On one or two occasions I considered our present journey about to be concluded by an overturn into the canal, along whose bank we rolled most critically, as we neared our harbour; we were, however, landed in due time all safe, and procured a very good supper.

Friday, 12th.—Left St. John's with a couple of gentlemen in canoe for Ile aux Nois, there to abide the coming of the steam-boat. The heat was intense, but our canoe-men were a pair of lusty old lads, Canadians, and they pulled us up stream merrily at the rate of six miles an hour, keeping close beneath the trees growing out of the lake, here a narrow channel merely.

We found Fort Lennox garrisoned by a party of the 32nd regiment, under the command of Major Swinburne, who was resident here with his family. The fort is regularly and well built, and the defences are in excellent order, save that the facing of the ditch, being of wood, is tumbling in at most points, to the great danger of the foundation. As this place is considered worthy a garrison, it would be as well that this ditch should be faced with stone, in a way becoming the other defences, all of which appear to be built in the best manner, and are in good preservation.

At three o'clock P.M. the steamer was announced in sight, and we hastened to the little wharf where the captain always lands to show his clearance; a matter of form which is strictly observed.

The inhabitants, at least the civilians, were all assembled on the wharf, for this arrival was the event of the day. The little group was composed of two or three officers' ladies, with their families. Amongst these I noticed one pretty black-eyed English girl, who I fancied looked after the boat as it left the shore, and was whirled alongside the steamer, with a mournful glance, wherein I read the word home written as plainly as I ever read it in a book.

"I wish you were returning to your home, my sweet girl," replied I, in the same language, "and that I might be your escort; you should be well and honestly guarded, at all events."

In a moment I was for ever sundered from this object of my commiseration; yet had my eyes only been as expressive as hers, all I have set down here might have been read therein.

Away we sped along the winding lake, turning from shore to shore, now visiting one pretty landing, now another; a mode of proceeding that is, amidst such scenery, perfectly delightful.

Saturday, 13th.—Breakfasted at Whitehall, and took the middle line to Albany, traversing a wild sterile country, over bad roads and worse bridges, until we reached Sandy-hill, where the noble Hudson bursts upon the view.

From this point to Albany the river is never lost sight of; and a grateful sight the beautiful stream afforded to a sun-dried, half-smothered traveller, to turn from the dusty track and contemplate its cool waters and pleasant groves.

I sincerely pity the heart to which a drive, at such a season, through this valley of the Hudson, brings no gladness. Talk of the beauties of the river from New-York to Albany, when, after all, it is here they are to be found; here where its waters are seen flowing between banks at times richly wooded, towering high and bold; then sinking suddenly, as they sweep for miles a continuous line of natural meadows, whose rich fringe of waving grass drinks for ever of the passing stream.

In many of these places the country puts on a park-like appearance, and you travel by hill and dale and glance down trim-looking slopes, dotted with irregular clumps of ornamental trees of the finest foliage and of all kinds, from the graceful silver ash and the umbrageous butter-nut, to the tall sombre-looking pine, and the wide-spreading elm.

The river itself is as changeful in its aspect as the lovely country through which it flows; in places its whole breadth is occupied by a stony bed over which it leaps along, forming for a mile or so a gentle uniform rapid. At the next turn it is seen freed from all impediment, moving majestically and slowly through deep-cut banks, or circling round some little islet won from the neighbouring plain.

During our journey we crossed the canal which runs near the river frequently, and the Hudson itself twice, by fine covered bridges.

We also passed through several pretty towns; Schuylersville, a beautiful romantic site; Mechanicsville, a bustling thriving place, with a considerable population, and where I noticed a great number of young girls of an appearance remarkably neat. It was Saturday afternoon, labour was passed for the week, and the street and neighbourhood presented an appearance most creditable to the operatives who are here congregated in a lovely neighbourhood.

By the time we reached Waterford it was dark: here we crossed the Hudson, near the Cohoos' Falls; and at Troy were ferried over, back again, coach, horses, a waggon, and a couple of oxen, in a schow, or flat boat, by torchlight.

From our last landing-place to Albany runs a well Macadamized road of noble proportions, and on this our wearied horses appeared to gain fresh courage, for they trotted along nimbly, setting me down at the door of the Eagle shortly after midnight.

Sunday, 14th.—Down the Hudson to New York, where I rested for a few days, intending to embark from this port; but finding the ships of every line crowded, and likely to be crowded for some time to come, I decided, in company with an excellent voyaging companion, who had resolved upon sharing my fortunes, to proceed to Philadelphia, and sail from that place, in the Algonquin packet-ship of the 20th inst. which promised equal comforts with fewer candidates; the length of the Delaware making Philadelphia less popular as a packet-station.



GENERAL IMPRESSIONS

OF THE COUNTRY

AND OF THE AMERICAN PEOPLE.

DEPARTURE.

"Nothing is more common than to hear directly opposite accounts of the same countries; the difference lies not in the reported but the reporter." This observation is strictly correct as a general application, but more especially so when directed to the United States of America, its people, and its institutions, as viewed by Englishmen, whose prejudices, strong at all times, and governing their opinions in all places, are more absolutely freed from restraint and self-suspicion when set loose upon a people directly descended from themselves, and inheriting and retaining their customs and their language.

Discrepancies are here also occasioned in many cases by circumstances over which travellers can have no control, and for whose influence they are no way accountable; hence things are very differently described, not so much from the reporters having taken opposite views of the same objects, but because objects themselves are constantly and rapidly changing their aspects.—Take the following as an instance.

I remember to have read in one of our most distinguished publications a few years back a laboured review of a book on America, wherein the writer found occasion to notice railroads; one of this kind being then in contemplation as an improved medium of communication between New York and Philadelphia.

The able reviewer—for right able he was—must have been either an American or one well acquainted with the face of the country, its trade, the people, their present condition, and future prospects. The statistics of the States in question were at his finger-ends; he produced sound evidence in support of each proposition he advanced; and the argument thus sustained went to prove, beyond all doubt, that the spirit of speculation was in this, as in many other particulars, leading the American people to the verge of madness, and their country to certain bankruptcy. That in leaving their magnificent lakes, their endless rivers, and the smooth waters of their coast,—the highways created by Providence for their use, and amply sufficient for their purposes—to waste their wealth, distract their commercial views, and agitate their politics in the projection of railroads that could never be completed, or, if completed even, would not pay, in our time, the expense of repairs, or endure the severity of the climate; to construct which the material must be imported from England, and after every severe winter would require to be renewed, was, in effect, quitting the substance for the shadow, and, if begun in folly, could not fail to end in ruin and disappointment.

I never in my life perused any article more philosophical in spirit or more conclusive in argument; the scheme was clearly shown not only to be absurd but impracticable, and the projectors proved either to be presumptuous imitators, or men profligately speculating upon the ignorant credulity of their fellow-citizens.

I closed the review, in short, admiring the clear judgment and practical farsightedness of the writer; pitying the Yankees, for whom I cherished a sneaking kindness, and inwardly hoping that this very clever exposition of the folly of their seeking to counteract the manifest designs of Providence, which had so clearly demonstrated their paths, might produce as full conviction on their minds as it had on mine.

Well, I forgot the article and its subject, and was only reminded of it by finding myself one fine day whisking along at the rate of twenty miles an hour over a well-constructed railway, one of a cargo of four hundred souls. The impossibility had, in fact, been achieved; and, in addition to the natural roads offered by Sea, Lake, and River, I found railways twining and locomotives hissing like serpents over the whole continent from Maine to Mississippi: Binding the cold North to the ever-flowing streams of Georgia and Alabama, literally, with bonds of iron, and forming, indeed, the natural roads of a country whose soil and climate would set at nought all the ingenuity of M'Adam, backed by the wealth of Croesus and the flint of Derbyshire to boot.

Now, had such a result been prognosticated only a very few years back, the man whose foresight had led to such a large view of the subject would have been mouthed at as mad all over the American continent, and written down knave or ass, or both, in every practical journal of Europe.

Such great changes constantly agitated, and reduced to practice with a promptitude of which even England, with her wealth, industry, and enterprise, has little notion, make discrepancies between the facts and opinions of rapidly succeeding travellers, for which neither the veracity nor the judgment of the parties can fairly be impugned.

Action here leaves speculation lagging far behind; the improvement once conceived is in operation by such time as the opposing theorist has satisfactorily demonstrated its impracticability; and the dream of to-day is the reality of to-morrow.

I feel, in fact, a difficulty in describing without seeming hyperbole the impressions I daily received, and beheld confirmed by facts, of the extraordinary spirit of movement that appears to impel men and things in this country; this great hive wherein there be no drones; this field in which every man finds place for his plough, and where each hand seems actually employed either "to hold or drive."

For ever wandering about as I was, and visiting, as I frequently did, the same places at intervals again and again, I had occasion to be much struck with a state of things of which I was thus afforded constant evidence: take for instance,

My first journey in Sept. 1833, between New York and Philadelphia, was by steam-boat and railway, having cars drawn by horses over thirty-five miles, which thus occupied five hours and a half. In October of the same year I did the same distance by locomotive in two hours. When first I visited Boston, the journey was performed in twenty-four hours, by steamer to Providence, thence to Boston by stage; the same distance now occupies fifteen hours, a railway having been last spring put in operation between Providence and Boston.

Again, in 1834, the traveller had but one rough route from Philadelphia to Pittsburg. You can now go a third of the distance by railroad, and, getting into a canal-boat, are dragged over the Alleghany mountains, through a series of locks not to be surpassed for strength or ingenuity of contrivance.

In 1833, the journey from Augusta, Georgia, to New York was an affair of eleven or twelve days; it is now performed in three. Steam and railroad are, in fact, annihilating time and space in this country. In proof of it, I can safely assert that if a traveller visiting the South-west, say, from Savannah to New Orleans, will be at the trouble of recollecting this book in the year 1837, he will find the account of the difficulties of my journey extremely amusing; since, in all human probability, he will perform that in five days, which took me, with hard labour, perseverance, discomfort, not to say, some peril of life or limb, just eighteen.

It is these revolutions, and such as these, that form the true wonders of this country; that stimulate curiosity, excite interest, and well repay the labour of any voyager embued with a grain of intelligence or observation, to say nothing of philosophy.

It is to these results, their causes, and their immediate and probable effects, his mind's eye will be irresistibly drawn, not to spitting-boxes, tobacco, two-pronged forks, or other conventional bagatelles, the particulars of each of which, as a solecism in polite manners, can be corrected and canvassed by any waiter from the London Tavern, Ludgate Street, and by every grisette from America Square to Brompton Terrace, who may choose to display their acquired gentility "for the nonce;" and it is the absence of a spirit of philosophy generally in our writers, and this affectation of prating so like waiting-gentlewomen, that stings Americans, and with some show of reason, when they see the great labours of their young country with the efforts of its people passed lightly by, and trifles caught up and commented upon, whose importance they cannot comprehend, and which they have neither leisure nor example to alter or attend to.

After much and close observation, I say fearlessly, that, in all conventional points, good society in the States is equal to the best provincial circles in England. The absence of a court, together with the calls of business, necessarily preclude the possibility of any class acquiring that grace of repose, that perfection of ease, which cultivation, example, and a conscious knowledge of the world gives to the beau-monde of Europe; on the other hand, in the absence of this, you are seldom pestered with the second-hand ladies'-maid airs of your pretenders to exclusive gentility, so common amongst Europeans.

The great mass of Americans are natural, therefore rarely vulgar; and if a freshness of spirits, and an entire freedom from suspicion and the many guards which ill-bred jealousy draws around the objects of its care, may be viewed, as indeed they ought to be, as proofs of high feeling and true culture, then are the men of America arrived at a point of civilization at once creditable to themselves and honourable to their women, as nothing can be more perfectly unrestrained than the freedom enjoyed in all good families here. Strangers once introduced find every house at all times open to them, and the most frequent visits neither create surprise nor give rise to suspicion.

Hospitality is inculcated and practised, and the people entertain with a liberality bordering on profuseness: the merit of this is enhanced by the great trouble the absence of good domestics entails on the mistress of even the best establishments. Ladies are here invariably their own housekeepers, yet, nowhere is the stranger more warmly welcomed, and in no country is more cheerful readiness evinced in preparing for his entertainment.

The hand of welcome is also extended and sympathy encouraged towards the persecuted, whether of fortune or despotism. The exile is sure to find shelter and security here, without encountering suspicion, whether necessity or choice induced him to abandon his country.

Honoured be the land which offers to the stranger a free participation, on equal terms, of all it holds dearest! Hallowed be the institutions which hold out to talent a free field, and where honest ambition knows no limit save the equal law!

I shall ever love America for the happy home it has proved to the provident amongst the exiles from Ireland. In almost every part of the land, they form an important portion of the freemen of the soil. If, on becoming American, they have not at all times ceased to be Irish in that full degree the political economist would desire, there are many allowances to be made for them.

Let it not be considered an unpardonable enormity that the poor Irishman runs a little riot when suddenly and wholly freed from the heavy clog by which the exhibition of his opinions has been restrained at home. It is not surprising that those who have been for life hoodwinked should fail to see clearly for themselves in all cases; or that, falling upon interested guides, they are occasionally led astray.

Wayward and wilful I will admit them sometimes to be, and in evil hands their misdirected energies may for a time become the instruments of evil. Mistaken in judgment they may often be, for such is the lot of humanity, but regardless of right and justice they seldom are, and ungrateful or ungenerous they cannot be. The evidence of their native spirit of enterprise is found in their daily braving destitution in the hope of bettering their hard lot. Their hatred of oppression is proved by their ill-directed, but constant struggles for equal rights; and, if kind-heartedness and charity cover a multitude of sins, no people on earth can justly claim a larger stock. In illustration of which I will present one proof out of the many I possess, because it will at once serve as an illustration of my assertion, and gratify those who love to contemplate the bright side of poor humanity.

The following statement was enclosed to me by an excellent Quaker, one of the partners of the house from whose books the document is extracted, with a letter which I need not insert here, but will add, that the statement is incontrovertible.

"From the 1st of January 1834, to the 1st of May 1835, Abraham Bell and Co. of New York have received from the working classes of Irish emigrants, that is, from common labourers, farm servants, chambermaids, waiters, &c. to remit to their friends and kindred in Ireland, the sum of fifty-five thousand dollars, in amount varying from five dollars upwards. The average amount of the whole number of drafts sent is twenty-eight and a half dollars each." New York, May, 19th, 1835.

There is not a part of the country to which I have wandered, where I did not find that a like gentle recollection of the destitute left at home prevailed. In every large city is some one or more Irish house, which becomes the popular medium through which these offerings of the heart are transmitted to the miserables at home. When it is reflected that the donors are themselves the poorest of the poor, and that often at the close of their first summer, they are found transmitting their earnings to some mother, or aunt, or sister, without providing against or thinking of the severity of approaching winter, no eulogy can be too strong.

"Well, but look, David," remonstrated my kind friend H—— in New Orleans, to a poor fellow who, after three months' hard labour, brought him forty-five dollars to send home, "let me recommend you to keep back ten dollars of this to buy yourself a warm coat; we have a cold month coming, man, and you are ill off for covering."

"It's true for ye, sir," cried Davy, scratching his head, and glancing down at his ragged garments, "bud it's only for a month you'll be havin' cowld here, and the poor crature at home has a long winter to get over, and her as bare as myself, and less able for id. The clothes cost a heap o' money here, too, I find; and if you plase, sir, in the name o' God, send all I have home, and I'll keep off the cowld, when it comes, by workin' the harder."

Instances are constantly occurring of labourers, landing at a good season, going to work though hardly able from weakness, and at the end of their first week bringing three or four dollars to be sent home.

I will not multiply instances, as I might do, nor need I offer further comment. I confess freely that I have a pride in setting this much-enduring class of my countrymen before the English people, who, generous themselves, know how to appreciate good in others. At these times one page of fact is worth a volume of unsupported eulogium. If the present short statement contributes to promoting a kind feeling towards a little known, although much abused class, it will have accomplished the end contemplated, and in doing this, will have served all parties.

Friday, 19th.—After passing four days with my New York friends, on this morning, at six A.M. descended from No. 1; and having bade Mr. Willard a final adieu, quitted the City Hotel, where, during many comings and goings, I had always lodged, and where I had constantly experienced the greatest attention.

Reached Philadelphia, in company with a few kind friends, and found that the Algonquin had that morning dropped down to Newcastle. Made one or two calls, and early to bed.

Saturday, at six A.M. went on board the steamer, and in a couple of hours after got a sight of our ship, at anchor near Newcastle, where we arrived about nine A.M.

Whilst attending upon the arrangement of my baggage on the quay here, a little boy delivered me a parcel. It was directed to me, with the donor's compliments and good wishes.

On opening it, I found it contained a roll of caricatures, together with one of the earliest journals ever printed in Pennsylvania, and a couple of copies of the latest journal started here, being the first number of a Newcastle journal that very day published.

In an hour after, we embarked; and this attention of a stranger was the last kind act of the many courtesies which I have received in this country, which I quit with the feelings of a son of the soil.

After dropping down as far as Delaware city, we anchored for the tide. As it blew fresh, our pilot determined not to weigh before daylight.

Sunday 21st.—On coming from between decks found that we were well out in the bay, a schooner standing for us to take our pilot. I descended to the cabin to write a note or two, and found myself almost involuntarily scribbling verses. 'Tis an odd freak of my fancy, that although never addicted to poetizing, and ordinarily incapable of manufacturing a couplet that will jingle even, I am rarely agitated by any strong feeling, without having a sort of desire to rhyme; luckily the delusion is exceedingly short-lived, and unfrequent in its visitations. The reader shall, however, have all the benefit of my present attempt, as I feel bound to treat him, who may have held on with me thus far, with perfect confidence.



ADIEU.

Written on board Packet Ship Algonquin, Captain Cheney—Bay of Delaware—pilot about to quit the ship—two p.m.—June 21st, 1835.

Adieu, Columbia! I have mark'd thee well, Nor yet for ever do I leave thee now; And busy thoughts of thee my bosom swell, And thronging recollections load my brow: I've pierced, from North to South, thy eternal woods, Have dream'd in fair St. Lawrence' sweetest isle;[5] Have breasted Mississippi's hundred floods, And woo'd, on Alleghany's top, Aurora's smile.

And now we part! The ship is flying fast, Her pathway deck'd with whirling wreaths of foam; And all the swelling sails that bend each mast Obey the flag, which, fluttering, points to "Home!" Home! home! that tender word let me retrace, And bid each letter conjure o'er the sea Some cherish'd wish, and every well-loved face, To banish thought of those from whom I flee.

Yet shame I not to bear an o'er-full heart, Nor blush to turn behind my tearful eyes: 'Tis from no stranger-land I now depart: 'Tis to no strangers left I yield these sighs. Welcome and home were mine within the land Whose sons I leave, whose fading shore I see; And cold must be mine eyes, and heart, and hand, When, fair Columbia! they turn cold to thee.

At three P.M. our pilot quitted us; by four we had lost sight of the coast of Jersey, and, with a flowing sheet, were bounding over the Atlantic. Except a week's bad weather on the Banks of Newfoundland, this was a most delightful passage. No ship could be better found than the Algonquin, and no man more solicitous about the comfort of his passengers than the excellent Captain Cheney.

On July the 14th we made Cape Clear; and on the 16th I once more entered the Mersey, about the same hour, and on the same day of the month, in which I had left it two years before; and to make the coincidence more striking, we passed the Europe, in which I had gone out, so close, as she quitted the harbour, that our letters for America were tossed on board.

FOOTNOTE:

[5] St. Helen's.



APPENDIX.

The following extracts from Reports of the War Minister, and of the Indian Department, can hardly fail to prove interesting, as they describe correctly the condition of this people, and the care taken for their future security by the American Government. The Reports are authentic, and are taken from an excellent work, the National Calendar for the Year 1835.

REPORT OF THE SECRETARY OF WAR.

SIR, Since my last annual report, no military movement of any importance, with the exception of the expedition of the regiment of dragoons, has been rendered necessary.

It is known to you that some of the Western tribes of Indians, roaming through the extensive prairies west of Arkansas and Missouri, particularly the Camanches and Kiowas, have, for some years, interrupted the peace of that quarter, by predatory attacks upon our citizens, and upon the indigenous and emigrant Indians whom we are under obligations to protect. Their war parties have annoyed our citizens in their intercourse with the Mexican States, and have rendered the communication difficult and hazardous. It became necessary to put a stop to this state of things, either by amicable representations, or by force. Those remote tribes have little knowledge of the strength of the United States, or of their own relative weakness; and it was hoped that the display of a respectable military force for the first time in their country, would satisfy them that further hostilities would lead to their destruction. The dragoons, being peculiarly adapted to this service, were ordered to penetrate into that region, and to endeavour, by peaceable remonstrances, to establish permanent tranquillity; and, if these should fail, to repel any hostile demonstrations which might be made. Fortunately, the efforts to introduce amicable relations were successful, and the object of the expedition was obtained, without a single act of hostility. Colonel Dodge, who led the expedition, and his whole command, appear to have performed their duties in the most satisfactory manner; and they encountered with firmness the privations incident to the harassing service upon which they were ordered. It is to be regretted that the prevalence of sickness prevented the whole regiment from joining in this duty, as the same zeal for the public interest pervaded the whole. That sickness deprived the country of some valuable lives, and, among others, of Brigadier General Leavenworth. Impelled by his anxiety to forward the views of the government, he exposed himself, while yet weak, to the hardships of a border campaign, and sunk under the malady which these induced. His high personal character, his services during the late war, and his exemplary official conduct since, are too well known to you to require from me anything more than this brief allusion to his worth and fate.

The commission for the adjustment of unsettled relations with the Indians west of the Mississippi, terminated by the provisions of the act instituting it, in July last. Important benefits have resulted from the labours of the commissioners in the adjustment of difficult questions connected with the Indians of that region, and in the treaty arrangements which have been entered into by them. The country assigned for the permanent residence of the eastern Indians has been so apportioned among them, that little difficulty is anticipated from conflicting claims, or from doubtful boundaries; and, both in quality and extent, there can be no doubt but that the region allotted to them will be amply sufficient for their comfortable subsistence during an indefinite period of time.

An important council has been held at Fort Gibson, by Colonel Dodge, and by Major Armstrong, the superintendent of Indian affairs, with the chiefs of several of the tribes of that quarter, including some of the wandering bands, whose predatory operations have heretofore kept the frontier in alarm. At this council, the situation of the Indians was fully discussed, and amicable relations established. It is to be hoped that the feelings with which they separated will be permanent, and their intercourse hereafter uninterrupted.

The united tribe of Pottawatamies, Ottawas, and Chippewas, possessing the country in the vicinity of Chicago, have conditionally acceded to the alteration proposed in the boundaries of the tract assigned for them west of the Mississippi, by the treaty concluded in 1833. Should their proposition be accepted, an extensive and valuable region will be opened for settlement, and they will be removed to a district whose climate is suitable to their habits, and whose other advantages cannot fail to offer them strong inducements for moral and physical improvement.

An arrangement has been made with the Miamies for the cession of a part of their reservation in the State of Indiana. The tracts held by them are far more extensive than they require; and as they appear to be not yet prepared for removal, this relinquishment, without injuring them, will relieve the State, in some measure, from the embarrassment caused by such large reservations as they possess, embracing a most valuable part of the country, and interrupting the settlements and communication.

Instructions were given, immediately after the last session of Congress, for purchasing from the Wyandots in Ohio, if they were disposed to sell, the reservation secured to them in that state, and for their removal to the west. The commissioner, Governor Lucas, conducted the negotiation with great fairness and propriety, fully explaining to the Indians their own position, the wishes of the government, and the course of circumstances urging their removal. The matter is not yet terminated, the Indians having requested time for further consideration.

The necessary appropriations will be asked for the removal of the Seminoles, agreeably to the treaty formed with them; and arrangements have been made for the emigration of the Creeks, as fast as they are prepared for a change of residence. There has not yet been sufficient time to ascertain the result of these measures.

I am not able to submit to you any more favourable views of the condition of the Cherokees than were embraced in my last annual report. While every dictate of prudence, and, in fact, of self-preservation, urges their removal, unhappy councils and internal divisions prevent the adoption of that course. Where they are, they are declining, and must decline; while that portion of the tribe which is established in the west, is realizing the benefits which were expected to result from a change of position. The system of removal, however, by enrolment, is going on, and during this season about one thousand persons have passed to the west.

The treaty concluded the 24th of May last, with the Chickasaws, has altered the relations in which they were placed with the United States. The proceeds derivable from a portion of their present possessions have been assigned to them, and reservations have also been provided for such as choose to become citizens of the United States. Their future condition now depends upon their own views and experience, as they have a right to remain or remove, in conformity with their own judgment. The means placed at their disposal are fully adequate to their permanent comfortable establishment, and it is to be sincerely hoped that they will apply them wisely.

The acts of the last session of Congress, on the subject of Indian affairs, have introduced important changes into those relations. Many of the provisions of former laws had become inappropriate or inadequate, and not suited to the changes which time and circumstances had made. In the act regulating the intercourse with the various tribes, the principles of intercommunication with them are laid down, and the necessary details provided. In that for the re-organization of the department, the number of officers employed has been much reduced, and the current expenses diminished.

Any changes which experience may show to be necessary in these acts, can from time to time be provided, until they shall become fully adapted to the situation and condition of the Indians, and to the intercourse, both commercial and political, which ought to exist between them and our government and citizens. The system of removal has changed essentially the prospects of the emigrants, and has imposed new obligations upon the United States. A vast tract of country, containing much more than one hundred millions of acres, has been set apart for the permanent residence of these Indians, and already about thirty thousand have been removed to it. The government is under treaty stipulations to remove nearly fifty thousand others to the same region, including the Illinois and Lake Michigan Indians, with whom a conditional arrangement has been made. This extensive district, embracing a great variety of soil and climate, has been divided among the several tribes, and definite boundaries assigned to each. They will there be brought into juxta-position with one another, and also into contact, and possibly into collision, with the native tribes of that country; and it seems highly desirable that some plan should be adopted for the regulation of the intercourse among these divided communities, and for the exercise of a general power of supervision over them, so far as these objects can be effected consistently with the power of Congress, and with the various treaty stipulations existing with them. It is difficult, indeed, to conceive how peace can be preserved, and the guaranty of protection held out to the eastern Indians fulfilled, without some legislative provision upon this subject. LEW. CASS.

CONDITION OF THE ARMY.

Extract from the Report of the Major-General of the Army.

Since my last annual report, the five companies of the regiment of dragoons, which remained to be raised, have been recruited; and, after having been organized at Jefferson barracks, they took up their march to Fort Gibson, where the head-quarters of the regiment were established, preparatory to entering the Indian country, in conformity to your instructions.

In consequence of the lateness of the arrival of these companies at Fort Gibson, and a variety of unforeseen difficulties in obtaining the proper arms and equipments for the regiment, the movement to the west was delayed until the 15th of June.

In the mean time, General Leavenworth, who had been appointed to the command of the troops on the western frontier, south of the northern boundary of the State of Missouri, detached one company of that regiment as an escort to the caravan of traders to Santa Fe, in Mexico. He also employed detachments of the third and seventh regiments of infantry in opening roads between the posts on the Arkansas and Red rivers, and in establishing new posts beyond the settlements of the emigrated Indians, for the purpose of facilitating the movements of the expedition, and covering the country occupied by those Indians, in the event of a failure to secure a friendly intercourse with the wild tribes inhabiting the country beyond them.

These arrangements having been made, the expedition, consisting of nine companies, under Colonel Dodge, was put in motion, accompanied by a deputation from the several tribes of friendly Indians, to act as guides and interpreters, and to aid in bringing about a general good understanding between the several nations; and in order that the friendly intercourse might be further promoted, two Indian girls, the one a Pawnee, and the other a Kiowa, who had been captured by the Osages, also accompanied the expedition for the purpose of being delivered to their friends.

Owing to the sickness which prevailed among the troops, the command, on reaching the river Washita, about one hundred and eighty miles west of Fort Gibson, was so much reduced as to render a re-organization of the companies necessary. Colonel Dodge accordingly, out of the effective force, formed six companies, each forty-two strong, and, under instructions from General Leavenworth, continued his march to the Pawnee village, situated on a branch of the Red river. Here Colonel Dodge held a council with the Camanches, the Pawnees, (or Toyaslas,) the Kiowas, and the deputation of Indians which accompanied him, amounting in all to about two thousand persons. He explained the object of the expedition, and was instrumental in bringing about a friendly intercourse between several hostile tribes. He also obtained the surrender of the son of a Mr. Martin, an American citizen, who had been murdered by the Indians, and of a black boy captured by them. A more particular account of the interview between Colonel Dodge and the assembled tribes will be found in the journal of the expedition, annexed to this report.

After delivering the two Indian girls to their parents, Colonel Dodge, accompanied by several of the chiefs of the Camanches, Pawnees, and Kiowas, returned with his command to Fort Gibson, whence the regiment proceeded to take up the positions previously fixed on. Four companies, under Colonel Dodge, marched to Fort Leavenworth, on the Missouri; three companies, under Lieutenant-colonel Kearney, to the Des Moines; and three, under Major Mason, to a point on the Arkansas, about eighty miles above Fort Gibson. These companies have arrived at their destinations, and are engaged in preparing their winter quarters.

INDIAN AFFAIRS.

Operations under the Indian Department during the year 1834.

Measures have been adopted for the execution of the several treaties with the Cherokees, Creeks, Seminoles, Appalachicolas, Quapaws, the united bands of Otoes and Missourias of the river Platte, and the four confederated bands of Pawnees of the Platte and the Loup Fork, all of which were ratified at the last session of Congress. Preparatory steps have also been taken for the removal of the Creeks and Seminoles, and it is expected that a considerable portion of those tribes will be removed beyond the Mississippi during the ensuing season, and find a happier home in the domains set apart for their residence, under the guaranty of the United States.

In pursuance of instructions from the department, General William Marshall, Indian agent for the Miamies, opened a negotiation recently with the chiefs of that tribe, for the purchase of their land in the State of Indiana. He has succeeded in procuring from them a cession of two hundred thousand acres, on terms advantageous to themselves and the United States. It may be considered the precursor to a total cession of their remaining land in that State, and their consequent emigration to the western territory; a result desirable in many respects, especially connected with advantages to a portion of our citizens, and doubly gratifying from its being compatible with the best interests of the tribe.

The alteration proposed by a resolution of the Senate at the last session of Congress, in the boundaries of the land granted by the Chicago treaty of 1833 to the united nation of Chippewa, Ottawa, and Pottawatamie Indians, has received their assent under certain modifications, specified in their agreement of the 1st of October last.

No material alteration has taken place during the past year in the condition of the Cherokees. The question of emigration finds them still divided, and a considerable portion appear to be insensible of the manifest benefits accruing from its adoption. Without tolerable unanimity, it is impossible to proceed with it advantageously to all parties interested in the general issue. In the mean time, the division has engendered much malignancy, and the opposing parties appear to evince a rancour bordering on hostility. Occasionally their animosity has broken out into acts of violence, and, in one instance, resulted in the death of a very meritorious and much regretted individual. On his return from their National Council at Red Clay, in August last, where the question of emigration was agitated in a tumultuous and excited meeting, John Walker, jun. one of their leading men friendly to its adoption, was waylaid and shot. The necessary orders for the arrest of the assassins were promptly issued by Governor Carroll, the present executive of Tennessee. Several persons are now in confinement on a charge of having taken part in the murder. Should the occasion call for it, the military will be ordered out for the protection of those who decide on emigration, and of the emigrating officers of the government engaged in this hazardous and responsible service.

A negotiation has been commenced by Governor Lucas, of Ohio, with the band of Wyandots in that State, for a cession of their remaining land, and their removal to the west of the Mississippi; and recent communications furnish strong grounds of belief that under his judicious management it will be eventually brought to a successful close.

The expedition to the far West, under the command of General Leavenworth, undertaken in compliance with orders from the War Department, for the objects therein detailed, proceeded on its route through regions almost unknown, and amid difficulties of the most perplexing nature. In consequence of the death of that brave and lamented officer while in the performance of duty, the command devolved on Colonel Dodge, who returned with the expedition to Fort Gibson, bringing along a number of the chiefs of the Pawnee and Kioway Indians,—bold and warlike tribes, who have entertained no very friendly feelings towards our citizens, between whom and them there had hitherto been but little intercourse. These tribes being borderers on the newly occupied Indian territories, it became imperative to repress their hostile disposition, under the guaranty of the United States to afford adequate protection to the emigrating Indians.

With the view of establishing pacific relations between these and other tribes, a general council was held under the auspices of Colonel Dodge and Major F. W. Armstrong, which resulted in mutual engagements of peace and friendship, fortified by proper intimations on the part of those officers, on behalf of their government, of support to the injured, and punishment to aggressors.

At the general council, impressive speeches were delivered by several chiefs of the Creek, Cherokee, Osage, and Choctaw tribes. In their addresses to the warlike chiefs then assembled, they took occasion substantially to observe, "that their people had opened their ears to the advice which had been given to them, and adopted the habits of the white man, and that by so doing they had become peaceful, prosperous, and happy; that they had relinquished the chase, and cultivated the earth, and that by becoming agricultural they lived in peace, and in the enjoyment of abundance; and that the same inestimable benefits would assuredly await all the tribes who would walk in the same path."

The duties and services of the commissioners west have closed by the expiration of their commission, according to the provisions of the act under which they were appointed. Great benefit has resulted to the various tribes by virtue of their mission. Important treaties were concluded by them, existing divisions were healed, difficulties that threatened collision were settled, and a spirit of peace and conciliation was infused among the Indians through their instrumentality.

There is little mention to be made of Indian hostilities during the past year: they have been few, and those not of an aggravated nature. A steady and onward course is observable among the Indian tribes towards the grand point of civilization. Their long imputed indomitable spirit of revenge, and their eager thirst for war, have undergone a sensible change in the process of meliorating circumstances. The happiest consequences may be anticipated from extending the means of tuition among their young people, from the introduction of mechanical arts into the different tribes, and from the increased attention bestowed on agricultural pursuits, under the patronage of government, throughout the territories of emigration; nor can the gratuitous but useful labours of the missionary, and the inculcation of the pure doctrines of Christianity, be overlooked in the enumeration of means that are conducing to the great end so precious in the sight of the philanthropist, and so dear to the finest sympathies of our nature—the transformation from the cold and barren confines of savage life to the sunny and fertile regions of civilization and religion.

INDIAN SCHOOLS.

The annual donation to the Baptist General Convention is 2,000 dol.; to the American Board of Foreign Missions, 2,200 dol.; to the Roman Catholic Church, 1,300 dol.; to the Methodist Episcopal Church, 400 dol. Other donations are made, upon representations entitled to favourable consideration.

The number of Indian children receiving instruction at the different schools is eighteen hundred. Exclusively of these, there are one hundred and fifty-six Indian scholars at the Choctaw academy in Kentucky, the expense of whose education is defrayed from funds appropriated by the Indians themselves, under treaty provisions with different tribes for this particular object. The flourishing condition of this academy furnishes the best evidence of the sound views and philanthropic motives of those with whom it originated, and leaves the question of Indian improvement in letters and morals upon the social basis no longer doubtful.

Statement, showing the number of Indian Schools, where established, by whom, the number of teachers and pupils, and the amount allowed by the Government.

- Names of tribes. By whom established. No. of No. of Amount teachers. pupils. allowed. - - Mohegan, Connecticut, 1 22 500 [6]Senecas, New York, Baptist Gen'l Convention, 4 140 200 Tuscaroras, do. do. do. 2 71 [6]Ottawas, Michigan do. do. 3 40 450 Territory Chippewas, do. do. do. 3 48 [6]Cherokees, North do. do. 2 21 600 Carolina, Menomonies, Michigan, Protestant Episcl. Church, 5 66 500 Winnebagoes, do. ) Menomonies, do. } Catholic Church, 3 150 1000 Ottawas, do. ) Shawanees west of Methodist Episcl. Church, 3 27 Mississippi, Delawares, do. do. do. 2 23 Peorias, do. do. do. 2 18 Kickapoos, do. do. do. 2 70 Cherokees, do. Baptist Gen'l Convention, 2 25 [7]Creeks, do. do. do. 4 38 721 -

FOOTNOTES:

[6] The Convention also support one district school among the Ottawas and Cherokees, and three among the Senecas.

[7] Two of these teachers are natives.

Statement showing the amount and disposition of the funds provided by treaties for purposes of education.

Tribes. Date of treaty. Amount. Disposition of the funds. Miamies, Oct. 23, 1826 2,000 00 Choctaw Academy. Pottawatamies, Oct. 16, 1826 2,000 00 do. Do. Sept. 20, 1828 1,000 00 do. Do. Oct. 27, 1832 2,000 00 do. Winnebagoes, Sept. 15, 1832 3,000 00 School, Prairie du Chien. Chippewas, Sept. 24, 1819 1,000 00 Baptist Gen. Convention. Chippewas, } Aug. 11, 1827 1,500 00 Protestant Epis. Church. Menomonies, &c.} Menomonies, Feb. 8, 1831 500 00 do. Sacs, Foxes, & others, July 15, 1830 3,000 00 Choctaw Academy. Kickapoes, Oct. 24, 1822 500 00 School in the nation. Shawanees & Delawa's, Oct. 26, 1832 500 00 do. Choctaws, Sept. 27, 1830 12,500 00 do. Creeks, east, Mar. 24, 1832 3,000 00 Choctaw Academy. Cherokees, west, May 6, 1828 2,000 00 School in the nation. Floridas, Sept. 18, 1823 1,000 00 Choctaw Academy. Creeks, Feb. 14, 1833 1,000 00 do. Quapaws, May 13, 1833 1,000 00 Not disposed of. Otoes and Missourias, Sept. 21, 1833 500 00 do. Pawnees, Oct. 9, 1833 1,000 00 do. Chickasaws, May 24, 1834 3,000 00 Choctaw Academy.

These tables exhibit the number of teachers and pupils at the schools, of the condition of which reports have been received.

In all of them instruction is imparted in reading, writing, arithmetic, and geography. At many of them the boys are initiated in branches of the mechanic arts, and cultivate the soil. At the Tuscarora station, in New York, tuition is imparted on the plan adopted for infant schools, and with marked success. The temperance society contains eighty members, the sabbath school thirty pupils, and fifty are united to the church. The children at the Mohegan school, in Connecticut, are employed on farms cultivated by natives: others of the youth of this band enter on board the ships in the whale fishery: and, as an indication of a spirit of enterprise and industry, the wish of some to cultivate the mulberry-tree, with a view to the establishment of a silk manufactory, may be cited.

The American Board of Foreign Missions propose to print at the Union station, in the Cherokee country west of the Mississippi, books in the languages of the Cherokees, Creeks, Choctaws, and Osages; and the Rev. Mr. M'Coy, under the auspices of the Baptist General Convention, has issued proposals for publishing a semi-monthly periodical at the Shawanee mission, three hundred miles west of St. Louis. Several books have been printed at this press in the languages of the different tribes. The object of Mr. M'Coy and his associates is to furnish historical sketches of past, and notices of present occurrences, including the transactions of the general government and of societies.

The Choctaw academy, in Kentucky, contains one hundred and fifty-six pupils; this number will be increased by fifteen Chickasaws, as the chiefs of that tribe have recently requested their education money might be expended at this institution. The inspectors, in their last report, represent the academy to be in a highly prosperous condition; the buildings erected to be upon a plan convenient and economical; the provision made for the comfort and health of the scholars to be liberal; and the care taken to promote their moral and intellectual advancement kind and parental. The buildings and school apparatus are valued at eight thousand dollars. The cost of winter clothing for each scholar is estimated at forty-six dollars and twenty-two cents, of the summer clothing at thirty-one dollars and eighty-six cents. This academy, conducted judiciously, will, at no distant day, send forth scholars competent to teach others, and thus accomplish the object of Congress, indicated by its legislation at the last session.

Upon the recommendation of two members of Congress, aid has been rendered to Morris B. Pierce, a Seneca, who is now at Thetford academy, Vermont, fitting himself to enter Dartmouth college, in New Hampshire.

* * * * *

An Act to regulate trade and intercourse with the Indian Tribes, and to preserve peace on the frontiers.

SEC. 1. Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That all that part of the United States west of the Mississippi, and not within the States of Missouri and Louisiana, or the Territory of Arkansas, and also that part of the United States east of the Mississippi river, and not within any state to which the Indian title has not been extinguished, for the purposes of this act, be taken and deemed to be the Indian country.

SEC. 2. And be it further enacted, That no person shall be permitted to trade with any of the Indians (in the Indian country) without a licence therefor from a superintendent of Indian affairs, or Indian agent or sub-agent, which licence shall be issued for a term not exceeding two years for the tribes east of the Mississippi, and not exceeding three years for the tribes west of that river: and the person applying for such licence shall give bond in a penal sum not exceeding five thousand dollars, with one or more sureties, to be approved by the person issuing the same, conditioned that such person will faithfully observe all the laws and regulations made for the government of trade and intercourse with the Indian tribes, and in no respect violate the same. And the superintendent of the district shall have power to revoke and cancel the same, whenever the person licensed shall, in his opinion, have transgressed any of the laws or regulations provided for the government of trade and intercourse with the Indian tribes, or that it would be improper to permit him to remain in the Indian country; and no trade with the said tribes shall be carried on within their boundary, except at certain suitable and convenient places, to be designated from time to time by the superintendents, agents, and sub-agents, and to be inserted in the licence; and it shall be the duty of the persons granting or revoking such licences, forthwith to report the same to the Commissioner of Indian Affairs, for his approval or disapproval.

SEC. 3. And be it further enacted, That any superintendent or agent may refuse an application for a licence to trade, if he is satisfied that the applicant is a person of bad character, or that it would be improper to permit him to reside in the Indian country, or if a licence previously granted to such applicant has been revoked, or a forfeiture of his bond decreed. But an appeal may be had from the agent or the superintendent, to the Commissioner of Indian Affairs; and the President of the United States shall be authorized, whenever in his opinion the public interest may require the same, to prohibit the introduction of goods, or of any particular article, into the country belonging to any Indian tribe, and to direct all licences to trade with such tribe to be revoked, and all applications therefor to be rejected; and no trader to any other tribe shall, so long as such prohibition may continue, trade with any Indians of or for the tribe against which such prohibition is issued.

SEC. 4. And be it further enacted, That any person other than an Indian who shall attempt to reside in the Indian country as a trader, or to introduce goods, or to trade therein without such licence, shall forfeit all merchandize offered for sale to the Indians, or found in his possession, and shall moreover forfeit and pay the sum of five hundred dollars.

SEC. 5. And be it further enacted, That no licence to trade with the Indians shall be granted to any persons except citizens of the United States: Provided, That the President shall be authorized to allow the employment of foreign boatmen and interpreters, under such regulations as he may prescribe.

SEC. 6. And be it further enacted, That if a foreigner shall go into the Indian country without a passport from the War Department, the superintendent, agent, or sub-agent of Indian affairs, or from the officer of the United States commanding the nearest military post on the frontiers, or shall remain intentionally therein after the expiration of such passport, he shall forfeit and pay the sum of one thousand dollars; and such passport shall express the object of such person, the time he is allowed to remain, and the route he is to travel.

SEC. 7. And be it further enacted, That if any person other than an Indian shall, within the Indian country, purchase or receive of any Indian, in the way of barter, trade, or pledge, a gun, trap, or other article commonly used in hunting, any instrument of husbandry or cooking utensils of the kind commonly obtained by the Indians in their intercourse with the white people, or any other article of clothing except skins or furs, he shall forfeit and pay the sum of fifty dollars.

SEC. 8. And be it further enacted, That if any person other than an Indian, shall, within the limits of any tribe with whom the United States shall have existing treaties, hunt, or trap, or take and destroy, any peltries or game, except for subsistence, in the Indian country, such person shall forfeit the sum of five hundred dollars, and forfeit all the traps, guns, and ammunition in his possession, used or procured to be used for that purpose, and peltries so taken.

SEC. 9. And be it further enacted, That if any person shall drive, or otherwise convey, any stock of horses, mules, or cattle, to range and feed on any land belonging to an Indian or Indian tribe without the consent of such tribe, such person shall forfeit the sum of one dollar for each animal of such stock.

SEC. 10. And be it further enacted, That the superintendent of Indian affairs, and Indian agents and sub-agents, shall have authority to remove from the Indian country all persons found therein contrary to law; and the President of the United States is authorized to direct the military force to be employed in such removal.

SEC. 11. And be it further enacted, That if any person shall make a settlement on any lands belonging, secured, or granted by treaty with the United States to any Indian tribe, or shall survey or shall attempt to survey such lands, or designate any of the boundaries by marking trees or otherwise, such offender shall forfeit and pay the sum of one thousand dollars. And it shall, moreover, be lawful for the President of the United States to take such measures, and to employ such military force, as he may judge necessary to remove from the lands as aforesaid any such person as aforesaid.

SEC. 12. And be it further enacted, That no purchase, grant, lease, or other conveyance of lands, or of any title or claim thereto, from an Indian nation or tribe of Indians, shall be of any validity in law or equity, unless the same be made by treaty or convention entered into pursuant to the constitution. And if any person, not employed under the authority of the United States, shall attempt to negotiate such treaty or convention, directly or indirectly, to treat with any such nation or tribe of Indians for the title or purchase of any lands by them held or claimed, such person shall forfeit and pay one thousand dollars: Provided, nevertheless, That it shall be lawful for the agent or agents of any state who may be present at any treaty held with Indians under the authority of the United States, in the presence and with the approbation of the commissioner or commissioners of the United States appointed to hold the same, to propose to and adjust with the Indians the compensation to be made for their claim to lands within such state which shall be extinguished by treaty.

SEC. 13. And be it further enacted, That if any citizen, or other person residing within the United States or the territory thereof, shall send any talk, speech, message, or letter to any Indian nation, tribe, chief, or individual, with an intent to produce a contravention or infraction of any treaty or other law of the United States, or to disturb the peace and tranquillity of the United States, he shall forfeit and pay the sum of two thousand dollars.

SEC. 14. And be it further enacted, That if any citizen, or other person, shall carry or deliver any such talk, message, speech, or letter, to or from any Indian nation, tribe, chief, or individual, from or to any person or persons whatsoever residing within the United States, or from or to any subject, citizen, or agent of any foreign power or state, knowing the contents thereof, he shall forfeit and pay the sum of one thousand dollars.

SEC. 15. And be it further enacted, That if any citizen or other person residing or living among the Indians, or elsewhere, within the territory of the United States, shall carry on a correspondence, by letter or otherwise, with any foreign nation or power, with an intent to induce such foreign nation or power to excite any Indian nation, tribe, chief, or individual to war against the United States, or to the violation of any existing treaty; or in case any citizen or other person shall alienate, or attempt to alienate, the confidence of any Indian or Indians from the government of the United States, he shall forfeit the sum of one thousand dollars.

SEC. 16. And be it further enacted, That where, in the commission, by a white person, of any crime, offence, or misdemeanor, within the Indian country, the property of any friendly Indian is taken, injured, or destroyed, and a conviction is had for such crime, offence, or misdemeanor, the person so convicted shall be sentenced to pay to such friendly Indian to whom the property may belong, or whose person may be injured, a sum equal to twice the just value of the property so taken, injured, or destroyed. And if such offender shall be unable to pay a sum at least equal to the just value or amount, whatever such payment shall fall short of the same shall be paid out of the treasury of the United States: Provided, That no such Indian shall be entitled to any payment, out of the treasury of the United States, for any such property, if he, or any of the nation to which he belongs, shall have sought private revenge, or attempted to obtain satisfaction by any force or violence: And provided also, That if such offender cannot be apprehended and brought to trial, the amount of such property shall be paid out of the treasury, as aforesaid.

SEC. 17. And be it further enacted, That if any Indian or Indians, belonging to any tribe in amity with the United States, shall, within the Indian country, take or destroy the property of any person lawfully within such country, or shall pass from the Indian country into any state or territory inhabited by citizens of the United States, and there take, steal, or destroy any horse, horses, or other property belonging to any citizen or inhabitant of the United States, such citizen or inhabitant, his representative, attorney, or agent, may make application to the proper superintendent, agent, or sub-agent, who, upon being furnished with the necessary documents and proofs, shall, under the direction of the President, make application to the nation or tribe to which said Indian or Indians shall belong, for satisfaction; and if such nation or tribe shall neglect or refuse to make satisfaction in a reasonable time, not exceeding twelve months, it shall be the duty of such superintendent, agent, or sub-agent, to make return of his doings to the Commissioner of Indian affairs, that such further steps may be taken as shall be proper, in the opinion of the President, to obtain satisfaction for the injury; and, in the mean time, in respect to the property so taken, stolen, or destroyed, the United States guaranty to the party so injured an eventual indemnification: Provided, That if such injured party, his representative, attorney, or agent, shall, in any way violate any of the provisions of this act, by seeking or attempting to obtain private satisfaction or revenge, he shall forfeit all claim upon the United States for such indemnification: And provided also, That, unless such claim shall be presented within three years after the commission of the injury, the same shall be barred. And if the nation or tribe to which such Indian may belong, receive an annuity from the United States, such claim shall, at the next payment of the annuity, be deducted therefrom, and paid to the party injured; and if no annuity is payable to such nation or tribe, then the amount of the claim shall be paid from the treasury of the United States: Provided, That nothing herein contained shall prevent the legal apprehension and punishment of any Indians having so offended.

SEC. 18. And be it further enacted, That the superintendents, agents, and sub-agents, within their respective districts, be and are hereby authorized and empowered to take depositions of witnesses touching any depredations within the purview of the two preceding sections of this act, and to administer an oath to the deponents.

SEC. 19. And be it further enacted, That it shall be the duty of the superintendents, agents, and sub-agents to endeavour to procure the arrest and trial of all Indians accused of committing any crime, offence, or misdemeanor, and all other persons who may have committed crimes or offences within any state or territory, and have fled into the Indian country, either by demanding the same of the chiefs of the proper tribe, or by such other means as the President may authorize; and the President may direct the military force of the United States to be employed in the apprehension of such Indians, and also in preventing or terminating hostilities between any of the Indian tribes.

SEC. 20. And be it further enacted, That if any person shall sell, exchange, or give, barter, or dispose of any spirituous liquor or wine to an Indian, (in the Indian country,) such person shall forfeit and pay the sum of five hundred dollars; and if any person shall introduce, or attempt to introduce, any spirituous liquor or wine into the Indian country, except such supplies as shall be necessary for the officers of the United States and troops of the service, under the direction of the War Department, such person shall forfeit and pay a sum not exceeding three hundred dollars; and if any superintendent of Indian affairs, Indian agent, or sub-agent, or commanding officer of a military post, has reason to suspect, or is informed, that any white person or Indian is about to introduce, or has introduced, any spirituous liquor or wine into the Indian country, in violation of the provisions of this section, it shall be lawful for such superintendent, Indian agent, or sub-agent, or military officer, agreeably to such regulations as may be established by the President of the United States, to cause the boats, stores, packages, and places of deposite of such person to be searched; and if any such spirituous liquor or wine is found, the goods, boats, packages, and peltries of such persons shall be seized and delivered to the proper officer, and shall be proceeded against by libel in the proper court, and forfeited, one half to the use of the informer, and the other half to the use of the United States; and if such person is a trader, his licence shall be revoked and his bond put in suit. And it shall moreover be lawful for any person in the service of the United States, or for any Indian, to take and destroy any ardent spirits or wine found in the Indian country, excepting military supplies, as mentioned in this section.

SEC. 21. And be it further enacted, That if any person whatever shall, within the limits of the Indian country, set up or continue any distillery for manufacturing ardent spirits, he shall forfeit and pay a penalty of one thousand dollars: and it shall be the duty of the superintendent of Indian affairs, Indian agent, or sub-agent, within the limits of whose agency the same shall be set up or continued, forthwith to destroy and break up the same; and it shall be lawful to employ the military force of the United States in executing that duty.

SEC. 22. And be it further enacted, That in all trials about the right of property in which an Indian may be a party on one side, and a white person on the other, the burden of proof shall rest upon the white person, whenever the Indian shall make out a presumption of title in himself from the fact of previous possession or ownership.

SEC. 23. And be it further enacted, That it shall be lawful for the military force of the United States to be employed in such manner and under such regulations as the President may direct, in the apprehension of every person who shall or may be found in the Indian country in violation of any of the provisions of this act, and him immediately to convey from said Indian country, in the nearest convenient and safe route, to the civil authority of the territory or judicial district in which said person shall be found, to be proceeded against in due course of law; and also, in the examination and seizure of stores, packages, and boats, authorized by the twentieth section of this act, and in preventing the introduction of persons and property into the Indian country contrary to law; which persons and property shall be proceeded against according to law: Provided, That no person apprehended by military force as aforesaid shall be detained longer than five days after the arrest and before removal. And all officers and soldiers who may have any such person or persons in custody shall treat them with all the humanity which the circumstances will possibly permit; and every officer or soldier who shall be guilty of maltreating any such person while in custody, shall suffer such punishment as a court martial shall direct.

SEC. 24. And be it further enacted, That, for the sole purpose of carrying this act into effect, all that part of the Indian country west of the Mississippi river, that is bounded north by the north line of lands assigned to the Osage tribe of Indians, produced east to the State of Missouri; west, by the Mexican possessions; south, by Red river; and east, by the west line of the Territory of Arkansas and the State of Missouri, shall be, and hereby is, annexed to the Territory of Arkansas; and that, for the purpose aforesaid, the residue of the Indian country west of the said Mississippi river shall be, and hereby is, annexed to the judicial district of Missouri; and, for the purpose aforesaid, the several portions of Indian country east of the said Mississippi river shall be, and are hereby, severally annexed to the territory in which they are situate.

SEC. 25. And be it further enacted, That so much of the laws of the United States as provides for the punishment of crimes committed within any place within the sole and exclusive jurisdiction of the United States, shall be in force in the Indian country: Provided, The same shall not extend to crimes committed by one Indian against the person or property of another Indian.

SEC. 26. And be it further enacted, That if any person who shall be charged with a violation of any of the provisions or regulations of this act shall be found within any of the United States, or either of the territories, such offenders may be there apprehended, and transported to the territory or judicial district having jurisdiction of the same.

SEC. 27. And be it further enacted, That all penalties which shall accrue under this act shall be sued for and recovered in an action of debt, in the name of the United States, before any court having jurisdiction of the same, (in any state or territory in which the defendant shall be arrested or found,) the one half to the use of the informer and the other half to the use of the United States, except when the prosecution shall be first instituted on behalf of the United States, in which case the whole shall be to their use.

SEC. 28. And be it further enacted, That when goods or other property shall be seized for any violation of this act, it shall be lawful for the person prosecuting on behalf of the United States to proceed against such goods or other property, in the manner directed to be observed in the case of goods, wares, or merchandise brought into the United States in violation of the revenue laws.

SEC. 29. And be it further enacted, That the following acts and parts of acts shall be, and the same are hereby, repealed, namely: An act to make provision relative to rations for Indians, and to their visits to the seat of government,—approved May thirteen, eighteen hundred; an act to regulate trade and intercourse with the Indian tribes, and to preserve peace on the frontiers,—approved March thirty, eighteen hundred and two; an act supplementary to the act passed thirtieth March, eighteen hundred and two, to regulate trade and intercourse with the Indian tribes, and to preserve peace on the frontiers,—approved April twenty-nine, eighteen hundred and sixteen; an act for the punishment of crimes and offences committed within the Indian boundaries,—approved March three, eighteen hundred and seventeen; the first and second sections of the act directing the manner of appointing Indian agents, and continuing the "Act establishing trading houses with the Indian tribes,"—approved April sixteen, eighteen hundred and eighteen; an act fixing the compensation of Indian agents and factors,—approved April twenty, eighteen hundred and eighteen; an act supplementary to the act entitled "An act to provide for the prompt settlement of public accounts,"—approved February twenty-four, eighteen hundred and nineteen; the eighth section of the act making appropriations to carry into effect treaties concluded with several Indian tribes therein mentioned,—approved March three, eighteen hundred and nineteen; the second section of the act to continue in force for a further time the act entitled "An act for establishing trading houses with the Indian tribes, and for other purposes,"—approved March three, eighteen hundred and nineteen; an act to amend an act entitled "An act to regulate trade and intercourse with the Indian tribes, and to preserve peace on the frontiers," approved thirtieth of March, eighteen hundred and two,—approved May six, eighteen hundred and twenty-two; an act providing for the appointment of an agent for the Osage Indians west of the state of Missouri and Territory of Arkansas, and for other purposes,—approved May eighteen, eighteen hundred and twenty-four; the third, fourth, and fifth sections of "An act to enable the President to hold treaties with certain Indian tribes, and for other purposes,"—approved May twenty-five, eighteen hundred and twenty-four; the second section of the "Act to aid certain Indians of the Creek nation in their removal to the west of the Mississippi,"—approved May twenty, eighteen hundred and twenty-six; and an act to authorize the appointment of a sub-agent to the Winnebago Indians on Rock river,—approved February twenty-five, eighteen hundred and thirty-one: Provided, however, That such repeal shall not effect [affect] any rights acquired, or punishments, penalties, or forfeitures incurred, under either of the acts or parts of acts, nor impair or affect the intercourse act of eighteen hundred and two, so far as the same relates to or concerns Indian tribes residing east of the Mississippi: And provided also, That such repeal shall not be construed to revive any acts or parts of acts repealed by either of the acts or sections herein described.

SEC. 30. And be it further enacted, That until a Western Territory shall be established, the two agents for the Western Territory, as provided in the act for the organization of the Indian Department, this day approved by the President, shall execute the duties of agents for such tribes as may be directed by the President of the United States. And it shall be competent for the President to assign to one of the said agents, in addition to his proper duties, the duties of superintendent for such district of country, or for such tribes, as the President may think fit. And the powers of the superintendent at St. Louis over such district or tribes as may be assigned to such acting superintendent shall cease. Provided, That no additional compensation shall be allowed for such services.

Approved, June 30th, 1834.

* * * * *

An Act to provide for the Organization of the Department of Indian Affairs.

SEC. 1. Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That the duties of the Governors of the Territories of Florida and Arkansas, as superintendents of Indian affairs, shall hereafter cease, and the duties of the Governor of the Territory of Michigan, as superintendent of Indian affairs, shall cease from and after the establishment of a new territory embracing the country west of Lake Michigan, should such a territory be established. And while the Governor of the said Territory of Michigan continues to act as superintendent of Indian affairs, he shall receive therefor the annual sum of one thousand dollars, in full of all allowances, emoluments, or compensation for services in said capacity.

SEC. 2 And be it further enacted, That there shall be a superintendency of Indian affairs for all the Indian country not within the bounds of any state or territory west of the Mississippi river, the superintendent of which shall reside at St. Louis, and shall annually receive a salary of fifteen hundred dollars.

SEC. 3. And be it further enacted, That superintendents of Indian affairs shall, within their several superintendences, exercise a general supervision and control over the official conduct and accounts of all officers and persons employed by the Government in the Indian Department, under such regulations as shall be established by the President of the United States; and may suspend such officers and persons from their office or employments, for reasons forthwith to be communicated to the Secretary of War.

SEC. 4. And be it further enacted, That the following Indian agents shall be appointed by the President of the United States, by and with the advice and consent of the Senate, who shall hold their offices for the term of four years, and who shall give bond, with two or more securities, in the penal sum of two thousand dollars, for the faithful execution of the same, and shall receive the annual compensation of fifteen hundred dollars:

Two agents for the Western Territory; an agent for the Chickasaws; an agent for the Eastern Cherokees; an agent for the Florida Indians; an agent for the Indians in the State of Indiana; an agent at Chicago; an agent at Rock Island; an agent at Prairie du Chien; an agent for Michilimackinac and the Sault Sainte Marie; an agent for the Saint Peter's; an agent for the Upper Missouri.

And the following agencies shall be discontinued at the periods herein mentioned, that is to say:

The Florida agency, from and after the thirty-first day of December next; the Cherokee agency, from and after the thirty-first day of December next; the Indiana agency, from and after the thirty-first day of December eighteen hundred and thirty-six; the Chicago agency, from and after the thirty-first day of December next; the Rock Island agency, from and after the thirty-first day of December eighteen hundred and thirty-six; and all other agencies, not provided for in this act, from and after the passing thereof: Provided, That the limitation of said agencies shall not be construed to prevent the President of the United States from discontinuing the same at an earlier period. And the President shall be and he is hereby authorized, whenever he may judge it expedient, to discontinue any Indian agency, or to transfer the same, from the place or tribe designated by law, to such other place or tribe as the public service may require. And every Indian agent shall reside and keep his agency within or near the territory of the tribe for which he may be agent, and at such place as the President may designate, and shall not depart from the limits of his agency without permission. And it shall be competent for the President to require any military officer of the United States to execute the duties of Indian agent.

SEC. 5. And be it further enacted, That a competent number of sub-agents shall be appointed by the President, with an annual salary of seven hundred and fifty dollars each, to be employed and to reside wherever the President may direct; and who shall give bonds, with one or more sureties, in the penal sum of one thousand dollars, for the faithful execution of the same. But no sub-agent shall be appointed who shall reside within the limits of any agency where there is an agent appointed.

SEC. 6. And be it further enacted, That nothing herein contained shall be construed to require the re-appointment of persons now in office until the expiration of their present term of service; but the commissions of all Indian agents and sub-agents now in office shall expire on the fourth day of March next, unless sooner terminated.

SEC. 7. And be it further enacted, That the limits of each agency and sub-agency shall be established by the Secretary of War, either by tribes or by geographical boundaries. And it shall be the general duty of Indian agents and sub-agents to manage and superintend the intercourse with the Indians within their respective agencies, agreeably to law; to obey all legal instructions given to them by the Secretary of War, the Commissioner of Indian Affairs, or the Superintendent of Indian Affairs; and to carry into effect such regulations as may be prescribed by the President.

SEC. 8. And be it further enacted, That the President of the United States may, from time to time, require additional security, and in larger amounts, from all persons charged or trusted, under the laws of the United States, with the disbursement or application of money, goods, or effects of any kind, on account of the Indian Department.

SEC. 9. And be it further enacted, That an interpreter shall be allowed to each agency, who shall receive an annual salary of three hundred dollars: Provided, That where there are different tribes in the same agency speaking different languages, one interpreter may be allowed, at the discretion of the Secretary of War, for each of the said tribes. Interpreters shall be nominated, by the proper agents, to the War Department for approval, and may be suspended, by the agent, from pay and duty, and the circumstances reported to the War Department for final action; and blacksmiths shall in like manner be employed wherever required by treaty stipulations; and such blacksmiths shall receive an annual compensation of four hundred and eighty dollars; and if they furnish their shop and tools, an additional sum of one hundred and twenty dollars; and their assistants shall be allowed an annual compensation of two hundred and forty dollars. And wherever farmers, mechanics, or teachers are required by treaty stipulations to be provided, they shall be employed under the direction of the War Department, and shall receive an annual compensation of not less than four hundred and eighty dollars, nor more than six hundred dollars. And in all cases of the appointments of interpreters or other persons employed for the benefit of the Indians, a preference shall be given to persons of Indian descent, if such can be found, who are properly qualified for the execution of the duties. And where any of the tribes are, in the opinion of the Secretary of War, competent to direct the employment of their blacksmiths, mechanics, teachers, farmers, or other persons engaged for them, the direction of such persons may be given to the proper authority of the tribe.

SEC. 10. And be it further enacted, That the compensation prescribed by this act shall be in full of all emoluments or allowances whatsoever: Provided, however, That, where necessary, a reasonable allowance or provision may be made for offices and office contingencies: And provided also, That where persons are required, in the performance of the duties under this act, to travel from one place to another, their actual expenses, or a reasonable sum in lieu thereof, may be allowed them: And provided also, That no allowance shall be made to any person for travel or expenses in coming to the seat of Government to settle his accounts, unless thereto required by the Secretary of War: And provided also, That no person shall hold more than one office at the same time under this act, nor shall any agent, sub-agent, interpreter, or person employed under this act, receive his salary while absent from his agency or employment without leave of the Superintendent or Secretary of War: Provided, such absence shall at no time exceed sixty days.

SEC. 11. And be it further enacted, That the payment of all annuities or other sums stipulated by treaty to be made to any Indian tribe, shall be made to the chiefs of such tribe, or to such person as said tribe shall appoint; or if any tribe shall appropriate their annuities to the purpose of education, or to any other specific use, then to such person or persons as such tribe shall designate.

SEC. 12. And be it further enacted, That it shall be lawful for the President of the United States, at the request of any Indian tribe to which any annuity shall be payable in money, to cause the same to be paid in goods, purchased as provided in the next section of this act.

SEC. 13. And be it further enacted, That all merchandise required by any Indian treaty for the Indians, payable after making of such treaty, shall be purchased under the direction of the Secretary of War, upon proposals to be received, to be based on notices previously to be given; and all merchandise required at the making of any Indian treaty shall be purchased under the order of the commissioners, by such person as they shall appoint, or by such person as shall be designated by the President for that purpose. And all other purchases on account of the Indians, and all payments to them of money or goods, shall be made by such person as the President shall designate for that purpose. And the superintendent, agent, or sub-agent, together with such military officer as the President may direct, shall be present, and certify to the delivery of all goods and money required to be paid or delivered to the Indians. And the duties required, by any section of this act, of military officers, shall be performed without any other compensation than their actual travelling expenses; and all persons whatsoever, charged or trusted with the disbursement or application of money, goods, or effects of any kind, for the benefit of the Indians, shall settle their accounts annually at the War Department on the first day of October; and copies of the same shall be laid, annually, before Congress at the commencement of the ensuing session, by the proper accounting officers; together with a list of the names of all persons to whom money, goods, or effects had been delivered within said year for the benefit of the Indians, specifying the amount and object for which it was intended, and showing who are delinquents, if any, in forwarding their accounts according to the provisions of this act; and, also, a list of the names of all persons appointed or employed under this act, with the dates of their appointment or employment, and the salary and pay of each.

SEC. 14. And be it further enacted, That no person employed in the Indian Department shall have any interest or concern in any trade with the Indians, except for and on account of the United States; and any person offending herein shall forfeit the sum of five thousand dollars; and upon satisfactory information of such offence being laid before the President of the United States, it shall become his duty to remove such person from the office or situation he may hold.

SEC. 15. And be it further enacted, That the President shall be, and he is hereby, authorized to cause any of the friendly Indians west of the Mississippi river, and north of the boundary of the Western Territory, and the region upon Lake Superior and the head of the Mississippi, to be furnished with useful domestic animals and implements of husbandry, and with goods, as he shall think proper: Provided, That the whole amount of such presents shall not exceed the sum of five thousand dollars.

SEC. 16. And be it further enacted, That the President be, and he is hereby, authorized to cause such rations as he shall judge proper, and as can be spared from the army provisions without injury to the service, to be issued, under such regulations as he shall think fit to establish, to Indians who may visit the military posts or agencies of the United States on the frontiers, or in their respective nations; and a special account of these issues shall be kept and rendered.

SEC. 17. And be it further enacted, That the President of the United States shall be, and he is hereby, authorized to prescribe such rules and regulations as he may think fit for carrying into effect the various provisions of this act, and of any other act relating to Indian affairs, and for the settlement of the accounts of the Indian Department.