Report from the Navy Department.

18th Congress, 2d Session.


if not entirely, avoided, when the necessary improvements are made in our yards. Commissions on disbursements of Public JMoney.It sometimes happens, in the changes which occur upon our distant stations, by deaths and otherwise, and the necessity to which our squadrons are subjected, that our naval officers, whose general duty and office are altogether unconnected with the moneyed concerns of the Department, are obliged to negotiate and disburse money for the use of the officers, men, and vessels, under their command, in doing which they are liable to risks and losses. In such cases, upon the settlement of their accounts, a small per centage has been allowed on the money so negotiated and disbursed. House rent, store rent, postage, fuel, clerk hire, stationery, &c to .Navy Jigents and Storekeepers.--It is doubted whether these items come strictly within the call made by the resolution ; but as the Agents and Storekeepers were officers attached to the Navy Department, and as these allowances are not the monthly pay and rations fixed by law, it was thought proper to add them. They are regulated by settled rules, and tend largely to swell the amount. Per diem "allowance on extra duty, such as surveying public property, proving cannon, surveying the coasts, harbors, &c.—This allowance is designed merely to meet the extra expense to which the officer is subjected; and the greater part of that which has arisen from the survey of the coast, *c. has been provided for by, and paid out of the appropriations made by several laws passed upon the subject, and has not been taken from the appropriations made for the support of the Navyi but as the sums received by the officers, were an oilowance over the monthly pay and rations, it was necessary to add them to the others. Purveying and Care of Medicines—To ensure the economical purchase, safe keeping, and proper disposition of medicines and medical stores, both for our ships and navy yards, it has been found necessary not to entrust the duty to each of the Surgeons and Mates at: tached to them, but from time to time to assign it to old and experienced Surgeons, in addition to their ordinary duties, and to make a reasonable allowance for it. It is not doubted, however, that it may be performed more usefully and economically under the provisions of the bill reported at the last session. There are other items, but it is not believed to be necessary to make any remark respecting them. They are all designed, not as additional pay to the officer, but to meet the extra expense and liability imposed on him, in obeying the orders which he receives, and without which he could not obey them, nor could the service be supported; are governed by fixed rules; and have most of them existed from the commencement of the Navy, and been confirmed and authorized by the annual appropriations. Some of them, it has been proposed by the Department, should be incorporated into permanent legal provisions, organizing the naval establishthent. This Department is not informed of any “emoluments received by the officers of the Navy and Marine Corps, from the Government, in consequence of their official stations,” unless the allowances heretofore mentioned may be considered in that light; nor is it per£eived that they can in any way derive “emolument from other sources,” unless by means of the premium or compensation allowed to them, by individuals for whom they carry silver, gold, or jewels. Any other use of their official character, for private emoluments, would be criminal, and, if known, subject them to punishment. It is not believed that an imputation of this offence can properly attach to them. By the 23d article of the “act for the better government of the Navy of the United States,” it is provided, that “if any commander, or other officer, shall receive, or permit to be

received on board his vessel, any goods or merchandise other than for the sole use of his vessel, except gold, silver, or jewels, and except the goods or merchandise of vessels that may be in distress, or shipwrecked, or in imminent danger of being shipwrecked, in order to preserve them for their owner, without orders from the President of the United States, or the Navy Department, he shall, on conviction thereof, be cashiered, and be incapacitated forever afterwards for any place or office in the Navy.” Under the authority of this provision, no emoluments could be derived from carrying any thing but the excepted articles; these have always been carried, when offered, and it could be done, consistently with the faithful discharge of the duties in which the officer was engaged. His risk and responsibility in the benefit he renders to the owner by carrying his property, is often great, and requires a corresponding compensation. This compensation is regulated in England, by Orders in Council, authorized by statute; no law has yet been passed upon the subject in this country, and the Executive has not believed, since the passage of the law referred to, that it possessed the power, either to forbid the carrying of specie altogether, or to fix the compensation for doing it; but merely to see that the officer, while exercising his legal privilege, did not abuse his official character, to purposes of fraud and oppression. It has consequently been left to the discretion of the officer and the owner of the property, to make their own agreements about the premium for the freight, and these not being official, have, heretofore, not been made known to this Department, and the sums received cannot, therefore, be stated. It has been thought proper, however, for reasons which will readily present them. selves, to require that such a statement should be made upon the subject as would enable the Department to be perfectly apprized of the conduct of those under its control, and the use they make “of their official stations,” in transactions of this kind. An order was, therefore, prepared, as a part of the instructions to Commodore Hull, when he took the command in the Pacific Ocean, a copy of which is hereto annexed, and marked C. The same order has been given to all officers who have been, since that time, in command of squadrons or separate vessels. If any evil have heretofore resulted from this provision of our law, it is hoped that a remedy will be found in this order, so far as it is within the power of this Department to apply the remedy. If it be deemed necessary to prescribe the premium, that power properly belongs to the Legislature. There has yet been received but one report on the subject, and that does not furnish the precise information which is due, in answer to a call from the Senate of the United States. . The paper A exhibits the expense of Courts Martial, in the Navy, in each year, in the last three years, with the amount paid to Judge Advocates, and others, for their attendance and services. The paper D designates the places at which such courts martial were ordered to be held : and the stations from which the officers composing the same, were detailed to attend. . The number of officers subject to trials by courts martial, is about 850; the average number of men in the Navy, is about 3,780. Neither the expense nor the number of courts can be considered large; but it is confidently believed that both may, in future, be lessened, should Congress think proper to make certain provisions on the subject, which will be hereafter alluded to. The allowances to officers attending courts martial, either as members or witnesses, are, travelling expenses, &c. $1 50 per day, while attending the Court, except to those upon the station where the Court is held, whose situation is such that they are most subjected to additional expense. In designating the number of members required by law, care is taken to select such as will create least expense,

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and whose character and condition, as to the accused, give the best security of justice to him and to the pub. lic. By the reports on the contingent expenses of the Navy, which have been referred to, it will be perceived that considerable sums have been paid, at different times, to Judge Advocates. This has arisen from the fact, that there is no person attached to the service whose legal acquirements, and acquaintance with legal proceedings, fit him for the discharge of all the duties of the office. The Department would illy perform its obligations, either to the public or the accused, by appointing one to perform them who was incompetent; and those who were qualified could not be expected to neglect their regular and profitable employments, for a temporary engagement, without full compensation. Paper E exhibits the same information respecting courts martial in the Marine Corps, as is exhibited by D, and respecting those in the Navy. Paper F and G, exhibits the number of desertions from the Marine Corps, and the number of rank and file, confined for imprisonment, as a punishment for desertion or misconduct, for each year, during the last three years. In answer to that portion of the resolution which requires the Secretary of the Navy to report “his opinion on such alterations or further provisions of law as he may consider it expedient to be made, in order to promote a more perfect discipline of the Navy and Marine Corps, to prevent the frequent recurrence of courts martial, and ensure to the public service, in the said establishments, the highest degree of economy and efficiency;” the following remarks are respectfully submitted. Discipline and the prevention of offences, economy, and efficiency, in every military or naval establishment. must depend on its fundamental organization, the regulations connected with it, and their enforc ment, and the intelligence and skill of the officers attached to it. There must be a regular and systematic organization, plain and simple rules, skilful and intelligent officers, or no labor, industry, or wisdom, in the head which directs it, can produce the desired results, to any very profitable extent. But, if these advantages exist, a failure to produce those results may well be the subject of censure. The Military Establishment of the United States is, at this moment, the best possible argument and illustration which can be made upon this point. The Naval Establishment of the United States may be said never to have had a legal organization. Temporary acts, authorizing specific matters, relating to the building of vessels, and the numbers of one or two of our grades of officers, are to be abundantly found; but there is not, in our whole code, a law, giving an organization, prescrib ing the number and grades of all our officers—number of our yards and stations—pay and emoluments of those who are attached to the service. It requires no labor of argument to shew that, in such a state of things, they who have had to direct, and those who have had to execute, have equally felt the want of fixed and uniform guides to their conduct. The first “alteration” or “provision of law,” then, which appears to be necessary to effect the proposed objects, is a law organizing the Navy Establishment. What that law ought to be, in the opinion of the Department, will be found in the report of the plan, made during the last session of Congress. To that report, therefore, reference is now made. It is necessary only to add, that daily experience, since that time, has confirmed the views then presented. . Should a law of that character be passed, it will be important, immediately, to prepare regulations depending upon, and adapted to it, for the discipline and management of every part of the service. To the formation of these regulations, the best intelligence within the command of the Department would necessarily be brought , and, being submitted to the wisdom of Con

- | gress, their adoption would free from uncertainty, and furnish fixed and safe rules, as guides to all. The Department is not aware of any alteration, by law, beyond those specified, which would be necessary for the economical administration of the moneyed concerns of the Department. Those concerns are divided into two parts; that which relates to the purchase and care of “naval stores and materials ; and the construction, armament, and equipment of vessels of war”—which is managed by a Board of Commissioners, under the superintendence of the Secretary. The other, which relates to the pay and compensation of all persons in any way connected with the service, which is exclusively under the direction and control of the head of the Department. The latter, it is believed, has been, heretofore, economically administered; and under the proposed organization and regulations, with the aid of the laws respecting the advance of public no. neys, and the settlement of public accounts, may be so conducted as to squander nothing, and to lose lite, The former has, heretofore, been managed by the Board in a way deserving the highest commendation. Its contracts and expenditures have, in general, been judi. cious, cautious, and economical. It was created in Fe. bruary, 1815. The law “concerning disbursements of public money,” and forbidding advances, was passed in January, 1823. It has, therefore, existed almost ten years, during eight of which, advances were not forbid. den ; it has made contracts for, and superintended, the expenditure of $15,500,000; and it is believed that nothing has yet been lost, and that not more than $15,000, if any, are in danger of being lost. It is but just to add, that the members, confining them. selyes to their prescribed duties, have been found valu: able auxiliaries; and that the improvement of our vessek, yards, and equipments, is proof that their skill and science are not inferior to their industry and economy, The next “alteration” which seems to be called for, is the revision of the law “for the better government of the Navy of the United States.” It was passed in May, 1800, and has remained without amendme t. It relates to offences and trials, punishments and r wars, subjects of great importance in every service. Oflerces which are the objects of punishment, ought to be plan: ly and precisely stated, that every one may understand what he is to avoid, and may certainly know when he is criminal; and that those who would bring accusations may be sure that they do it justly. There is great destron the law upon this point; a defect which has been the cause of n.uch inconvenience and relaxation of disco pline. It is so extremely vague and indefinite, that 's often not easy to frame a charge, justified by its words even against those who have acted most incorro. without a resort to some general expression, such “ “unofficer-like,” or “scandalous conduct,” and join K to it a specification embracing the particular circumstan. ces, which might as well be added to any other coars", or to no charge. It results that the accused and the Court are both in doubt how to proceed; and the go ty of what is done, is questionable, even where there.” no hesitation that the accused had been guilty, and men" rebuke. The effect may readily be imagined. Amo";

men varying in habits, education, principles, and teel. ings, there are always some that must be coerced by plain law, rigidly enforced. Some who regard the provisions of the law as the only restriction on the freed” of thought and action, which, as citizens, they are * customed to enjoy. Where it is not clear and xplo they perform acts dangerous and reprehensible, which they do not perceive prohibited by positive enactmento Others are induced, by the same cause, to prefer char. ges, for that which they suppose violates the spin'", the code. The former are tempted to irregular * improper conduct, the latter to arraign, without 3"

18th Congress, 2d Session.

Report from the Navy Department.


cause, those who are obnoxious to them. The tribunal, too,which is called to pass upon accusations,is left without a certain guide, to the exercise of an arbitrary discretion, and to the formation of decisions, governed rather by extraneous causes, such as the character and standing of the parties, than a just estimate of the charges and the evidence. Guilt ceases to be the only, yet certain, ground of punishment. The weight of the sentence, whether of condemnation or acquittal, is proportionably diminished. Thus, in every way, does this want of precision and certainty in the law, tend to the multiplication of Courts Martial, the destruction of discipline, and of the correspondent efficiency and economy. This law is equally unguarded as to the punishment, leaving every thing to the discretion of the Court, not only as to its extent, but also as to its nature: “At the discretion of a Court Martial,” and “death or such other punishment as a Court Martial shalladjudge,” are its common phraseology. And where the crime is not specified in the meagre list which is given, the punishment is to be “according to the laws and customs in such cases at sea.” It is, indeed, limited by no rule as to kind, and, in most cases, by no extent short of death. It should not remain in this condition. It should be military, and proportioned to the offence. We need not dwell upon the consequences to the accused, the public, and the Court, from this cause. The law ought to be altered. The punishment should be ascertained in a proper scale, from private reprimands, through all the grades of public reprimands, suspension from duty, suspenson without pay, suspension from rank and pay, dismis*on, and death. But it is not enough that crimes and punishments be properly defined and limited. To the improved law, must be added an improved administration of it. No change is necessary in the organization of our Courts. They are composed of the proper persons, and of the proper numbers, but they require aid in discharge of their duties, which they do not now possess. Álthough, on questions of sound and honorable feeling, they are safe, yet their education and habits are not those best adapted to all the judicial functions. Regularity, correct application of legal principles, even some *chnicality, is essential to correctness in their proceed* They, more than ordinary judges, require well *fined rules and systems of practice, and they have "he such to which they can appeal. A very small portion of the English system, based "Pontheir statutes, can apply to Courts acting under ours. ! sometimes happens that, relying upon British pre*dents, they are misled; at others, fearing to trust them, they wander into error. And when situated as *; thus are, we recollect the vital influence which *ir decisions have upon the fortunes, lives, and fame ** many gallant men, it is impossible not to feel that *y ought to have, in their legal advisers, the Judge "9tates, men of learning, talent, and discretion Such it is always the object of the Department to pro*for them, but such cannot always be obtained; and *n they are, it is at great expense, they are drawn "other and profitable pursuits, and devote a tempo*y attention only to the subject. Hence, although o safer aids than less informed and weaker men, . *te apt to differ from each other, and the conse*:::: has been, that our Courts Martial proceed by no of . rules; form irregular records; often err for want o: make decisions utterly, destructive of character se of the public interests; and form precedents which o: only to bewilder and perplex those who come ter them. od, then, to give an “opinion” on a remedy for o: oils, the Department would recommend, as one d * the appointment of a responsible officer, a Judge ...ate, whose duty it should be to form, under the

*ction of the Department, a proper system for the go

vernment of courts martial; to prepare the cases and witnesses for trial; to attend, when practicable, and always to examine, and report to the Department, on the records, and guard against unlawful proceedings and convictions. Many benefits would thereby be secured; there would be mere certainty in our trials; the charges would be legal; the causes being properly prepared, there would be less delay; the rules for the proceedings being settled, there would be less error; records be unform and accurate; economy be promotel, by shortening the terms of the courts, and avoiding the employment of temporary Judge Advocates; and justice be more surely administered. . The same officer, if equal to the station, could perform the duties both for the Army and the Navy, and would produce results in beth, which they only can estimate who have reflected seriously on the high importance of a steady, uniform, consistent, and economical administration of criminal law, in military and naval establishments, and the incalculably painful consequences which arise from erroneous decisions. The recommendation, then, as to this law, has three objects: 1st, To define offences. 2d. To fix and apportion punishments. 3d, To provide safe rules for the trials, and a competent officer to aid in the administration of the criminal code. It is, perhaps, proper to remark, that, in recommending the appointment of one Judge Advocate for the Navy and the Army, the Secretary of War concurs. Two other amendments ought to be made in the law. 1. That the court be at least so far freed from the obligation of secrecy, as relates to the officer who constituted it, and who has to approve its sentence. A concealment from him, ef every thing but what appears upon the record, often compels a decision in ignorance of facts most important to a right judgment upon the case, and naturally leaves the members of the court free from the responsibility which ought to attach to them, and which is the best security for correct decision. 2. Power should be given to the court to enforce the attendance of witnesses, necessary either for he accusation or defence, and to take the depositions of those who could not attend; a power always essential to the safe administration of Justice. There is still another “alteration” which, in my “opinion,” ough to be made, and which is even more important than those already mentioned, to promote discicipline, efficiency, and economy, and to prevent the recurrence of courts martial in he service: the establishment of an academy, or providing, in some effectual mode, for the instruction of the young officers. These are taken from the poor, who have not the means of a good education, as well as the rich, who have. They enter, from the nature of he duties, at so early an age, that they cannot be accomplished, nor even moderately accurate scholars. They are constantly employed on ship board, or in our navy yards, where much advancement in learning cannot be expected. Their pay will afford them a support, but no means of literary improvement. The consequence necessarily is, and such is well known to be the fact, that very many advance in age and rise in grade much less cultivated and informed than their own reputation and that of the country req ire. For this evil there is but one remedy, and that is to be found in the wisdom and beneficence of the Government, from which they receive their offices, and to whose honor and interest they are devoted. It is the formation of a school which shall combine literary with professional instruction, a competent portion of common learning with a profound knowledge of everything connected with military science, seamanship, and navigation—the theory, with the practice of their profession The considerations which urge respect for this recommendation, are connected with every thing which the nation has to hope from its naval establishment. They may be

2d Session.

“. ..."; Navy and Marine Corps—Indians. [Senate.

glanced at, but cannot be suitably discussed, in this report. The situation of our country, the nature of its territory and its coasts, the extent of its commerce, the character of its institutions, and its political connexions, all oint unerringly to that establishment, as the security or its peace and its honor. It no longer remains a debatable question, whether we shall look to the navy as one of the means by which our interests are to be most cheaply and most securely protected. It has been settled by a course of events which have carried the nation forward to a point where, on this subject, it has scarcely the liberty to choose. It has interests to protect, and duties to discharge, which it cannot, if it would, disregard. The problem now to be solved by it is, in what mode our naval means may be commanded most surely, and with the least possible burthen, combining most ef. ficiency with the smallest expense. The answer is believed to be plain. By givin to our officers the greatest amount of science and .# by fitting all to command the vessels we may choose to build, and the seamen we may be enabled to enlist. By these means, and these only, may we, in times of quiet, keep in employment as small a number of vessels as our commerce may absolutely require; and yet, at the moment of trouble, swell it to the full extent which our protection may demand, and the number of our seamen will permit; the latter being the only limit which can be placed to our naval power. It is not, however, in this circumstance alone, that well-instructed officers will induce economy: the better instructed and more intelligent an officer is, the more skilfully and precisely, and, of course, the more economically, will he perform the duties assigned him. Ignorance is always, skill never, prodigal. There is no business, profession, or occupation, in the circle of society, to which this principle applies with more energy, than to our naval establishment. Discipline and efficiency, also, necessarily result from the same cause. Educated in such a school as it becomes the Government to establish, moral principles are secured, good habits formed, subordination learned, honorable feelings encouraged and confirmed, skill acquired, science and discipline necessarily combined. The illustration of these truths is before us in another branch of our national defence, to which the favor of the Government has been extended; and the suggestion will be pardoned, that no sound argument can be urged in its favor, which does not receive additional force from the situation in which the Navy is placed, and the interests and hopes which are connected with it. Our future national conflicts are to rest principally on it, come when they may. It also is the bearer of our honor and our fame, to every foreign shore. The Ameri. can naval officer is, in fact, the representative of his country in every port to which he goes, and, by him, is that country in a greater or less degree estimated. With a well-regulated national pride, this consideration alone should ensure him ample means of instruction and improvement. A school, to be useful to the Navy, must combine theory with practice. It must, therefore, be located where the attention may be directed to the construction, equipment, armament, and sailing, of vessels. Governor’s Island, in the harbor of New York, seems to be well fitted for all these objects. The buildings and improvements already upon it, with slight alterations and rePairs, would probably be sufficient for present accommodation ; and, if the public interests would permit its transfer for a time from the war to the Navy depart. onent, and an appropriation were made of $10,000, for the suPPort of instructors, the school might be put into *Peration with very little delay, and its permanent location be hereafter determined. ! bog leave to refer to a report from this Department, dated 1st day of January, 1824, expressing an opinion

of the propriety and necessity of augmenting the num: ber of our sloops of war, as a means of increasing the efficiency and economy of the service, and to adol, that the experience of the past year has amply confirmed the reasons there presented. There are other alterations, which are not suggested, as they are supposed to be within the power of the De partment. Some have been made within the last year, and others will hereafter receive attention. Among the former, are the General Order which was issued respect ing the arrest and trial of officers, and a regulation by which any person, before he can receive an appointment as surgeon's mate, or, being a mate, be promoted to the rank of surgeon, must pass, successfully, a rigid exam. nation before a board of compétent surgeons, both is to his moral character and his professional attainment, especially in all that relates to the duties of his partico lar office. The operation of these rules need not be explained: they have thus far been found most salutary, The preceding remarks contain the “opinion” called for by the resolution, so far as respects the Navy. In relation to the Marine Corps, I have the honor to submit various papers, marked 1 and 2, which contain the views presented by the Commandant of the Corps, in reference to its numbers and organization. They furnish satisfactory evidence that an augmentation of r is required, and justice seems to demand that its organ; zation, as to grade and number of officers, should corres. pond with its size. The same principles are applicable to it as have been urged in reference to the Navy, and which apply to all military establishments. An arrang: ment will be made with the War Department, by which the officers of this Corps will hereafter be taken from the graduates at West Point. I have the honor to be, sir, very respectfully, &c. SAMUEL L. SOUTHARD,

MESSAGE Of the President of the United States, transmisting to Congress a Report of the Secretary of War, in relation to the Various Tribes of Indians within the United States, and recommending a Plan% their future Location and Go: vernment: January 27th, 1825.

To the House of Representatives of the United States: Being deeply impressed with the opinion, that there. moval of the Indian tribes from the lands which they now occupy within the limits of the several states and terro tories, to the country lying westward and northward thereof, within our acknowledged boundaries, is of Yeo high importance to our Union, and may be accomplish ed, on conditions, and in a manner, to promote the into rest and happiness of those tribes, the attention of the Government has been long drawn, with great solicitude to the object. For the removal of the tribes within the limits of the state of Georgia, the motive has been Po culiarly strong, arising from the compact with that to whereby the Únited States are bound to extinguish the Indian title to the lands within it, whenever it may to done peaceably and on reasonable conditions. In to: fulfilment of this compact, I have thought that the Unio states should act with a generous spirit, that they should omit nothing which should comport with a liberal construction of the instrument, and likewise be inaco. ance with the just rights of those tribes. From the to which I have taken of the subject, I am satisfied, to in the discharge of these o duties, in regard” both the parties alluded to, the United States will have to encounterno conflicting interests with either: on* contrary, that the removal of the tribes from . ry which they now inhabit, to that which was design” in the message at the commencement of the so". which would accomplish the object for Georgia, undo"

i8th Congress, 2d Session.

weldigested plan for their government and civilization, which should be agreeable to themselves, would not only shield them from impending ruin, but promote their welfare and happiness. Experience has clearly demonstrated, that, in their present state, it is impossible to incorporate them in such masses, in any form whatever, into our system. It has also demonstrated, with equal certainty, that, without a timely anticipation of, and provision against, the dangers to which they are exposed, under causes which it will be difficult, if not impossible, to control, their degradation and extermination will be inevitable. The great object to be accomplished is, the removal of those tribes to the territory designated, on conditions which shall be satisfactory to themselves, and honorable to the United States. This can be done only by conveying to each tribe a good title to an adequate portion of land, to which it may consent to remove, and by providing for it there, a system of internal government, which shall protect their property from invasion, and, by the regular progress of improvement and civilization prevent that degeneracy which has generally marked the transition from the one to the other state. I transmit, here with, a report from the Secretary of War, which presents the best estimate which can be formed, from the documents in that Department, of the number of Indians within our States and Territories, and of the amount of lands held by the several tribes within each; of the state of the country lying Northward and Westward thereof, within our acknowledged boundaries; if the parts to which the Indian title has already been htinguished; and of the conditions on which other parts, man amount, which may be adequate to the object conemplated, may be obtained. By this report, it appears hat the Indian title has already been extinguished to oxtensive tracts in that quarter, and that other portions may be acquired, to the extent desired, on very modeate conditions. Satisfied I also am, that the removal roposed is not only practicable, but that the advanAges attending it to the Indians may be made so appaent to them, that all the tribes, even those most oppos' d, may be induced to accede to it at no very distant ay. The digest of such a Government, with the consent of he Indians, which should be endowed with sufficient ower to meet all the objects contemplated; to conect the several tribes together in a bond of amity, and reserve order in each ; to prevent intrusions on their roperty; to teach them, by regular instructions, the its of civilized life, and make them a civilized people, an object of very high importance. It is the powerful insideration which we have to offer to these tribes, as hinducement to relinquish the lands on which they ow reside, and to remove to those which are designat!. It is not doubted that this arrangement will present onsiderations of sufficient force to surmount all their rejudices in favor of the soil of their nativity, however tong they may be. Their elders have sufficient intelgence to discern the certain progress of events in the resent train, and sufficient virtue, by yielding to moentary sacrifices, to protect their families and posterity om inevitable destruction. They will also perceive, at they may thus attain an elevation to which, as comunities, they could not otherwise aspire. To the United States, the proposed arrangement of. is many important advantages, in addition to those hich have been already enumerated. By the establishent of such a government over these tribes, with their onsent, we become in reality their benefactors. The lation of conflicting interests, which has heretofore exled between them and our frontier settlements, will *se. There will be no more wars between them and e United States. Adopting such a government, their "ement will be in harmony with us, and its good efct be felt throughout the whole extent of our territory,

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to the Pacific. It may fairly be presumed that, through the agency of such a government, the condition of all the tribes inhabiting that vast region may be essentially improved; that permaneut peace may be preserved with them, and our commerce be much extended.

With a view to this important object, I recommend it to Congress to adopt, by solemn declaration, certain fundamental principles, in accord with those above suggested, as the basis of such arrangements as may be entered into with the several tribes, to the strict observance of which, the faith of the nation shall be pledged. I recommend it also to Congress to provide by law for the appointment of a suitable number of commissioners, who shall, under the direction of the President, be authorized to visit and explain to the several tribes the objects of the Government, and to make with them, according to their instructions, such arrangements as shall be best calculated to carry those objects into effect.

A negotiation is now depending with the Creek nation, for the cession of lands held by it, within the limits of Georgia, and with a reasonable prospect of success. It is presumed, however, that the result will not be known during the present session of Congress. To give effect to this negotiation, and to the negotiations which it is proposed to hold with all the other tribes within the limits of the several states and territories, on the principles and for the purposes stated, it is recommended that an adequate appropriation be now made by Congress.

JAMES MONROE. Washington, 27th January, 1825.

Department of War, 24th Jan. 1825. In obedience to your instructions, directing a statement cf the names of the Indian tribes now remaining within the limits of the different states and territories, the number of each tribe, and the quantity of land claim. ed by each; also, an estimate of the amount of appropriation necessary to commence the work of moving the Indians beyond the Mississippi, to be laid before you, I here with enclose a report from Col. M'Kenney, to whom is assigned the charge of the office of Indian Affairs, which contains all of the information required, except the estimate of the sum that will be necessary to be appropriated to commence the removal. In forming the estimate required, it will be necessary to take a summary view of the number and position of the several tribes to be removed, and to form a plan in detail for their removal. It appears, by the report enclosed, that there are, in the several states and territories, not including the por. tion of Michigan territory West of Lake Michigan, and North of the state of Illinois, about 97,000 Indians, and that they occupy about 77,000,000 of acres of land. The arrangement for the removal, it is presumed, is not intended to comprehend the small remnants of tribes in Maine, Massachusetts, Connecticut, Rhode Island, Virginia, and South Carolina, amounting to 3,023. To these also may be added the remnants of tribes remaining in Louisiana, amounting to 1,313, as they are each of them so few in number that, it is believed, very little expense or difficulty will be found in their removal, making together 4,336, which, subtracted from the 97,000, the entire number in the states and territories, will leave 92,664 to be removed. Of these, there are residing in the northern parts of the states of Indiana, Illinois, in the peninsula of Michigan, and New York, including the Ottawas in Ohio, about 13,150; which, I would respectfully suggest, might be removed, with advantage to the country West of Lake Michigan, and North of the state of Illinois. The climate and the nature of the country are much more favorable to their habits, than that West of the Mississippi; to which may be added, that the Indians in New York have already commenced a settlement at Green Bay, and exhibit some disposition to

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