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18th CONGRESS,

2d

Report from the Navy Department.

[Senate.

if not entirely, avoided, when the necessary improve-received on board his vessel, any goods or merchandise ments are made in our yards. other than for the sole use of his vessel, except gold, Commissions on disbursements of Public Money.-silver, or jewels, and except the goods or merchandise

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.

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 House rent, store rent, postage, fuel, clerk hire, sta- officer was engaged. His risk and responsibility in the tionery, &e to Navy Agents and Storekeepers.-It is benefit he renders to the owner by carrying his properdoubted whether these items come strictly within the ty, is often great, and requires a corresponding compencall made by the resolution; but as the Agents and sation. This compensation is regulated in England, by Storekeepers were officers attached to the Navy De-Orders in Council, authorized by statute; no law has yet partment, and as these allowances are not the monthly been passed upon the subject in this country, and the pay and rations fixed by law, it was thought proper to Executive has not believed, since the passage of the add them. They are regulated by settled rules, and law referred to, that it possessed the power, either to tend largely to swell the amount. 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.

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 Navy, but as the sums received by the officers, were an allowance 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 establish

ment.

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 themselves, 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.

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 perceived 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, cers attending courts martial, either as members or witwould be criminal, and, if known, subject them to pun-nesses, are, travelling expenses, &c. $1 50 per day, ishment. It is not believed that an imputation of this while attending the Court, except to those upon the offence can properly attach to them. By the 23d arti-station where the Court is held, whose situation is such cle of the "act for the better government of the Navy that they are most subjected to auditional expense. In of the United States," it is provided, that " If any com-designating the number of members required by law, mander, or other officer, shall receive, or permit to be care is taken to select such as will create least expense,

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 offi

18th CONGRESS, 2d

Report from the Navy Department.

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.

[Senate.

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 equip. ment 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 moPaper F and G, exhibits the number of desertions from neys, and the settlement of public accounts, may be so the Marine Corps, and the number of rank and file, con- conducted as to squander nothing, and to lose little fined for imprisonment, as a punishment for desertion or The former has, heretofore, been managed by the Board misconduct, for each year, during the last three years. in a way deserving the highest cominendation. Its In answer to that portion of the resolution which re- contracts and expenditures have, in general, been judiquires the Secretary of the Navy to report "his opinion cious, cautious, and economical. It was created in Fe on such alterations or further provisions of law as hebruary, 1815. The law concerning disbursements of may consider it expedient to be made, in order to pro- public money," and forbidding advances, was passed in mote a more perfect discipline of the Navy and Marine January, 1823. It has, therefore, existed almost ten Corps, to prevent the frequent recurrence of courts mar-years, during eight of which, advances were not forbid. tial, and ensure to the public service, in the said esta- den; it has made contracts for, and superintended, the blishments, the highest degree of economy and efficien- expenditure of $15,500,000; and it is believed that cy;" the following remarks are respectfully submitted. nothing has yet been lost, and that not more than Discipline and the prevention of offences, economy, $15,000, if any, are in danger of being lost. and efficiency, in every military or naval establishment It is but just to add, that the members, confining themmust depend on its fundamental organization, the regu- selyes to their prescribed duties, have been found valu lations connected with it, and their enforc ment, and able auxiliaries; and that the improvement of our vessels, the intelligence and skill of the officers attached to it. yards, and equipments, is proof that their skill and There must be a regular and systematic organization, science are not inferior to their industry and economy. plain and simple rules, skilful and intelligent officers, or The next "alteration" which seems to be called for, no laber, industry, or wisdom, in the head which directs is the revision of the law "for the better government it, can produce the desired results, to any very profitable of the Navy of the United States." It was passed in extent. But, if these advantages exist, a failure to pro- May, 1800, and has remained without amendment. It duce those results may well be the subject of censure. relates to offences and trials, punishments and rewards, The Military Establishment of the United States is, at subjects of great importance in every service. Offences this moment, the best possible argument and illustra- which are the objects of punishment, ought to be plaintion which can be made upon this point. The Naval ly and precisely stated, that every one may understand Establishment of the United States may be said never what he is to avoid, and may certainly know when he is to have had a legal organization. Temporary acts, au- criminal; and that those who would bring accusations thorizing specific matters, relating to the building of ves- may be sure that they do it justly. There is great defect in sels, and the numbers of one or two of our grades of offi- the law upon this point; a defect which has been the cers, are to be abundantly found; but there is not, in cause of n.uch inconvenience and relaxation of disci our whole code, a law, giving an organization, prescrib pline. It is so extremely vague and indefinite, that it is ing the number and grades of all our officers-number often not easy to frame a charge, justified by its words, of our yards and stations-pay and emoluments of those even aga nst those who have acted most incorrectly, who are attached to the service. It requires no labor of without a resort to some general expression, such as argument to shew that, in such a state of things, they" unofficer-like," or "scandalous conduct," and joining who have had to direct, and those who have had to exe- to it a specification embracing the particular circumstan cute, have equally felt the want of fixed and uniform ces, which might as well be added to any other charge, guides to their conduct. The first "alteration" or or to no charge. It results that the accused and the provision of law," then, which appears to be necessa-Court are both in doubt how to proceed; and the I-galiry to effect the proposed objects, is a law organizing ty of what is done, is questionable, even where there is the Navy Establishment. What that law ought to be, in no hesitation that the accused had been guilty, and merits the opinion of the Department, will be found in the re-rebuke. The effect may readily be imagined. Among port of the plan, made during the last session of Con

66

gress.

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.

men varying in habits, education, principles, and teelings, there are always some that must be coerced, by plain law, rigidly enforced. Some who regard the pro visions of the law as the only restriction on the freedom of thought and action, which, as citizens, they are ac Should a law of that character be passed, it will be customed to enjoy. Where it is not clear and explicit, important, immediately, to prepare regulations depend- they perform acts dangerous and reprehensible, which ing upon, and adapted to it, for the discipline and ma- they do not perceive prohibited by positive enactments. nagement of every part of the service. To the forma-Others are induced, by the same cause, to prefer char tion of these regulations, the best intelligence within ges, for that which they suppose violates the spirit of the command of the Department would necessarily be the code. The former are tempted to irregular and brought; and, being submitted to the wisdom of Con- improper conduct, the latter to arraign, without just

18th CONGRESS, 24 SESSION.

Report from the Navy Department.

[Senate.

cause, those who are obnoxious to them. The tribunal, vernment of courts martial; to prepare the cases and too, which is called to pas› upon accusations, is left-without witnesses for trial; to attend, when practicable, and ala certain guide, to the exercise of an arbitrary discretion, ways to examine, and report to the Department, on the and to the formation of decisions, governed rather by records, and guard against unlawful proceedings and extraneous causes, such as the character and standing of convictions. Many benefits would thereby be secured; the parties, than a just estimate of the charges and the there would be more certainty in our trials; the charges evidence. Guilt ceases to be the only, yet certain, would be legal; the causes being properly prepared, ground of punishment. The weight of the sentence, there would be less delay; the rules for the proceedwhether of condemnation or acquittal, is proportionably ings being settled, there would be less error; records be diminished. Thus, in every way, does this want of pre- un form and accurate; economy be promoted, by shortcision and certainty in the law, tend to the multiplica-ening the terms of the courts, and avoiding the employtion of Courts Martial, the destruction of discipline, and ment of temporary Judge Advocates; and justice be of the correspondent efficiency and economy. This more surely administered. The same officer, if equal law is equally unguarded as to the punishment, leaving to the station, could perform the duties both for the every thing to the discretion of the Curt, not only as to Army and the Navy, and would produce results in bath, its extent, but also as to its nature: "At the discretion of which they only can estimate who have reflected seria Court Martial," and "death or such other puishment ously on the high importance of a steady, uniform, conas a Court Martial shall adjudge," are its common phrase-sistent, and economical administration of criminal law, ology. And where the crime is not specified in the in military and naval establishments, and the incalculameagre list which is given, the punishment is to be bly painful consequences which arise from erroneous de"according to the laws and customs in such cases at cisions. 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, suspension without pay, suspension from rank and pay, dismission, 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. Although, 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 technicality, is essential to correctness in their proceedings. They, more than ordinary judges, require well defined rules and systems of practice, and they have none such to which they can appeal.

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, of 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 disciA very small portion of the English system, based cipline, efficiency, and economy, and to prevent the reupon their statutes, can apply to Courts acting under ours. currence of courts martial in the service: the establishIt sometimes happens that, relying upon British pre- ment of an academy, or providing, in some effectual cedents, they are misled; at others, fearing to trust mode, for the instruction of the young officers. These them, they wander into error. And when situated as are taken from the poor, who have not the means of a they thus are, we recollect the vital influence which good education, as well as the rich, who have. They their decisions have upon the fortunes, lives, and fame enter, from the nature of he duties, at so early an age, of so many gallant men, it is impossible not to feel that that they cannot be accomplished, nor even moderately they ought to have, in their legal advisers, the Judge accurate scholars. They are constantly employed on Advocates, men of learning, talent, and discretion ship board, or in our navy yards, where much advanceSuch it is always the object of the Department to pro- ment in learning cannot be expected. Their pay will cure for them, but such cannot always be obtained; and afford them a support, but no means of literary improvewhen they are, it is at great expense. They are drawn ment. The consequence necessarily is, and such is well from other and profitable pursuits, and devote a tempo-known to be the fact, that very many advance in age rary attention only to the subject. Hence, although much safer aids than less informed and weaker men, they are apt to differ from each other, and the consequence has been, that our Courts Martial proceed by no settled rules; form irregular records; often err for want of light; make decisions utterly destructive of character and of the public interests; and form precedents which serve only to bewilder and perplex those who come after them.

and rise in grade much less cultivated and informed than their own reputation and that of the country require. 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 every thing conRequired, then, to give an "opinion" on a remedy for nected with military science, seamanship, and naviga these evils, the Department would recommend, as one tion-the theory, with the practice of their profession The means, the appointment of a responsible officer, a Judge considerations which urge respect for this recommenda Advocate, whose duty it should be to form, under the tion, are connected with every thing which the nation direction of the Department, a proper system for the go-has to hope from its naval establishment. They may be

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glanced at, but cannot be suitably discussed, in this re- I of the propriety and necessity of augmenting the num port. The situation of our country, the nature of its terri-ber of our sloops of war, as a means of increasing the tory and its coasts, the extent of its commerce, the cha- efficiency and economy of the service, and to adil, that racter of its institutions, and its political connexions, all the experience of the past year has amply confirmed point unerringly to that establishment, as the security the reasons there presented. for 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 efficiency with the smallest expense.

The answer is believed to be plain. By giving to our officers the greatest amount of science and skill, 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.

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 exami
nation before a board of competent surgeons, both as
to his moral character and his professional attainments,
especially in all that relates to the duties of his particut
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 i 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 it
is required, and justice seems to demand that its organi
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 arrange
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, transmit ting to Congress a Report of the Secretary of War, in relation to the Various Tribes of In dians within the United States, and recommending a Plan for their future Location and Government: January 27th, 1825.

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 To the House of Representatives of the United States: in its favor, which does not receive additional force from Being deeply impressed with the opinion, that the rethe situation in which the Navy is placed, and the inter-moval of the Indian tribes from the lands which they now ests 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.

occupy within the limits of the several states and terri tories, to the country lying westward and northward thereof, within our acknowledged boundaries, is of very high importance to our Union, and may be accomplish ed, on conditions, and in a manner, to promote the inte 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 pe culiarly strong, arising from the compact with that state, A school, to be useful to the Navy, must combine the-whereby the United States are bound to extinguish the ory with practice. It must, therefore, be located where Indian title to the lands within it, whenever it may be the attention may be directed to the construction, equip- done peaceably and on reasonable conditions. In the ment, armament, and sailing, of vessels. Governor's fulfilment of this compact, I have thought that the United Island, in the harbor of New York, seems to be well fit-States should act with a generous spirit, that they should ted for all these objects. The buildings and improve- omit nothing which should comport with a liberal conments already upon it, with slight alterations and re-struction of the instrument, and likewise be in accordpairs, would probably be sufficient for present accom-ance with the just rights of those tribes. From the view modation; and, if the public interests would permit its which I have taken of the subject, I am satisfied, that, transfer for a time from the War to the Navy Depart-in the discharge of these important duties, in regard to ment, and an appropriation were made of $10,000, for the support of instructors, the school might be put into operation with very little delay, and its permanent location be hereafter determined.

I beg leave to refer to a report from this Department, dated 1st day of January, 1824, expressing an opinion

both the parties alluded to, the United States will have to encounter no conflicting interests with either: on the contrary, that the removal of the tribes from the territo ry which they now inhabit, to that which was designated in the message at the commencement of the session, which would accomplish the object for Georgia, under a

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18th CONGRESS,}

Location and Improvement of Indians.

well digested plan for their government and civilization, which should be agreeable to themselves, would not on ly 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, herewith, 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; of the parts to which the Indian title has already been extinguished; and of the conditions on which other parts, in an amount, which may be adequate to the object contemplated, may be obtained. By this report, it appears that the Indian title has already been extinguished to extensive tracts in that quarter, and that other portions may be acquired, to the extent desired, on very moderate conditions. Satisfied I also am, that the removal proposed is not only practicable, but that the advantages attending it to the Indians may be made so apparent to them, that all the tribes, even those most oppos ed, may be induced to accede to it at no very distant day.

[H. of R.

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 permanent 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 fun-
damental principles, in accord with those above suggest-
ed, 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 re-
commend 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 authoriz-
ed 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 na-
tion, 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 recommend-
│ed that an adequate appropriation be now made by Con-
gress.
JAMES MONROE.

Washington, 27th January, 1825.

Department of War, 24th Jan. 1825. In obedience to your instructions, directing a statement of 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 claimed 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 herewith 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 portion 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 digest of such a Government, with the consent of the Indians, which should be endowed with sufficient power to meet all the objects contemplated; to connect the several tribes together in a bond of amity, and preserve order in each; to prevent intrusions on their property; to teach them, by regular instructions, the arts of civilized life, and make them a civilized people, is an object of very high importance. It is the powerful consideration which we have to offer to these tribes, as an inducement to relinquish the lands on which they now reside, and to remove to those which are designated. It is not doubted that this arrangement will present The arrangement for the removal, it is presumed, is considerations of sufficient force to surmount all their not intended to comprehend the small remnants of tribes prejudices in favor of the soil of their nativity, however in Maine, Massachusetts, Connecticut, Rhode Island, strong they may be. Their elders have sufficient intel- Virginia, and South Carolina, amounting to 3,023. To ligence to discern the certain progress of events in the these also may be added the remnants of tribes remainpresent train, and sufficient virtue, by yielding to mo- ing in Louisiana, amounting to 1,313, as they are each of mentary sacrifices, to protect their families and posterity them so few in number that, it is believed, very little exfrom inevitable destruction. They will also perceive, pense or difficulty will be found in their removal, mak that they may thus attain an elevation to which, as coming together 4,336, which, subtracted from the 97,000, munities, they could not otherwise aspire.

To the United States, the proposed arrangement of fers many important advantages, in addition to those which have been already enumerated. By the establishment of such a government over these tribes, with their consent, we become in reality their benefactors. The relation of conflicting interests, which has heretofore existed between them and our frontier settlements, will cease. There will be no more wars between them and the United States. Adopting such a government, their movement will be in harmony with us, and its good effect be felt throughout the whole extent of our territory,

VOL. E.-8

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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