JAN. 22, 1835.]

The amendments proposed by Messrs. MANN and GILLET were negatived.

The question recurring upon Mr. LANE's amendment, Mr. PARKER moved to amend it by adding "the usual allowance of mileage to Washington city."

Mr. PARKER was of opinion that the members of this committee should receive something beyond the ordinary allowance. They were compelled to leave their business at home unattended to. There were members residing at a distance, particularly in the South, who, as a matter of choice, remained in this neighborhood, and who did not go home at the close of the session, who were nevertheless paid their mileage. The Post Office Committee were here in the recess by the direction of the House. Their duties were arduous, and he hoped that the amendment submitted by him would prevail.

Mr. LANE suggested that the members of this committee, as a matter of course, would receive the usual allowance for mileage. He was opposed to giving them double the amount provided by law.

M. PARKER'S amendment was disagreed to.

Mr. BEAUMONT moved to amend the amendment of Mr. LANE, by adding the words "and no more;" which was negatived.

The amendment submitted by Mr. LANE was then concurred in, and, thus amended, the resolution was agreed to.

INDIAN RESERVES.

The House proceeded to consider the following resolution, heretofore offered by Mr. MCCARTY:

"Resolved, That the President of the United States be requested to transmit to this House copies of all letters and correspondence of all Indian agents and sub-agents, and other persons connected with the Indian department, now in the executive or War Departments, or in the office of the Commissioner of the General Land Office, connected with, or relating to, the survey, location, sale, and transfer of all Indian reserves of lands since the year 1825, up to this time; and also all the orders and communications from the Executive of the United States through the War Department or General Land Office, or otherwise, in reference to said surveys, locations, sales, and transfers of Indian reserves, together with maps and plats of said surveys, and of the tracts approved and confirmed by the President under said transfers and sales, and what remains unapproved that have been reported and submitted for his approval, together with the evidence of title."

Mr. McCARTY spoke at some length in support of the proposition, when

Mr. PLUMMER moved the following amendment: "Not already communicated to the Senate under resolutions of that body adopted at the last session." Before the amendment was disposed of, Mr. POLK called for the orders of the day, which was sustained by

the House.

[H. OF R.

proviso that the compensation should not be paid till all the cases in litigation had been disposed of,

Mr. GRENNELL requested further information. Mr. WHITE, of Florida, replied at length, taking the same ground he had done in committee, insisting that the continuance of these cases before the courts was highly injurious to the interests of the Territory, and appealed to past experience to show that the existing delay was causeless, and its removal hopeless, unless some such proviso should be adopted. All the principles of the causes pending had been decided already by the Supreme Court of the United Staies, and the settlement of the Territory was prevented by continuing these causes at a vast expense from year to year, for six years, though there were but eighty or ninety cases in all.

Mr. POLK objected to the proviso, as involving an injurious imputation on the integrity of public agents. He was personally acquainted with two of the individuals, than whom he knew no men of more honorable and unblemished character. He thought the proviso would work injustice.

The question being put, the proviso was not concurred in.

On the subject of appropriations for chargés d'affaires, Mr. POLK stated that the appropriation made last year for a chargé to Buenos Ayres remained still in the treasury, and had not been devoted to any other purpose. The item in the estimates had been suffered to remain by inadvertence.

The amendments from the Committee of the Whole having been gone through with,

Mr. POLK moved to amend the bill by inserting an item of $500, for survey of lots in Peoria, Illinois; which was agreed to.

Mr. MERCER explained why he did not renew the motion he had made in committee, for an item to carry into effect the provisions of the law for the suppression of the slave trade; he was informed that there remained a balance of $14,000, from moneys formerly appropriated to that object. He nevertheless expressed strong dissatisfaction at the fact, that the coast of Africa was

left without a single ship of war, while other portions of our fleet were occupied in vain parade in the Medi

terranean.

Mr. VANCE moved the following amendment:

SEC. 2. And be it further enacted, That all that part appropriations for the civil and diplomatic expenses of of the second section of an act entitled "an act making Government for the year 1834," that authorizes the Secretary of the Treasury to pay to the collectors, naval officers, surveyors, and their respective clerks, together with the weighers of the several ports of the United States, out of any money in the treasury not otherwise appropriated, such sums as will give to the said officers respectively the same compensation in the year 1834, have been entitled to receive if the act of the 14th of according to the importations of that year, as they would July had not gone into effect; and that the clerks employed by the respective collectors, naval officers, and surveyors of the several ports, shall be paid for the year 1833, as if they had been specifically included in the third section of the act of 2d March, of said year, entitled "an act making appropriations for the civil and diplomatic expenses of Government for the year 1834," be, and the same is hereby, repealed; and that the balance of the said second section of the above-recited act of 1834 be, and the same is hereby, continued in force, until otherwise ordered by Congress.

Mr. V. supported his motion, alleging that great abuses existed under the section in question. If the House wished custom-house officers to receive larger compensation, let them do it explicitly, and not allow a state of things under which those officers had received,

within the last year, $50,000 over what the law allowed them. Some of the weighers and gaugers received salaries, amounting in fact to about $4,000. Mr. V. demanded that the question be taken by yeas and nays. Mr. POLK explained why no item on the subject referred to had been inserted in the bill. The subject had been referred last session to the Committee of Commerce. He heard the amendment imperfectly, but understood it to amount in effect to what the same gentleman had moved at the last session, and which was rejected by the House. He called for the reading of the amendment again.

It was read accordingly.

[JAN. 22, 1835.

were actively engaged in collecting facts bearing on the subject; but this was a work of time. If no general law could be prepared, it would be easy to insert a clause providing for the officers named in the amendment.

Mr. HARPER agreed that the subject did not properly pertain to an appropriation bill. He was surprised the Committee of Commerce had made so little progress in so important a subject. The Department had early sent the form of a bill, accompanied with statements relating to the subject generally. He stated the abuses under the old law. Some of the officers received in fact near $10,000 a year, though they could leave their places for weeks together, watching the legislation of

This was also read.

Mr. POLK then called for the reading of the residue which Mr. VANCE proposed to re-enact.

This was read. [It limits the salaries of subordinate officers of the customs, except collectors, naval officers, and surveyors, to $2,000 per annum, &c., and requires returns of receipts under oath.]

Mr. POLK said that, unless the Committee of Commerce had prepared a bill, the portion of the law of 1834, which he proposed to strike out, ought to be retained.

Mr. SUTHERLAND (chairman of the Committee of Commerce) stated what had taken place last year on this subject. The amendment went to retrace the course of the House, and send again the vexed question of the custom-house law to the Senate. The committee had received from the Secretary of the Treasury a projet of a law, but they had not yet been able to make up a decision as to the reporting of a bill. The difficulties attending the subject were many and great. He thought it would be best to re-enact the second section of the act of 1834, and wait for subsequent action by the Senate or House to modify its provisions. He hoped the amendment of Mr. VANCE would be rejected. Mr. VANCE stated what had occurred last year on the subject. The gentlemen from Pennsylvania, [Mr. SUTHERLAND,] and from New York, [Mr. CAMBRELENG,] had admitted that further legislation was necessary; but nothing had been done, or would be, until the section was repealed; then, he would venture to predict that immediate action would ensue. He stated how the Senate had been annoyed at the last session, by applications from swarms of custom-house officers, who were in dread of the ceasing of the existing system. It was high time the abuse should cease.

Mr. FILLMORE thought it would be awkward to adopt the amendment in its form as moved. It would be better to repeal the whole section of the act of 1834, and then re-enact the latter part separately. He doubt ed if the section expired with that year.

Mr. SUTHERLAND insisted the act of 1834 did expire with that year. He was willing to limit the lower salaries to $2,000, as proposed; but the amendment would operate, in fact, to repeal an act not in force. It was better to let the bill, as reported, go to the Senate. If any amendment was necessary, they would insert it. He deprecated a renewal of the long and stormy debate

of last year.

Mr. POLK suggested that the Committee of Commerce in both Houses had this subject before them under communications from the Treasury. It was better to let this bill pass as it stood, and wait for the action of the other House. The clause in the act of '34 certainly did expire with that year, and there could be no need to repeal it. He requested Mr. VANCE to withdraw the

the unexpected augmentation of fees on articles free of duty, and the injustice and waste of public money which ensued. He concurred in the proposal of the chairman of the Committee of Ways and Means.

Mr. FILLMORE proposed a slight modification of Mr. VANCE's amendment, which

Mr. VANCE accepted.

Mr. FILLMORE advocated the amendment, insisting that precedents proved that this subject did pertain to the appropriation bill; and it was especially necessary, as there seemed little prospect of any bill from the Com. mittee of Commerce in time to be passed at this session. He argued to show that the law of 1834 might possibly receive a construction which would continue it in force. It was best to guard against this by repealing the law. He stated that nearly a third of the revenue had been expended in paying for its collection-(he corrected himself as to this ratio-it was at least over ten per cent.) He was opposed to leaving the subject for the action of the Senate.

Mr. CAMBRELENG stated that the act of 1832 took away the fund out of which the custom-house officers were paid; and it had been necessary to provide for these year by year. He opposed the amendment.

Mr. SUTHERLAND stated that the accounts had not been settled up yet, and the amendment would there. fore have no good effect. He had been in favor of pay. ing these officers, but of limiting their compensation. He was for sending the bill to the other House (where the Committee of Commerce had prepared no bill yet) and let them add a clause. He was willing to add what was passed last year; but that would require to go again into Committee of the Whole. If this course was not pursued, and no general bill should be reported, it would be easy to pass a provision for the officers for the present year.

Mr. VANCE referred to the report of last year, which showed that the officers, by extra allowance, received nearly double what the law gave them. Wishing to have this report before him, he would move an adjournment. The appropriation bill required ripe consideration.

The House refused to adjourn: Ayes 63, noes 76. Mr. FILLMORE proposed a further modification of the amendment, as follows:

Strike out all after the enacting words, and insert:

"That the second section of the act making appro priations for the civil and diplomatic expenses of the Government for the year 1834,' is hereby repealed."

amendment.

JAN. 23, 1835.]

[H. OF R.

Mr. SUTHERLAND denied that the officers could not receive their extra compensation under the bill as reported.

Mr. HARPER, of Pennsylvania, stated the opinion of the chairman of the Committee of Finance in the Senate, that the bill of 1834 expired with that year. There was a system of management which was fast emptying the treasury. He was indifferent that any law should be passed: if none were passed, things would revert to their old state, and the officers would be paid only for duties actually done.

Mr. MINER thought if the law of 1834 was not in force the present amendment was unnecessary. There ought to be a general and explicit law. The friends of the amendment were, in fact, counteracting their own views, for the law of '34 was dead. It was best to let it alone. Re-enacting a part of the law would only tend to continue the evil. He protested against legislating in haste on such a subject.

Mr. WILLIAMS, wishing for further time, moved an adjournment; but withdrew it at the request of

Mr. WATMOUGH, who wanted to move some print. ing.

The House refused to consider this; and Mr. WILLIAMS renewed his motion to adjourn.

Mr. PARKER asked for the yeas and nays; they were ordered, and stood as follows: Yeas 100, nays 83. So the House adjourned.

FRIDAY, JAN. 23.

INDIAN RESERVES.

The House resumed the consideration of the following resolution, heretofore offered by Mr. MCCARTY: "Resolved, That the President of the United States be requested to transmit to this House copies of all letters and correspondence of all Indian agents and sub-agents, and other persons connected with the Indian department, now in the executive or War Departments, or in the office of the Commissioner of the General Land Office, connected with, or relating to, the survey, location, sale, and transfers of all Indian reserves of lands since the year 1825, up to this time; and also all the orders and communications from the Executive of the United States through the War Department or General Land Office, or otherwise, in reference to said surveys, locations, sales, and transfer of Indian reserves, together with maps and plats of said surveys, and of the tracts approved and confirmed by the President under said transfers and sales, and what remains unapproved that have been reported and submitted for his approval, together with the evidence of title."

The question being on the motion of Mr. PLUMMER, to amend the resolution by adding a proviso, that none of the documents should be communicated which had already been communicated to the Senate under a resolution of that body adopted at the last session:

Mr. PLUMMER stated that the papers called for in this resolution, had been also called for and ordered to be printed by the Senate. The copies cost, in extra clerk hire, about three thousand dollars; the printing, which was not yet completed, would cost $12,700, and the binding $3,206. The documents would form six volumes, costing altogether about $19,000, and every member of the House would be furnished with two copies of it. This resolution, (Mr. P. said,) if it passed in the original form, would embrace the same documents, and cost twice as much.

He moved to postpone the further consideration of the

Mr. MCCARTY said that, to avoid the necessity of a postponement, he would accept the amendment as a modification.

Mr. PLUMMER was still, he said, in favor of a postponement, in order that the subject might be further examined. If the gentleman wanted the correspondence in relation only to his own State, he had better so modify the resolution.

The motion to postpone was rejected without a count. Mr. CLAY thought, he said, that it was unnecessary to adopt the resolution. If any individual wished information on the subject, there were laws which pointed out the mode in which it could be obtained under the seal of the office. He moved to lay the resolution on the table; on which motion the yeas and nays were or- ■ dered.

The question being taken, it was decided in the neggative: Yeas 101, nays 108.

Mr. PLUMMER moved that the House proceed to the orders of the day; which was negatived: 71 to 83. Mr. POLK called for the yeas and nays on the passage of the resolution, and they were ordered.

Mr. McKINLEY saw no reason, he said, for going to so much expense, on the mere suggestion of a suspicion of fraud in the management of Indian affairs, for the gratification of any individual or neighborhood.

Mr. MCCARTY said that the expense had been greatly overrated. It would not cost, he was persuaded, the fourth part of the sum which had been named. But, if it did cost the whole amount, it was no objection to the proposed call. It was generally believed that some frauds had been practised, and the consideration of expense ought not to deter the House from the investigation even of a suspicion of fraud on the part of the agents of the Government. He did not impute any fraud to any of those agents, but he contended that an investigation was proper, and highly important.

Mr. McKINLEY said, if frauds were to be made the subject of inquiry, the documents might be produced as evidence before those who undertook the inquiry. But he did not understand the resolution as proposing any inquiry. The publication of the documents would not remove the suspicion of fraud from the public mind, if any such suspicion existed, nor would it punish the perpetrators, if any should be discovered. If any frauds had been practised in regard to Indian reservations-he knew of none, though he had heard rumors of themhe would be glad to have them exposed and punished. But was this a mode of securing their punishment? The publication of the correspondence would serve no purpose but the gratification of an idle curiosity. If the gentleman from Indiana would modify the resolution so as to propose an investigation of alleged frauds, he would vote for it.

Mr. BYNUM said he would be the last person in the House to oppose a call for papers, the publication of which could result in any benefit to the public. But, after this correspondence was obtained and printed at the expense probably of twenty thousand dollars, scarcely a member of the House would read it. To investigate a fraud, in any branch of the Government service, he would go to the expense of millions, if necessary; but the resolution specified no frauds as having been committed; provided for no investigation of any alleged frauds; but merely called for a voluminous correspondence, the publication of which would benefit no one but the public printer.

Mr. LANE said it might be seen, at the first glance, that the object of the resolution, so far as it was intended to expose suspected frauds, could not be attained. No one could suppose that the perpetrators of those

H. OF R.]

[JAN. 23, 1835.

Mr. BROWN called for the orders of the day, but the Chair pronounced the motion to be out of order, as there had been no action of the House since the same motion was rejected.

Mr. LOVE said that the gentleman from Alabama acknowledged that there were rumors abroad of the perpetration of frauds in the management of Indian affairs. It was true that no particular fraud had been specified, that no indictment had been found; but he thought himself that the suspicion and allegation of frauds ought to be inquired into. He did not suppose, nor charge, that the administration was in any way connected with the frauds referred to. In fact, he knew, as a member of the Committee on Indian Affairs, that great frauds had been practised, which the Government could not possibly have had knowledge of nor prevented. He had no sinister motive in urging this call, and nothing could be further from his object than to make a job for printers, for they were a sort of people with whom, as the press was now managed, he had nothing to do.

Mr. MARDIS said the resolution did not present the course which was proper to be taken, for the purpose of investigating frauds. If any agent of the Government was suspected of fraudulent practices, it struck him that the proper mode of procedure would be to raise a committee to investigate the subject. He presumed that those who committed the frauds would not expose them in their correspondence. The expense of the call could not enter into the consideration of this question; but it was to be considered whether the object of the resolution was approached in a proper manner. If it was in order, he would now move to amend the resolution, so as to provide for the appointment of a select committee, to investigate the alleged frauds, with power to send for persons and papers, to sit during the recess, and report at the next session of Congress.

Mr. LOVE said he would move to commit the resolution to the Committee on Indian Affairs, for the purpose of examination.

Mr. MCCARTY said he should not oppose the proposition. He disclaimed all intention of accusing the officers in this city of any malfeasance, but said he should pursue his own objects, in his own way, without consulting any man.

Mr. MARDIS explained.

Mr. MCCARTY disclaimed all intention of reflecting on the Executive; but he wished to expose the conduct of false friends, who, under the covert of the name of

the President, perpetrated frauds on the country. He was astonished that gentleman on that floor should seem opposed to such an exposure. He wanted to shield the innocent as well as to detect and expose the guiity. Mr. BARRINGER was in favor of an investigation: strange rumors were afloat, which ought to be proved or disproved. He would put a hypothetical case: suppose a company was formed to purchase Indian reservations; one subscribed $10,000 in cash, others pledged services, and others influence in this body, to get the sales confirmed. If such a combination did exist, it ought to be exposed. Did not gentlemen know that opposition to such a measure would subject their course to the imputation of a desire to screen the guilty?

the House had been negligent in investigating charges against public officers connected with the sale of the public domain. It had suffered rumors and charges of the most disgraceful kind to continue for years, without examination into their truth. As to the mere consideration of expense, was the House to stop and calculate this when a delinquent was to be brought to justice? Was such a thing ever heard of in a court of justice? It was not to receive a quid pro quo in money, but to expose the guilty and deter evil doers. While the House refused to investigate, they held out encouragement to all such designs. How would it sound in the ears of the guilty to hear it urged in noon day, before the assembled Representatives of the nation, that their exposure would cost the country some money? He trusted no weight would be allowed to an argument of that description; but that on great public grounds an investigation would be ordered.

Mr. POLK now demanded the orders of the day, and the question being put, the House refused the motion: Ayes 79, noes 94.

Mr. MILLER repelled the insinuation that members opposed to this measure were desirous of screening men in malfeasance. He should, however, himself vote in favor of the resolution.

Mr. EWING had risen to speak, when

Mr. BOON moved the previous question; but the House refused to second it.

Mr. EWING advocated the resolution as originally moved. He contrasted the ready acquiescence of gentlemen in other investigations, and their sensitive opposition as soon as it was proposed to reach the land speculators. He stated some facts of which he had heard, going to show favoritism and corruption in the officers connected with certain land offices. As to punishment, if the House could effect nothing, the mere exposure before the public would be of itself a punishment of the severest kind. This Government is, or has been, a Government of the people; and for their instruction, if for no other reason, the resolution should be adopted. But he believed, without saying any thing accusatory, the action of the House would be found proper as soon as the documents called for were read. He would not argue upon, because he did not credit many rumors "rumor is a pipe blown by surmises"--but he would say this inquiry is founded upon a more substantial basis. He knew of a case wherein judicial powers were involved, which the Executive had decided: a title acquired to a reserve by fair sale under an execution, the sale conducted in conformity to the laws of the State of Indiana, had been refused the assent of the President, when private sales of similar reserves were sanctioned. If the resolution be sent to the Committee on Indian Affairs, the information to go forth to the people--it will correct he hoped it would command speedy action. He wished

error and establish truth.

Mr. CAGE spoke with warmth in vindication of that portion of the Union which he represented, from what he considered the breath of calumny. He courted the proposed investigation, and hoped it would take the very widest form. He complained that no charges could be preferred against any officer of the Government, but it was interpreted into an attack on the administration, who, he was persuaded, were as far from sanctioning or tolerating fraud or malfeasance in its officers, as any others could be.

as covering too

Mr. ASHLEY opposed the resolution, much ground. With a view to get at a few individuals suspected of impropriety, was it right to examine five hundred others? The inquiry as proposed tensive that no result of it might be expected during the

was so ex

7

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