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"Journal of the Senate of the United States of America"

"Journal of the House of Representatives of the United States"

These Journals can be found at the Library of Congress, Washington D. C. I find it very interesting that there were so many that put in Memorials praying that the treaty of 1835 not be enforced, and the number of times these were read and tabled.

The clips that are listed here I have tried to keep within the years of 1830 and 1840.

Senate of the United States

Memorials put before the Senate - All of the memorials read the same with very little difference in how the information was printed

Example of the Memorials: Mr. Smith, of Connecticut, presented a memorial of Samuel Frisbie and others, inhabitants of the town of Branford, in the State of Connecticut, praying that the treaty of 1835, with the Cherokee nation, may not be enforced (or the end of the memorials will read as - against the compulsory removal of the Cherokee under the treaty of 1835)

Other items other then Memorials will be listed.

March 15, 1830 (Monday) House of Representatives

Memorials praying the Government of the United States to protect the Cherokee and other Indians tribes in their natural rights, and in the rights acquired by treaties between the said Indians and the Untied States, and that they may not be compelled, by force, to remove West of the river Mississippi were presented, as follows:

Andover, Massachusetts - Mr. Varnum for inhabitants
Northampton, Massachusetts - Mr. Bats for inhabitants
Southampton, Massachusetts - Mr. Angell for Inhabitants
Westhampton, Massachusetts - Mr. Howard for Inhabitants

Miami, Ohio - Mr. Lumpkin for inhabitants - praying that provisions be made for the colonization of the Indians now residing on the Eastern side of the river Mississippi, on the Western side of that river, and the said Indians may be removed thereto as soon as their consent can be obtained.

Mr. Condiet presented a memorial of citizens of the Cherokee tribe of Indians, remonstrating against the forcible removal of their tribe to the westward of the river Mississippi, and claiming the protection of the Government of the Untied Stats in the enjoyment and possession of their lands and other rights.

Order: that these memorials be referred to the Committee of the Whole House on the state of the Union to which is committed the report of the Committee on Indian Affairs on so much of the President's message as relates to Indian affairs.

On motion of Mr. Condict,

Order: That the memorials of the representatives of the Cherokee tribe of Indians, and of citizens of said tribe, presented by the Speaker on the 15th of February ultimo, be also committed to the Committee of the Whole House on the state of the Union.

March 18, 1830 (Thursday) Hose of Representatives

Mr. Condict moved the following resolution; which was read, and laid on the table, viz:

Resolved, that the President of the United States be requested to inform this House whether or not the intruders upon the lands belonging, to the Cherokee Indians, within the State of Georgia, have been removed; and if they have been permitted to remain upon said lands, what is the probable number of the intruders; what causes have prevented their removal; and whether or not the Cherokee Nation have expressed their desire to the Government of the United Stats that said intruders should be removed.

March 22, 1830 (Monday) House of Representatives

The Speaker presented a memorial of the Delegations of the Cherokee Nation of Indians, praying that the attention of Congress may be given to the claim of their nation, submitted at the lst Session of Congress, for interest on the moneys so long due them under the treaty of 1804; as also, for $1,589 deducted from their annuity in the year 1825, for the benefit of certain citizens of the Untied States, who had paid taxes agreeably to the laws of said nation; also, for a reimbursement of the sum of $779, deducted on the same ground, from their annuity for 1829; which memorial was referred to the Committee on Indian Affairs.

March 3, 1830 (Tuesday) House of Representatives

Whitestown, New York - Inhabitants
Rome, New York - Inhabitants

Mr. Storrs, of New York presented the memorials, praying Congress to extend the protection of the Government of the Untied States to the Cherokee and other Southern tribes of Indians, so as to prevent their removal, without their consent, to the Westward of the river Mississippi.

December 30, 183? (Monday) House of Representatives

Mr. Pope presented a petition of Robert Chappel, praying to be indemnified losses sustained by acts of the troops of the United States, while he resided in the Cherokee nation of Indians.

On motion of Mr. Bell,
Resolved, That the Secretary of War communicate to the House any information in his Department showing the value of Cherokee improvements assessed under the treaty of 1835; and that he also state what amount of money has already been paid for said improvements; whether the improvements of that portion of the Cherokees who have heretofore opposed the execution of said treaty have been examined, and the value thereof assessed; and whether any,, and what, portions of the value of said improvements has been paid, and in what manner; distinguish the amount paid to the Cherokees who have emigrated, for improvements, with the amount deducted there from for their debts, and the amount paid on account of the spoliations of such Cherokees; and that he also state the estimated balance of the five millions stipulated to be paid by said treaty, which will remain to be divided according to its provisions.

January 15, 1838 (Monday) Hose of Representatives

Mr. Stone presented a petition of Captain John P. Long, praying that the company of volunteers, raised in 1837, in obedience to the orders of Brigadier General Wool, commander of the army of the Cherokee nation, may be paid for their services.

Mr. Joseph L. Williams presented a petition of Hiram K. Turk, who was appointed by the agent of the Government of the United States in Cherokee nation, and special superintendent of Cherokee removals, to enroll the Indians for emigration, praying to be reimbursed the moneys paid by him for medial attendance, on account of an injury inflicted upon him by an Indian while in the discharge of his duties.

Mr. Everett presented a memorial and petition of John Ross, R. Taylor, Edward Gunter, James Brown, Samuel Gunter, Elijah Hicks, Sitewakee, and White Path, a delegation appointed by the Cherokee nation, on behalf of themselves and their constituents, remonstrating against a treaty alleged to have been concluded between the United States and the said Cherokee nation at New Echota, in December, 1835; which treaty they declare to have been concluded in fraud and deception, and, therefore, not obligatory on side nation; and complaining that the executive branch of the Government of the Untied Stats has determined to enforce the execution o said fraudulent treaty; and praying in interference and protection of the Congress of the Untied States in the premises.

February 4, 1835 (Wednesday)

Mr. Tipton presented the memorial of the Legislature of the State of Indiana, prying that provision may be made by congress for a speedy extinction of the Indian title to lands within the limits of that State, and the removal of the Indians beyond the limits of the State.

Order: That it be referred to the Committee of Indian Affairs

February 16, 1836 (Tuesday)

The following motion, submitted by Mr. White, was considered and agreed to:

Resolved, That the Secretary of War be, and be hereby is, requested to inform the Senate what number of Cherokee Indians, residing east of the river Mississippi, enrolled themselves for removal to the western side of said river, from the 4th day of March, 1829, to the 1st day of January last; stating particularly the numbers, enrolled each year; likewise, the number of improvements valued for such emigrants in each year, giving the name of each Indian for whom a valuation was made, a description of the place value, the sum at which it was valued, and the name of each person who received the valuation money; and, also, whether the business of enrolment was suspended for any portion of the time within the periods before mentioned, and how long.

March 7, 1836 (Monday)

The following message was received from the President of the United States, by Mr. Donelson, his Secretary:

Washington, March 5, 1836
To the Senate of the United States:

I submit to the Senate, for their advice and consent as to the ratification of the same, the treaty, and the supplement to it, recently concluded with the Cherokee Indians.

The Papers referred to in the accompanying communications from the Secretary of War, as necessary to a full view of the whole subject, are all herewith submitted.

Andrew Jackson.

The message and treaty were read.
Order: That the treaty and the accompanying documents be referred to the Committee on Indian Affairs, and printed in confidence for the use of the Senate.

March 11, 1836 (Friday)

Mr. Clay presented a memorial and protest of the Cherokee Nation; also,

In memorial of a large number of individuals of the Cherokee Nation; severally in opposition to the ratification of the Indian treaty communicated to the Senate on the 7th instant.

The memorials were severally read, referred to the Committee of Indian Affairs, and, with the accompanying papers, ordered to be printed in confidence for the Senate.

March 21, 1836 (Monday)

On motion by Mr. Clay,
Ordered, that the memorial of the Cherokee Nation, presented the 2d of March, 1836, with the accompanying documents, be printed for the use of the Senate; and that one hundred additional copies of the treaty with the Cherokee Indians, transmitted to the Senate on the 7th instant, and papers relating thereto, be sent to the Senate.

March 23, 1836 (Tuesday)

The following motion, submitted by Mr. White, was considered and agreed to:
Resolved, that the President be requested to cause the Senate to be furnished with a copy of all the correspondence which took place between the Secretary of War and the delegation of the Cherokee Indians of which John Ross was a member, between the 3d and 15th days of March, 1835

April 5, 1836 (Tuesday)

Mr. Swift submitted the following motion:
Resolved, that the injunction of secrecy be removed from the Cherokee Treaty, and the papers printed therewith, and those subsequently printed.

The Senate proceeded to consider the motion; and,

On motion of Mr. Niles,
Order: That it lie on the table.

The Vice President communicated a report of the Secretary of War, transmitting the correspondence required by the resolution of the Senate of the 23 March

April 8, 1836 (Friday)

On motion by Mr. White,
Resolved, that the President of the United States be, and he hereby is, respectfully requested to cause to be transmitted to the Senate the copy of a letter from W. M. Davis, and of the certificates which accompanied it, received by the Secretary of War since his message transmitting the treaty made with the Cherokee Indians, in December last, showing the circumstance under which the said treaty was made and concluded: Provide, in his judgment, there is no impropriety in do so, and the public interest will not be prejudiced there by.

April, 12, 1836 (Tuesday)

The following message was received from the President of the Untied States, by Mr. Donelson, his Secretary:

(CONFIDENTIAL)

Washington, April 12, 1836

To the Senate:
I transmit herewith a report from the Secretary of War, communicating the original letter from Major Davis, and the statements which accompany it, referred to in the resolution of the Senate of the 8th instant.

Andrew Jackson.

The message was read.
Ordered, That it be referred to the Committee of Indian Affairs.

April 19, 1836 (Tuesday)

Mr. White, from the Committee on Indian Affairs, to whom was referred the treaty with the Cherokee Indians communicated the 7th March, reported the same with amendments; which were read.

On motion by Southhard,
Ordered, that the message of the 12th instant, with the accompanying papers, relating to Cherokee Treaty, be printed in confidence for the use of the Senate.

Mr. Swift presented certain documents relating to the Cherokee treaty; which was ordered to lie on the table.

May 16, 1836 (Monday)

The treaty with the Cherokee Indians was read the second time, and considered as in Committee of the Whole, together with the amendments reported thereto.

On the question to agree to the first amendment, in the following words; "Strike out all after 'adjudicated,' in article 17, line 2, to the worked 'by,' in the 3d line,"

The question was put, "Shall these words, 'by General William Carroll and John F. Schermerhorn, or' stand part of the article?"

And it was determined in the negative - Nays 39

Those who voted, are:
Messrs. Benton, Black, Brown, Buchanan, Calhoun, Clayton, Crittenden, Cuthbert, Davis, Ewing of Illinois, Ewing of Ohio, Goldsborough, Grundy, Hendricks, Hilt, Hubbard, Kent, King of Alabama, King of Georgia, Leigh, Linn, Mangum, Moore, Nile, Porter, Prentiss, Preston, Rives, Robins, Robinson, Ruggles, Southhard, Swift, Tallmadge, Tomlinson, Walkers, Webster, White, Wright.

One the question to agree to the second amendment, viz:

"insert in line 4, of the 17th article, after the word 'States," the words 'by and with the advice and consent of the Senate,'

The question was put, "Shall these words stand part of the article?"

And it was determined in the affirmative - Yeas 36

One the question to agree to the 3d amendment, viz. Strike out the 20th article, in the following words:

"Art. 20. The United States do, also, hereby guaranty the payment of all unpaid just claims upon the Indians, without expense to them, out of the propel funds of the United States; for the settlement of which a cession or cessions of land has or have been heretofore made by the Indians in Georgia: Provided, the United States or the State of Georgia has derived benefit from the said cession or cessions of land, without having made payment to the Indians therefor, It is herby, however, further agreed and understood that, if the Senate of the United States disapprove this article, it may be rejected without impairing any other provision of this treaty, or affection the Indians in any manner whatever.

The question was put, "Will the Senate advise and consent to the ratification of this article?"

And it was determined in the negative,
Yeas - 12
Nays - 26.

No further amendments being made, the treaty was reported to the Senate; and,

On motion by Mr. Porter,
Ordered, That it lie on the table.

May 17, 1836 (Tuesday)

The Senate resumed the consideration of the treaty with the Cherokee Indians.

On the question to concur in the 1st and 2d amendments made in Committee of the Whole.

May 18, 1836 (Wednesday)

The Senate proceeded to consider the resolutions for the ratification of the Cherokee treaty.

A motion was made by Mr. Clay to strike out all of the resolutions after the word "Resolved," and to insert:

"That the instrument of writing, purporting to be a treaty concluded in New Echota on the 29th day of December, 1835, between the United States and the chiefs, head men, and people of the Cherokee tribe of Indians, and the supplementary articles thereto annexed, were not made and concluded by authority, on the part of the Cherokee tribe, competent to bind it; and therefore, without reference to the terms and conditions of the side agreement and supplementary articles, the Senate cannot consent to and advise the ratification thereof, as a valid treaty, binding upon the Cherokee tribe or nation."

"resolved, That the Senate do advise the President to open a new negotiation with the Cherokees on the east side of the Mississippi, or with persons invested by them with full powers to treat, in their behalf, upon the basis of a cession of the whole county of the Cherokees on the eat side of the Mississippi, or any part thereof that may be deemed most expedient and practicable."

And the question being stated by the Chair, "Shall the words proposed to be stricken out stand part of the resolutions?"

The yeas were 29.
The nays were 15.

Those who voted in the affirmative, are:
Messrs. Benton, Black, Brown, Buchanan, Cuthbert, Ewing of Illinois, Goldsborough, Grundy, Hendricks, Hill, Hubbard, King of Alabama, King of Georgia, Linn, McKean, Moore, Mooris, Niles, Prestion, Rives, Robinson, Ruggles, Shepley, Tallmadge, Tipton, Walker, Wall, White, Wright.

Those who voted in the negative, are:
Messrs. Calhoun, Clay, Clayton, Crittenden, Davis, Ewing of Ohio, Leigh, Naudain, Porter, Prentiss, Robbins, Southard, Swift, Tomlinson, Webster.

On motion of Mr. Calhoun,

The vote was reconsidered; and it was agreed that the question be stated, "Shall the amendment proposed by Mr. Clay be adopted?'

It was determined in the negative,
Yeas - 15
Nays - 29.

Those who voted in the affirmative, are:
Messrs, Calhoun, clay, Clayton, Crittenden, Davis, Ewing of Ohio, Leigh, Naudain, Porter, Prentiss, Robbins, Southard, Swift, Tomlinson, Webster.

Those who voted in the negative, are:
Messrs. Benton, Black, Brown, Buchanan, Cuthbert, Ewing of Illinois, Goldsborough, Grundy, Hendricks, Hill, Hubbard, King of Alabama, King of Georgia, Linn, McKean, Moore, Morris, Niles, Preston, Rives, Robinson, Ruggles, Shepley, Tallmadge, Tipton, Walker, Wright.

One the question to agree to the resolution, as submitted, for the ratification of the treaty.

It was determined in the affirmative,
Yeas - 31
Nays - 15

Those who voted in the affirmative, are,
Messrs, Benton, Black, Brown, Buchanan, Cuthbert, Ewing of Illinois, Goldborough, Grundy, Hendricks, Hill, Hubbard, Kent, King of Alabama, King of Georgia, Linn, McKean, Mangum, Moore, Morris, Niles, Preston, Rives, Robinson, Ruggles, Shepley, Tallmadge, Tipton, Walker, Wall, White, Wright.

Those who voted in the negative, are,
Messrs Calhoun, Clay, Clayton, Crittenden, Davis, Ewing of Ohio, Leigh, Naudain, Porter, Prentiss, Robbins, Southard, Swift, Tomlinson, Webster.

So it was
Resolved, (two-thirds of the Senators present concurring,) That the Senate do advise and consent to the ratification of the treaty between the United Stats of America and the Cherokee Indians, concluded at New Echota, the 29th of December, 1835, together with the supplementary articles thereto, dated the 1st day of March, 1836, with the following amendments:

Article 17, lines 1 and 2, strike out the words "be General William Carrol and John F. Schermerhorn, or."

In the 4th line of the 4th article, after the word "States," insert "by and with the advice and consent of the Senate of the United States."

Strike out the 20th article, which appears as a supplemental article.

Ordered, That the Secretary lay this resolutions before the President of the United States.

May 30, 1836 (Monday)

On Motion by Mr. White,
Ordered, That the injunction of secrecy be removed from the proceedings of the Senate on the treaty with the Cherokee Indians of the 29, December, 1835.
On motion by Mr. Southard,
Ordered, that the injunctions of secrecy be removed from the documents communicated to the Senate in relation to the treaty with the Cherokees of the 29th December, 1835.
Executive proceedings of the Senate of the Untied States on the nominations of Andrew Stevenson, John H. Eaton, Richard K. Call, and Arthur Middleton, jun.

May 3, 1838 (Thrusday)

The Vice president laid before the Senate a report of the Secretary of War, made in conformity with the "act to amend an act to regulate trade and intercourse with the Indian tribes, and to preserve peace on the frontiers." Order: That it lie on the table, and be printed.
_____

New Jersey - Citizens of
Mr. Southard presented this memorial, praying that the treaty of 1825, with the Cherokees, may not be enforced. Order: That it lie on the table, and be printed.
____

No State Given - For David Orery
Mr. Swift presented this petition, praying that the treaty with the Cherokee Indians, providing for their removal west of the Mississippi, may not be enforced. Order: That it lie on the table, and be printed.

May 10, 1838 (Thursday)

The Vice President laid before the Senate a report of the Secretary of War, Transmitting information, required by a resolution of the money belonging to Indians; which was read. Order: That it be printed
_____

Roxbury, Massachusetts - (No names given)
Plymouth, Massachusetts - The Commonwealth
Mr. Webster presented these memorials, severally praying that an investigation may be made into the circumstances connected with the formation of the Cherokee treaty of 1835, and that the removal of the Indians, in pursuance of its provisions, may be suspended. Order: That they lie on the table
_____

Litchfield, Connecticut - For Harley Goodwin and others
Mr. Smith of Connecticut, presented the memorial, praying that the Cherokee treaty of 1835 may not be enforced. Order: That it lie on the table.
_____

Hudson, Ohio - No names given
Mr. Morris presented the memorial, against the enforcement of the Treaty of 1835 with the Cherokee. Order: That it lie on the table

May 11, 1838 (Friday)
Amherst, New Hampshire - Mr. Price presented the memorial of Richard Boylston and others - Not to enforce treaty.

Boston, Ohio - Mr. Morris presented memorial of P. McMahon and others - Not to enforce treaty. Order: That it lie on the table
_____

Bristol, Connecticut - Mr. Niles presented memorial of Citizens of Bristol - Against the removal of the Cherokee Indians. Order: To lie on the table
_____

Liecester, Massachusetts - For Austin Flint and others
Concord, Massachusetts - 3 Memorials (no names given)
New York - For Sidney E. Morse and others
Mr. Davis presented these memorials, severally praying that the treaty of 1835 not be enforced. Order: To lie on the table
_____

New Jersey - 3 Memorials (no names given)
Union, New York - 2 Memorials (no names given)
Orange, New Jersey - 1 Memorial (no name given)
Burlington, New Jersey - 1 Memorial (no name given
Mr. Southhard presented these memorials for the citizens, severally praying that the treaty of 1835, with the Cherokee Nation, may not be enforced. Order: none given

May 22, 1838 (Tuesday)

The following message was received form the President of the Untied States, by Mr. Van Buren, his secretary:

To the Senate of the United States:
The accompany copy of a communication, addressed by the Secretary of War o the Cherokee delegations, is submitted to Congress in order that such measures may be adopted as are required to carry into effect the benevolent intentions of the Government towards the Cherokee Nation, and which, is it hoped, will induce them to remove peaceably and contentedly to their new homes in the west.

M. Van Buren
Washington, May 21, 1838
The message and the accompanying communications were read.

___

Branford, Connecticut - For Samuel Frisbie and others.
Mr. Smith, of Connecticut presented a memorial against the compulsory removal of the Cherokee under the treaty of 1835. Order: That it lie on the table

July 4, 1838 Independence Day (Wednesday) House of Representatives

A letter from the Secretary of War, transmitting copies of the correspondence between the Department of War and Major General Scott, in relation to the removal of the Cherokee Indians, as required by a resolution of the House.