me it seems both right and just that, in such an exigency, that government should interfere for the relief and restoration of the states. The Union has no interests separate from those of the states, and their prosperity is the object of the federal as well as of the state institutions.

The debts of the states have generally been incurred in improving roads, rivers, canals, education, and other great foundations of national prosperity and union; and nothing but an absolute constitutional injunction ought to prevent the nation from sustaining the states in their reverses consequent upon their having pursued so laudable and patriotic a policy. Can it be done consistently with the provisions of the constitution? The general government is charged with the responsibilities of maintaining a postoffice, and of providing for the national defence, not to speak of its responsibilities in regard to the regulation of internal trade and commerce. The states have constructed thoroughfares which are indispensable to the federal government in discharging the responsibilities specified. No one denies that the states have a right to require and receive a reasonable compensation for the use of their thoroughfares by the government of the United States.

It has been suggested that the government might come to the relief of the states by purchasing the perpetual enjoyment of the right to use such public thoroughfares of the state for peaceful and warlike purposes within the scope of the constitution. Such a measure, if promptly adopted and carried out in a just and liberal spirit, could not but produce the happiest effects, in reviving the hopes and encouraging the efforts of the states to extricate themselves from the dangers by which they are menaced. The details of the measure would require careful preparation; but I am sufficiently convinced of its general merits, and indeed of its pressing necessity, to recommend it to the early consideration of the federal government. It seems properly to fall, in the first instance, under the consideration of the war department, and that of the postoffice. I have, therefore, taken the liberty to bring it to your notice, and to ask that you will consider the subject with the care that you are accustomed to bestow upon suggestions for the public good.

I have the honor to be, very respectfully, your obedient servant. THE HONORABLE JOHN C. SPENCER, Secretary of War.

VOL. II.-39

TREATMENT OF THE INDIANS.

STATE OF NEWTON, EXPOUTI, I DEPARTMENT,

Albany, October 3, 1842.

GENTLEMEN: Your memorial as a joint committee of the four yearly meetings of friends of Genesee, New York, Philadelphia, and Baltimore, on the subject of the grievances of the Seneca and Tuscarora nations of Indians, was duly received.

Your communication informs me, that it is believed the deeds of conveyance annexed to the late treaty, and executed by the Seneca and Tuscarora Indians to the Ogden Land Company, can be legally proved to be fraudulent; that the proper investigation of the subject will require time; and that, as the treaty allows the Indians five years in which to remove, you deem it only just that they should be allowed quietly to enjoy their possessions until the expiration of the time allowed for their removal; that, contrary to this expectation, the Indians are harassed by injunctions, and disturbed by surveyors running lines over their lands; and that Israel Jermaine, one of their chiefs, has been hindered from completing some improvements he was making on his home; and that these proceedings naturally keep the Indians in a state of excitement, and may lead to violence. I have considered the subject with that sympathy for the parties affected, which their unhappy and agitated condition is so well calculated to excite, and with that respect for the source from which it proceeds that is due to enlightened and persevering philanthropy.

I regret that the information communicated is not more particular in its details. The process of injunction can only issue from courts of equity; and it will be seen at once, that the executive authority, subordinate itself to the courts, can not in any case interpose to prevent the execution of such process. It can only be by such process that the Indian chief referred to is prevented from making improvement. I have looked carefully into

the statutes, but have not been able to find any express provisions for preventing trespasses upon Indian lands, except in cases of trespass by cutting wood and timber. Undoubtedly, however, the general principles of the common and statute laws are applicable to the protection of Indian inhabitants against vexatious disturbances. If the conduct of the surveyors under the treaty is of that character, there is a remedy by indictment, and the proper mode of proceeding is to present the subject to the district attorney.

Without more precise information on the subject, I can not undertake to say that the surveyors have committed an offence requiring the interference of the public prosecutor. Such information will be cheerfully received and considered without delay, if it is believed necessary to have the aid of this department. But I should be wanting in frankness, were I not to say that I suppose the present difficulties arise from the recent treaty, and were unforeseen at the time of the enactment of existing laws. If protection is needed by the Indians, especially against legal proceedings, that protection can not be effectually afforded without legislation adapted to the case. If I am right in this view of the subject, I can only suggest to you the expediency of bringing it before the legislature at the next session.

Your communication also refers me to the statute which declares that all sales of Indian lands within the state without the authority and consent of the legislature are void, and supposes that the provision applies to the land conveyed by the Tuscaroras, under the beforementioned treaty. I have examined the treaty between this state and Massachusetts, and find that the land of the Tuscaroras was not excepted from it. It seems, therefore, that it is placed upon the same footing with the lands of the Senecas. In this opinion the secretary of state, who has long been familiar with the subject, concurs. We are of opinion, moreover, that the power of Congress on that subject is paramount to that of the state; and therefore, in any event, a sale actually and fairly made by the Tuscaroras in their sovereign capacity, by virtue of a treaty with the United States, would be valid.

Fully aware of the importance of the subjects you have brought before me, and unwilling to pass hastily upon them, and thus contribute in any way to embarrass the society of Friends in their very praiseworthy efforts to secure the Indians against fraud and

oppression, I have felt it to be my duty to submit your memorial, together with my reply to the attorney-general, and solicit his opinion upon the legal questions discussed.

I remain, gentlemen, your friend and obedient servant.

TO THE YEARLY MEETING OF FRIENDS.

FUGITIVES FROM JUSTICE.

STATE OF NEW YORK, EXECUTIVE DEPARTMENT,

Albany, June 16,

SIR: Your excellency's communication of the 13th instant, informing me that you had, by advice of the council of Rhode Island, offered a reward of one thousand dollars for the apprehension of Thomas Wilson Dorr, Esq., as a fugitive from justice, charged with treason, and that from late intelligence you had reason to believe that he was in the city of New York, and therefore requesting me to place the warrant, issued upon the requisition heretofore made by your excellency, in the hands of a proper officer to effect the arrest of the fugitive, has been received this morning.

I have now the honor to inform your excellency that Amos Adams, Esq., sheriff of the county of Albany, has this day been charged with a warrant, in compliance with your requisition, and he will proceed immediately to execute the same. I have again to suggest for your consideration the expediency of immediately designating the agent to receive the fugitive, because I believe that such a proceeding would be more harmonious with the spirit of the constitution than the detention of a person accused of such a crime, and under such circumstances, in a jail of this state. Nevertheless, the form of proceeding adopted by your excellency being in strict conformity with the law of the United States, I have not hesitated to perform the duty devolving upon me.

I am, with very high respect, your excellency's most obedient

servant.

HIS EXCELLENCY SAMUEL WARD KING,

Governor of Rhode Island and Providence Plantations

BRITISH CLEMENCY INVOKED.

STATE OF NEW YORK, EXECUTIVE DEPARTMENT, |

Albany, July 15, 1842.

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SIR: You will recollect that in the season of disturbances on the frontier of this state in 1837, a number of Americans who made inroads into the Canadian territory were captured there, some of whom were afterward executed, and others were transported to New Holland.

The excitement in the Canadian provinces has subsided, the hostile manifestations and feelings on this side of the frontier have passed away, and there is now no ground whatever to apprehend their return.

It has occurred to me that her majesty's government might think it not unworthy the dignity, nor inconsistent with the security, of their country to extend clemency and pardon to the persons remaining in New Holland, if their attention should be called to the subject. For Linus Wilson Miller, of Chautauque county, who is one of them, of whom I have some personal knowledge, and for his aged parents, I can not but feel sincere sympathy. They have appealed to me, to put forth some effort for the deliverance of their son.

I beg leave to submit the subject for the consideration of the executive, and to request that if it shall be consistent with the dignity, and compatible with the relations of the country, an expression in behalf of the prisoner may be made to the government of Great Britain. The showing of such clemency as I have suggested, would, I am sure, have a tendency to increase the feelings of kindness and friendship, which it is so desirable should exist between the people of this state and her majesty's subjects beyond our borders.

I have the honor to be, most respectfully, your humble servant.

THE HONORABLE DANIEL WEBSTER,

Secretary of State.