Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1835-10-20

It has also been objected to me, tina! during the same
winter introduced and urged the senate 10 ADOPT eso
jr,;on rcourstnp the President TO negotiate with the
State of Georgia for portion Of her territory for the
Cher0kecs. ,
unanimous consent of the Committee Indian Affairs,
eff which Chairman, and the Senate did not adopt
it. was induced to my support 70 that resolution
for the following Georgia had extended her
laws over the Indians She had parcelled out among
her citizens the Indian Territory reseroug to the Indians
the tracts Of land upon ai they actually resided Ross
and the other chiefs pctoncd Congress to make good
the guarantee contained i'll the treaties Georgia was
pressing TO have the Indian title exnguishcd accosd
to the compact, and Of the Senators had introduced
bill, the first section Of which provided that the Chd
States should purchase out from The ind'a"S those SGT
Elements which had been rcScrrcd by The Georgia ia"s'
fthcy willing TO sell; and The second section pro,
yided if the Indians would SELL that then the United
States should purchase from tho indiriHat c-ens
their fee simple in those reservations and vest lie same
in the Indian occupants
the same time and in addition this, Ross and his party
communicated TO the committee wis II nosii'hE more
could be done tina, the Federal Government should en-
deavor to procure from Georgia small poTuoh Of nef
territory upon which the indians might reside jeo
years, unit, they could be better quatsca ior INC ecu
Government of the State Of Georgia; and alleged that
influential men i'll Georgia had assured them, mat
the State would DC willing 10 MAKE such an aranseeh'
and if she would when applied to by the Federal 20
vernnsent that then the Indians would sell OUT 'ie
| whole country and remove
In this stale of things, and under these circumstances
gave nv sanction TO the resolutions, without much eX-
pectacn that Georgia would yield to the wishes OF the
Indians; but with a settled conviction that II Georgia
rfustd that then tie Indians cou'a haze no PTtc j"T
longer dclasag reatg; and yet Se!icVe inc Hehde
had adoptcd The resolution and Georgia had refused,
that before this time should have had treaty win
| the Cherokess In this may be mistaken; therefore
find fault with that portion OF The Senate who thought
| differently. -
During the last session of Congress, there were two
par,ics Of Cherokees in Westinghouse headed by
John Ross and supposed u represent inc "hoe ol e
Chcrokees the other by Ridge, a"d sad 10 represent;
s,oIl ror,inn ony Memorials from both these parlies
had brrn presented the Senate. the first praying Con-
gess TO make good their treaty stpulaois, ana the iaS
Craving provision 10 be made for their removal west OF
The Mississippi. These memoruls were relcrlec 10 ie
| committee oil which was Chairman. Near the close OF
the session, informed by the Secretary OF War,
that the Executive had been negotiating with Ross and
his party for the extingusncnt CT their title to the
whole country now occupied by them and that they had
disagreed dis the price to bc gven and that osS had
proposed accept any which the Senate would say
was reasonable ard therefore 1t was wished tho Senate
should rive its advice 10 the price
The difficulty presented itself, what mode could
be adopted to bring the before the Senate So rs
to enable that body to express It's opinion took the
liberty Of suggesting that the freSarht ognt 10 senu
confidential message asking the advice OF the Senate and
then without doubt it would be given as tins had been the
course by President Washington and the Senate,
prior to the treaty Of 19l with this same nation OF In
dans. The Secretary afterwards informed me, that he
had conferred with the President who declined sending
any message asking advice from the Senate and thus 1t
appeared the negotiation must fall through, as at that
time other regular mode of bring the subject be-
fore that body occurred TO me- suggested by any
other person Much solcitudc was felt by several mem
bcrs with whom convcrscd: as we'll as BY myself that
the opportunity of settling anicabv, controversy which
had accustomed much trouble and often serious aPpreen
sions, should not be lost and in rejecting upon the sub
ect a mode of bringing the matter before the Senate
presented itself 10 my mind, which was satisfactory.
stated to the committee, they concurred in 1t, we
brought the case before the Senate, and ended in the
adoption of resolution which you have published
Any statement suggestion which has been made
that, either publicly or private have said or done any
thing since being member Of the Senate, with view
in any respect delay defeat treaty with the Che
rokccs is entirely erroneous: my best cxefons have
at u times, been used to effect that object aud when
the resolution just alluded to was adopted, elt that my
task finished, and that treaty would be the m'ne-
date consequence II 1t TAILS The iau ought not 10 be
placed to M account.
You invite my attention to resolution submitted BY
Col Benton the object of which to expungc from the
Journals Of the Senate, resolution adopted the 2oh
March, 1884.
When the resolution complained of was passed. it did
not my appreciation, and vote stand" recoraea
against it, The question presented at the last session was
Shall the Senate order II to be eNpunged from Tic jour
nails
then thought and still think, such order canno,
| with propriety be made.
Tlc,word :cxpungc, means TO ''erase rub out, can
cor otherwise destroy, that part Of the JO"T"I, 50
! lhGt Hcanno be reud
| If order Is made 10 "eNpunTc Tue TcSrutlOn IL
must be botted out IN fact, the order must and VIII be
expected, and the precedents.
This think, the Senate has no power TO do
The Constitution provides that each House shall keep
Jovz1ci of its proceedings The obnoxious resolution
was proceeding Of the Senate further Provides that
upon the application of one-fflh Of the members the
vote upon any question shall be taken by yeas aud nays
Each member is sworn TO support the Constitution.
1t was intended the public should know from the re-
cords what had been done, and by whom.
If thissecords expunged, why may not the whole
record be cxpungcd, as different parties prcd'minatc
Each may cxpunge tue doings CT their opponents. If
this resolution is eXpunged how will it bc known by
whose votes it adopted: What will prevent tho
c7puaging resolution from being itself expunged
time hereafter All this the Constitution intended pre-
vent
But why should it be cxpnnged' The answer must be,
the stigma unjustly fixed upon the President
by adopting it. Now, tins wish to accomplish, and in
a manner uncXcrptlunabe. Instead oil ordering the re-
solution to be cxpunged order it to he "rcscinded
versed repealed and declared to be null and void This
plan will ercualy remove the stigma from the Pnsi-
dent without running the risk OF fixing one upon the
Senate itself. We ought to do Justice to the Chief Ma
gistate but, at the time, should do justice 10
the public and to ourselves
Ii those who wish the word ''expungc, do no!
intend the record shall be destroyed but oil to
the stigma why the wordo Why not use language
show what they mean There can BE- rood reason.
20 far rs consistently could but to
order the record to be rXpungcd, was: as tlough
plain violation of important provision in tho Cousti
tuton therefore could not agree toAive it my vote.
cndcavored to have the resolution amended, to
conorm my views of correctness and after tho word
.'czpungc, struck OUT by vote almost unanimous,
.hs ect laid the table, contrary to my wish,
sud against my cute.
You say and say truly that my vote upon the three
uillon appropriation, has been complained of by
This three Iullions amendment made in the
Huuse the last ugh of the session. without any message
from the President, any estimate Of any Department
it was madu to bill which had been passed by the
House, and sent to the Senate in the ordinary course,
without any such provision. The Senate had amended,
by increasing appropriations for totications and