sary for the action of the Senate. By the report of that officer, (Senate Documents 1834, No. 37,) it appears that there remains due to the First Christian Party of Oneida Indians, for lands ceded by them to the State by the treaty of 1829, the sum of $1,941.01. By reference to the act of 1829, it will be seen, that according to the terms of purchase, a portion of the purchase money was paid to the Indians; another portion was funded, and annuities were thereupon secured to the Indians; and the remainder of the purchase money was reserved and appropriated as a fund to defray the expense of the migration of the said Indians to Green Bay. The treaty has thus far been executed in the manner thus directed. The annuities have been regularly paid, as well to the emigrants as to those individuals still remaining in this State. Successive parties of the Indians have removed, under the superintendence of an agent appointed by the Governor, the expenses of their migration having been paid out of the fund reserved for that purpose. The principle adopted in relation to the division of this fund, was the division of the entire reserved fund, upon an accurate census of the party; the share of each member was $28.54. whenever a party sufficiently numerous was formed, proceeded

a with them to Green Bay; and when arrived there, settled and adjusted the accounts with them, allowing to each any balance unexpended of the $28.54. There is still remaining at Oneida a remnant of about seventy members of the tribe. Of this number, the petitioner and family constitute five; and their equitable interest in the fund is of course $142.70, payable on their migration to Green Bay. The committee have been informed that applications similar to the one under consideration, will soon be presented by other members of the same party. Such indeed would be a certain consequence of the favorable decision of the Legislature on Denny's petition. The committee have therefore thought it their duty to consider the bearing which the legislation they may recommend in the present case, will have upon the future action of the Legislature.

The agent,

The policy of the act of 1829 was to induce the emigration of the Indians to Green Bay, a policy dictated not only by a wise regard to the interests and morals of the people living in the vicinity of the Indian lands, but by the most paternal regard for the welfare of the Indians themselves. The soundness of this policy in relation to the remnant of the party yet remaining within the State, is unquestioned. While, therefore, the committee would reluctantly consent to withholding the proportion of the fund due to a family so educated as to prefer and be fitted for a residence among a civilized people, they cannot recommend a measure which would be calculated to waste the fund set apart for the migration of the party, so as eventually to leave those unfitted for such a life to suffer poverty among us, without the ability to seek their brethren in the west. That such would be the tendency of a law passed in pur: suance of the petition submitted to the committee, is obvious. The Legislature cannot be expected to divide in the same manner the entire fund, and distinguish who among the Indians ought to be encouraged to remain, and who to emigrate.

a

But justice requires that not a dollar of this fund should be withheld from those to whom it equally belongs, whether they remain among us, or emigrate to Michigan. The present seems to the committee a proper time to provide for the disposal of so much of the fund as shall remain, after all who shall consent to emigrate shall have received their due proportion. The committee therefore ask leave to introduce a bill, providing for the payment, in addition to the annuities secured to the members of the First Christian Party of Oneida Indians, of the annual interest upon the amount of the fund reserved for promoting emigration.

Such a course will secure a perpetual income to those members of the party who determine not to emigrate, while it will secure a fund at all times available for that purpose, whenever any of those members shall find it expedient to remove. The committee are confirmed in the belief that the measure proposed is the proper one, because it is consistent with the settled policy always adopted by the State in regard to the Indians. In that policy, it has always been a governing principle to deal with the Indians in their national capacity, and not as individuals; and also to preserve their funds so as to secure them an income annually, rather than to pay

IN SENATE,

February, 12, 1834.

REPORT

Of the committee on the judiciary, relative to the sale of foreign lottery tickets.

Mr. Lansing, from the committee on the judiciary, who, by a resolution of the honorable the Senate, were directed to inquire if any further legislation be necessary to prevent the sale by way of agency, commission, or otherwise, of foreign lottery tickets, begs leave to

REPORT:

That they have given the subject submitted to their inquiry, such examination as its nature aud importance demanded. That the question as to the impropriety or impolicy of tolerating lotteries must be considered as settled in this State, since the adoption of our present Constitution. The people of this State in convention in 1821, having for years experienced the effects of lotteries, solemnly declared, that no lotteries should thereafter be granted; and more fully to evince their disapprobation of the lot-tery system, imposed upon the Legislature, established by the Constitution they then formed, the imperative duty of passing laws to prevent the sale of all lottery tickets, except in the lotteries then authorised.

The committee have confined their inquiries to the question, whether the present laws are sufficient to give full effect to the intention and wishes of the people, so solemnly expressed, that not only should no lottery be authorised in this State, but that all sales of and traffic in lottery tickets should be prevented. The adoption of this provision was strenuously opposed in the convention, and from the debates on the subject, no doubt can be entertained,

that it was intended to embrace, not only lotteries to be drawn within this State, unauthorised by law, but all species of lotteries whatever.

After the adoption and ratification of the Constitution, the Legislature, in obedience to the requirements thereof, did pass laws, which were mostly, and with some amendments, re-enacted in the present Revised Statutes. Those laws not only aimed to prevent the sale of tickets in all illegal lotteries, and which by the same act are declared to include all lotteries not authorised by the laws of this State, but they also regulated the mode of disposing tickets in authorised lotteries, by declaring that the individuals selling such tickets should be licensed for the purpose, and designating the source from whence and the terms and conditions on which such licenses should be obtained.

The lottery system has been a favorite mode of raising revenue, it purporting to accomplish its object without imposing burthens. The framers of the Constitution knowing that as a mode of raising revenue it was not without burthens, but that it imposed taxes on those least able to bear them, intended that no motives of revenue or other beneficial purpose should induce the Legislature, by authorising any lottery, to tempt the credulous or thoughtless to embark in lottery gambling. As guardians of the interests of those they represented, they aimed to preserve their morals, to protect the unfortunate against his own desperation, and to preserve the poor, the credulous, and the imprúdent, from the snares by which they would be surrounded.

A cursory view of the legislation on this subject in our sister States, will give the Senate some idea of the sentiment now existing as to lotteries. It will be seen that a number of the States, although they have not incorporated the provision in their constitutions, have, by legislative enactments, manifested their disapprobation of the system. As far as the committee have been enabled to ascertain, there are no lotteries now existing in Pennsylvania, Ohio, Vermont, Maine, Massachusetts, New Jersey, New Hampshire and Illinois. In Louisiana, lotteries have already terminated, or are soon to terminate. In most of the other States, lotteries are tolerated, but in most of them, prohibitions are in force against the sale of all lottery tickets, except those in lotteries authorised by the State. In no State, as far as the committee have ascertained, except in this State, are the Legislatures prevented, by constitution