also, that, because there was another portion which was doubtful (only) in its character, therefore he had determined to send the whole for the consideration of Congress. Now, when it comes before Congress, being sent here by the President of the United States, because there is a part of it which he does not think ought to be paid, the bill on the subject is objected to because it does not desig nate what particular part of the claim ought to be paid-all agree that some of it should be paid, but do not say what part, &c.-and thus the claim is bandied about. Gentlemen, from a suspicion of a possibility that something will be paid on account of it which ought not to be paid, will not take measures to ascertain what is the unexceptionable part of the claim. It was a matter of common justice to the State of Massachusetts, for gentlemen either to vote for the bill as it now is on the tables of the House, or to take measures to satisfy themselves what portion of it they will give; and not to keep Congress, from year to year, in the acknowledged condition of withholding payment of a sum of money due to that State, because it is possible, in the adjustment of her account, she might receive a sum which ought not to be given to her.

Mr. DRAYTON observed, that gentlemen seemed generally to suppose that the resoution would leave still before the House the whole of the matter which has heretofore been before it but such was not the fact; the resolution went greatly to narrow the ground of consideration. The documents which have been submitted at the last sessions, referred to the whole claim of Massachusetts generally. Neither the President nor the Department of War attempted to discriminate what is due from what is not. Their communications left the subject perfectly at large; and an opinion could only be deduced from a laborious examination of the documents in detail. But the resolution now offered, narrowed greatly the inquiry imposed upon the House, because its effect would be entirely to exclude all that portion of the claim which is dubious and contested. It avoided particularly all that part of it to which the principles of the Governor of Massachusetts, in respect to the militia, apply. The House had never yet expressed an opinion as to how much of the claim ought to be allowed; it would now be in a situation to do so, as much extraneous matter would be stripped away from the subject. Another important aid, said Mr. D., will be derived from its adoption. The Secretary is required to state what portion of the claim falls under precedent, according to the rules established in allowing the Militia Claims of other States. These rules have never yet been clearly and distinctly laid down; much diversity has prevailed in the different cases. In some of them, compensation has been confined to militia when actually in the service of the United States; in others, it has not in some, interest has been allowed, in others, not. All the cases should be settled by the same rule. The Secretary will have to investigate these several settlements, and deduce a general rule from them. Thus, by adopting the resolution before them, the House will have this arduous subject both simplified and illustrated. On these two corsiderations, he should be in favor of the resolution. There was another consideration, Mr. D. said, which weighed in its favor. The Military Committee had, at the last session, reported a bill, allowing these claims to a certain extent; it did not specify the allowance, but only laid down certain general principles by which it was to be governed. Those principles admitted of a diversity in their application; so that, at all events, the Secretary of War would have to decide how they applied to the claims. It would be better that he should do this at once, beforehand, and then the House

:

[DEC. 15, 1826.

could decide whether it approved his decision; in the other case, it would be final. He agreed in the regret which had been expressed in relation to the warmth which was exhibited the last session in the discussion of this subject—and he feared that they should have the same scene over again, unless the resolution were adopted-and that the claim would continue to be bandi. ed backward and forward between Congress and the President, as it had been heretofore.

Mr. FORSYTH rose, not, he said, to say any thing of the Massachusetts Claims, nor to make any objection to the resolution before the House. He would not discuss the merits of the Claims, he said, because the subject was not before them. But he wished to say a few words upon what had fallen from the gentleman from Maine. That gentleman had intimated, that it was admitted, by all the members of the House, that something was due to Massachusetts, and had not been paid, and that it was the fault of this House that it had not been paid. The facts in the case, Mr. F. said, would not justify this con. clusion. He did not speak with great confidence on the subject, but, according to his recollection, the facts were these: The claims of the State of Massachusetts were examined and settled at the Treasury, and the amount found due to her was paid under the provisions of the general law. A certain portion of these claims were considered, by the Executive, to be so tainted by the circumstances of their origin, as to make it improper that they should be paid. They were, therefore, reject ed by the President. After the lapse of some years, circumstances occurred which induced a change in the mind of the President on this subject. The President of the United States having caused these claims to be reexamined by the War Department, it was discovered that they were susceptible of classification; and that some of them might come within the provisions of the law. But the President of the United States did not choose to take upon himself the responsibility of directing them to be paid. The funds to pay this portion were in his hands, and he did not think proper to use them. If any injustice, then, had been done to Massachusetts, it was not by Congress, but by the President of the United States. But, [said Mr. F.] I, for my part, am not satisfied that one cent is due to Massachusetts. There has been an error on this subject, which has run not through this House merely, but through the country. The President of the United States has decided this question against the claim of Massachusetts in the first instance. If he has not so decided it, he has acted unjustly towards the State of Massachusetts; and he (and not we) is to blame for it. Mr. F. said, he had no particular objection to this resolution, and rose only to make this explanation of facts.

Mr. SPRAGUE said he was not aware, although the gentleman from Georgia professed to rise to correct an error, that he had succeeded in the object for which he rose. I said [observed Mr. S.] that it seemed that every body admitted that something was due to the State of Massachusetts. It did so seem, certainly, because every gentleman who spoke, distinctly admitted that there was something due to Massachusetts. This, I said, nobody had denied: I may hereafter say, there is one exception to this remark-there may be many others. With respect to the refusal to pay the money allowed to be due, did I ever say that it was not refused? Did I not, on the contrary, say that the Executive would not pay the money? What we complain of, is, that the money has not been paid. I said that injustice had been done to Massachusetts; but I did not say that it had been done here or elsewhere. The injustice is, that the money is due to her, and has not been paid. Did I go further? I referred, in my remarks, to the President's Message, in which he says that, for the services of the Fifth Division,

Mr. FORSYTH said he had understood the gentleman from Maine to say that the justice of these claims could not be denied. The whole tenor of the gentleman's observations went upon the ground that the Legislature was in fault for not having appropriated this money when the President of the United States had been ready and anxious to have it paid.

[H. of R.

he had no hesitation in avowing his opinion, if he did not they are willing to abandon the chase, and depend, for suppose the claim to be cognizable by Congress, only, their subsistence, upon the pursuit of agriculture and the that it ought to be paid. The observations of the Presi- arts of civilized life; whether they have been made cleardent are concluded by the remark, that, on the score of ly to understand the nature and form of the Government justice, as well as policy, these claims ought to be adjust-proposed to be instituted over them; whether the chiefs, ed. I hope I shall not have occasion to address the headmen, and people, of the tribes, are willing to dissolve House again on this question, and that, if I have fallen their existing political relations; whether they are willing into any error, it will be pointed out more distinctly than the United States should create a Government over, and it has yet been. make laws for them; whether they are willing to change the tenure of their lands, and hold them in severalty; whether the tribes West of the Mississippi are willing the Indians in the States and Territories should be concen. trated in their country; whether they are advised of the intentions and objects of the Government, and are also willing to come into its measures; whether there is good reason to believe the Indians now in the States and Territories will, upon removal, be able to provide for themselves the means of subsistence, without the aid of the Government; the probable annual expense of the necessary supplies of food, and the number of years such aid would be required; the probable annual expense of educating their children, and of the assistance and instruction necessary to be given them in agriculture and the arts; with an estimate of the probable annual expense of the Government proposed to be instituted over them, and of the military force necessary for the preservation of peace and the execution of the laws."

Mr. SPRAGUE said he did not mean to impute any fault whatsoever to the House. All he had said was, that he wished such measures should be taken as to enable the House to act understandingly; and to express his regret that this had not been done before.

Mr. FORSYTH said, that the President of the United States had had the discretion, and also the means, to pay this money. He had not paid it, because of the constitutional difficulty, and he had submitted it to Congress, whether certain considerations, stated in his Message, did not authorize the payment of the money. Mr. F. did not now mean to examine the question, whether the money ought, or ought not, to be paid. But he wished the matter to be placed in its true light; the subject having been presented here by the President, who had the money and the means to pay the claim, but did not do it. If it were true, that claims of other States, involving the same principles as any portion of this claim, had been paid, the blame was imputable to the Executive, and not to this House.

The question was then taken on agreeing to Mr. BARTLETT'S motion, and decided in the affirmative, by a large majority.

The House then adjourned until Monday.

MONDAY, DECEMBER 18, 1825.
EMIGRATION OF INDIANS.

A resolution laid on the table by Mr. McLEAN, of
Ohio, on the 15th instant, was taken up, and read, as fol-

lows:

"Resolved, That the Secretary of War be directed to communicate to this House any information in his Department, not heretofore communicated, in relation to the disposition of the several Indian tribes, within the United States, to emigrate West of the Mississippi; and whether there are any obstacles to their removal, known to the Department; and, if so, his opinion as to the method best calculated to overcome them; and whether the teachers of schools, now in operation among them, are favorable to the policy of their removal; and whether, in the event of an appropriation being made to defray the expense of such removal and settlement, there are any reasons to authorize the belief that they will co-operate in the mea

sure."

Mr. VINTON moved to amend the resolution, by adding thereto the following:

"Also, any information shewing the progress any of said tribes have made in civilization, and particularly in the art of agriculture; what tribes have manifested a disposition to emigrate, and what, if any, are unwilling to do so, and their objections against the measure; whether they are acquainted with the nature and situation of the country to which they are to be removed; and to what particular district or districts of country West of the Missis sippi, they ought, in his opinion to be removed; whether

For

Mr. McLEAN rose to remark on the amendment. himself, he was as desirous of obtaining every kind of information, having the remotest bearing on this subject, as any gentleman in the House; nor was it his wish to impede the inquiry asked by the gentleman from Ohio: at the same time, he would greatly prefer having the propo sitions of the gentleman, now proposed as an amendment, made the subject of an original and independent resolution. The gentleman could not but be aware, and so must the House be, generally, that much, nay, the far greater part, of the information desired, is not in posses. sion of the Department, and, of course, cannot be communicated. As to many of the points, every gentleman in the House was, probably, as well informed as the Department; they certainly possessed the same opportunity to become so. The resolution, as originally presented, contained sufficient inquiry to put Congress in possession of all that was necessary to enable them to judge whether any, and what, legislation was requisite. The gentleman from Ohio calls for a general history of the country, and of the Indian tribes; the military force required to guard it, and the total expense of gathering, preserving, and maintaining, the tribes, when removed. There was, surely, no need of appending an inquiry of this extent to the simple proposition he had offered to the House. He, therefore, hoped the gentleman would consent to withdraw the amendment, and let the original resolution be passed by the House.

Mr. OWEN, of Alabama, thought that the propositions included in the amendment were so numerous and so diversified, that the House could scarcely be in a state of preparation to vote upon them at this time. The subject would, ere long, come officially before the House, when they would be called to act on it with deliberation. The amendment was calculated to draw on a discussion, in which the merits of the general question would unavoida bly be mixed up. He wished to avoid that discussion; and he, therefore, moved to lay the amendment, for the present, upon the table.

The CHAIR decided that this course would not be in order; if the amendment was laid on the table, the origi nal resolution must be also.

On motion of Mr. WRIGHT, of Ohio, the resolution of Mr. McLEAN, with Mr. VINTON'S amendment thereto, were both laid on the table.