EXECUTIVE PROCEEDINGS

OF

THE SENATE OF THE UNITED STATES,

FROM WHICH

The injunction of secresy has been removed, during the first session of the Thirty-second Congress, commencing on Monday, the 1st December, 1851, and terminating 31st August, 1852.

PROCEEDINGS OF THE SENATE ON THE NOMINATIONS OF ELISHA WHITTLESEY AND ELIAS S. TERRY, TO BE COMMISSIONERS UNDER THE SEVENTEENTH ARTICLE OF THE TREATY WITH THE CHEROKEE INDIANS OF THE 29TH DECEMBER, 1835, TO ADJUDICATE THE CLAIM OF DAVID TAYLOR.

THURSDAY, JANUARY 15, 1852.

The following message was received from the President of the United States by Mr. M. P. Fillmore, his secretary:

To the Senate of the United States:

I nominate Elisha Whittlesey and Elias S. Terry to be commissioners under the seventeenth article of the treaty. concluded with the Cherokee tribe of Indians, at New Echota, on the 29th day of December, 1835, to adjudicate the claim of David Taylor for 640 acres of land which has been duly appraised in accordance with the terms of the ninth article of said treaty, but not paid for. The facts of the case will more fully appear in the accompanying papers from the Department of the Interior. MILLARD FILLMORE.

WASHINGTON, January 3, 1852.

The message was read.

Ordered, That the nominations of Elisha Whittlesey and Elias S. Terry lie on the table.

WEDNESDAY, JANUARY 28, 1852.

On motion by Mr. Mangum,

Ordered, That the nominations of Elisha Whittlesey and Elias S. Terry be referred to the Committee on Indian Affairs.

WEDNESDAY, FEBRUARY 4, 1852.

Mr. Sebastian, from the Committee on Indian Affairs, to whom were referred, the 28th January, the nominations of Elisha Whittlesey and Elias S. Terry, submitted the following report:

The Committee on Indian Affairs, to whom were referred the nominations of Elisha Whittlesey and Elias S. Terry, as commissioners under the seventeenth article of the treaty of 1835, with the Cherokees, to adjudicate the claim of David Taylor, report:

That, in their opinion, the duties which it is proposed to confer upon the commission named are unnecessary, and can be, indeed are, already performed by the commissions heretofore instituted under the same authority. The adjudication of the right of David Taylor under the treaty, and ascertainment of the value of his reservation, as shown in the proceedings of the commission of 1843, and now on file, are full and complete, and must be final by the terms of the treaty itself. Similar claims have been repeatedly paid at the treasury; and the obligations of the treasury to pay this, as a legally ascertained and audited claim, is clearly shown by the opinion of the Attorney General on file.

The committee therefore unanimously recommend that the nominations be laid upon the table.

On motion by Mr. Sebastian,

The Senate by unanimous consent proceeded to consider the said report, and in concurrence therewith,

Ordered, That the nominations of Elisha Whittlesey and Elias S. Terry lie on the table.

On motion by Mr. Sebastian,

Ordered, That the report be printed for the use of the Senate, and that the injunction of secrecy be removed from the proceedings of the Senate on the said nominations.

On motion by Mr. Mangum,

Ordered, That the Secretary furnish a copy of these proceedings to the President of the United States.

PROCEEDINGS OF THE SENATE ON THE TREATY MADE WITH CERTAIN INDIAN TRIBES THEREIN NAMED, AT FORT LARAMIE, IN THE INDIAN TERRITORY, ON THE 17TH SEPTEMBER, 1851.

TUESDAY, FEBRUARY 17, 1852.

The following message was received from the President of the United States, by Mr. M. P. Fillmore, his secretary:

To the Senate of the United States:

I transmit herewith, for the constitutional action of the Senate, treaties recently concluded with certain Indian tribes at

and Fort Laramie, together with communications from the Department of the Interior, and other documents connected therewith.

WASHINGTON, February 13, 1852.

The message was read.

MILLARD FILLMORE.

The articles of a treaty made and concluded at Fort Laramie, in the Indian territory, between D. D. Mitchell, superintendent of Indian affairs, and Thomas Fitzpatrick, Indian agent, commissioners specially appointed and authorized by the President of the United States, of the first part, and the chiefs, head-men and braves of the following Indian nations residing south of the Missouri river, east of the Rocky mountains, and north of the lines of Texas and New Mexico, viz: the Sioux or Dah-co-tahs, Cheyennes, Arrapahoes, Crows, Assiniboines, Gros-Ventres, Mandans and Ariccarees, parties of the second part, on the 17th day of September, 1851, were read the first time.

Ordered, That the said treaty, together with the message and documents, be referred to the Committee on Indian Affairs, and printed in confidence for the use of the Senate.

MONDAY, APRIL 19, 1852.

Mr. Atchison, from the Committee on Indian Affairs, to whom was referred, the 17th February last, the treaty with certain Indian tribes at Fort Laramie, on the 17th September, 1851, reported it without amendment.

MONDAY, MAY 24, 1852.

The articles of a treaty made and concluded at Fort Laramie, in the Indian territory, between D. D. Mitchell, superintendent of Indian affairs, and Thomas Fitzpatrick, Indian agent, commissioners specially appointed and authorized by the President of the United States, of the first part, and the chiefs, head-men and braves of the following Indian nations residing south of the Missouri river, east of the Rocky mountains, and north of the lines of Texas and New Mexico, viz: the Sioux or Dah-co-tahs, Cheyennes, Arrapahoes, Crows, Assiniboines, Gros-Ventres, Mandans and Ariccarees, parties of the second part, on the seventeenth day of September, anno Domini one thousand eight hundred and fifty-one, were read the second time, and considered as in Committee of the Whole; and no amendment being made thereto, they were reported to the Senate.

On motion by Mr. Atchison,

To amend the treaty by striking out the words "fifty years," from the seventh article,

The question was stated, Shall these words stand as part of the article? And it was unanimously determined in the negative.

So those words were stricken out of the treaty.

On motion by Mr. Badger,

To fill the blank with the words twenty-five years,

The question was stated, Shall these words stand as part of the seventh article? and,

Those who voted in the affirmative are, Messrs. Badger, Clarke, Davis, Fish, Foot, Hale, Miller, Morton, Shields, Underwood, Upham, Wade.

Those who voted in the negative are,

Messrs. Adams, Atchison, Bell, Berrien, Borland, Bradbury, Bright, Brodhead, Brooke, Chase, Dawson, De Saussure, Dodge of Wisconsin. Dodge of Iowa, Downs, Felch, Geyer, Hamlin, Houston, Hunter, James. Jones of Iowa, Jones of Tennessee, King, Mallory, Norris, Pearce, Rusk. Sebastian, Smith, Soulé, Spruance, Sumner, Toucey, Walker, Weller. So the motion was not agreed to.

On motion by Mr. Atchison,

To fill the blank with the words twenty years,

The question was stated, Snall these words stand as part of the seventh article? and,

Yeas

It was determined in the negative, Nays

Those who voted in the affirmative are,

24

25

Messrs. Atchison, Badger, Chase, Davis, Dodge of Iowa, Dodge of Wisconsin, Fish, Foot, Geyer, Hale, Hamlin, James, Jones of Iowa, Mangum, Miller, Morton, Shields, Smith, Soulé, Sumner, Toucey, Underwood, Upham, Wade.

Those who voted in the negative are,

Messrs. Adams, Bell, Berrien, Borland, Bradbury, Bright, Brodhead, Butler, Dawson, De Saussure, Downs, Felch, Houston, Hunter, Jones of Tennessee, King, Mallory, Norris, Pearce, Rusk, Sebastian, Spruance, Walker, Weller, Whitcomb.

So the motion was not agreed to.

On motion by Mr. Rusk,

To fill the blank with the following words: the term of ten years, with a right to continue the same, at the discretion of the President of the United States, for a period not exceeding five years thereafter,

The question was stated, Shall these words stand as part of the seventh article? and

Yeas....

It was determined in the affirmative, eas

Those who voted in the affirmative are,

35

16

Messrs. Adams, Atchison, Bell, Berrien, Bradbury, Brooke, Butler, Chase, Clarke, Dawson, Dodge of Wisconsin, Dodge of Iowa, Douglas, Downs, Felch, Geyer, Hamlin, Houston, James, Jones of Iowa, King, Mallory, Mangum, Miller, Morton, Pearce, Rusk, Sebastian, Shields, Smith, Soule, Sumner, Underwood, Upham, Weller.

Those who voted in the negative are,

Messrs. Badger, Borland, Bright, Brodhead, Davis, De Saussure, Fish, Foot, Hale, Hunter, Jones of Tennessee, Seward, Spruance, Toucey, Wade, Whitcomb.

So the motion was agreed to.

Mr. Atchison submitted the following resolution for consideration: Resolved, (two-thirds of the senators present concurring,) That the Senate advise and consent to the ratification of the articles of a treaty made

and concluded at Fort Laramie, in the Indian territory, between D. D. Mitchell, superintendent of Indian affairs, and Thomas Fitzpatrick, Indian agent, commissioners specially appointed and authorized by the President of the United States, of the first part, and the chiefs, headmen and braves of the following Indian nations, residing south of the Missouri river, east of the Rocky mountains, and north of the lines of Texas and New Mexico, viz: the Sioux or Dah-co-tahs, Cheyenes, Arrapahoes, Crows, Assiniboines, Gros-Ventres, Mandans and Ariccarees, parties of the second part, on the seventeenth day of September, anno Domini one thousand eight hundred and fifty-one, with the following amendment, viz:

Article 7, strike out the words "fifty years," and insert in lieu thereof the following: the term of ten years, with the right to continue the same, at the discretion of the President of the United States, for a period not exceeding five years thereafter.

The Senate by unanimous consent proceeded to consider the said resolution; and,

It was determined in the affirmative, s

Those who voted in the affirmative are,

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7

Messrs. Adams, Atchison, Bell, Berrien, Borland, Bradbury, Brooke, Butler, Cass, Chase, Clarke, Davis, Dawson, De Saussure, Dodge of Wisconsin, Dodge of Iowa, Douglas, Downs, Felch, Foot, Geyer, Hamlin, Houston, James, Jones of Iowa, Jones of Tennessee, King, Mallory, Mangum, Miller, Morton, Pearce, Rusk, Sebastian, Seward, Shields, Smith, Soule, Spruance, Sumner, Toucey, Underwood, Upham, Weller.

Those who voted in the negative are,

Messrs. Badger, Bright, Brodhead, Fish, Hale, Hunter, Wade.
So the resolution was agreed to.

Ordered, That the Secretary lay the said resolution before the President of the United States.

TUESDAY, MAY 25, 1852.

On motion by Mr. Atchison,

Ordered, That the injunction of secrecy be removed from the proceedings of the Senate upon the articles of a treaty made and concluded at Fort Laramie, in the Indian territory, with certain Indian tribes therein. mentioned, which was ratified with an amendment the 24th instant, and from the documents accompanying the same.