_May 6, 1830_.
_To the Senate of the United States_.
GENTLEMEN: The accompanying propositions, in the form of a treaty, have
been recently sent to me by special messenger from the Choctaw Nation of
Indians, and since it was received a protest against it has been
forwarded. Both evince a desire to cede to the United States all their
country east of the Mississippi, and both are here submitted. These
measures are the voluntary acts of the Indians themselves. The
Government was not represented in the councils which adopted them, nor
had it any previous intimation that such steps were in contemplation.
The Indians convened of their own accord, settled and executed the
propositions contained in the treaty presented to me, and agreed to be
bound by them if within three months they should receive the approbation
of the President and Senate. The other measure is equally their own.
It is certainly desirous, on various and very pressing accounts, as will
appear from the accompanying documents, that some agreement should be
concluded with the Indians by which an object so important as their
removal beyond the territorial limits of the States may be effected. In
settling the terms of such an agreement I am disposed to exercise the
utmost liberality, and to concur in any which are consistent with the
Constitution and not incompatible with the interests of the United
States and their duties to the Indians. I can not, however, regard the
terms proposed by the Choctaws to be in all respects of this character;
but desirous of concluding an arrangement upon such as are, I have drawn
up the accompanying amendments, which I propose to offer to the Choctaws
if they meet the approbation of the Senate. The conditions which they
offer are such as, in my judgment, will be most likely to be acceptable
to both parties and are liable to the fewest objections. Not being
tenacious, though, on the subject, I will most cheerfully adopt any
modifications which on a frank interchange of opinions my constitutional
advisers may suggest and which I shall be satisfied are reconcilable
with my official duties.
With these views, I ask the opinion of the Senate upon the following
questions:
Will the Senate advise the conclusion of a treaty with the Choctaw
Nation according to the terms which they propose? Or will the Senate
advise the conclusion of a treaty with that tribe as modified by the
alterations suggested by me? If not, what further alteration or
modification will the Senate propose?
I am fully aware that in thus resorting to the early practice of the
Government, by asking the previous advice of the Senate in the discharge
of this portion of my duties, I am departing from a long and for many
years an unbroken usage in similar cases. But being satisfied that this
resort is consistent with the provisions of the Constitution, that it is
strongly recommended in this instance by considerations of expediency,
and that the reasons which have led to the observance of a different
practice, though very cogent in negotiations with foreign nations, do
not apply with equal force to those made with Indian tribes, I flatter
myself that it will not meet the disapprobation of the Senate. Among the
reasons for a previous expression of the views of the Senate the
following are stated as most prominent:
1. The Indians have requested that their propositions should be
submitted to the Senate.
2. The opinion of the Senate in relation to the terms to be proposed
will have a salutary effect in a future negotiation, if one should be
deemed proper.
3. The Choctaw is one of the most numerous and powerful tribes within
our borders, and as the conclusion of a treaty with them may have a
controlling effect upon other tribes it is important that its terms
should be well considered. Those now proposed by the Choctaws, though
objectionable, it is believed are susceptible of modifications which
will leave them conformable to the humane and liberal policy which the
Government desires to observe toward the Indian tribes, and be at the
same time acceptable to them. To be possessed of the views of the Senate
on this important and delicate branch of our future negotiations would
enable the President to act much more effectively in the exercise of his
particular functions. There is also the best reason to believe that
measures in this respect emanating from the united counsel of the
treaty-making power would be more satisfactory to the American people
and to the Indians.
It will be seen that the pecuniary stipulations are large; and in
bringing this subject to the consideration of the Senate I may be
allowed to remark that the amount of money which may be secured to be
paid should, in my judgment, be viewed as of minor importance. If a fund
adequate to the object in view can be obtained from the lands which they
cede, all the purposes of the Government should be regarded as answered.
The great desideratum is the removal of the Indians and the settlement
of the perplexing question involved in their present location--a
question in which several of the States of this Union have the deepest
interest, and which, if left undecided much longer, may eventuate in
serious injury to the Indians.