Intercourse with the Indian Tribes

University of Oklahoma College of Law University of Oklahoma College of Law Digital Commons American Indian and Alaskan Native Documents in the Congressional Serial Set: 1817-1899 2-25-1851 Intercourse with the Indian tribes Follow this and additional works at: https://digitalcommons.law.ou.edu/indianserialset Part of the Indian and Aboriginal Law Commons Recommended Citation H.R. Rep. No. 37, 31st Cong., 2nd Sess. (1851) This House Report is brought to you for free and open access by University of Oklahoma College of Law Digital Commons. It has been accepted for inclusion in American Indian and Alaskan Native Documents in the Congressional Serial Set: 1817-1899 by an authorized administrator of University of Oklahoma College of Law Digital Commons. For more information, please contact [email protected]. 31st CoNGREss, Rep. No. 37. Ho. OF REPS. 2d Session. INTERCOURSE WITH THE INDIAN TRIBES. [To accompany bill .S. No. 293.] FEBRUARY 25, 1851. Mr. CROWELL, from the Committee on Indian Affairs, maflC the following ( '1 - REPORT: · The Co'mmitlee o~ Indian Ajfair_s, t~ whom were referred•tlie ,me"!loriqts nf , Thomas Mang/tam and 9thers, citizens of Georgia and Alabama, and also of Florida and Texas,praying indemnity for Indian depreda 1ions, and bill No. 293 of the Senate, together with tlw remonstrance of the Creek and Cherok_ee delegations against its passage, 1~eport: That they have maturely considered the grave and imp<;>rtant questions presented in the memorials, and the arguments submitted in support of the claim to, indemnity, and will briefly state the conclusions which they have formed upon them. _ . The representations macte in the memorial of the ~itizens of Alabama and Georgia, a)}.d their reproaches against the general government for its misconduct towards the Indians, seem to invite a general review and~ wider range of observation than the occasion would justify.- It is no doubt true that the government has been fed or betrayed into repeated: acts of . very gross ii:.ijustice towards many of the-. Indian tribes, and especially those in Georgia and Alabama, and it may also be true that the wrongs_in flicted upon the Creeks and Cherokees. are rriore gross and palpab18'. '·• than any others have been obliged to ~uffer. But with what jus.t.Ice , citizens of these tHates, especiaUy those of the last named State, can reproach the general government with faithlessness and perfidy in its re• lations and intercoun,e with these tribes, wiU bee,orne more apparent upon a brief statement of facts. For a num~er of years these Indians, especially the Cherol\ees, had been engaged, under the instruction of moral and religious teachers, in . · cultivating the arts of civilized life, in wJ1ich they had made praisew9rthy • and rapid advances. Situated as they were, upon a fertile soil and under· mil<l and sunny skies, every day added new attachments to their homes.' an<l the graves of their forefathers. ,..rhey lingered around them and dung. to them with a fondness that nothing hut death could extinguish. · They· confided in the l0gislation of Congress and the plighted faith of the gov em.ment to secure to them the peaceful and q'niet enjoyment of their· homes. They were rapidly abandoning the wild pursuits of savage life;:. · and, instead of depending upon the chase for the uncertain meaus of sub- . sistence., they had engaged in the r.ult.ivation of the soil and the pursuits of agriculture. The missionaries of the cross, countenanced and encouraged, up to the.. 2 Rep. No. 37. 4th of March, 1829, by the humane and enlightened policy of the execu• tive government in their disinterested labors to promote the cause of reli gion and learning, had established schools and churches among them, and the patriotic and liberal had generously contributed to their support. Such was the condition of the Indian tr-ibes at the close of the year 1828, in the States of Georgia and Alabama. Their progress in the arts of civilized life was d_ue in a great'measure to the ordinance of 1787, a~d t1ie fidelity with which the governme~1t carried out its beneficent provis ions. That ordinance provided "that the utmost good faith should al• ways be observed towards the Indians; that their lands and propesty should never be taken from them without their consent; that in their property, rights, and liberty they never should be invaded or disturbed, unless in just and lawful wars authorized by Congress; but laws foun~ed in justice and humanity should, from time· to time, be made ~Jr pre~ent.1_ng wrongs being done to them, and for ·preservin~ peace and fnendsh1p with , -- them." ,t\..cts of Congress were passed, from time to time, .in fulfilment '· ·· ~fthP- pledges here given, and penalties impo-sed for their violation. · But these States, Georgia taking the lead in acts of disl..9yalty n.nd d1s0• bedience to the authority of the general government, ciisregarding the acts of Congress and the plighted faith of the nation, as we_ll as their own d~ty to obey the enactments of the national legislature, passed laws extend111$' their jurisdiction over the territories belonging to these tribes, and. in _d~ rect conflict with the acts of Congres~, and deprived them of then civil and political rights. Under these · circumstances it ,became the duty of . the President to see the laws for the prottction of the Indians faithfully • =: executed; or, disregarding his duty tamely to a~quiesce in practical uulli ' " fication and the insolent usurpations of tqeseStates. To the lasting rPproac~ '_:·of the government and the country, the latter course was adopted. Their laws and customs were abolished, and the Indians were not allowed to - · meet in council to make laws, on penalty of imprisonment ih the county jail; and residence in the Jndian country authorized by Congress was •.• pnnished by imprisonment in the penitentiary. ' These laws, that seemed intended to oppress and then to destroy their vie• tims, broke up their form of government, and struck down their power at a blow. 'l1he Indians were disfranchised, their usages and customs were · aboli bed, and the integrity of the tribes as a distinct community was an nihilated. In this state of things and under the pressure of these enac~ ment the chiefs of the Creek Indians were invited by the President to v1s1t the city of Washington; and, under the influences which he brought to bear • upon them, they were induced to sign the treaty of Jl\-larch, 18J2. 'l'his · famous treaty, the parent of o many wrongs, was the cousummation ~f , the ~erie of mea ures the object of which was to rob the Indian of the~r ... ·;. cultivated and fortile lauds, and then drive them by violence from their home . ome of the provi ions of tlii treaty were as follows: 1. The Creek trib of Indians cede to the United tates all their land lyint')- a t of the li i~sippi riv r. i. 'fhe nite~ tat eno-age to urvey the said land as soon as the sam ~ n con. e11:iently _be done; and when the ame is surveyed, to al l w n~nety ~m~c1pal chief:. f ~he tribe one section, and every other head of a re k family ue-balt, ction each· which tra ts were to be re erved fr m le for their u c, for the term of fi.v'e years, unless sooner disposed f by them. Rep. No. 37. 3 3. Those tracts may be conveyed by the persons selecting_the same ~o ~my other persons, for a fair consideration, i_n such manner as the ~res1- tlent may direct. The contr~ct sh?dl be certified by so~e ~rson appomted for that purpose by the President, bnt shall not be vahd till approved by the President. 4. At the end of five years all the Creeks .entitled to these selections, and desir0us of remainiiig, shall rec~ive patents therefor, in fee simple, i from the United States. 12. 'I'he United States 'aro desirous that the Creeks should remove to the couutry west of the Mississippi, and join their countrymen there; an~ for this purpose it is agreed that as fast -as. the Creeks_ are prepared to enn .grate they 8hall~be removed at the expense of the lJr~tted States, ~nd sha~l eceive suhsistenoe white upon the journey, and for one year after their ' a rrival at their new homes: Proi,,ided, however·, That this article shall not be construed ..so as to compel any Creek Indian to emigrate, but they shalt be free to go or stay, as they please. ./ 'rhe objects of the treaty, in view of the occurrences which preceded and ted to it, and its contradictory provis"ions and am biguou: phrases, u n tler which its real purposes are thinly veiled, are nevertheless plain enough to most minds, though Sllfficiently disguised to betray the con- fa]ing In<lians into sig.ning it. · . · Soon after the ratification of the treaty, the lands were surveyed in con formity to its provisions, certifying·agents were appointed, and, armed with · instructions from the President, proceeded to the discharge of their duties in the Indian territory. AH thi~1gs being now in readiness, a stupendous s ystem of fraud and swindling was commencBd and prosecuted under the forms of law, the foundation ·of which was carefully laid in the provisions of the treaty. The practice of "persorrntion" became frequent, and In dians were bribed to appear before the certifying agents· and declare that they were owners ofreserves belonging t0 others; and by means of forgery and perjury, the most shameless and infamous outrages were perpetrated pon the poor Indians.

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