of ten thousand dollars from the bank of the Northern Liberties, under the act of 7th December last; which increases the aggregate of debt before mentioned to the sum of eight millions, three hundred thousand doll

ars.

By the report of the canal commissioners, recently communicated to the legislature, it appears that the debts actually due upon the respective divisions of the canal, according to the reports of the acting commissioners and superintendents, amount to the sum of $1,398,790 67; and that the whole amount of work of every description, yet to be done upon the several divisions, as estimated by the principal engineers, is $2,060,74239: making an aggregate of three millions four hundred & fifty nine thousand five hundred & thirty-three dollars and six cents, to be provided for by the present legislature, by way of loan or otherwise, as to them shall seem most expedient.

57

the contributions of its citizens, the least spark of patriotism existing in the breast of the individual thus taxed, must silence all complaint.

Articles of luxury, also, of every description, which are not classed among the necessaries of life, but may be ranked among its conveniences and its comforts, and which are considered rather ornamental than useful, are always, in case the public exigencies require it, proper subjects for taxation; and there is reason to believe that from this source alone, should it be deemed inexpedient to resort to those already mentioned, a sufficient reven. ue might be derived, which, in addition to the objects already set apart for that purpose, would produce a fund adequate to the extinguishment of the interest, whicht may, from time to time, accrue on the sums, in which the commonwealth may stand indebted. A considerable revenue might also be raised, without much inconve cite and bituminous coal. nience to the public, by a light tax imposed on anthra

stitute the fund required, and which would ultimately Another mode of raising a revenue sufficient to con redeem the character of Pennsylvania from the only im putation which can with even a shadow of justice be alleged against her-the want of a fund on which to com It is a lamentable truth, that Pennsylvania is vastly in mence a general system of education-presents itself.the rear of most of her sister states in the march of learning and science; and it is a subject of the deepest rewithout distinction of party, that a fund for commencing gret among the wise and the virtuous of her citizens, a system of education, on liberal and enlightend principles, had not long since been set apart by the legislature. I assuredly need not say to the enlightened bodies to and our free institutions are but precarious blessings, which this communication is addressed, that our liberties and that sooner or later we shall be deprived of both, unless knowledge is disseminated among our citizens by means of education. This truth is self-evident, and cannot be denied. Every day's experience attests its verity, and shows the danger to be apprehended to the stability the part of our citizens. I would suggest, therefore, for of the republic, from a want of correct information on the consideration and the serious deliberation of the legislature, the propriety of providing by law, that the

From information recently received, from sources which may safely be relied on, there is reason to believe that little difficulty will exist in procuring on loan any sum or sums of money, which the present exigen cies of the commonwealth, or its future operations in relation to completing the works now in progress may require; and I would most earnestly recommend to the serious consideration of the legislature, the necessity of immediate action, on their part, in reference to this deeply interesting subject. The situation of the contractors on the several divisions of the canal, and of those employed by them, is represented as being in the highest degree distressing; and that immediate relief is indispensable, as well for the comfort of the individuals concerned, as for the honor of the commonwealth itself. To maintain the integrity and the credit of the state unimpaired, it is essential that some provision of a permanent nature, in addition to the fund already set apart for that purpose, should be made for the payment of the interest, as well of the existing loans of eight millions three hundred thousand dollars, above mentioned, as of the several sums to be borrowed from time to time hereafter. And as a means for raising a fund for that object, I would beg leave to suggest, either that the dividends hereafter to be declared on the stock held by the state, in the several banks in which it is a stockholder, and in case that should not be deemed sufficient, that commissioners of the several counties within this comso much of the capital stock itself owned by the commonwealth, as may be necessary to make up the defi-monwealth, in addition to the annual assessment of the ciency, be set apart as an additional fund for that object; ordinary county rates and levies, be authorized to assess a certain per centum of small amount, upon the prop or that a tax upon the income of individuals, other than that derived from real estate, be assessed and levied thro'-erty real and personal, trades and occupations, &c. of out the commonwealth, under such regulations as the the citizens, to be collected by the same officer to whom the collection of the county tax is entrusted, to be paid legislature may think proper to prescribe. Bonds, mortgages, judgments, &other evidences of debt, sioners of the internal improvement fund, and by them over by the several county treasurers to the commiscertificates of stock, of every description, & even money invested in the funds of the commonwealth, bearing art itself, never have, it is believed, been the subject of interest of five per cent.; the interest as it becomes due taxation in Pennsylvania: their possessors therefore nev- from time to time, to be likewise invested; and that the er have contributed, and do not now, so far as that spe- principal so invested, together with the interest there cies of property is concerned, contribute any thing by way of taxes, under the laws of the commonwealth reg-wealth, as and for a fund for the purpose of a general on accruing, shall be taken and held by the commonulating the county rates and levies, directing the mode of laying out and keeping in repair the public roads and system of education, and for no other purpose whathighways, or for the maintenance and support of the poor; whilst the proprietor of real estate which yields him a comparatively trifling income, and the more indigent citizen, the bulk of whose property may consist of a single cow, are obliged to sustain their proportionable share of the burdens imposed by those laws. Can it then be deemed either unjust or ungenerous, that the wealthy capitalist should be called on to contribute out of his abundance, a small portion of that substance, which has hitherto continued exempt from ordinary taxation, and been permitted to accumulate, without diminution for any public purpose, for the relief of that commonwealth, whose laws protect him in the enjoyment of that wealth from which his income is derived? Against this species of taxation, it seems to me, no rational objection can be urged; and when the exigencies of the republic require VOL. V

8

ever.

By this means, a fund for the most laudable of all purposes, and which would emphatically be the people's fund, would be imperceptibly raised; the commonwealth would be secure of a fund for the payment of its interest, and its citizens would scarcely feel the unimportant additional contributions such measure would exact. No reflecting citizen, certainly would object to the payment of it.

From the large amount of moneys heretofore expended on works of internal improvement, it must be appa rent to all, that economy has rarely entered into the system of expenditure; but that prodigality and profusion have, on the contrary, been its distinguishing characteristics: and this has doubtless been owing entirely to the fact, that hitherto (so far as I can learn) there høs

burse the same at any time
within that period, d

Canal loan, per act of 1st April
1826, re-imbursable 1st De-
cember 1846, e

Canal loan, per act of 9th April
1827, re-imbursable 1st De-
cember 1850, e

Canal loan,per act of 24th March
1828, re-imbursable 1st De-
cember, 1853, f

Canal loan, per act of 18th De-
cember 1828, re-imbursable
1st January 1854, ƒ
Canal loan, per act of 22d April
1829, re-imbursable 1st De-
cember 1854, ƒ

e The object of this loan is not specified in the act, but it is believed it was intended for the payment of Statement of Debts due on Loans by the Commonwealth appropriations for internal improvements and peniten-.

1830.]

MEETING RESPECTING THE INDIANS.

PUBLIC MEETING.

At a very numerous meeting of the citizens of the city of Philadelphia, and its adjoining Districts, held at the Hall of the Franklin Institute, on the 11th January, 1830, "for the purpose of considering the propriety of memorializing Congress that in any measure of the Government, in reference to the Cherokee and other Nations of Indians, the faith of the United States towards them may be inviolably preserved, "-On motion of ROBERT RALSTON, the venerable Bishop WHITE was requested to preside, who on taking the chair, made the following

address:

"Fellow Citizens: I solicit your indulgence, while, with brevity, I state to you the reasons of my consenting to the proposed honour, of presiding at this meeting, held with the view of having a bearing on civil legisla tion. What I am doing, is alien from the habits of my life; and, may be thought not in agreement with the decorum suited to the clerical character.

Being of the opinion that the rights of the citizen are not merged in what is appropriate to the ministry of the gospel; and knowing that the possession of constitutional rights cannot but exact the discharge of correspondent duties; I have always held myself not only privileged, but bound to declare my sentiments, and to accommodate to them my votes, on public measures of importanee. On the other hand, aware of the mischiefs produced by the meddling of ecclesiastical Politicians, have thought, that to others than ministers of the gospel the community should look for the taking of the lead, on questions relative to their civil interests.

59

The following gentlemen composed the committee:
Bishop White, the Chairman of the Meeting.
William M. Meredith,
Robert Ralston,
Peter S. Duponceau,
William Rawle,
Robert Smith,

Dr. Jonas Preston,
Edward Bettle,

Thomas M. Pettit,
Roberts Vaux,
Henry J. Williams.

The committee submitted to the meeting the following memorial:

MEMORIAL IN BEHALF OF THE CHEROKees. To the Senate and House of Representatives of the U. nited States of America, in Congress assembled, the Memorial of the Subscribers, Inhabitants of the City of Philadelphia, and the adjoining Districts, respectfully sheweth:

THAT in viewing the present condition of the Indians resident within our national limits, and the relations now subsisting between them and the U. States, your memorialists have been constrained to believe, that a very interesting crisis is approaching, and that in a short time questions must be issued, which will d、termine irrevocably the future destinies of the remnants of this primitive race.

It is with great sorrow and regret, that your memorialists have observed the gradual progress of measures, which in their opinion, must have the practical effect, either to drive whole tribes from the homes of their fathers into a distant wilderness, or to subject them to the operation of laws hostile to their feelings, destructive of their national character, and subversive of their rights as free and independent men.

If it should seem a departure from this principle, that I am now to take my seat in the chair behind me, my defence, is in the nature of the subject, which has bro't us together on this occasion. It is, that we may exercise the constitutional privilege of expressing our sense, their sincere convictions with regard to this important While presenting to Congress a brief statement of on a question expected to come before the Federal le- and deeply interesting subject, your memorialists feel gislature, relative to interests not of ordinary occurrence; it to be a duty distinctly to avow, that they are influenbut directed to a measure, in contrariety to the most im-ced by no party feelings, or private considerations; that perious claims of justice, to very affectinglappeals to our they have no desire to embarrass the operations of the humanity, and to the faith of the nation, often pledged Government, or to promote any covert or sinister purpo to a helpless and unoffending people, in rightful possesses--but that the sole motives by which they are actua sion of the territory from which they are threatened to

be withdrawn.

In the opinion of him who addresses you, it will not he superstitious to entertain the fear, that such an act of government, should it be put forth, may draw down on us some of the calamities, by which the righteous Ruler of the world, in the ordinary course of his providence, often causes, that a national sin shall be the beginning of a series of national sufferings, ending in the prostration of legitimate and free government.

For these reasons, I consider the object before us as claiming, that for the accomplishing of it, every heart should feel, every voice should be raised, and there should be put forth every energy; with moderation, but in such a direction as is the most likely to be efficient, Roberts Vaux and Henry J.Williams were then appoint

ed Secretaries.

The meeting was addressed by Wm. M. Meredith, who in conclusion, made the following resolutions, which were seconded and supported by T. M. Pettit, and on the question being put, unanimously agreed to.

ted, are deep sympathy for the distressed condition of olence, strict justice, and the most sacred inviolability the Aborigines, and an earnest desire that active benev. of plighted faith, may characterize every measure of the general government in reference to this people.

Whatever difference of opinion may exist as to the extent of the jurisdiction of savage nations over large tracts of territory, or of the rights of civilized people settling amongst them, it must certainly be admitted by all, that the descendants of the original inhabitants of this country, are entitled by immemorial inheritance to a home and a resting place upon the lands of their fathers, that their title to the soil by priority of occupation and constant possession, is paramount to that of every other claimant-and that, where they have, by succes

sive cessions of the soil become restricted to limits so

narrow, as barely to be sufficient for the comfortable exercise of the employments of civilized life-the controversy with regard to the abstract rights of aboriginal occupancy or possession must cease to exist, and the 1. Resolved, That in the opinion of this meeting the claim of the Indians to the undisterbod enjoyment of the conduct of the United States towards the Indians is deep-fields and forests of their ancestors, receive full sanction, no less from the dictates of a generous policy, than from ly interesting to our national character; that their condition makes a most powerful appeal to our sympathies; the rigid principles of immutable justice. -that it would be as cruel as unjust to compel them to abandon the graves of their fathers, and seek a home in a distant land: and that it is expedient at this time to petition congress that the faith of the United States may be inviolably preserved towards them.

It must also be conceded, that upon the first settle ment of America, the various Indian tribes inhabiting this continent, were free and independent nations, subject to no rulers but their own;-within the limits of the United States the various European settlers obtained by

2. Resolved, That a committee be appointed to sub-treaty or purchase, their first actual rights to the soil; mit to this meeting the draft of a memorial to Congress, in accordance with the principles of the foregoing res olution.

successive treaties or purchases, or in some cases wars and conquests, enlarged these possessions and abridged the territories of the original proprietors. Instances are

being precluded from a right of pursuit into the Indian territorics. It defines the measures to be pursued by each of the contracting nations in case of injury receiv ed from the other-how reprisals shall be made, and in what manner war declared. It establishes, in short, va

also to be found in which some of the Indian nations, from choice or compulsion, have relinquished some of the powers and functions of independent sovereignties, and become in various degrees subject to the will and the law of the whites; but it is nevertheless the decided opinion of your memorialists, that where the origi-rious relations between the two parties to the compact, nal Indian title to lands has not been fairly and fully abrogated, either by the gradual decay and final extinction of the primitive occupants, or by treaty or purchase, it remains in full force and virtue, and will forever continue whilst the descendants of the original proprietors assert their claims to the soil.

It also appears self evident that the various Indian nations within our Territorial limits, must retain the rights of freedom and self government except so far as these may have been, or shall hereafter be relinquished, by treaty or concession. Your meinorialists assert these principles with the more confidence, from the full persuasion that they have been recognized by the Federal government, from the adoption of the Constitution of the United States down to a very recent period-and not only so but that their soundness has been practically acknowledged in the settlement of Pennsylvania as well as by some other members of the Union.

Having thus briefly advanced a few general propositions, your memorialists beg leave to call the serious attention of Congress to the existing condition, and to the former and present relations subsisting between the Government of the United States and the Cherokees, Creeks, and some other Indian nations. In order, however, to confine themselves within the limits proper to be observed in papers of this character, and as they conceive that the case of one of these tribes will sufficiently illustrate the general history and relations of the others in their vicinity, your memorialists will confine their remarks principally to the case of the CHEROKEES.

which are wholly inappropriate and absurd on any other supposition than that both were sovereignties, so far independent as to be capable of retaining or ceding their lands and territories, or of maintaining in plenitude, or relinquishing in part; attributes and functions only inherent in independent nations. Permit us next to examine the Indian title to the soil, as recognised in this treaty; and, fortunately, the terms in which it is expressed are concise and unequivocal. The seventh article of the treaty is in these words:-"The U. States solemnly guarantee to the Cherokee nation all their lands not hereby ceded." By the two subsequent arti cles, all persons other than Indians, were precluded from settlement, hunting, or even from the right of passage through the Cherokee lands-settlers being punishable by the Indian laws, and passengers being obliged to have regular passports. By the 14th article of the treaty, the absolute right of the Cherokees to their lands in fee, is completely acknowledged, and their continued occupancy of them is anticipated in a remarkable manner. It states that in order "that the Cherokee nation may be led to a greater degree of civilization, and to become herdsmen and cultivators, instead of remaining in a state of hunters, the United States will from time to time furnish gratuitously the said nation with useful implements of husbandry," &c. From what we have recited, it therefore plainly appears, that the U. States, in the year 1791, regarded these Indians as a separate people, then living under their own laws, and that the General Government guaranteed those lands in perpeThis tribe of Indians at the commencement of the tuity to them, and their descendants, by a pledge no less Revolution, was in possession of an extensive territory solemn and sacred than the plighted faith of the nation; under the protection of the King of Great Britain, and and it may be remembered, moreover, that the Cherothe first treaty held with them by the United States, af kees are by this very compact precluded from holding ter the peace, was in the year 1785. In this treaty the "any treaty with any foreign power, individual State, or Cherokees were acknowledged to be "under the protec- with the individuals of any State;" they were then and tion of the United States of America, and of no other Sov-now are under the sole protection of the United States, erign whatever." The limits between their territories and those of the United States, were accurately defined. Stipulations with regard to the delivery and punishment of criminals, and fugitives from justice, were reciprocally adjusted; and several other provisions were embraced in the treaty calculated distinctly to show, that the Cherokees were considered by the United States as an independent people, and that their integrity as a nation and their sole exclusive right to the lands which they occupied, were at that time fully conceded and confirm ed. Subsequently to the ratification of this treaty, difficulties occurred between the white settlers and the In- The next treaty is dated in 1798, and was held at dians, which terminated in war and bloodshed, and it Tellico, "on Cherokee ground." By this compact lands became necessary in order to restore tranquility to the were ceded to the United States; a new boundary was belligerents, again to have recourse to negotiation.-directed to be run between them and the CherokeesAccordingly, in the year 1791, the Federal Constitution former treaties were confirmed-efforts were contemhaving been adopted, and the treaty making power hav-plated to promote their further civilization, and thus to ing by that instrument been conferred upon the Presi- insure their continued abode, upon the residue of their dent and Senate of the United States, President Wash-lands, and lastly, the United States declared that they ington and the Senate, ratified with the Cherokee nation the treaty of Holstein.

As this instrument was the production of our illustripus first President, and of a cabinet not since surpassed either in ability or prudence; and as it formed the basis, to a greater or less extent, of all the subsequent treaties between the United States and this nation, your memorialists would beg leave to notice some of its prominent features. In the title, preamble, and first article, it is set forth to be a treaty "of perpetual peace and friendship" between the United States on the one part and the Cherokee nation on the other part. It provides, further, that the United States shall demand fugitives from justice fleeing into the Cherokee country, from the competent authorities of that nation, the U. States

excluded by express stipulation from any official knowl, edge of, communication with, and are totally irresponsible to, any other State or individual.

In 1792 and 1794, treaties were concluded with the Cherokees at Philadelphia, confirming the treaty of Holstein, (in the words of one them,) "as well in respect to the boundaries therein mentioned as in all other respects whatever." In the administration, then, of Washington, we find three treaties, all guaranteeing to the Indians the possession of their lands and laws, by the most solemn sanctions.

would "continue the guarantees of the remainder of their country for ever, as made and contained in former treaties." Three other treaties were afterwards concluded between the United States and the Cherokees at Tellico. The last in 1805, ceding additional portions of the Cherokee territory, but reserving the Indian title to the remainder, in the same state that it had been left by former treaties. In 1806, a treaty was held at Washington, and a supplemental one in 1807, within the Indian territories; and in 1816 another treaty at Washington, all between the United States and the Cherokees, in their character as an independent people, making additional cessions of land, and settling some questions relative to boundaries. By a treaty ratified in 1816 at Washington, during the presidency of James Madison, the Cherokees