H. OF R.]

Indian Appropriations—Emigration of Indians.

[FEBRUARY, 1828.

by treaty, by the constitution, and by our own law? The deplorable condition to which these Indians have sometimes been reduced, cannot be ascribed to the small quantity of land which they have. It has its origin in other causes. The only articles ever cultivated by them, or most generally cultivated, are corn and peas, and neither the soil nor climate is adapted to that cultivation. I do not hesitate to pronounce that, under this article of the treaty, by which this Government is alleged to have

ence of General Jackson, to claim any lands | thousand acres of land. It is reported they whatever, but threw themselves on his clemen- cannot live within the boundary; an applicacy, on the mercy of the Government, are par- tion was made to Congress to extend it; the ties to this treaty. But, sir, to recur to the bill failed, and the Secretary of War, under one title of the Florida Indians-I mean the na- of the articles of the treaty, after the adjourntives: They are the fragments of several tribes, ment of Congress, upon the application of the which have more nearly approximated that agent, removed the line so far north, as to destiny to which all seem to be doomed-final cover twenty thousand acres of sugar land, extinction-unless they are removed to the upon a part of which there are private grants west of the Mississippi. What claim they had, made by the Spanish Government, and conis difficult to be determined. The Spanish firmed by the United States. I have said it is Government, it is believed, never acknowl- not in the power of Congress to extend this edged any absolute ownership in the Indians line. There is no good land between the preswithin the limits of their provinces. They ent limit and the Georgia line, that it is not have gone somewhat farther than we have in covered by Spanish grants, the most of which limiting their rights. The United States, by have been confirmed by the United States. their act of disfranchisement, have declared all The treaty with Spain, prior in date, binds the sales of the Indians, only to themselves, void, United States to confirm them, and the Constiand it may be asserted, that their policy, like tution of the United States protects the rights that of most Governments, was regulated by of individuals against any power under this their power. In 1784, shortly after the retro- Government. These claims are confirmed by cession by the British Government of the Flor- act of Congress, and I ask what authority we idas to Spain, a treaty was formed between the have to extend an Indian boundary over the Indians then in Florida, and his Catholic Maj-land of an individual, whose right is fortified esty, in which they are incorporated as Spanish subjects, promised allegiance, and are to be protected in the lands they occupy, which was construed, afterwards, by Spain, to be their farms and villages, to be usufructuary interest, and they tenants at will of the Spanish king, and any sale of theirs without the assent of the Spanish authorities, would be a relinquishment of possession, and not soil. Spain permitted them to sell, in several instances, the lands they occupied, but the sales were of course to be ratified by the legitimate author-power to remove this line, if it were removed ities of the king, which demonstrates that it was a title sub modo. When these documents were submitted to this House, and referred to the Committee of Indian Affairs, they made a report declaring their opinion, that, as a nation, the Indians owned no lands in Florida that they were incorporated as Spanish sub-acres of such land as we have west of the Misjects, and, like all others, could obtain grants. sissippi, would supply their wants. You must This report was then concurred in. I admit produce a radical reform in their habits, a revthat the instructions of the Secretary of War, olution of their modes of life, before they will under which the treaty was negotiated, was a live by agriculture anywhere; and the difficulpartial recognition of some right in them; but, ties are always increased, as the soil and cliwhether absolute, qualified, or possessory, is mate interpose barriers to such an object. The not indicated. If the view taken by General Indian population in the Floridas is about four Jackson, and by the Committee of Indian thousand. The agents, in the documents reAffairs, be correct, we were not bound to ne- ferred to, say that two-thirds are Creeks-the gotiate with them at all. They were the sub-most of whom fled at the period I have advertjects of legislation, not of treaty. Whatever diversity of opinion may exist as to the nature and extent of the title of the natives, however, no one will pretend that these fugitive Creeks, by seeking a hiding-place in Florida to carry on the war, had any right of soil-and yet they are there; and we are asked to restore them to their rights, or to extend the northern limit of the treaty among our own population, for their benefit. Spain ceded the provinces to the United States in full property. They had no right, before we held a treaty with them: that treaty gives them four millions thirty-two

up to the limits of Georgia there would not be good land enough, under their modes of culture, or habits of life, to supply that number of men with a sufficient quantity of corn; and yet, with the economy, care, and skill, of a well-informed agriculturist, a few thousand

ed to, and others for bad conduct; and I should be satisfied to restore these to their former country-I mean the Creek lands; or to incorporate the whole with the emigrating party, which it is the duty of this Government to do. I

intended to have said something more on the subject of their colonization, but am admonished, by the lateness of the hour, of the impropriety of going into that now. I will only say that I consider it required by policy, justice, and humanity. It is alike due to ourselves, and to the Indians; and I trust the day is not distant, when the plan of that practical

FEBRUARY, 1828.]

Claim of Mr. Meade.

[H. OF R.

statesman and benevolent man who is the au- | extend to classes of matters capable by their thor of it, may be carried into execution. [Here the committee rose, and reported the bill to the House.]

THURSDAY, February 21.

Nearly the whole of this day was spent in discussing the several amendments offered in Committee of the Whole to the Military Appropriation Bill. The bill was finally ordered to a third reading.

SATURDAY, February 23.

The Claim of Mr. Meade.

nature of being particularized as such; and the fifth extends to "all claims of citizens of the United States upon the Government of Spain, statements of which, soliciting the interposition of the Government of the United States, have been presented to the Department of State, or to the Minister of the United States in Spain, since the date of the convention of 1802, and until the signature of this treaty."

The committee perceive that no description could be more broad, as respects the nature of the claims. It carries with it but two limitations, neither of which touches the origin and source of the claims. It requires only that they fall within August 11th, 1802, and February 22, 1819, and that statements of them soliciting the interposition of the Government of the United States, should have been presented either at the Department of State, or to the Minister of the United States in Spain. This is the main foundation of Mr. Meade's claim. All the demands, of which it is made up, as proposed to be provided for by the committee, arose after the date of the convention of 1802, and prior to the signature of the treaty of 1819, and statements of it, soliciting the interposition of the Government of the United States, had been presented both to the Minister of the United States in Spain, and to the Department of State in this country; to the lat

Mr. EVERETT moved that the House now go into Committee of the Whole on the bill for the relief of Richard W. Meade, [who claims nearly half a million of dollars, being the amount of his demand upon the Spanish Government, acknowledged and liquidated by that Government, but not allowed by the American Board of Commissioners under the Florida treaty, for want of the original documentary testimony, all of which was in Spain. The bill proposes to empower the Attorney-General of the United States, and any two of the auditors, to examine and decide upon this claim, under the same rules, and according to the same principles, as were observed by the Commissioners under the Florida Treaty, in examining and deciding upon other claims.] The motion prevailed-ayester, a short time before the signature of the 96, noes 27.

treaty, and with the express purpose of thus Mr. EVERETT stated that this bill was ac- fulfilling what it was supposed might be a precompanied by a report, and a selection of doc- liminary condition, necessary to its being inuments, from the Committee on Foreign Af- cluded in the provisions of the treaty. These fairs. These papers had been for some time on facts (said Mr. EVERETT) are substantiated in the tables of gentlemen, and were, at any rate, the papers appended to the report of the comtoo voluminous to be read. He would en-mittee, to which I will, therefore, only in gendeavor briefly to state to the committee the eral refer. leading facts and points of the case, reserving It may be added, though I would not admit, to himself, and to the gentlemen with whom in all cases, this rule of interpretation of treahe had the honor to be associated, in the Com- ties, that it has been declared by the two funcmittee on Foreign Affairs, an opportunity of tionaries who negotiated the treaty-by the hereafter submitting such further views and Secretary of State of the United States, (now arguments on its merits, as the course of the the Chief Magistrate,) and by Don Onis, the discussion might require. This important and Representative of the Spanish Governmentinteresting claim, (continued Mr. E.,) arises, as that Mr. Meade's claims were understood, and is doubtless well known to the committee, un-intended by them to be included under the der the provisions of the Treaty between the Governments of the United States and Spain, which was signed on the 22d of February, 1819. Negotiations of an exceedingly complicated, protracted, and, I may add, vexatious character, had subsisted between the two Governments, for a long course of years. Various demands and pretensions were advanced on either side: and the long-desired accommodation and settlement were finally effected, by a mutual renunciation of several of these demands, respectively, on the part of the two Governments for themselves and on behalf of their citizens and subjects. The renunciation, by the United States, of claims against Spain, was expressed in five specifications in the ninth article of the treaty. The four first of these specifications

provisions of the treaty. This fact, therefore, may be assumed as certain.

What, then, was the remedy provided by the treaty for those citizens of the United States, whose claim to relief from Spain had been renounced? It was as follows: A fund of five millions of dollars was provided by the United States in the eleventh article of the same treaty, in order to make satisfaction to their citizens for the claims against Spain, which had been renounced. To ascertain the amount and validity of these claims, a Board of three Commissioners was provided for, to be appointed by the President of the United States, by and with the consent of the Senate, which Board, within the space of three years from the time of their first meeting, should receive,

H. OF R.]

Claim of Mr. Meade.

[FEBRUARY, 1828.

Mr.

examine, and decide upon the amount and va- | pounded in his memorial, settled to his satislidity of all the claims, included within the de- faction. scriptions of the ninth article of the treaty. Mr. Meade was among the earliest of the claimants who applied for relief to the Board thus constituted. In January, 1822, he presented his case to them, by a memorial, setting forth the principal facts contained in it; and, in the close, submitting two questions to the Board; first, "Whether his claims be not clearly comprehended in the list of renunciations declared on the part of the United States, in the ninth article of the treaty ?-and, secondly, whether, being so comprehended, your memorialist be not entitled to a substantive and full satisfaction of his claim, whatever may be the pro rata allowance to the general mass of the claimants, out of the specific fund provided by the treaty?"

Touching the second point, viz: the amount of his claim, and the evidence necessary to establish it, difficulties unfortunately arose, which have, thus far, resulted in depriving Mr. Meade of all benefit of the treaty, and which constitute a case of extraordinary hardship. Meade's claims on Spain, consisted of several items, accruing at different periods, and complicated by partial settlements, by delayed payments, by demands for personal injuries, and (in point of fact, not of justice) by the political events of the time. He had prosecuted his suit for a final adjustment and settlement of these claims, by the Spanish Government, for several years, and with various success, amidst the vexatious delays too apt to attend the adjustment and settlement of large private claims, under all Governments; aggravated, in the present case, by the embarrassed condition of the Spanish monarchy. At the period of the signature of the Florida treaty, Mr. Meade's claim was in suit, before the Spanish Government, but still unliquidated. The efforts of Mr. Meade were, however, continued, without abatement, till, at length, on the 19th of May, 1820, the Spanish Government, after a most deliberate and solemn examination, according to its own approved official forms, concluded the adjustment and liquidation of these claims, and acknowledged itself indebted to Mr. Meade, on his own account, in the sum of 373,879 dollars, including therein, a sum of 75,000 dollars as damages and losses, arising from wrongful imprisonment; and, on account of the debts due to him as the agent of others, 117,273 dollars, (omitting parts of a dollar in each sum ;) and granted to him a certificate, under the hand of the royal Commissioners of Liquidation, of the Minister of Finance, and under the Royal seal, acknowledging the said debts accordingly.

The commissioners appear at first to have inclined to the opinion, that claims of citizens of the United States, growing out of contracts with the Spanish Government, were not intended to be provided for by the treaty; and as a considerable part of Mr. Meade's claim, and of other claims grew out of such contracts, they were at first disposed to reject them on that ground. Inasmuch, however, as a large amount of property might be affected by such a decision, and, still more, as it might possibly involve the good faith of the United States, pledged by the treaty to a foreign Government, and to the citizens of the United States, the commissioners addressed an official inquiry to the Secretary of State (who had negotiated the treaty on the part of the United States) whether claims founded on contracts were intended to be excluded. By direction of the President, the Secretary of State returned an answer in the negative, and informed the commissioners, that, "in providing for the claims of the citizens of the United States on Spain, by the treaty of the 22d February, 1819, it was not understood nor intended by the Gov- It was in this form of liquidation and acernment of the United States, nor, as is be-knowledgment, by the Spanish Government, lieved, by the other party to the treaty, that claims arising from contract, as they existed at the signature of the treaty, should be excluded from the benefit of the treaty."

that Mr. Meade presented his claim to the American Board of Commissioners under the Florida treaty, soliciting the substantive and full allowance and payment of the same.

The Board of Commissioners, however, took a different view of the case. They were au

The Board had likewise submitted to them, evidence equally authentic, that such was the opinion of the other party to the treaty, viz:thorized to allow and pay only such claims as the Spanish Minister and the Government which he represented. They accordingly decided, on the 27th of June, 1822, that Mr. Meade's memorial should be "received," as one reciting a claim which was considered as being included in the provisions of the treaty. This term "received," it is to be observed, is a technical term, as used by the Board, and was applied to claims which were admitted to be examined and liquidated; among those provided for by the treaty. And in this sense of the word, the commissioners, after due advisement, as already stated, received the memorial of Mr. Meade. This was the first question, pro

were renounced in the treaty; and the renunciations in the treaty were bounded in time by the day of the signature, viz: 22d of February, 1819. Considering the Royal Spanish certificate, therefore, as creating in itself a claim, it was inadmissible, under the terms of the treaty, because it bore date more than a year subsequent to the signature of the treaty. Considering it only as evidence of the amount and validity of claims existing previous to the signature of the treaty, it was inadmissible, because the American Board of Commissioners was the only tribunal, clothed with power, by the treaty, "to decide upon the amount and validity of the claims," and

FEBRUARY, 1828.]

Claim of Mr. Meade.

[H. OF R

"to hear and examine, on oath, every question | which that liquidation was made, his Catholic relative to the said claims, and to receive all Majesty knows too well what is due to his own suitable authentic testimony concerning the dignity, to the reputation of his Ministers, and same." In the discharge, therefore, of the to the integrity of his tribunals, to consent that duty, under the stipulations of the treaty, and a foreign commission shall deem itself auin justice to all the other claimants, whose de- thorized to revise their decrees." mands were subjected to the same ordeal, the Board of Commissioners, on the 27th of June, | 1822, at the same time that they received Mr. Meade's memorial, as reciting a claim, within the provisions of the treaty, rejected the Royal Spanish certificate, as evidence of its amount and validity.

After receiving this reply from the Spanish Minister, Mr. Meade addressed another memorial to the Board of Commissioners, informing them of the attempt which he had made to procure his vouchers from Spain, and of its failure; expressing the hope, that, in his failure. and under the circumstances of the case, the The decision threw on Mr. Meade the neces- Board would not persist in considering as insity of establishing the amount and validity of admissible the Spanish certificate of liquidation; his claim, by procuring the original vouchers but, in the event that they should persist in so from Spain. Anticipating, from the letter of considering it, soliciting their interposition to the Secretary of State, already mentioned, that procure a formal demand of the vouchers, to the commissioners would reject the Royal be made by the American Government on the Spanish certificate, Mr. Meade had already, in Government of Spain, conformably with the April, 1822, addressed a letter to Mr. Anduaga, stipulations of the eleventh article of the treaty. the representative of Spain in this country, The Board persisted in considering the Spanapprising him of the fact of the probable re-ish certificate of liquidation as inadmissible; jection of the certificates, and praying him "to but acceded to Mr. Meade's request, that a become my (Mr. Meade's) mediator with his formal demand of the original papers should be Catholic Majesty, to obtain for me all the docu- asked by the Board of the Government of the ments, vouchers, and evidence, whatsoever, in United States, and through that Government, the possession and under the control of Spain, be made on Spain. Accordingly, on the 18th appertaining to my demands, that I may pre- of April, 1823, the commissioners forwarded to pare them in case of need for exhibition to the the Secretary of State, a specific list of the commissioners." documents and elucidations required by Mr. Meade, in pursuance of the provisions of the treaty, that "the said documents were to be specified, when demanded at the instance of said commissioners."

The Secretary of State, in compliance with this request, instructed Mr. Nelson, then about departing from the United States as their Minister at the Court of Madrid, to present this specified list of papers to the Spanish Government, and to claim the delivery of them, under the stipulations of the treaty. The committee will recollect the delays with which the mission of Mr. Nelson was attended. On arriving off

It may here be observed, as appears by the same letter of Mr. Meade, that the original vouchers and documents, by which many of his demands were supported, had been delivered up by him to the Spanish Government, upon a formal requisition to that effect; and that, in some instances, the records and papers of certain of the Spanish officers furnished material evidence upon the subject. It is also further very important to be observed, that, by the eleventh article of the treaty, it was provided as follows: "that the Spanish Government shall furnish all such documents and elucidations as may be in their possession, for the adjust-Cadiz, that port was found blockaded by a ment of the said claims, according to principles of justice, the laws of nations, and the stipulations of the treaty between the two parties of the 27th of October, 1795."

Mr. Anduaga, the Minister of Spain, appears to have communicated to his Government the request for vouchers, thus made by Mr. Meade, in April, 1822, and in October, 1822, in answer to a second letter from Mr. Meade, to the same purport as his first, Mr. Anduaga, taking a tone somewhat lofty, it must be confessed, wrote a letter to Mr. Meade, in which he stated, "that the Spanish Government will regard as a serious insult, that what, in Spain, is acknowledged as most sacred and respectable, should here be pronounced of no value; that it will never consent to have questioned the legality and purity, with which your liquidation was made, and which is accompanied by all the marks of authenticity which it can give it; and, in fine, though it should be practicable to re-unite all the documents, upon |

French squadron, and he was not permitted to enter. Several months elapsed before he reached the Court of Madrid, and entered on the discharge of the duties of this mission. It appears that the formal application for the papers of Mr. Meade was made by Mr. Nelson on the 19th of December, 1823, in a letter addressed to the Marquis of Casa Yrugo, first Secretary of State. In this letter, Mr. Nelson urged a prompt and immediate attention to the several demands of papers, which had been presented on behalf of Mr. Meade and other claimants, on the ground that the Boards created under the Florida Treaty were of limited duration, and that the interest of individuals entirely depended on the records asked to be furnished. On the 11th and 25th of February, 1824, Mr. Nelson renewed, in a letter to Count Ofalia, the demand of the papers, which he had addressed, on the 19th of December, to the Marquis of Casa Yrugo. The delivery of the

papers was promised by the Count Ofalia, in a letter bearing date 8th March, 1824; but owing to various circumstances connected with the state of Spain, delays arose in fulfilling the promise. Meantime, the three years, fixed by the treaty as the period of the commission, drew near a close, and, on the 29th day of May, 1824, (ten days before the termination of the commission,) the Board decided that the evidence produced was not sufficient to establish the validity of any claims upon the Spanish Government, within the meaning of the treaty, upon account of the matters mentioned in the memorial of Mr. Meade, and they were accordingly rejected. Such is a brief statement (pursued Mr. EVERETT) of the case, presenting Mr. Meade to the consideration of Congress, under the following circumstances: He was a claimant for a large amount on the Government of Spain, and his claims were of a character, deemed by that Government to be in the highest degree meritorious. It is acknowledged by the authorized representatives of the Government, both of the United States and Spain, that they intended to make provisions for its payment, under the stipulations of the treaty. No one, I think, can doubt, who will examine the documents before the committee, that (in the language of the Hon. H. L. WHITE, one of the commissioners, in his opinion delivered April, 1823) "Mr. Meade had claims upon the Spanish Government, which that Government felt itself bound to satisfy." There can be, of course, as little doubt, that, could Mr. Meade have received (as he had a right to receive) his original documents and vouchers from Spain, some part at least of these claims would have been allowed and paid. In presenting his claim to the Board, under the advisement of the ablest counsel, he naturally offered, as very strong and authentic testimony of the amount and validity of his claim, the Royal official certificate of liquidation and acknowledgment of debt. Reason being given him to think, that, under the limitations and restrictions of the treaty, this kind of evidence would be deemed inadmissible by the Board, he applied to the Representative of the Spanish Government in this country, earnestly requesting to be furnished with the vouchers and documents which had been taken from him by the Spanish Government, after the liquidation of his claim. This demand was made by Mr. Meade immediately on receiving the intimation that the royal certificate of liquidation would probably not be admitted, and more than two years before the expiration of the commission. This demand was rejected, and even with expressions of indignation, by the Spanish Minister, speaking on behalf of his Government. Mr. Meade then makes a more formal demand, through his Government, nearly fourteen months before the close of the commission, for the vouchers and documents needed to substantiate his claim, but, in like manner, without success; and his claims are rejected, for want of sufficient evidence to support them.

[FEBRUARY, 1828.

Mr. Meade, therefore, has been deprived of his rights under the treaty. He had a right to his portion of the fund, as far as his claim should be substantiated; and to substantiate it, he had a right to all the documents and elucida tions necessary for that purpose, and in the possession of Spain. He did not fail in any thing which he could do, in order to the enjoyment of these rights. He demanded his papers from Spain at the earliest moment he had any reason to think they would be wanted, more than two years before the expiration of the commission; and in a manner not inconsistent with any of its provisions. At a later period, but still at a time when, if it had been instantly complied with, he might have received the benefit of his vouchers, he procured a formal demand of his papers from the Spanish Government. He could do no more. His Government alone could compel Spain (if compulsion were necessary) to furnish the papers. Though Spain was bound to furnish them, she was bound to the Government of the United States, and not to Mr. Meade. The Government of the United States by renouncing and cancelling his claim on the Spanish Government, bound itself to Mr. Meade to secure him in the enjoyment of all the stipulations of the treaty, among them the use of his vouchers, to be furnished by Spain; and contracted an obligation to make the demand of these papers effectual. He could not, of course, make that demand effectual himself. He could not go to Spain, and compel her to open her archives. He could go only to his own Government, and solicit her to cause them to be opened. He did so; and his own Government, having announced his claim on Spain, must cause them to be opened. I do not say that either Government has failed in its duty. That is a subsequent question, to be settled, which it will be time enough to agitate, when a liquidation of Mr. Meade's claim shall have shown the extent of the injury accruing from the failure of Spain promptly to furnish the papers. Meantime, Mr. Meade has certainly a right to be put on as good a footing as he would have stood upon had he enjoyed the right stipulated to him by the treaty-the right of using his original papers.

But the three years have elapsed, and the commission has expired. What, then, can be done? The Committee of Foreign Affairs have known no other way in which they can provide a remedy for Mr. Meade than to approximate, as nearly as possible, to the extension of the former commission, that is, to create a new tribunal, to examine, and liquidate the claim, on the same principles as those which governed the decision of the other Boards; and to allow to Mr. Meade the same proportion of his claim as was allowed to the other claimants, to be paid by the United States in the first instance, because the United States contracted an obligation with Mr. Meade to secure him in the enjoyment of all the privileges of the treaty; and ultimately by Spain, if it shall appear that Mr.