has been, to present and discuss some of the defects of the existing laws; and to propose the new regulations which are requisite to supply those defects. These regulations are conceived not only to be amendments important in themselves, as sound principles of a permanent system, but also to be urgently required by the actual state of the coins now in use. The general effects of these regulations will be, to promote the coinage of the precious metals; to increase the quantity of our own coins, and especially of some of our coins, which now scarcely enter into our circulation; to diffuse our different coins throughout the United States; and to retain them in the circulation and the use of the community. The propositions now submitted, are these: 1. That our copper coins shall be a legal tender for payment of any sum not exceeding ten cents, and for no greater sum. 2. That our silver coins less than a dollar, shall not be a legal tender, for payment of any sum exceeding ten dollars. 3. That when our coins of gold or silver are diminished in weight, more than a twenty-fifth part of their full weight, they shall not be legal money. 4. That no foreign coin whatever shall be a legal ten der. 5. That the first and third of these regulations shall be in force immediately; that the fourth shall take effect on the fourth day of July, 1831; and that the second shall take effect on the fourth day of July, 1833. A bill containing these provisions, is also submitted. IN SENATE OF THE UNITED STATES, Mr. WHITE made the following report: Every thing which relates to those Indian tribes or na tions, with which we have political relations, created or regulated by treaties, is becoming, every year, more and more interesting; especially those relating to such as reside within any of the States of the Union, or of the territories belonging to it. The matters communicated by the President, in his Message, relative to the Cherokees, are of the most delicate and interesting character, whether considered in relation to the United States, to the States of Georgia and Alabama, or to the Cherokee Nation. The committee have employed themselves assiduously in their investigation, with an anxious wish to avail themselves of all the information within their reach, and desirous to recommend something to the Senate, which, if productive of no positive good, will at least have the merit of not farther embarrassing questions, already sufficiently complicated. [SENATE. the State of Alabama, and the greater part of the State The laws of Georgia will commence their operation in the month of June next. It is easy to foresee the painful consequences which will probably follow, from laws operating over the same territory, at one and the same time, and flowing from jurisdictions or sovereigns, independent of each other. The evil will not stop here; already we are advised Mississippi has passed a law, incorporating her Indian population with her citizens; that Alabama has extended her laws over the Creek Indians within her limits; and before long, we may anticipate that the like policy will be pursued by several other States. From the information before the committee, no hope need be entertained that either of those States will change their policy, and repeal those laws; a period has arrived, when the United States have a duty to perform, which must be discharged, in good faith, to the States concerned, to the Indians, and with a sacred regard to their own high character. With this nation, the United States have formed a num- In the view which the committee have of this subject, ber of treaties, commencing as early as the year 1785, they believe it would be unnecessary, if not improper, and ending in the year 1819. At the formation of the for them to offer any opinion upon the points in dispute first, the Indians occupied portions of territory within the between the contending parties, because there can be chartered limits of the States of North Carolina, South no reason to suppose any additional enactments by ConCarolina, and of Georgia. Since that period, North Car-gress are necessary to put in the power of the Executive olina ceded a part of her territory, on which a portion of these Indians resided, to the United States; and that territory, according to the terms of the deed of cession, has been since formed into the State of Tennessee. South Caro lina and Georgia amicably settled the boundary between them; and by an agreement between the United States and Georgia, dated in the year 1802, the United States acquired the title to a portion of territory, out of which, to make good the guaranties contained in the treaties, if, in his judgment, they ought to have the construction for which the Cherokees insist, and his duty, according to the constitution, would authorize him to oppose the op eration of the State laws. In 1802, Congress passed an act to regulate trade and intercourse with the Indians, the provisions of which, connected with the treaties, are sufficiently broad to au SENATE.] On Removal of Indians. [21st. CoNG. 1st SESS. thorize the Executive to give effect to every stipulation, the purpose, and threats, when persuasion is likely to which it is the duty of the United States to perform. The failure to comply with the wishes of the Cherokees, as it appears to the Committee, proceeded not from a defect in the law, but because, in the opinion of the Executive, constitutional objections exist, which it is not in the power of Congress to remove, by any law which they could enact. fail. The committee are well satisfied, that every humane and benevolent individual, who is anxious for the welfare of the great body of the Cherokees, and is cor rectly informed of their true condition, must feel desirous for their removal, provided it can be effected with their consent. O her strong inducements for this desire, must be found in the condition to which they are now brought, by the collision between them and the laws of the States in which they reside. Although the committe, for the reasons before given, consider it unnecessary, if not improper, in them, to of fer any opinion upon the validity of the conflicting claims of the parties; yet, it may not be without its use to call the attention of the Senate to some of the leading facts, and main points, upon which the controversy has depend. ed, and must hereafter depend. The title of the Cherokees must rest upon their origi nal right of occupancy, and upon the treaties formed with the United States. As to the first, "their title by occupancy," the answer would be, when the country was discovered, they were savages; and that this discovery, of itself, gave a right to form settlements, and to exclude all other civilized nations. That it conferred upon the nation of the discoverer and settler, the right to acquire the usufructuary interest which the natives had. It would be added, that, at a very early period, the Cherokees formed a treaty with Great Britain, by which they gave up their independence and put themselves under the protection of His Britannic Majesty. That they took a part with the British Crown in the war of the Revolution. That the American aris were employed against them, and they conquered, when Independence was acknowledged, and the treaty of peace made with Great Britain. That this conquest conferred upon the respective States, within whose limits they were, all the rights, and gave them all the powers which the Crown had, prior to the Revolution. That this right still continued in the States, and never was yielded to the United States. That, in securing these rights, they seve rally exercised these powers, from the year 1777 up to the year 1785, in such manner, as, in their sovereign will, they believed to be wise and jus', without any control from the United States. The difficulties which have actually occurred were foreseen some years since, and successive Administrations seem to have been anxiously endeavoring to avoid them; and the only remedy suggested by any, appears to have been, to provide a country West of the Mississippi, beyond the limits of any State or organized Territory; to have it laid off and divided into as many districts as would accommodate all the Indians residing within any of the States or Territories; to have those districts so described, by natural or artificial marks, that each could be known from every other; and then, by fair and peaceable means, to induce the Indians to exchange the lands where they live, for some of those thus described, and to emigrate. A suitable country, as is believed, has been procured, but, owing to some cause or other, the districts have not, as yet, been laid off, and properly described. Exchanges, however, to a considerable extent, have been made, and consequent exigrations from various tribes have taken place. A portion of the Cherokees, equal, as is believed, to from one third to one half of the whole, has actually removed to, and settled in, a country well situated to their wants and wishes, West of the Mississippi. There is good reason to believe many more would have removed before this time, except for various causes, which, as yet, the United States, have not been able to overcome. The principal one is, the idea of a separate and independent State of their own, where they now live. This is the work, principally, of comparatively a few, who are either white men connected with the nation by marriage, or of those of mixed blood, born in the nation, who are well educated and intelligent, who have acquired considerable property, and, through the annuities paid by the United States, and by other means, are yearly adding to it. This class of people, it is believed, do not altogether equal one hundred in number. A very small portion of full blooded Indians can be named, who are in the like circum. stances, or who have much agency in their public affairs. Those who are in public employ, have an influence almost unbounded over the nation. They fill all the offices created by their laws, and have the entire management of the funds derived from every source. The rest of the nation may be divided into two classes. The one owning some small property, and having settlements of their own, upon which they make a sufficiency to support themselves and their families, and but little surplus. Those of the other, comprehending, as is believed, the mass of the population, are as poor and degraded as can well be imagined. They may be said to live without By that treaty, a boundary is establifhed, which allots hope of better circumstances; they have almost no pro to the Indians a great extent of country within the acperty, and seem destitute of the means or prospect of acknowledged limits of both North Carolina and Georgia, quiring any. There is very little game in their country. They are without industry, without information, unlet tered, and subsisting chiefly upon what they can beg, and upon the birds and fish they can procure. A stran ger who travels along a leading road through the nation, or makes but a short stay in it, will form a very errone ous opinion of the true condition of the great mass of the population. He has intercourse only with those of the first or second class, before mentioned, and forms his opinions of all, from the condition of those with whom he associates. It may then be asked, why do these people refuse to emigrate? The answer is, those who have influence over them, use every means in their power to prevent them. They misrepresent the country offered, West of the Mississippi. They use persuasion, while it answers That, although, in the Articles of Confederation, there is a power given to the United States to make treaties with Indians residing out of their limits, yet there is, in the ninth article, an express saving to each State, of all its legislative rights, within its chartered limits. As to the second point, the political condition of the Indians, as established by treaties between them and the United States. The first and only treaty with the Chero kees, during the Articles of Confederation, was concluded in November, 1785. and over which those States had actually legislated; had previously authorized by law the sales of land therein; a considerable quantity had in fact been sold to individuals, and the consideration money paid to the State. Against this treaty both Georgia and North Carolina entered their solemn protests, it being, as they alleged, in violation of their legislative rights. Not very long after this treaty, the Cherokees waged a war against the citizens of those States, which continued until some short time prior to the treaty of Holston, concluded in the year 1791. This was the first treaty made with those Indians under the authority of the present Constitution of the United States, and by it a new boundary is agreed upon by which the limits before allotted to the Indians are reduced to a smaller compass. By the seventh article, "the United States solemnly guaranty to the Cherokee nation, all their lands hereby ceded." On the 7th day of February, 1797, an additional article to this last mentioned treaty, is agreed upon, by which an addition of five hundred dollars is made to the annuity stipulated in the former treaty. In June, 1794, another treaty is made between the parties, by which the provisions of the treaty of 1791, are revived, an addition made to their annuity, and provision for running and marking the boundary line. In October, 1798, an additional treaty is concluded, by which former treaties are revived, the boundary of Indian lands curtailed by another cession to the United States, for an additional compensation. In October, 1804, another treaty is concluded, by which more land is ceded by the Indians, for a consideration agreed upon and specified in the treaty. In October, 1805, two treaties are made, by which the Indians cede an additional quantity of land. On the seventh day of January, 1806, another treaty is concluded, in which more land is ceded to the United States; and in September, 1807, an explanation is agreed upon of the boundary line intended in the treaty last mentioned. On the 22d day of March, 1816, another treaty is con. cluded, by which the Indians relinquish their title to lands in South Carolina, for which the United States, en. gage South Carolina will make payment; and on the same day, another treaty is made, in which the Indians relinquish to the United States their claim to more lands, and agree to allow the use of the water courses in their remaining country, and also to permit roads to be made through the same. On the 14th of September, 1816, another treaty is made, by which an additional quantity of lands is ceded to the United States. On the 8th day of July, 1817, another treaty is concluded, by which an exchange of lands is agreed on, and a plan for dividing the Cherokees settled. One part to remain East of the Mississippi; another to emigrate West of the Mississippi, to a country designated in the treaty ; and those who might happen to fall within the territory ceded, to have an election to become citizens of the United States, and each head of an Indian family to have a reservation of six hundred and forty acres of land, to include his improvements. And on the 27th February, 1819, another treaty is concluded, intended to be in execution of the stipulations contained in that of 1817, in several particulars, and in which an additional tract of country is ceded to the United States. These, as the committee believe, are all the treaties between the United States and the Cherokee nation on the East side of the Mississippi, and within the limits of any of the United States. In several of them there are stipulations for roads, the navigation of rivers, and the establishment of ferries with in the bounds reserved by the Cherokees to themselves, and guarantied to them by the United States. In virtue of these treaties, the Cherokees contend they have a valid and complete title to the lands of which they are in possession; and that they have a right to establish such government, as, in their own opinion, is best suited to their condition; and that such government is independent of any of the States within the limits of which any portions of their territory may happen to be; and that the United States stand solemnly pledged to protect them in the peaceable enjoyment of it, against all the world. On the other side, the States may admit, that, if the political condition of the Cherokees was to be considered, [SENATE. as it related to the rights and powers of the United States only, then it is true, they are, and ought to be, a commu | nity sovereign, in all respects, those only excepted in which they had by the treaties expressly surrendered their independence; and still contend that Georgia was a sovereign and independent State, from the 4th day of July, 1776, a period anterior to the Union of the States, under either the Articles of Confederation, or of the present Constitution. That, as a sovereign State, she had a right to govern every human being within her limits, according to her own will, and to dispose of all the vacant lands, when, to whom, and for what consideration, she pleased. That she is still in the possession of all those rights and powers, excepting only such as she has ex pressly surrendered. That she never has surrendered to the United States, either by a treaty, or by any other means, the power to dispose of her vacant territory, or to authorize the establishment of a Government within her limits, without her consent. So far from it, that the 9th article of the Confederation forbids any violation of her legislative righs, and expressly provides that no State shall be deprived of territory for the benefit of the United States; and that the 3d section of the 4th article of the Constitution expressly says: No new State shall be formed within the limits of one or more of the old, without their consent. And the 10th amendment of the Constitution declares, that even private property shall not be taken for public use, without making just compensation." That, if private property cannot be taken without compensation, the conclusion is very strong, that it was not intended to give a power to take the property which belonged to a sovereign State, under any circumstances whatever. That she never did give her consent to this disposition of either her jurisdiction or of her territory; so far from it, she entered her solemn protest against the first treaty formed in the year 1785, as violative of her rights, and that no inference can be drawn to her disadvantage, from her si lence, or from any thing she may have said in relation to any subsequent treaty; because, in each of them, a change was made, by which a portion of her territory and jurisdiction was restored to her, and thus her condition rendered better than it was under the treaty of 1785, against which she had protested. She may further insist, that the second section of the second article of the Constitution, which gives to the President, with the advice and consent of two-thirds of the Senate, power to make treaties, has no application to Indians within the chartered limits of any of the States; nor the eighth section of the first article, which gives Congress power to regulate commerce with the Indian tribes. That if Indians can be treated with, it must be those only who reside out of the limits of the States, and those with whom commerce may be regulated, must be similarly situated; otherwise, that part of the second sec tion of the first article, which forbids the enumeration of Indians residing within the States, and "not taxed," will be without any appropriate meaning. That, although the United States may have contracted obligations with the Cherokee nation, yet they had previously contracted those equally as solemn with each of the States. That in the 4th section of the 4th article of the Constitution, the following pledge is given: "The United States shall solemnly guranty to every State in this Union a republican form of Government, and shall protect each of them against invasion, and, on application of the Legislature, or of the Executive, (when the Legislature cannot be convened) against domestic violence." She may ask, how can Georgia have a "republican form of government," co-extensive with her limits, un less a majority of her citizens are permitted to prescribe rules, to which all must conform? How will the United States have made good the "guarantee against domestic violence," if they permit a portion of the population within her limits to establish a Government, contrary to her will, with authority to prescribe rules inconsistent with those prescribed by herself? She may add, that it was in the confidence that this "solemn guarantee" would be sacredly kept, that she consented to give up any portion of her sovereignty, and become a member of the Union. In addition, she may urge, that, in 1802, upwards of twenty-seven years ago, she made a contract with the United States, by which they became bound to purchase any claim which the Cherokee nation, or any other might set up to lands within her limits, as soon as such purchase could be made upon reasonable terms. That, for this stipulation, she paid at the time a valuable consideration in lands which she conveyed. That, after waiting thus long, and seeing for several years past, the prospect of a compliance on the part of the United States decreasing, she had determined to exert her own sovereign powers over her whole territory, in such manner as she believes will be just to her whole population. That the object of this agreement was to obtain a benefit for herself within her reserved limits, and that if she should fail to receive the benefit she expected, she will take care not to suffer her condition to be made worse. That she is yet sovereign within her own limits, to every extent she was when she became a member of the Union, except so far as she expressly surrendered her sovereignty by the terms of the Constitution. That, although she is determined to use her power within her limits, yet she owes it to her own character so to exert it as most to promote the happiness of every rational being who may remain subject to her control, no matter what may be his color, or in what language he may make known his wants. [21st CoNG. 1st SESS. the intrusion of any other people; where, under the pro- IN SENATE OF THE UNITED STATES, Mr. SMITH, of Maryland, made the following report: The Committee on Finance, to which was referred a resolution of the 30th December, 1829, directing the committee to inquire into the expediency of establishing an uniform National Currency for the United States, and to report thereon to the Senate, report: That nothing short of the imperative order of the Senate could induce the Committee to enter on a subject so surrounded with difficulty They undertake it with diffidence and a distrust of their capacity to elucidate a subject that has engaged many nations, and the pens of the ablest writers, without, as yet, coming to any definite conclusion. It still remains to be determined, what is the soundest and most uniform currency. One nation assumes one system, another a different plan. In one na Alabama and Mississippi may say they were a part of the State of Georgia, up to the time of the compact and cession in 1802, and that they have been erected upon parts of the territory then ceded to the United States; and that, with the exception of the difference, produced by not owning the soil within their limits, they are entition, a plan is devised, and succeeds for a time by pru tled to the benefit of every argument which Georgia could urge in this controversy. Should these arguments, or any others in favor of the States, have the effect of proving that the United States have not the power to comply with the stipulations, contained in their treaties with the Cherokees, on account of prior and superior obligations which they had contracted, it could not, in the opinion of the Committee, take any thing from that character for integrity and good faith to which they are so justly entitled. None could suspect that the obligation was contracted with a design to mislead or to deceive; and while the United States are both able and willing to make a full and adequate compensation for all that may be lost for want of a specific performance of their agreement, their faith is preserved as invio late as it would be if all their stipulations were specifically complied with. Should the Indians continue determined to reside where they now are, and become sub. ject to the laws of the respective States in which they reside, no difficulty can occur, as your Committee see no reason to apprehend that either of the States have it in contemplation to force them to abandon the country in which they dwell; but, if they determine to remain, and continue to insist on a separate and independent government, and refuse obedience to the laws of the States, the consequences which must inevitably ensue, are such as the humane and benevolent cannot reflect upon without feelings of the deepest sorrow and distress. If, on the contrary, they should consent to exchange their present places of residence for a country West of the Mississippi, it is in the power of the United States to furnish one, suited, as the Committee believe, to their wants and condition; where they can be secured against VOL. VI.-G dent and restrictive emissions. Elated with success, larger and more extensive emissions are risqued; a rapid nominal rise of all property takes place; the people are not aware that such nominal rise is the effect of depreciation; the bubble bursts, and ruin to the unsuspecting is the consequence. All history shows such a result in several nations, and particularly in that of the United States. The Committee, engaged on a variety of subjects, cannot devote so much time on the resolution as the mover must believe would be necessary to develop fully the question before them, to wit: A sound and uni form National Currency. Presuming, from the tenor of the resolution, that the uniform national currency proposed, must be prepared by the National Goverment, circulated under its authority, and maintained by its cre dit, the Committee have complied with the instruction of the Senate, by endeavoring to devise some plan, through which the agency of the Government, in such a measure, could be safe, or useful; but, after giving to it all the consideration they could bestow, their reflections have resulted in a belief that any such measure must resolve itself, at last, into a mere system of paper money, issued by the Government. The resort to the issue of a paper money has been often the desperate expedient of the wants of a nation. It has then found its justification only in the necessity which created it; yet such are its inevi table evils, that every prudent Government has, the moment its pressing exigencies permitted, returned to the only safe basis of a circulating medium, the precious metals, and the private credits attached to the use of them. Such were the expedients of the Government of the United States, during its two wars; such its imme. diate abandonment of them at the return of peace. But, 21st CoNG. 1st SESS.] On the Currency. in the present condition of the Treasury of the United States, with a revenue far beyond its wants, with a debt almost nominal, and hastening to its entire extinguish ment, such a measure is not needed by the interests of Government, nor is there the slightest indication of its being demanded by the wants of the country. Of such an issue of paper money, the Executive at Washington would be the natural fountain-the agents of the Executive, the natural channels. The individuals, and corporations, and States, who borrowed it, must become debtors to the Government; and the inevitable consequence would be, the creation of a moneyed engine of direct dependence on the officers of Government, at variance with the whole scheme of our institutions. The limit to which this currency should be issued, the persons to whom it would be lent, the securities taken for its repayment, the places where it shuid be redeemed, involve great complication and great hazard, regarding it merely in a financial point of view, while, on more enlarged considerations of political expediency, the objec tions to it are, in the opinion of the Committee, insuperable and fatal. [SENATE. can learn, of a single dollar, and without the expense of a single dollar to the Government. That a currency, by which the Government has been thus enabled to collect and transfer such an amount of revenue to pay its army and navy, and all its expenses, and the national debt, is unsafe and unsound, cannot readily be believed; for there can be no surer test of its sufficiency, than the simple fact that every dollar, received in the form of a bank note, in the remotest parts of the interior, is, without charge, converted into a silver dollar, at every one of the vast number of places where the service of the Government requires its disbursement. The Secretary of the Treasury, in his report of the 6th of December, 1828, declares that, during the four years preceding, the receipts of the Government had amounted to sore than ninety-seven millions of dollars, and that "all payments on account of the public debt, whether for interest or principal; all on account of pensions; all for the civil list; for the army, for the navy; or for whatever par pose wanted, in any part of the Union, have been punc tually met." The same officer states, that "it is the preservation of a good currency that can alone impart stability to property, and prevent those fluctuations in its value, hurtful alike to individuals, and to national wealth. This advantage, the Bank has secured to the community, by confining within prudent limits its issues of paper, &c. &c. Believing such a scheme to be impracticable, the Committee were consoled with the reflection that it is unnecessary, as they are satisfied that the country is in the enjoyment of an uniform National currency, not only sound and uniform in itself, and perfectly adapted to all the purposes of the Government and the community, 2d. If this currency is thus sound and uniform for the but more sound and uniform than that possessed by any Government, it is not less so to the community. other country. The importance of this truth will justi The basis of all good currency should be the precious fy the Committee in stating some details to establish it. metals, gold and silver; and in a mixed currency of pa The currency of the United States, the only legal per circulating with gold or silver, and convertible into currency, is gold and silver; all debts to the Govern- it, the great object to be attained is, that the paper ment, and all debts to individuals, being received in that should always be exchangeable for gold or silver. Such medium, and in no other. As, however, the amount of a currency is perfect, uniting the convenience of a coin requisite for these purposes would be unmanageable portable material with the safety of a metallic medium. and inconvenient, the United States, like other commer. Now it cannot be doubted, that throughout this whole cial countries, have adopted the system of making credit country, the circulating bank notes are equal to specie, supply many of the cases of coin; and numerous bank and convertible into specie. There may be, and proba ing companies have been established, issuing notes, pro- bly are, exceptions; because among banks, as among mising to pay on demand gold and silver. The Governmen, there are some who make a show of unreal strength. ment of the United States has established one of a similar But it is a fact, so familiar to the experience of every character; and for the convenience of the community, citizen in the community, as to be undeniable, that, in all the public revenue is collected in gold and silver, the the Atlantic and commercial cities, and generally speaknotes of the Bank of the United States, and the notes of ing, throughout the whole country, the notes of the such solvent State Banks as the Bank of the United State Banks are equal to gold or silver. The committee States and its branches will receive as cash. do not mean to say that there may not be too many banks, or that insolvencies do not occasionally occur among them; but as every bank which desires to maintain its character, must be ready to make settlements with the Bank of the United States, as the agent of the Govern. ment, or be immediately discredited, and must therefore keep its notes equal to gold or silver, there can be little danger to the community, while the issues of the banks are restrained from running to excess, by the salutary control of the Bank of the United States, whose own circulation is extremely moderate, compared with the amount of its capital. Accordingly, the fact is, that the general credit of the banks is good, and that their paper is always convertible into gold or silver, and for all local purposes forms a local currency equivalent to gold and silver. There is, however, superadded to this currency, a general currency more known, more trusted, and more valuable than the local currency, which is employ. ed in exchanges between different parts of the country. These are the notes of the national back. These notes are receivable for the Government, by the 9,000 receivers, scattered throughout every part of the coun try. They are in fact, in the course of business, paid in gold or silver, though they are not legally, or necessarily so paid, by the branches of the bank in every section of the Union, In all commercial places they are received, in all transactions, without any reduction in value, and never,ua The currency, therefore, of the United States, in its relation to the Government of the United States, consists of gold and silver, and of notes equivalent to gold and silver. And the inquiry which naturally presents itself, is, whether this mixed mass of currency is sound and uniform for all the practical purposes of the Government and the trade of the Union. That it is so, will appear from the following facts: 1st. The Government receives its revenue from340 Custom Houses, 42 Land Offices, 8004 Post Offices, 132 Receivers of Internal Revenue, 33 Clerks of Courts. These, with other receiving officers, which need not be specified, compose an aggregate of more than nine thousand persons, dispersed through the whole of the Union, who collect the public revenue. From these persons, the Government has, for the ten years preceding the 1st of January, 1830, received 230,068,855 17 dollars. This sum has been collected in every section of this widely extended country. It has been disbursed at other points, many thousand miles distant from the places where it was collected; and yet it has been so collected and distributed, without the loss, as far as the Committee |