william hendricks’ political circulars to his constituents

William Hendricks’ Political Circulars to his Constituents : First Senatorial Terni, 1826-1831*

Edited b y Frederick D. Hill**

The Indiana General Assembly elected William Hendricks to the United States Senate on January 12, 1825. Hendricks had won his last congressional reelection in 1820 by a margin of more than ten to one and had been elected governor in 1822 without opposition, but his senatorial election was close. He trailed his leading opponent, Judge Isaac Blackford of the Indiana Supreme Court, by one vote on each of the first two ballots, but he was elected on the fourth ballot 32 to 30.l When Governor Hendricks resigned in February, 1825, a month after being elected to the Senate, he had served only a little more than two years of the three year term to which he had been elected.2

Senator Hendricks arrived a t Washington on March 3, 1825, to attend the inauguration of President John Quincy Adams and to sit in the special session of the Senate, which convened the next day to act on the new president’s appointments.3 This time he was no stranger on Capitol Hill. Eight

* An introduction to the political career of William Hendricks and a discussion of political circulars and their use by Hendricks and others were included in the f i r s t installment in this series. See Frederick D. Hill, [ed.] , “William Hendricks’ Political Circulars to his Constituents: Congressional Period, 1816-1822,” Indiana Magazine of History, LXX (December, 1974), 296-309.

** Frederick D. Hill is professor of history at Indiana Central Uni- versity, Indianapolis.

Dorothy Riker and Gayle Thornbrough, comps., Indiana Election Returns, 181 6-1861 ( Indiana Historical Collections, Vol. XL; Indian- apolis, 1960), 127; ibid., 73-74. Returns from Knox, Monroe, Scott, and Washington counties, being from the Corydon Indiana Gazette, August 31 and September 17, are unofficial. Ibid., 138.

2 William Hendricks to Secretary of State William W. Wick, Febru- a r y 12, 1825, William H. English Papers (Indiana Historical Society Library, Indianapolis).

3 William Hendricks to Dennis Pennington et al., September 26, 1828, Madison Indiana Republican, October 15, 1828.

Hendricks’ Circulars 125

of the senators had sat with him in the House of Representa- tives between 1816 and 1822.4

When Congress convened in regular session in December, Hendricks quickly went to work on behalf of his constituents. At his suggestion the Senate created a Select Committee on Roads and Canals. The next day he was made chairman of the committee, and ten days later he moved that the committee be instructed to study federal aid to Indiana to build a canal connecting the Wabash and Maumee rivers.5 At the beginning of each session of Congress from 1825 to 1829, Hendricks moved the creation of this select committee; and each time, the committee was created and he was made its chairman. Then in January, 1830, Roads and Canals was made a standing committee, and the next winter Hendricks was again its chairman.& During this initial senatorial term he also served four sessions on the Standing Committee on Con- tingent Expenses of the Senate; four on Military Affairs; and three on Indian affair^.^ But his energies were devoted primarily to internal improvements and the work of the Com- mittee on Roads and Canals.

Senator Hendricks was a diligent legislator, voting on more than ninety-five percent of the roll calls during his first term. Though he maintained his freedom of action, and no faction could legitimately claim him as a partisan, he usually acted with the majority.H He voted with them on about seventy- five percent of the procedural questions and about sixty-five

4 James L. Harrison, comp., Biographical Direc tory of the Amer ican Congress, 1774-1949 (Washington, 1950), 110-35, 143-49.

5 Sena te Journal , 19 Cong., 1 Sess. (U.S. Serial Set 124), 32-33, 38, 55 (December 12, 13, 22, 1825).

(i Ibid., 32-33, 38 (December 12, 13, 1825) ; ibid., 19 Cong., 2 Sess. (U.S. Serial Set 143), 35 (December 13, 1826); ibid., 20 Cong., 1 Sess. (U.S. Serial Set 162), 36 (December 13, 1827); ibid., 20 Cong., 2 Sess. (U.S. Serial Set 180) , 30 (December 15, 1828); ibid., 21 Cong. 1 Sess. (U.S. Serial Set 191), 24, 90 (December 9, 1829, January 18, 1830); ibid., 21 Cong., 2 Sess. (U.S. Serial Set 202), 6 (December 7 , 1830).

7 Ibid., 19 Cong., 1 Sess. (U.S. Serial Set 124) , 32 (December 12, 1825); ibid., 19 Cong., 2 Sess. (U.S. Serial Set 143), 30 (December 11, 1826) ; ibid., 20 Cong., 1 Sess. (U.S. Serial 162) , 28, 29 (December 10, 11, 1827) ; ibid., 20 Cong., 2 Sess. (U.S. Serial Set 180), 22, 23 (December 9, 1828) ; ibid., 21 Cong., 1 Sess. (U.S. Serial Set 191), 23 (December 9, 1829); ibid., 21 Cong., 2 Sess. (U.S. Serial Set 202), 6 (December 7 , 1830).

This was a period of transition from the nonpartisan “era of good feeling” to the partisan Jacksonian era, and national parties were just beginning to reemerge. Senators and representatives were sometimes described as Adams-Clay men or Jackson men, but many defied classifi- cation. New majorities, therefore, based on shifting alliances, often had to be mobilized issue by issue.

126 Indiana Magazine of History

percent of the amendments proposed. On passage of bills Hendricks voted with the majority about eighty-five percent of the time. He and James Noble, the other senator from Indiana, frequently disagreed on procedural matters and sometimes opposed each other in substantive debate. But they stood together on about eighty-five percent of the roll call votes in which both participated.9

Few problems of national importance are resolved quickly, and the political circulars that Senator Hendricks wrote during his first term show the persistence of many questions that he had treated while in the House of Representatives. Proposed changes in public land policy and the proper relation to Latin American republics continued to receive detailed coverage; internal improvements and Indian affairs became major issues and were reported in depth; and the controversial tariff question was occasionally reviewed.

Congress had ended credit sales of public lands in 1820 and the next year had passed a comprehensive relief law to lighten the burden of purchasers already in arrears and to hasten liquidation of the accumulated indebtedness. At that time Hendricks believed this law to be broad enough to satisfy completely the need for relief.’” He was mistaken, however, and Congress repeatedly extended the deadline for claiming benefits under the law and liberalized its terms.I1

By the middle of the 1820s western states were dotted with unsold tracts of public land because settlers moving westward bypassed areas that seemed less fertile or were less readily accessible to purchase what appeared to be choice land. Bills that provided for pricing public land according to its desirability, measured by the length of time i t had been on the market and remained unsold, were being introduced at every session of Congress. The most popular graduation proposal would have reduced the price of land already on the

cfi These statistics were compiled from roll call votes recorded in the Reg i s t e r of Debates, 19-21 Cong. (March 4, 1825-March 3, 1831).

10AnnaZs of Congress, 16 Cong., 1 Sess., Appendix 2578-80 (April 24, 1820); ihid., 16 Cong., 2 Sess., Appendix 1795-98 (March 2, 1821); see Hill, “William Hendricks’ Political Circulars to his Constituents: Congressional Period, 1816-1822,” 335-38.

‘1 A n n a l s of Congress, 17 Cong., 1 Sess., Appendix 2591-92 (April 20, 1822) ; ibid., 17 Cong., 2 Sess., Appendix 1408 (March 3, 1823) ; ibid., 18 Cong., 1 Sess., Appendix 3219-20, 3231-32 (May 18, 26, 1824) ; Reg i s t e r of Debates, 19 Cong., 1 Sess., Appendix xii-xiii (May 4, 1826) ; ibid., 20 Cong., 1 Sess., Appendix xxiii (May 23, 1828) ; ibid., 21 Cong., 1 Sess., Appendix xiii (March 31, 1830); ibid., 21 Cong., 2 Sess., Appendix 17 (February 25, 1831).

Hendricks’ Ci rcu lars 127

market to one dollar per acre on March 1, 1827, and continued to reduce it twenty-five cents per acre each year. If any remained unsold after one year on the market a t twenty- five cents per acre, it would be ceded to the state in which it was located. Most congressmen from the thirteen original states were opposed to graduating the price of public lands, however, and no such law was enacted a t this time.12

During the 1827 debate on graduation, Hendricks labeled the current public land policy unjust and offered an amendment that would have limited graduation to lands in the territories and ceded all other public lands to the states in which they were located. Though he had earlier supported the prohibition of slavery as a condition for the admission of Missouri to the Union, Hendricks now denied the power of Congress to condition the admission of a state by retaining title to public lands located therein. He took his stand on the Ordinance of 1787, which provided for the admission of new states “on an equal footing with the original States in all respects whatever,’’ and on the Constitution, into which he read the same idea.’d Federal control of public lands in the states and tax exemption for these lands while public and for five years after they passed into private hands, he said, were “contrary to the spirit of the Constitution.” According to him “rights of soil and taxation are inseparable from the sovereignty of every independent state.”’* The Madison Ind iana Republicun credited Hendricks with originating the cession concept and along with the Indianapolis Ind iana Journal applauded his initiative and diligence. Despite the efforts of Hendricks and others, however, his cession proposal was repeatedly rejected by Congress.“

In his circulars Hendricks usually alluded to the international scene. At various times he mentioned revolutions in Europe or the possibility of war there, and he applauded any

Zbid., 19 Cong., 2 Sess., 39-52 (January 9, 1827). 1 3 Henry S. Commager, ed., Documents of Aiizerican History (New

York, 1963), 131, 144. ‘4 Regis ter of Debates, 19 Cong., 2 Sess., 49-50 (January 9, 1827) ;

ibid., 20 Cong., 1 Sess., 151, 155, 162-65 (January 28, 1828). For Hend- ricks’ arguments see below, pp. 148-49, 153-56, 160-61, 165-66.

li, Editorials, Madison Indiana Republ ican , January 7 , February 25, March 18, 1829; ibid., Indianapolis Indiana Journal , March 20, December 20, 1828. See Malcolm Rohrbough, L a n d Of f i ce Business: T h e Se t t le - m e n t and Adnzinistration of Amer ican Public Lands , 1789-18.77 (New Pork, 1971) for full coverage of public land policy.


trend toward political liberalism. Concern was evident, however, only if the situation seemed to threaten American commerce. Then he would comment on the presence of naval squadrons in the Mediterranean, the Caribbean, or elsewhere to protect that trade.I6

The most controversial and time consuming diplomatic question that came before the Senate between 1825 and 1831 was the matter of delegates to the Panama Congress. In 1822 the United States had been the first nation outside Latin America to recognize the new republics there. Three years later these republics invited the United States to send delegates to a congress scheduled to convene in Panama in June, 1826. Though a majority of the senators favored this mission, antiadministration forces in the Senate delayed confirmation of the proposed delegates, and the congress adjourned before they 8 r r i ~ e d . I ~ On every roll call during the controversy, Hendricks took the stand he felt would expedite the mission, because he believed in the wisdom of a friendly policy toward neighbors and saw prospects of a growing commerce with them.18

Though Spain no longer exercised authority on the western continents, political conditions in her former colonies were a disappointment to friends of republican government. According to Hendricks, the minority in these new republics had not learned to submit to the majority, and the result was military despotism.13

As Americans settled the interior, they found natural waterways to be a valuable but inadequate means of moving people and goods. Streams were seldom close enough, and rapids and other obstructions often hindered navigation. Im- provement of transportation was possible through clearing rivers, building roads, and digging canals, but western states, deprived of public lands and the privilege of taxing public and newly sold lands, lacked the resources to do the job. As chairman of the Senate Committee on Roads and Canals, Hendricks welcomed responsibility for screening proposals for federal aid and recommending appropriations.

'fi See below, pp. 151, 161-62, 172-73. 17 Register of Debates, 19 Cong., 1 Sess., 148-51 (March 14, 1826).

See George Dangerfield, The Awakening of American Nationalism, 1815- 1828 (New York, 1965), 248-57, regarding the Senate's treatment of the president's appointees.

1 8 See below, pp. 141-43. I!) See below, p. 172.


The Cumberland Road, begun at Cumberland, Maryland, in 1811, was opened to the Ohio River in 1817. In 1825 construction began between the river and Zanesville, Ohio. In 1827 surveyors located the route in Indiana; in 1829 an appropriation was made for construction there; and a few months later work was begun.2n Many eastern congressmen, desiring to keep expenditures for the road low, disputed its need, expressed concern over depletion of the two percent fund, and repeatedly questioned its constitutionality. Hend- ricks insisted that the road had “increased the wealth of the country to an amount f a r greater than the sums that had been expended in its construction”; and he contended that if Congress had not the constitutional authority to appropriate funds for Cumberland Road construction, neither had it the constitutional authority to bargain for tax exemption for public and recently sold lands in the new states with the promise of using two percent of the net proceeds of land sales in each new state t o build roads to that state.?’ Despite eastern resistance, Congress made regular appropriations for continued construction of the Cumberland Road.12

Another project vital to many Indiana settlers was the Wabash and Erie Canal. In 1824 Congress had granted a right of way one hundred eighty feet wide and authorized the state to build a canal connecting the Wabash and Maumee rivers, ultimately to create a waterway between the Ohio River and Lake Erie. The General Assembly did not accept the grant, however, because there was no way to finance construction.23 In 1826 Hendricks laid before the Senate a bill that would have given Indiana a strip of land three miles wide on each side of the proposed canal to finance its construction. The bill that became law the next year granted alternate sections in a strip ten miles wide.24

During debate Hendricks attempted to answer all constitutional arguments against federal aid to this project.

2n Lee Burns, Tlie National Road in Indiana ( Ind iana Historical

2 1 Reg i s t e r of Debates, 20 Cong., 1 SESS., 118-19 (January 23, 1828). 2 L See Philip D. Jordan, T h e Nat ional Road (Indianapolis, 1948) f o r

a popular account of the construction of this famous road and life and work along it.

21 Annals of Congress , 18 Cong., 1 Sess., Appendix 3252-53 (May 26, 1824) ; Sena te Journal , 19 Cong., 1 Sess. (U.S. Serial Set 124) , 153 (February 20, 1826).

24 Indianapolis Ind iana Journal , March 21, 1826; Reg i s t e r of Debates, 19 Cong., 2 Sess., Appendix xix-xx (March 2, 1827).

Socie ty Publications, Vol. VII , No. 4 ; Indianapolis, 1919), 216-20.

130 Indiana Magazine o f History

Citing the Ordinance of 1787, which provided that “the navigable waters leading into the Mississippi and St. Law- rence, and the carrying places between the same, shall be common highways, and forever free,” he contended that by this provision the “portage, between the navigable points of the Wabash and the Miami of Lake Erie [Maumee River], is declared to be a common highway,” and the national government had assumed responsibility for maintaining and developing it.’;

Hendricks attributed passage of the canal bill at this time to the fact that Indian titles to land in the area had been extinguished, and surveys had shown the canal’s feasi- bility. Others gave considerable credit to him. According to the Indianapolis Gazette, “The faithful exertions of Mr. H. to promote” the Wabash canal and “every other work calculated to add to the glory and advantage of the country at large, has excited feelings of gratitude, deeply implanted in the hearts of his fellow citizens.” Later an anonymous com- mentator gave Hendricks credit for developing the plan to grant the state alternate sections in a strip five miles wide on each side of the canal to finance construction; and he also credited him with steering the Wabash canal bill through Congress in 1826 and 1827 with the help of Representative Daniel Webster from Massachusetts and Speaker of the House John W. Taylor from New York.z6

When Hendricks entered the Senate in 1825, Indians still held the greater par t of Indiana north of the Wabash River plus several tracts south of it, The next year the Potawatomi and Miami tribes relinquished an estimated three million acres lying north of the Wabash and extending from the Tippecanoe River to the Ohio line.27

In 1828 Hendricks believed that the Potawatomi were ready to give up another large area in northeastern Indiana. When Congress appropriated funds for treating with several tribes for the cession of lands in Michigan and Illinois, he asked the executive department to include Indiana land in the negotiations though i t was not mentioned in the appro-

>,; Commager, Documents of American History, 131 ; Indianapolis Indiana Journal, February 20, 1827.

z(i See below, p. 146; editorial, Indianapolis Gazette, November 27, 1827 ; communication, August 22, 1842, in Washington National Intell i- gencer, September 7, 1842.

“7 R. Carlyle Buley, The Old Northwest: Pioneer Period, 1815-1840 (2 vols., Indianapolis, 1950), I, 111-15. See below, pp. 145-46.


priation bill. The president instructed the commissioners to do so, and a tract of 1,200,000 acres, lying east of the head- waters of the Tippecanoe and Kankakee rivers, was acquired. Pride broke through Hendricks’ usual cloak of modesty, and he said privately, “The instructions too to the commissioners for the purpose of this purchase emanated from the War Dept. a t my special request which makes i t not the less satisfactory to me.””

Friction between white men moving westward and In- dians whom they encountered was not a new problem, but i t was becoming an acute one in the South. The westward migration of cotton planters was creating irresistible pressure for more land, and fearing “degradation and extermination” of the Indians, President James Monroe in 1825 suggested removal as a way to “not only shield them from impending ruin, but promote their welfare and happiness.” He intended to compensate them generously for their property; grant them adequate lands beyond the reach of encroaching white men; and establish for them a suitable system of government. In 1828 President John Quincy Adams also recommended Indian removal, which he believed would “do justice to those unfortunate children of nature” and “secure to the members of our confederation their rights of sovereignty and of soil.’’2’1 The Indian Removal Act of 1830, which was passed early in Andrew Jackson’s administration, authorized the president to grant western lands to the eastern tribes in exchange for their lands east of the Mississippi River. The struggle was not over, however, because some southern tribes were still proud enough and strong enough to resist; but the die was

Hendricks consistently supported the acquisition of Jn- dian lands, but his reasons for doing so were not always the same. The Indians in Indiana, he seems to have believed, should as a matter of course surrender their lands to facilitate internal improvements and make room for settlers. The

Z x John Quincy Adams, Memoirs : Comprising Portions of H i s IIitrTy, 1795-1848, ed. Charles Francis Adams (12 vols., Philadelphia, 1874-1877), VIII, 19; William Hendricks to Edward Tiffin, October 16, 1828, Edward Tiffin Papers (Western Reserve Historical Society, Cleveland).

2o James D. Richardson, ed., A Compilation of the Messages and Papers of t he Pres idents (10 vols., Washington, 1896-1899), 11, 251, 416.

Reg i s t e r of Debates, 21 Cong., 1 Sess., Appendix xxxii-xxxiii (May 28, 1830). See Arthur H. DeRosier, Jr . , The R e / n o z d of the Choctcrw Ind ians (Knoxville, 1970) for the development of this removal policy t h a t became the national pattern.


southern Indians, however, were to be transported west of the Mississippi River by the national government to protect them from imminent violence and bloodshed at the hands of encroaching white men, encouraged by their state governments. Hendricks disapproved of the Indian policies of those southern states and insisted that the president had authority to use military means to protect the Indians from them, but he doubted the wisdom of doing so. “This is a crisis which has never arisen in the government,” he said. “When i t shall come i t may emphatically be said that the days of the republic are numbered.”31

Imports duties were a primary source of federal revenue, and the nation’s tariff policy became more controversial in the twenties. Despite the impending liquidation of the national debt and reduced need for revenue, the northern, middle, and western portions of the country favored raising rates to protect domestic manufacturing from foreign com- petition. Most southerners, however, being exporters of raw materials, favored tariff reduction. The tariff question got caught up in the political controversy between Jacksonians and Adams-Clay men, and the Tariff of 1828, called by some the “tariff of abominations,” satisfied no one. A moderate protectionist, Hendricks played no prominent role in this legislation. He believed, however, that after the national debt had been paid custom duties just high enough to cover current expenses, including internal improvements, would provide adequate protection for domestic m a n u f a c t ~ r i n g . ~ ~

Hendricks was a diligent senator who gave careful attention to the requests of his constituents and defended the interests of the state of Indiana as he understood them. New states had no heritage of sovereign status and were indebted to Congress for their existence. Under the terms of their admission they were dependent on that body for Indian removal, the availability of land for settlement, and money for the construction of internal improvements. Like many a west- erner, therefore, Hendricks looked more often to Washington than to his state capital for power and resources, and in that sense he was a nationalist. In such matters as prohibition of slavery in territories and new states, construction and maintenance of internal improvements at federal expense, and

31 See below, pp. 139-40, 169-70, 176-79. s2 See below, pp. 159-60. See Dangerfield, The Awakening of Ameri-

can Nationalism, 279-83, for a brief treatment of this unpopular tariff.


appeal of certain state supreme court decisions to the United States Supreme Court, he was a loose constructionist, advo- cating the supremacy of national power over state power. And he often urged the exercise of that superior power to promote the development of the West.

In another sense Hendricks may be described as a states rights advocate. Concerned about Congress’ retention of public lands in the West in general and Indiana in particular, he read those portions of the Ordinance of 1787 and the Con- stitution, which deal with the admission of new states, like a strict constructionist. He concluded that the admission compacts were unconstitutional because Indiana and other new states had not been granted sovereignty over all land within their borders; and he launched a campaign to obtain the cession of all public lands to the states in which they were located.

Hendricks’ apparent ambivalence on the matter of nationalism vs. states rights is, however, probably an illusion. Doubtless he favored Indiana, the West, and the nation in that order and supported the exercise of power at whatever level appeared most advantageous to Indiana and the West.

Hendricks’ Circulars*

Circular Relating to the 19th Congress, 1st Session (1825-1826)’

WASHINGTON CITY, May 13, 1826. SIR,

It has been my practice ever since I have been honored with a seat in Congress, at the close of every session, by a short letter, to distribute among the people, such information as I was enabled in that way to communicate, and which would, in my opinion, be useful or satisfactory to them. This practice originated in the opinion, that as the people are

* The editor has attempted to reproduce these circulars as closely as possible to the form in which they were originally published. Vagaries of spelling, capitalization, and paragraphing have been followed exactly as in the original text. In some instances s t ray marks or imperfections in the original have made i t impossible to ascertain whether or not commas or periods a r e used, and in these cases the editor has made what seems t o be the. correct punctuation. Letters and words have been put in brackets in two cases: where the letters were omitted in the

134 Ind iana Magazine of His tory

deeply interested in public affairs, so have they a right to be informed concerning them, and, that i t is the duty of the representative to give such information, as often as i t may be convenient for him so to do. In this view of the subject, I have thrown together on the pages of a common sheet, some of the outlines of business which has occupied the present session, and will endeavour to give them as general circulation as possible.

The session has been one of much length, of considerable warmth, of discussions of many important subjects, some of which are specially interesting to the Western country. Among these may be classed the question of internal improvements, which has excited, and must continue to excite, much interest in Congress. The new states are not the owners of the soil within their geographical boundaries.2 They are deprived of this great source of revenue, which in several of the old states, has, in peace and in war, sustained their treasuries, and enabled them to engage in works of this character. They are of necessity driven to Congress instead of their own Legisla- tures, for a participation in the proceeds of the Public Lands, and they must ever continue, while in this state of dependence, to urge this subject upon the attention of the General Govern- ment. The present Administration has taken a stand more favourable to the new states, in relation to the power of Con-

spelling of the word; and where the print was too faint or fragmented and therefore not legible. A [sic] has been used to indicate errors only if it was felt tha t confusion might result over whether the mistakes were editorial, authorial, or typographical. Otherwise incorrect and phonetic spellings have been retained as found. Obvious repetition of the same word in the text has been deleted. The spelling of Indian names has followed tha t in the original text. When names f i r s t appear in the text, identification of persons or places has been made in either brackets or footnotes. I n cases where geographic locations, acts of Congress, o r other types of potentially unclear references a r e made, bracketed information has been added to clarify the text. These circulars a r e printed in full, except for deletions made for land bills which Hendricks included in the circulars. F o r these a summary and citation for each bill have been provided. These circulars a r e taken from photocopies of the originals.

l T h i s circular is reprinted from a broadside in the John Tipton Papers (Indiana Division, Indiana State Library, Indianapolis). This session of Congress convened December 5, 1825, and adjourned May 22, 1826.

"When new states were admitted t o the Union, the United States typically retained ownership of all public land within their respective boundaries and prohibited i ts taxation while public and for five years a f te r i t passed into private hands. F o r the terms of Indiana's admission see Annals of Congress, 14 Gong., 1 Sess., Appendix 1841-44 (April 19, 1816).


gress to construct roads and canals, than any former one.3 Former Presidents had generally denied that power, and had, in, various forms, given much effect to their opinions, even to the placing of their veto on bills.‘ This question has still to struggle in every movement, against the settled opposition of the great mass of the southern states, and those from the north, who believe that Congress has no constitutional power over the subject.

The southern states generally deny the power of the General Government to construct roads and canals. They deny all power which is not so plainly laid down in the constitution, as to put a t defiance, contradiction, and doubt. Their policy is to make the General Government weak, and the state Governments strong; and this policy seems to be based on the great question of slavery, on which the states are unfortu- nately separated, by opinions and interests, strong and in- flexible. The southern states seem to fear, that if power is admitted to exist in the Government of the Union, that the power of Legislation on the subject of their slaves, will finally be assumed, and that, in this way, the wealth and political condition of the slave-holding states may be totally changed. Their fears are certainly groundless, but they nevertheless exist.

As much however, if not more, has been done in favor of this great interest of the country, during the present session, as a t any previous one. The construction of the Cum- berland road between Wheeling and Zanesville will progress the present year, $110,000 having been appropriated for that purpose. The location of that road will also be extended westwardly from Columbus, the ensuing summer. The com- missioner employed by the General Government has recently been here. He will commence his operations in a few days; will spend some time in the final location of a section of the

3 President John Quincy Adams favored direct expenditures of federal funds and federal aid to state and private enterprise for con- structing and maintaining internal improvements. See James D. Rich- ardson, ed., A Compilation of the Messages and Papers of the Presidents (10 vols., Washington, 1896-1899), 11, 388-89.

4 President James Madison vetoed a bill tha t pledged funds, accruing to the United States from the national bank, to the building of roads and canals. President James Monroe vetoed a bill providing tha t tolls be collected along the Cumberland Road to finance maintenance of tha t road. I n each instance the president considered the bill unconstitutional. See Richardson, Messages and Papers of the Presidents, I, 584-85; 11, 142-43.


road east of Zanesville, and in a reconnoissance' of a new route between that place and Columbus, after which he will proceed westwardly; will reach Indiana the ensuing summer, but will perhaps be unable to complete the location through that state during the present year.5

A bill to connect by Canal communication the navigable waters of the Wabash, with those of the Miami of Lake Erie [Maumee River] at Fort Wayne, was reported a t an early period of the session. It proposed to give to the state of Indiana a quantity of land equal to three sections on each side of the Canal, along its whole line, from one end thereof to the other, for the purpose of aiding the state in construct- ing the Canal. This bill, owing to the pending mass of business, the magnitude of the appropriation which i t proposes, and the constitutional question of the power of Congress over the subject of internal improvement, will not become a law during the present session. The partial discussions however, which have taken place in the Senate on the merits of this bill, are by no means discouraging. The objection too, which is based on the want of a survey of the route, will probably be removed before the next session.

We must hope for its success at a future day. Few subjects of magnitude are ever matured during the same session at which they are introduced, and however reasonable and right this and other measures may appear to us, who know the situation of our country and its fair claims, we have the arduous task of convincing others, who know nothing about our country, of the justness of those claims. We must not ask too much lest we get nothing, nor must we ask to many things at once, lest we weary those who have the power of giving.

It is the intention of the War Department to detail an Engineer of the United States to survey Canal routes in our state, during the present year. He will be specially directed to make surveys and estimates of the White Water and of the Wabash Canal, as soon as the extinguishment of Indian title on the northern margin of that river will make i t advisable that the work be commenced. He will also be

5 The Cumberland Road was routed through Richmond, Indianapolis,

6 The Whitewater Canal was intended to pass through the eastern and Terre Haute.

tier of counties and connect the Cumberland Road and the Ohio River.


instructed to repair t o Jeffersonville during low water next fall, and make minute surveys and estimates of the route of a Canal on the Indiana side.7 This has never yet been done by an officer of the U. States, of course no survey of that route, clothed with official authority or certainty, has ever been submitted to the general Government.

An inland coastwise navigation is contemplated by the friends of internal improvement, to progress southwardly from Boston to Florida, and the survey of a Canal route across the Peninsula of East Florida, has been authorized during the present session. The survey of the Florida coast will also be extended [westward] along the sounds and inlets of the coast to the Perdido,u under the authority of the Secretary of War. The value of this inland navigation must be apparent to all. It will save our immense coasting trade from the dangers of the open sea, and afford i t protection from an enemy in time of war. It will also give to that trade the advantages of cheap and expeditious transportation. To the Western country, this inland navigation along the coasts of the Gulph of Mexico, through the Canal of the Peninsula, to the Atlantic markets, will be most valuable. It will open to our produce more extensive markets, and give great facil- ities in approaching them. An appropriation has been made in aid of the Louisville and Portland canal company,!’ and an appropriation will probably, before the rising of the session, be made to the Dismal Swamp canal.’O

A bill for the relief of Bigger’s rangers has a t length passed the Senate, and is before the House of Representatives. It authorises full pay to that company as [dislmounted rangers, for the time they were dismounted, and full pay as mounted rangers from the 13th March 1814, to the 24th of

7 Hendricks had been unsuccessfully promoting a canal to bypass the Falls of the Ohio on the Indiana side of the river for almost a decade. For a survey of his long term efforts on behalf of such a canal see Frederick D. Hill, “William Hendricks : Indiana Politician and Western Advocate, 1812-1850” (Ph.D. dissertation, Department of History, Indi- ana University, 1972), 42-46, 87-92, 163-64, 220-24.

The Perdido River is now the western boundary of Florida. !I Kentucky had chartered this company in 1825, and now Congress

appropriated $100,000 to purchase up to 1,000 shares of its stock. See R. Carlyle Buley, The Old Northwest: Pioneer Period, 1815-1840 (2 vols., Indianapolis, 1950), I, 436; Register of Debates, 19 Cong., 1 Sess., Appendix xiii (May 13, 1826).

‘OCongress appropriated $150,000 to purchase up to 600 shares in the Dismal Swamp Canal to be built in southeastern Virginia. See Register of Debates, 19 Cong., 1 Sess., Appendix xx (May 18, 1826).


the same month. I t also gives them pay as dismounted rangers, from the period last mentioned, to the 16th of May following, the time they were at home. What its fate may be in the House of Representatives, is not yet known.ll

A bill has passed the Senate, appropriating money to defray the expenses of a treaty with the Indians in our state, for the extinguishment of their title to the residue of the Wabash lands, and as much of the country towards the Southern bend of Lake Michigan as can be procured. Should the appropriation be made, a treaty may be expected next fall.’”

The finances of every nation, in every age of the world, have always been, and must ever continue to be, a most important interest. On this depends their prosperity in peace, and their energy in war. A nation great in resources, and having those resources under their own control, are capable of sustaining great emergencies, and of pressing forward in rapid strides of improvement to wealth, intelligence and respectability. The revenues of a nation should be unem- barrassed with debt, and equitable in their assessments upon the people. They should be expended with economy, and in- dustry should not be burthened with dispensable contributions upon the people.

The revenue of the United States is principally derived from the customs; a tax on foreign goods imported, and the sales of the public lands. I t has always been embarrassed, and the general burdens increased by a national debt. This debt had its origin in the Revolutionary war, a war into which the colonies were plunged without any preparation, and which the condition of the country was unable to furnish the means of carrying on during its progress. A necessity existed to substitute credit for capital, and a national debt was the con- sequence. The payment of this debt was very properly assumed by the Government after the peace, and i t would have tarnished our national character, if so important a mean by which our liberties had been achieved, had not been provided

I ’ This company of Indiana militia, commanded by Captain James Rigger, had not been paid in full for i ts federal service during the W a r of 1812. The compensation formula enacted was complex and different from tha t described here. See Regis ter of Debates, 19 Cong., 1 Sess., Appendix xxxv (May 20, 1826).

l 2 Congress appropriated $15,000 for the expense of this treaty. See Regis ter of Debates, 19 Cong., 1 Sess., Appendix xxii (May 20, 1826).

Hendriclcs’ Circulars 139

for a t the close of the war.’,< This debt in 1791, amounted to $75,000,000, and previous to the late war [War of 18121 it had been reduced to about $43,000,000. The last war added to that sum upwards of $100,000,000, but by every fiscal exertion, based on an unparallelled revenue from the customs, for several years, immediately succeeding the war, i t was in October last reduced to about $80,000,000. The revenue is at present in a prosperous condition, and perhaps no other interest is so well calculated to show the vast resources of the country; for i t is estimated that this 80,000,000, will be paid in less than ten years, by the ordinary application of the means now in existence, and of the system now in successful operation.

The current expenditures of the government for the year 1826, including the army, navy, pensions and civil list, will amount to little more than ten millions. For the same year we pay ten millions for the principal and interest of the public debt, and the revenue to be received is estimated a t twenty- five and a half millions. The tariff which was adopted two years ago, a measure having for its object the protection of our manufactures, and from which so much evil was predicted, has had a beneficial effect. On some articles on which the duties were raised, there has been an increase of importations; and the increase of our exports, is not only evidence of our national prosperity, but is flattering to our national pride. The gross amount of Custom House duties during the last fiscal year, is stated at six millions greater than in any year since the excessive importations of 1815-’16.

The perplexing question with the Creek nation of Indians, and with the state of Georgia on the same subject, has finally been put to rest. The treaty of the Indian Springs, which was ratified on the 7th March, 1825, had been negociated with that portion of the Creek nation, which was headed by the celebrated chief Gen. [William] M’Intosh; but had not been finally agreed to by the residue of the tribe. M’Intosh had been friendly to the whites, through the late Creek and Seminole wars. He had headed his party in several campaigns under General [Andrew] Jackson, and had been a most effi-

13 The new government, established in 1789 under the United States Constitution, had funded the debt incurred by the “national” government during the Revolutionary War and assumed the outstanding state debts incurred in the cause of independence.


cient partizan warrior against the hostile Creeks. He was justly esteemed as the friend of the white people. But that spirit of revenge, which is so great an ingredient in the Indian character, still existed against him. He had not been forgiven by the nation, for the part he had taken in their recent wars, however great his apparent influence among them. A large majority of the nation disagreed to the treaty, and shortly after its signature, put him to death. It was impossible that the treaty of the Indian Springs could ever be carried into execution. This was foreseen early last summer, and large deputations of both parties were by the President, invited to repair to the City of Washington, where they have been all winter. Another treaty has been negociated with them, and ratified by the Senate. The policy of the government is to remove them west of the Mississippi, whither they will generally go. This measure seems necessary for their preservation; for surrounded by the increasing settlements of Georgia, Alabama, and Florida, they must finally become extinct. They cannot, and will not adopt for their subsistence agricultural pursuits, and their country is to limited for them to live by the chase.

Another land bill has recently passed, extending the provisions of former relief laws to the 4th day of July, 1827. In relation to interest, i t is more favorable than the acts of 1824. The law itself will be more satisfactory than any thing I could say about it. It is as follows:"

The bill to graduate the price of Public Lands, has not yet been acted on, and the important change i t proposes to make in the land system, will probably prevent its passage during the present session. The passage of some bill, to reduce the price of inferior lands in old settlements, is equitable, and is demanded by the situation of the country. Of the success of such bill, there is, perhaps at no very distant day,

14 See Register of Debates, 19 Cong., 1 Sess., Appendix xii-xiii (May 4, 1826) for the relief law here omitted. In 1820 Congress had discon- tinued the credit sale of public land at two dollars per acre and in- stituted a cash price of $1.25 per acre. I n 1824 persons still in debt for land purchased on credit were permitted to relinquish p a r t of their land and pay for the remainder a t $1.25 per acre by applying the payments previously made. The 1826 statute extended this privilege to 1827; i t authorized for one year the redemption of lands subject to foreclosure and already forfeited lands at $1.25 per acre; and i t extended a similar discount to purchasers who had received extended credit under the relief law of 1821 but were not then in arrears.


good prospect; but the subject at present is likely to remain on the list of unfinished business.’j

A bill has passed the Senate, giving, under certain conditions, to relinquishers of lands, the original price of which was less than five dollars per acre, the right of becoming purchasers of the same, at private sale, a t one dollar and twenty-five cents per acre.

The question of sending ministers to the Congress of South American Republics assembled at Panama, has been a fruitful source of discussion, and of discord, during the greater part of the present session. Our Government had been respectfully invited to send ministers, with the express understanding, that these ministers would not be expected to share in any deliberations which might “in the least com- promit the present neutrality of the United States.” That invitation had been accepted by the President, in the spirit in which it had been given.16 I voted for this mission in every shape and form in which i t was presented to the Senate, viewing as I still do, this proposition, to be nothing more than a continuance of that kindred and friendly policy, towards our republican brethren of the South, which originated in the House of Representatives about seven years ago, and which finally triumphed by an almost unanimous vote, on the question of recognizing their independence of Spain. In 1820 and ’21, various propositions were submitted to the House of Representatives, favourable to the cause of the patriots, and their success in the struggle in which they were then engaged. In favor of those propositions at that day, I cheerfully recorded my name; and in 1822, when the question of recognizing their independence was presented by President Monroe, had also an opportunity of giving a similar vote. The same arguments which were then used against those measures, have been used on the present occasion. A fear of the dis- pleasure of Spain, and the Holy Alliance of Europe, was the sound of the opposition to the South American cause a t that

15 Congress passed neither the graduation bill nor the one mentioned below t h a t would have permitted the repurchase of relinquished land under certain conditions.

l6On December 26, 1825, President Adams nominated Richard C. Anderson of Kentucky and John Sergeant of Pennsylvania as emissaries to the Panama Congress, but i t was the middle of March before the Senate approved their nominations. See Richardson, Messages and Papers of the Presidents, 11, 318-20; Register of Debates, 19 Cong., 1 Sess., 151 (March 14, 1826).


day. I t is so still. In 1822, the Spanish Cortes expressly declared, that they would “regard at any epoch, as a violation of treaties, the recognition, either partial or absolute, of the independence of the Spanish Provinces.”’ Our Government a t that time was not intimidated, but pursued its own course. This course has resulted in much political prosperity to the republics of the South. We have not been, as was predicted, involved in war, on account of our policy then adopted. There is, in my opinion, no danger of any such result at the present time.

The Congress of Panama presented an occasion, which should not have been passed by unheeded. The agents of England, and in all probability of other European nations, will be a t that Congress. I t is a theatre worthy of their notice; and shall we fold our arms in indifference, and talk about jeopardizing our peaceful relations with Spain? Is a growing incalculable commerce, with more than twenty millions of people, on our own borders, unworthy our attention? Are the productions of so large a country of the torrid zone, unimportant in the great estimate of our foreign commerce?

The revenues drawn from South America, and Mexico, have sustained the Spanish monarchy for ages, under the most oppressive and despotic system of Government. In 1809, that revenue in Mexico alone, amounted to twenty millions. The three fourths of their exports have been, and will no doubt again be the products of their mines; and that country whose merchandize is the precious metals, may be said to command the resources of the World. Let the mines of the south be closed against Europe, and in what condition would be their circulating medium? Where would be the paper system of England? Take away our own supplies of the precious metals of the south, and where would be our own paper system? The natural direction of the commerce of those countries is that of the gulph stream; our own harbours and commercial cities. It would naturally come to the mouths of the Mississippi, and meet and mingle with our commerce there. The agricultural productions of the west would find their best markets in the south. But neglecting this important interest i t may take a different direction. The commerce of

17 Report of the Commission of the Cortes on the Affairs of Spanish America, February 12, 1822, in Annals of Congress, 17 Cong., 1 Sess., Ap- pendix 2128.


these Republics will in all probability, in a very short time be worth more to us than that of all the world besides. Nor can we look with indifference on their political condition. We cannot i t is true make common cause with them against Spain. This is not our policy. But there is such a thing as social and fraternal feeling among nations, as well as individuals. It is easier and more agreeable for nations governed by the same description of laws, and the same forms of Government, to keep up friendly and commercial relations, than for nations differing in these respects; and especially as in the present case, where they have passed through the same struggles and conflicts for their liberties. And if there be any political society for us, i t must be with the Republics of the south. The Republics of ancient times have long since passed away; they have been overthrown by their own dissentions, or deluged by the wars which have so often agitated Europe. There is now no Grecian republic, no Roman commonwealth, no republican States General of Holland, no national assembly of France. We can associate with republics in no other quarter of the Globe. The present however is an important era in the political history of the World. A greater number of nations are now governed by the elective and representative principles than at any former period of which history gives us any information.

These friendly feelings however towards the patriots of the south ought not to induce us to change our national policy. This policy is peace, commerce and friendship with all nations, entangling alliances with none. There are many causes of war, which might exist between them and other nations with which I would not interfere.

I would not go to war in the belligerent struggles between Spain and her former Colonies. I would not, though the Holy Alliance should march combined Europe against the Republics of the South, unless that combination assumed the attitude of a war against Republican principles. But in that event I would join the coalition of the South American States, I would assume the attitude of a belligerent in the great cause of republics. The civil as well as the military Departments of the Government should be summoned to the occasion. I would put in requisition our 74’s,lX and every thing

‘8These warships, armed with seventy-four guns, were the big battleships of tha t day.

144 Indiana Magazine o f H i s t o r y

else which could float upon the water, and would estimate the fleets and armies of the Holy Alliance as inimical to the liberities of the world. Such a cause would be worthy of a great effort. It would demand that effort though i t should be the last. I t would be our own cause as well as that of South America; for a coalition of emperors and kings against the liberties of the world, would never sheath its sword at the Isthmus of Darien or the confines of Mexico. It would justly view this Government as the pernicious example which had excited rebellion in the provinces of Spain, and be satisfied only, when i t had prostrated the liberties of these U. States.

The session will close the 22d of the present month. With much respect, Your obedient servant,

WILLIAM HENDRICKS.

Circular Relating to the 19th Congress, 2nd Session (1826-1827)l’

[Washington City, March 1, 18271 The present session of Congress has so f a r progressed,

and is likely to terminate, without having been employed on many subjects of great importance to the nation at large. More tranquility has existed, and a greater degree of harmony and good feeling has prevailed, than a t the last session. It has not, however, been without a sufficient degree of excitement to produce variety and novelty, and to keep all the materials of the political system in healthful activity. The foreign relations of the country have made a less considerable figure, than at the last session. We have, however, been drawn into commercial difficulties with Great Britain on the subject of her colonial trade, and Mr [Joel] POINSETT, our Minister to Mexico, has been appointed to the Congress of American Nations, instead of Mr. ANDERSON.~~

The Bankrupt Bill was introduced at an early period of the session, and after able and lengthy discussions, was nega-

I!) This circular is reprinted from the Lawrenceburg Indiana Pallad- ium, March 24, 1827 (Archives Division, Indiana State Library). This session of Congress convened December 4, 1826, and adjourned March 3, 1827.

20 This assembly is usually known as the Panama Congress. Richard C. Anderson, who was also United States minister to the Republic of Colombia, had died en route from Bogota.

Hendricks' Circulars 145

tived by a considerable majority in the Senate. I t may be considered at rest for years to come.

A Bill to increase the tariff on woollen goods imported, also attracted much attention of the House, passed that body, and is now before the Senate. I t embraces the principal article of British Manufacture imported into this country; one which, more largely than any other article, puts the balance of trade against us. The want of time will probably prevent its passage in the Senate."

A Bill has passed the Senate, repealing in part the duty on Salt. I t proposes to diminish the duty one-half the present year, and altogether the next. This duty produces a revenue, amounting to near $700,000 per annum; a sum almost as large as that derived to the Government from all the public lands. I t is chiefly paid near the seaboard, for nature seems to have furnished the great interior of the country with the means of manufacturing this article. The people on the seaboard procure that article now as cheaply as i t can be manufactured in the interior, and the repeal of this duty would materially depress the manufacturers, as well as injure the Treasury.

The Session, although productive of few measures of national character, has been one of great importance to our State. The treaties concluded on the Wabash near the mouth of Mississinowa in October last, required the sanction of the Senate. They had extinguished the Indian title to a district of country of great value, in extent about 3,000,000 of acres, including the whole valley of the Wabash, from Fort Wayne to Tippecanoe. But these treaties looked in some degree to the Internal Improvement of the State. In the one, provision had been made for a road from Lake Michigan, by Indian- apolis, to the Ohio river, and the other contemplated the location of a canal along the valley of the Wabash. The constitution requires a concurrence of two thirds to the ratification of a treaty, and more than one third of the Senate are opposed to the constitutional power of Congress to construct roads and canals. These treaties were pending in the secret sessions of the Senate till the 23d of January. They are, however, ratified as they were signed, with the exception of one clause, in reference to the road from the Lake to the Ohio river.

21 No tariff law was enacted at this time, and the duties on wool and sal t remained the same.


By the treaty with the Potawatamies, a strip of land had been granted to the U. States for the location of the road, and one section for every mile, from Lake Michigan to the Ohio, had also been granted for making the road. The last provision of the grant authorized the General Assembly of the State of Indiana to locate the road, & apply the sections, or the proceeds thereof, to the making of the same, and put the grant a t their sole disposal.” This latter clause was stricken out on the ground that it was not competent to the treaty- making power to transfer any portion of the Public Lands to the State: that this power could only be exercised by Con- gress. By striking out this clause, the grant was retained, but the agency of the State in the execution of the grant was taken away. A bill was accordingly reported, authorizing the State to do precisely what the treaty intended i t should do. This bill has already passed both Houses.23

The Wabash Canal bill has passed both Houses, and become a law. It was reported on the 23d of January, immediately after the advice and consent of the Senate to the ratification of the treaties had been obtained. I t proposed to give the State, for canal purposes, six sections in width, along the line of the canal, but was amended before its passage, and grants, by alternate sections, the one half of five sections on each side of the canal; being the one half of ten miles wide, instead of the whole of six miles wide. The grant is liberal, and will, no doubt, if judiciously managed, make the canal. A similar bill was reported to the Senate at the last session; but, a t that time, there had been no extinguishment of Indian title-no surveys of the route. The bill, however, was not rejected. It remained on the list of unfinished business at the close of the session. The debates on this bill, at the last session, shewed the great necessity for the extinguishment of Indian title on the Wabash, and of a survey of the route; and accordingly the Secretary of War [James Barbour], was strongly solicited by the whole delegation from the State, to detail an Engineer of the United States, for the

2 2 One of the commissioners t reat ing with the Indians was Governor James B. Ray of Indiana.

Because he suggested in 1818 the construction of a military road from the Falls of the Ohio to the southern t ip of Lake Michigan, Hend- ricks is credited with having originated the Michigan Road idea. See Annals of Congress, 15 Cong., 1 Sess., 1113-14 (March 6, 1818) ; Geneal Prather , “The Struggle fo r the Michigan Road,” Indiana Magazine of History, XXXIX (March, 1943), 6.


purpose of making surveys, plans, and estimates of canal routes in Indiana. In this request, the Wabash canal, the White Water canal, and an union by canals of the waters of the Wabash with Lake Michigan, were named. An En- gineer was accordingly detailed; but owing to the sickness of the hands, and the death of the Engineer, the work was retarded early in the season, and is not yet completed. The Secretary of War will again be requested to direct the continuation and completion of these surveys the ensuing season. Such progress, however, had been made in the survey of the Wabash canal, as to determine its practicability. I t is ascertained that the summit level between the waters of the Wabash and those of the Lake is only 25 feet ahove the low water of the Miami, a t Fort Wayne: that a cut of twelve or fourteen feet on the summit is all that will be required, and that a short feeder from the St. Joseph’s will supply this summit with a sufficiency of water. The ascertainment of these facts have been of great utility in the passage of the canal bill through the Senate, and will forever put to rest all doubts about the practicality of the work.

The Cumberland road will progress westwardly the ensuing season. $170,000 is appropriated to complete its construction to Zanesville, and to progress with its location through the States of Indiana and Illinois, to the seat of Government of Missouri. West of Zanesville, having passed the broken country of Ohio, i t is expected to progress with more rapidity, and with much less expense. An appropriation of $30,000 has also been made, and put at the disposal of the President, for the surveys of roads and canals, in the various States and Territories.

A bill has been reported to the House of Representatives, but a t too late a period to become a law, authorizing “in all cases where public lands have been purchased and reverted to the United States for failure to pay the purchase money, or have been sold by the United States by reason of such failure to pay,” the Register of the Land Office where the entry was made, to issue to the person legally entitled, a certificate for the amount so paid, which shall be received in payment for other lands.’*

A Bill has again passed the Senate, giving, under certain conditions, to relinquishers of land, the original price of

24 No changes in public land policy were made at this time.

148 Indiana Magazine o f His tory

which was less than six dollars per acre, the right of becoming purchasers of the same, at private sale, a t one dollar and twenty-five cents per acre.25

The bill to graduate the price of public lands is yet among the orders of the day, and has not been finally acted on by either House. Nor is there any probability that i t will become a law in any shape, during the present session. It proposes a great change in the land system of our country, and presents a fi t occasion for an attempt, at least, to make that change valuable to the new States. I t has long been my opinion, that the public lands, of right, belong to the States in which they lie; that the new States are unjustly deprived of their public domain, by the compacts with the Federal Government,26 which ought never to have been entered into; and that this, being an unnatural state of things, cannot last.

Impressed with this belief, and unwilling that the occasion should be lost, when this bill received the partial consideration of the Senate early in January, I proposed, in the form of an amendment, that t h e public and unappropriated lands, within t h e l imits o f t h e n e w States , should be ceded and relinquished, in f u l l property , t o t h e several States ni [s ic] w h i c h t h e y lie.27

The abstract proposition had frequently been mentioned, in debate, and in the form of resolutions, but i t had never before been submitted to the Legislative consideration of Congress. The opinion i t expresses has been gaining ground

z 5 This limited preemption concept, giving settlers who still occupied land tha t they had purchased and then relinquished the privilege of re- purchasing i t at the minimum price rather than at public auction, could not be delayed much longer. Preemption as a “squatter’s” right was not obtained until 1841.

26 To use Indiana as a typical example, as a condition of admission to the Union the s ta te agreed t o a compact providing tha t public land located in the s ta te remained the property of Congress and would be exempt from state taxation while public and for five years af ter passing into private hands. In re turn Indiana received some sal t springs; land grants for education and for the seat of government; and five percent of the net proceeds from the sale of public lands in Indiana af ter December 1, 1816, for building roads and canals. Three f i f ths of this money was to be spent by the legislature to improve transportation within the s ta te ; two f i f ths was to be spent by Congress to build roads to the state. See Annals of Congress, 14 Gong., 1 Sess., Appendix 1841-44 (April 19, 1816).

27 According to the Ordinance of 1787, Congress would retain title to the public lands within states created in the Old Northwest, and those states could neither tax such lands nor interfere with Congress’ disposal of them. See Henry S. Commager, ed., Documents of American History (New York, 1963), 131.


for years past, and i t appeared to me, that the time had arrived when i t should be made. Whatever the fate of this proposition may be, there can be little doubt of its justice and expediency, both in reference to the new States, and to the Union. Of its success in any short period of time, no one ought to be sanguine. The new states have as yet no controlling influence or numbers in the councils of the nation. In submitting this proposition I have discharged in part, a duty to the State; a duty which will demand my un- remitted exertions, while any reasonable prospect of its success shall remain. The new states were guarantied admission into the Union, “on an equal footing with the original states, in all respects whatever;” & i t is in vain to pretend that this equality exists, while they are deprived of their public lands; while in seventeen States, the waste and unappropriated lands belong to the States, and in seven States these lands belong to the Federal Government. It is mockery to tell the new States that they are equal in sovereignty to the old States, while they are deprived of the first object of sovereignty: their public domain. The day must come, and I hope i t is not fa r distant, when this proposition will prevail.

Of the Congress of Panama, which excited so much attention during the last session, and to which i t was determined to send ministers, but little as yet is known. Its organization did not take place till the 15th of June last, and the time and place were alike unpropitious for the meeting. One of our ministers, Mr. Anderson,2x died on his way to Panama; and so far advanced was the season, before Con- gress had determined on the mission, and passed the necessary appropriations, that the departure from the United States of Mr. Sergeant,29 our other minister, was not directed by the President until the ensuing autumn. In addition to the advanced season of the year i t was reasonable to expect that the Congress would have closed its first session before he could have arrived. These circumstances have deprived the Government of the United States of the means of knowing as much about that Congress as i t would be satisfactory and perhaps important to know.

a See footnotes 16 and 20 above, See footnote 16 above.


This much, however is known, that the assembly was formed of the plenipotentiaries of Peru, Mexico, Central America, and Colombia. The republic of Chili did not send her ministers, her attention being too much occupied with the war in that quarter, which had not then terminated. Buenos Ayres [Argentina] had shown no inclination to send her plenipotentiaries; and the independence of Upper Peru or Bolivar [Bolivia] had not been fully established. Political agents from England, and from the Netherlands, attended at Panama; one of which returned home, and the other has already repaired to the place assigned for the meeting of the next session of the Congress. Various causes, and especially the unhealthiness of the place, rendered it advisable to terminate its session as speedily as possible; and accordingly, on the 15th of July, it adjourned, to meet at Tacubaya, in the neighborhood of Mexico [City], where its subsequent sessions are to be held.

Com. Porter,3o now in the Mexican service, and in the command of her Naval forces, has been cruising in the West India Seas. The Spanish Naval armament in those seas is greatly superior to that which they have been in the habit of keeping there, and their defences on the shores of those Islands are more formidable than usual. Whether these military and naval preparations on the part of old Spain, are intended merely to defend her insular possessions in the West Indies, or whether another attack on the Republics of the South be meditated, is not known; nor is it ascertained whether the armament under Commodore Porter was intended as a descent upon Cuba, or to keep in check the Spanish squadron, and annoy the Spanish commerce in the West Indies.

Perfect tranquility has not, during the last year, prevailed in all the Republics of the South. [Simon] Bolivar had long been absent from Colombia. He had led the victori- ous armies of the revolution in Chili and Peru; had fought and triumphed at Ayachuco, and had seen the last struggle of the power of Spain on the continent, at the Garrison and the Castle of calla^.^' A period and an absence of five years, had set in motion the discordant elements of his own country,

:{‘I Commodore David Porter had resigned from the United States Navy af te r being court martialed for violating international law while t rying to suppress piracy in the Caribbean Sea.

31 Ayachuco i s in the mountainous interior of Peru ; Callao is on the coast near Lima.


and disunion and anarchy prevailed at home. But his presence instantly restored order and harmony, and he was hailed with enthusiasm, as the saviour of his country. He has on this recent occasion given additional pledges to surrender the extraordinary powers, with which he is clothed by the constitution, as soon as the emergencies of the occasion, and the liberties of his country will permit.

Another speck of War has recently appeared in Europe. The Emperor of the Brazils, who had fallen heir to the crown of Portugal, by the death of his father, the reigning king, had abdicated the throne of that kingdom, in favor of the present Queen; and, as a last testimonial of his affection for the Portuguese nation, had given them a Constitution similar to that which had recently existed in Spain. The Spanish monarchy, alarmed at the re-appearance of liberal principles in Europe, attempted to put down by military force the constitution of Portugal, as that of Spain had recently been put down by France, and that of Naples by Austria. In this state of affairs, application was made by the reigning dynasty of Portugal to England, her ancient ally, for aid in repelling the armies of Spain. This aid was promptly afforded, and this war, about which much speculation for a moment existed, is likely to terminate without any considerable agitation in Europe. France and other powers seem to have approved of the interposition of England and Spain herself will, in all probability submit to the demands of her adversaries, and leave England without pretext for invasion of her insular possessions in the West Indies.

The affairs of Greece are in a wretched condition."2 The war still rages, and is most sanguinary and cruel in its character. The political condition of the country is almost hope- less, and, without the interposition of some of the great powers of Europe, there is but little prospect of its independence. Fortunately, however, for the cause of liberty and humanity, this interposition will probably take place. Re- cent advices from Europe state that England, Russia, and France, have peremptorily demanded of the Grand Seignior the independence of Greece.

[WILLIAM HENDRICKS]

32 The Greek revolt against Turkish overlords had been in progress since 1821.

152 Indiana Magazine of H i s t o r y

Circular Relating to the 20th Congress, 1st Session ( 1827-1828)33

Washington City, May 20, 1828 SIR:

The present session, greatly protracted as i t has been, and largely participating in the political struggle of the time, is about coming to a close. Though much of its time has been spent in useless debate, i t has been engaged in, perhaps as many subjects of national importance, as any other since the close of the late war.

The tariff, a subject of deep interest to the different sections of the country, has occupied its time, and distracted its counsels, more than any other. This subject, which had attracted much public attention for the last year, was early presented to both Houses by petitions, memorials and resolutions, from almost every city and village from Maine to Louisiana. Those of the northern, middle and western states, were almost unanimously in favour of increased duties on importations of foreign goods, whilst those of the Southern states, were perhaps more nearly unanimous in opposition to this policy. It has been the complaint of the friends of domestic manufactures, that this interest has, during the present session, been partially at least, in the hands of its enemies, and deeply affected by the political question, which unfortu- nately divides and distracts the body p~l i t ic .~‘ It was said, that a majority of the committee on manufactures, if not altogether opposed to a tariff, were a t least lukewarm towards the measure. Whatever the fact may have been, the offspring of their deliberations, after unusual delay in the collection of testimony under authority of the House, was a bill, which seemed to please no one, and which, if not framed for that purpose, was calculated to produce its own destruction, by being offensive to all. This bill however, after passing the House of Representatives, was much amended in the Senate, and has at length become a law.35

33 This circular is reprinted from the Madison Indiana Republican, June 18, 1828 (Indiana University Library, Bloomington) . This session of Congress convened December 3, 1827, and adjourned May 26, 1828.

34 The presidential campaign of 1828 was intensely partisan a s the followers of Andrew Jackson revived the charge that the House had chosen John Quincy Adanis over Jackson in 1824 because of a “corrupt bargain” between Adams and Speaker of the House Henry Clay, whom Adams then appointed secretary of state.

The tariff of 1828 was often called the “tariff of abominations.”


A country extensive and populous as ours is, and so abundant in resourses [ s i c ] , covering almost every degree of latitude in the temperate zone, is well prepared to put its domestic commerce in place of foreign traffic, and to put the balance of foreign trade largely in our favour, instead of being as at present, greatly against us. That is a bad policy which operates as a perpetual drain of the circulating medium from any country.-Wherever this state of things exists, the policy of the country must be radically wrong, and must, if persevered in, ultimate in destruction.

Another law for the relief of purchasers of the public lands, has passed during the present session. It is no doubt intended to close the old credit system, and to terminate the relief measures, and i t is greatly to be desired, that all interested should avail themselves of its advantages. It may be very difficult, if not impracticable, to procure the passage of any subsequent law on this subject. A copy of the act will no doubt be acceptable. It is as follows:"G

A bill has again passed the Senate, giving under certain restrictions, preemption rights to those who have relinquished lands under the provisions of the several acts for the relief of purchasers of public lands, and authorizing such persons to purchase the same a t private sale a t a fixed price."7

A law has passed authorizing the re-payment of forfeited monies to purchasers of the public lands, as well in case where the one twentieth part of the purchase money was deposited in advance, as in cases of entire instalments. For this purpose certificates are to be issued by the Registers of the Land Offices where the payments were made, in favour of those entitled to receive, and these certificates are receiv- able as cash in all land payments.

The future disposition of the public lands in the new states, is a subject of much embarrassment. This question has in various forms occupied the time of the present session, without producing any practical result whatever. The bill to graduate their price, and to cede the refuse to the several states in which they lie, was finally negatived in the Senate, and the question is a t rest for the present session. The recent discussions however, of the various land propositions, will in all probability put the whole subject fully before the

36 See Register of Debates, 20 Cong., 1 Sess., Appendix ix (March 21, 1828) for the relief law here omitted. This statute extended the relief laws of 1824 and 1826 to 1829. See footnote 14 above.

3 7 This bill did not become law at this time.

154 I n d i a n a Magaz ine of H i s t o r y

people, and may be expected to excite for i t an interest, which will not permit it to sleep, but which will promise at a future day, some change beneficial to the new states.

The course I have taken on this subject, is probably known to all. I t has long been my opinion, that the public lands of right belong to the several states in which they lie, and that but for the compacts entered into with the federal government, previous to their admission into the Union, they might constitutionally have taken possession of them, in virtue of state sovereignty, and their equality with the original states. In accordance with this opinion, I did at the present session, as I had done at the last, propose a direct cession of these lands to the states in which they lie; giving to the new states, uncond i t i ona l l y , all the public lands to which the Indian title is extinguished, and that subject to the Indian title, on condition of extinguishing that title a t their own expense; an expense averaging heretofore from two to five cents per acre. This proposition was on the table of the Senate the greater part of the last session, but no opportunity was afforded for its discussion until the present session; and the bill to graduate the price of the public lands to which i t was offered as an amendment, although reported for five successive years, never met the final consideration of the Senate, until a few weeks ago.

The public lands, especially of every new state, are the primary interest of that state, and reason as well as justice would surely say, that based as our institutions are, on the public will, that public will should control that interest. The Legislatures of the new states are, in my opinion, much better qualified to make proper disposition of the public lands, than is the Congress of the United States. They are better acquainted with the condition of the people, their wants and their wishes. The states would better know how to graduate, and when to give pre-emption rights and donations to actual settlers. Under the auspices of the State Legislatures the lands of inferior quality, would be given to actual settlers who might be unable to purchase, and prosperous and compact settlements would be formed, in districts of country, which under the present system are almost wholly neglected.

The bill to graduate which had been long before the Senate, and had from various circumstances excited a considerable interest in its favour, was all that had prospects of success at the present session, and of course the proposition


above referred to, was not pressed to a final decision; no vote was taken on it. The bill to graduate proposed to cede to the states such lands as could neither be sold in a given time for twenty five cents per acre, nor given away to [a] ctual settlers; but this section was stricken out, and the bill as amended and finally voted upon, proposed a graduation of prices down to twenty five cents per acre, falling every two years twenty- five cents; & selling a t prices somewhat reduced, to actual settlers one quarter section each. I voted for the bill and was anxious that i t should pass, as the best that could at the present be done, and as a step towards my own proposition, to which I have little doubt the matter must ultimately come. The graduation bill was rejected by a vote of 21 to 25 in the Senate. Two Senators were absent who would in all probability have increased the majority against it.

The condition of the public lands in the new states, is one which cannot last. Equality with the original states, was guarantied to them on their admission into the Union, and their inequality is too grossly manifest, to be unobserved by an intelligent people. It is not satisfactory to be told, that many of the old states had no public lands a t their disposal, those lands having passed from the British crown to individuals before the revolution; for such states, though they may not have had the primary disposal of the soil have always had the power over it in the form of taxation. The sovereignty and Independence of a state, is indeed better consulted, by the soil being in the hands of patriotic industrious citizens, than in the hands of its own Government; but the people are mere tenants, whose soil is neither in their own hands, nor that of their Legislature; and the Government is any thing else than independent, whose soil is owned by, subject to the jurisdiction and at the disposal of any other Legislature than its own. A respectful and persevering assertion of our right to the public soil, as incident to the sovereignty and equality of the states, is in my opinion, the attitude the new states should assume on this subject. While divided among themselves they cannot expect success. Any thing short of this attitude, acknowledges inferiority and independence [dependence]. So doubtful at least is the argument of constitutional power in the federal Government, to hold the lands within the limits of the states, that the compacts with the new states, not to interfere with the primary disposal of the soil, and not


to tax the public lands, seem to be chiefly relied on; as if power could be acquired by compact, which was not given by the constitution, and as if compacts made by 60,000 people before they were admitted into the Union, could equitably be binding in all future time upon millions.

The present condition of the public lands must forever keep the new states, not only dependent on the federal Gov- ernment; but absolutely poor. By the operation of the land offices, the country is drained almost of its last dollar, and this must continue as long as the public lands belong to the Union. It is a singular fact, that on the seaboard, in the commercial cities there has been for years past, a redundancy of capital. I t has been seeking investment, a t four and a half and five per cent, while in the North Western states there is scarcely any circulating medium a t all.

A appropriation of $500 for surveying the obstructions to the navigation of the Wabash river, between its mouth and Eel river, has passed. A bill for the continuation of the Cumberland road through the state of Indiana, appropriating $50,000 to cut the timber off and dig down the banks, has also passed the Senate, and should the time of the House permit, i t will no doubt become a law.38 A further appropriation of $175 000 has been made, for the completion of that road to Zanesville, and to continue its location to the seat of Government of Missouri; also an appropriation of $30,000, for continuing the surveys under the act of 1824.

In addition to the appropriations already mentioned, that of $1,000,000 payable in five years, to the stock of the Chesa- peake and Ohio canal company has passed the House of representative^.^" The work to which this is a subscription, is one of the greatest importance to the Western country, and especially to that portion of i t bordering on the Ohio river. This canal will terminate at Pittsburgh, and unite the navigation of the Ohio, with the tide waters of the Potomac at this City.

The army of the United States consists of 6,000. These are stationed a t about forty posts, embracing an extensive line of Western and North Western frontier. The preserva-

:jx This bill did not become law at this time. 3!) Congress authorized the purchase of 10,000 shares of stock in this

canal over a five year period. See Register of Debates, 20 Cong., 1 Sess., Appendix xxvii (May 24, 1828).


tion of public property, and the occupancy of posts in the vicinity of the various Indian tribes, necessarily distributes this force into small corps, requiring a greater proportion of officers then would be necessary if embodied in the field. A less army than that in actual service, would, in the opinion of many military men, be insufficient for the necessary purposes of the Government even in time of peace. I voted however for the reduction of the army in 1821, to its present establishment, and was then, as I still am of opinion, that it might have been further reduced.

The whole Naval force of the United States authorized by law previous to the 3d of March, 1827, consisted of 12 ships of the line, exclusive of 2 on Lake Ontario, 1 frigates of the first class, 3 of the second class, 16 Sloops of War, 4 Schooners and three other vessels. Some of these are yet on the stocks, but this whole force is in condition, to be put into active service in a short period of time, should [t lhe ex- igencies of the country so require. By act of the 3d of March, 1827, a further appropriation of $500,000 per annum for six years for the gradual increase of the Navy was made, and under this act, timber has been procured, for the construction of 5 ships of the line five frigates and five Sloops of war.

Of the vessels of the Navy there are now in commission, one ship of the line, 3 frigates of the first class, 2 of the second class, 10 sloops of war and 4 schooners. These are stationed in squadrons in the Mediterranean, the Brasils, the West Indies and the Pacific, for the protection of our commerce, which the enterprize of our citizens has carried into every ocean and every sea.

The war between Buenos Ayres and the Brasils, and the protracted contest between the Republics of the South and Old Spain, have been fruitful sources of piracies, and have largely contributed to the necessity of our armaments on the coasts of South America and the West Indies, and the lawless and sanguinary struggle between the Greeks and the Turks, has produced the like necessity, for an imposing squadron in the Mediterranean, for the supression of piracy and the protection of our commerce there.

The foreign relations of our country are as tranquil as at any period since the late war. Questions how ever of some embarrassment exist, in relation to boundary, between the United States and Great Britain, on our North Eastern and


North Western coasts. To attempt a history of these disputed points, would be too long for this letter. Suffice it to say, that difficulties heretofore insurmountable have pre- vented the designation of our North Eastern boundary between the United States and the British provinces, and the progress of settlements on both sides, have led to collisions of an unpleasant character[.] The State of Maine has been considerably agitated, on account of the violation of her Terri- tory and the mal-treatment o[f] her citizens by British Sub- jects. The same difficulty of boundary ex [i] s [ts] Westward of the Rocky Mountains[.] On this subject a temporary compromise was effected by convention of 1818. Which ex- pires by its own limitation in ten years from its date. By this convention it was agreed that no exclusive jurisdiction should be exercised by either party; but that the citiz[ens] of the United States, and the subjec[ts] of Great Britain, should have equal rights on the disputed Territory. The convention has been renewed for an indefinite period of time, which how ever may be terminated, by either giving twelve months previous notice to the other party. This question of boundary heretofore has been, as a t present it is, the basis of unyielding objections on the part of many members, to the proposed occupation of the mouth of the Columbia river, a measure not likely to be adopted, until all questions of boundary in that quarter be settled. The session will terminate on the 26th of the present month.

With great respect, Your obedient Servant,

WILLIAM HENDRICKS.

Circular Relating to the 20th Congress, 2nd Session ( 1828-1829)40

Washington City , March 6 , 1829. Sir: At the close of another session of Congress, I again

address you. A stormy and unprecedented period has just passed by, upon the history of which it is not necessary to enter.-The [presidential] contest is over, and the intelligence and patriotism of the people, have commanded a

4n This circular is reprinted from the Indianapolis Gazette, April 2, 1829 (Archives Division, Indiana State Library) . This session of Con- gress convened December 1, 1828, and adjourned March 3, 1829.


promp[t] acquiescence in the declared public will. The session has been one of more than ordinary good feeling, and apathy, rather than excitement, seems to have seized the body politic. If the vessel of state shall be held in the same direction, her onward voyage will be equally prosperous, and should the present administration pursue the policy of the past, on the subject of internal improvement and the tariff, all who really went for measures, more than for men, will rejoice in the prosperity of the country, no matter who administers its affairs.

A law has passed appropriating $50,000 to the Cumber- land road in Indiana.41 An appropriation too of $100,000 has been made for the progress of this road westwardly of Zanesville, in the state of Ohio, and the work may be expected to be in progress, during the present year, on the greater part of the whole line, from Zanesville, to the eastern boundary of Illinois. An appropriation of $100,000 has also been made for repairing this road east of Wheeling.

The financial affairs of the nation, are at this time, as they have been for years past, in a most prosperous condition. During the last four years, there has beon [sic] paid on account of the national debt, $45,303,642 26, and should the same fiscal prosperity be continued to us which has existed the last year, the debt will in effect, be entirely extinguished in little more than four years. The whole remaining debt, exclusive of the Bank stock item of $7,000,000, was, on the first of January last, $51,362,135 78, and of this the 13,000, 000 dollars of the old Revolutionary three per cents. will probably be redeemed much below par; so that the actual debt now existing, is little more than the amount paid in the last four years; and the best wish, the warmest friend of President Jackson can feel or utter, is, that his administration may extinguish the debt, during the presidential term for which he is elected. This would be a civic wreath, no less durable, than the laurels that already encircle his brow. Then will the public lands in the new states be released from the heavy weight of the national debt, and their pledge to that object, which has heretofore set like an incubus on the new states, will cease to exist. Then i t will be in the power of the General Government to diminish the public revenue from

4 1 This was the f i rs t appropriation fo r Cumberland Road construction in Indiana.


25 to 10 or 12 millions, which will still be necessary for the current expenditures including internal improvements, and this amount can be so imposed, as sufficiently to protect the primary manufactures of the country. The high duties at present imposed on articles not manufactured at home, may then be totally abolished. The burdens on the shipping and the commerce of the northern states, and on the agriculture of the south, may then be lessened, if not entirely removed; and then, nothing deserving the name of excuse, will remain, to justify Congress, in refusing to acknowledge the sovereignty of the new states, in and over their unappropriated lands.

The subject of public lands is one of much embarrassment even at the present day: nor is that embarrassment likely to be diminished; while the title and disposition of them, remains in the hands of the Federal Government. A large portion of the time of Congress is already employed, in legislating on this subject for the new states under the present system, and for many years past, have the tables of both Houses, been burdened with propositions looking to a change of system. Among these propositions, that of graduating the price according to the quality, has been presented to the Senate for the last six years. The graduation bill has been frequently discussed in the Senate, and was, a t the previous session pressed to a decision of that body. The result was unfavorable. The members from the new states seem less inclined than heretofore to press this bill, and more

OWN SOIL as incident to, and inseparably coenected [sic] with state sovereignty.

Resolutions asserting in the strongest terms, the rights of the new states to the unappropriated lands within their limits, have, during the present session, been received from the legislatures of several of those states. Louisiana, Indiana, and Alabama, have taken the same grounds; Illinois has presented a memorial, the spirit of which is very much the same, and Tennessee, for the last two sessions, has had a bill before the House of Representatives, for the cession of her unappropriated lands to that state. Missouri and Mississippi have as yet made no expression on the subject. The greater portion memorialized Congress to pass the graduation bill. Ohio has of the public lands which are of any value in that state have

inclined, to assert THE RIGHTS O F THE NEW STATES, TO THEIR


passed into the hands of individuals, or are covered with military districts, leaving her with little interest to contend for; so that it would not be surprising, if Ohio should feel lukewarm, or go into the ranks of the old states on the subject.

By a recent treaty with the Potawatamie Indians, held a t the big St. Joiephs, in September last, their title to a tract of country, of considerable extent in Indiana, was extinguished. It includes the country watered by the Elk Heart and other tributaries of the St. Josephs, and is supposed to be in extent about one million of acres. This treaty has been ratified. An appropriation for its survey is made, and some of these lands will no doubt be brought into market the ensuing year. It is said to be a delightful region of country and that the tide of emigration to it has already set in.

A bill authorising the occupancy of the mouth of the Oregon or Columbia river, gave rise to considerable debate in the House of Representatives. It was supported as a measure necessary for the protection of the fur trade, for the preven- tion of British encroachments south of the line, and as a measure necessary to ensure us a fair participation in the commerce of the South Sea. It was resisted as a measure likely to produce collisions with the British and Indians in that quarter; on account of the worthlessness of the country, compared with the expenditure necessary for keeping up an establishment there, and on account of the bad policy of settling a colony, or establishing a territory, requiring protection at so great a distance; but above all, on account of the delicate nature of the unsettled question of boundary westward of the Rocky mountains. It was negatived in the House of Representatives where it originated. A bill for the establishment of a Territorial government west of Michigan, passed the House of Representatives, but was not finally acted on by the Senate.

The foreign relations of the country are in a condition gratifying to the friends of peace. We have, to be sure, pending negotiations, on questions of boundary and commerce with Great Britain, and of spoliations with Denmark and

But these threaten no inquietude to the country; and the wars of Europe, between Russia and Turkey, and between the latter power and the Greeks, have little or no

4 2 The spoliation claims were for damage done to American shipping during the Napoleonic Wars.

162 Indiana Mugaxin,e of H is to ry

effect on our commerce, remote as those theatres of war are from the Atlantic ports of Europe. We have indeed been under the necessity for years past of keeping a strong squadron in the Mediterranean, for the protection of our commerce, and the suppression of piracy there; but this, [ilndependent of the wars of the Grand Seignor, would in all probability have been necessary, to protect our commerce against the pirates which continually infest those seas.

The war between the Turks and the Greeks, probably owing more to the destruction of the Turkish fleet a t Nav- arino, than to any other cause, has for some time past, been totally ~uspended.~" I t has left Greece in a wretched condition. Her cities pillaged burnt, and the country depopulated by famine and the sword. Her commerce and marine swept from the Ocean.-Her agriculture almost wholly destroyed, and the nation reduced to the extreme of human suffering and calamity.

The war between Russia and Turkey has been in existence during the greater portion of the last year; but, unlike the wars of Napolean, those two powers have had half a million of men in the field without producing any considerable advantage on either side. A few weeks or months a t most was sufficient for Napoleon to march his armies into any portion of Europe, whithersoever he inclined to go, and with him a single battle would often terminate a compaign [sic] and fix the destinies of Kingdoms. In the present war, there is little of the spirit, which triumphed at Marengo, at Austerlitz and at Jena; which conducted the French Armies in Italy and on the Rhine.

The Legislative Session adjourned on the 3d of the present month; but the Senate have been detained on account of the appointments necessary to organize the new administration. These are Mr. [Martin] Van Buren, of New York, Secretary of State, Mr. [Samuel D.] Ingham, of Pennsyl- vania, Secretary of the Treasury, already appointed. It is understood that Mr. [John H.] Eaton, of Tennessee, and Mr. [John] Branch, of North Carolina, are to be Secretaries of

In August, 1827, England, France, and Russia had offered media- tion to the Greeks and Turks, but the Turks refused. In October, while the allied fleets were intercepting supplies bound for the Turkish and Egyptian fleets at Navarino Bay in southwestern Greece, hostilities broke out, and the Turkish and Egyptian fleets were destroyed. See L. S. Stavrianos, The Balkans since 1853 (New York, 1958), 289.


War and the Navy, and Mr. [John M.] Berrein, of Georgia, Attorney General. Other executive business will probably be presented to detain the Senate a few days.

With much respect, your obedient servants WILLIAM HENDRICKS.

Circular Relating to the 21st Congress, 1st Session ( 1829-1830)44

WASHINGTON CITY, MAY 13, 1830. Heretofore, it has been my practice, a t the

close of every session, to address, a letter to the people of the State. This has been done, as on the present occasion, with the view of communicating a short history of the most important business of the session. It is my purpose to give this letter a general circulation, and I hope to succeed in sending it into every settlement and neighborhood of the State, that every citizen who may think worth while, to hear or examine its contents, may have an opportunity of so doing.

It is often pleasant to take a retrospect of by-gone days, and in political affairs, as well as every thing else, prosperity is well calculated to please. In no portion of our political history since the close of the revolution, is this retrospect more agreeable, than in that which has transpired since the close of the late war. During the whole period of that war; a war of brilliant achievements on the land, the ocean and the lakes, Indiana, though not a borderer of the principal enemy, was a frontier State, and suffered much from the hordes of savages on her northern frontier. In many places the settlements had extended but a short distance from the Ohio river; and pickets, block-houses, and forts, were to be seen, as the nucleus of every neighborhood, from the Great Miami to the Wabash. In 1810, the census of the Indiana Territory amounted to 25,000 souls. The disturbances which led to the campaign on the Wabash, had for some time been brooding, and a state of inquietude and alarm existed on the frontier. In 1811, the battle of Tippecanoe was fought, and a more bloody field was neither lost nor won during the war. Vic-

Dear Sir:

44 This circular is repi.inted from the Indianapolis Indiana Democrat and State Gazette, June 3, 1830 (Archives Division, Indiana State Li- brary) . This session of Congress convened December 7, 1829, and adjourned May 31, 1830.


tory was indeed achieved, and the enemy driven into the more remote forest; yet panic and consternation prevaded [sic] the settlements. Many settlements were entirely broken up, and the Territory, no doubt for some time after, diminished in population. This state of things however, was not of long duration, for in 1815, a census was taken with a view to a state government, and the population was found to be upwards of 60,900. In 1820, i t was upwards of 147,000, and in 1830, there is good reason to expect, i t will approach 400,000.45

In June, 1816, the convention met, and the Constitution was formed, and in the December following, Indiana was admitted into the Union. Since that period, the Indian title has been extinguished to 7 millions of acres, much of which has been brought into market, and such has been our natural advantages, the salubrity of our climate, the fertility of our soil, and the great value of our navigable rivers, that a tide of emigration has rolled in upon us, probably unknown to any other portion of the Union.

Since that period too, some of the primary interests of the country have experienced much change. The price of the public lands has been reduced, and a system of internal improvements created, of incalculable advantage to the Union, and especially to the Western States. In 1820, the price was reduced from two dollars per acre to one dollar and twenty five cents, and the credit repealed.-Th[us the] relation of debtor and creditor bet[ween the] government and the citizens, was prospectively done away[.] The debt had already swollen to more than $22,000,000. I t had become alarming; and in 1821, the relief system was adopted[.] Time was given from two to eight years, according to the various classes, for the payment of this debt. A deduction of 371h per cent was allowed on cash payments, and a relinquishment of lands at their original prices was also authorized. Various amendatory laws have since been enacted in pursuance of this system, until the debt is chiefly extinguished. For the cases which yet remain, another law has been enacted during the present

471n 1815 the population of Indiana Territory was 63,897. See William Hendricks to Jonathan Jennings, February 24, 1816, in Annals of Congress, 14 Cong., 1 Sess., 460-61 (January 5, 1816). The population of Indiana was 147,178 in 1820 and 343,031 in 1830. See U.S. Bureau of the Census, Historical Statist ics of the United States , Colonial Times to 1957 (Washington, 1960), 13.


session; the first section of that law is the one which most interests our country. It is as follows;-46

A bill has passed the Senate reducing the price of lands which have been in market since the 30th day of June, 1827, to one dollar per acre; and in favor of actual settlers, on one quarter of section each, to seventy-five cents per acre. This, should it become a law, will give accellerated motion to the settlement of the new States; will give great advantages, beyond what has ever been given before to actual settlers, and will put the public lands more than heretofore, within the means and power of the poor. Bills to vest in the State of Indiana certain lands whithin [sic] the limits of the canal grant, and establish a land office in the St. Josephs and Elk Hart country including the North-western portion of the state, have also passed the

A bill has passed the Senate granting townships of land, in aid of seminaries of learning, for education of the deaf and dumb, to such States as have not heretofore received them.4* Those granted to the old States are to be selected in the territories: those to the new States, within the new States. If, fortunately for our State, no such seminary shall be found necessary, the assent of Congress will be readily obtained, for its application to other objects of education[.] The township [flor Indiana, and none other, will be selected in our state.

On the subject of the public lands generally, my opinion is well known, and remains unchanged. I believe that they constitutionally, and of right, belong to the several states in which they lie, and that this disposition of them, is not only reasonable and just towards the new states, but essentially necessary to the Union. They are a bone of contention in the councils of the nation. The old states cling to them in the spirit of colonial monopoly a[n]d power, and the new states are contending for them as a necessary appendage of their

46 See Register of Debates, 21 Cong., 1 Sess., Appendix xiii (March 31, 1830) for the relief law, section one of which was quoted by Hend- ricks but is here omitted. The f i rs t section of this statute offered three alternatives to purchasers who had accepted extended credit under earlier relief laws but whose lands had later reverted to the government for nonpayment. Prior to January 1, 1831, they could draw scrip, re- ceivable for the purchase of certain other lands, in the amount actually paid for the relinquished land. Until July 4, 1831, they could either retain the land under the right of preemption by paying the current minimum price of $1.25 per acre or make the remaining payments at the same rate.

47 None of these bills became law at this time. 4P This bill did not become law at this time.


sovereignty and independence. The peace and safety of the Union require that they should not be held by the Federal Government; for in the hands of the Union, they are the apple of discord among the states. The resolution of Mr. Foot, of which the public lands happened to be the subject, and which has been the basis of a protracted discussion, is not to be regretted.4q I t has shewn, and will shew to the American people, more clearly than any thing which has gone before it, the inexpediency af [sic] the present coudition [sic] of the public lands. I t shews how little the representatives of the old states know about the new states, and how incompetent they are to manage the public lands. That resolution indirectly assumes the ground, that the public surveys ought not to be extended, till all the surveyed lands shall be sold. It will not be adopted. The discussion which it has elicited, is fortunate for the new states. It will spread the question more broadly before the people, and shew to Con- gress more and more the difficulty and impropriety of con- ti[n]uing to legislate on the subject. Such too will be the fate in the House of Representatives, of the wild scheme, of distributing their proceeds among the several states, according to the present representation. This is very much like the proposition, strenuously advocated in Congress, some 8 or 10 years ago, of giving to the old states school lands, equiva- lent to that given to the new states.

Since the year 1816, a system of internal improvements has been matured, beneficial to the Union, and of which the State of Indiana, is reaping already, much advantage. The Cumberland road has been completed to Wheeling, and located west of the Ohio river, to the State of Missouri. I t is almost finished to Columbus, Ohio. An appropriation of $50,000 was made at the last session, to commence its construction in Indiana, of this sum, $36,000 was expended during the last year. At the present session, a lurther [sic] appropriation for this road has already passed the Senate. It proposes $100,000 to be expended in State of Ohio, $60,000 to be expended in Indiana, $40,000 in Illinois, and $32,000 for that

4’) In December, 1829, Senator Samuel A. Foote from Connecticut introduced a resolution instructing the Committee on Public Lands to consider limiting the sale of public land to t racts already on the market and abolishing the office of surveyor general. Except for a few brief interludes, devoted to urgent matters, debate on Foote’s resolution occupied the Senate’s time for two and a half months. See R e g i s t e r of Debates , 21 Cong., 1 Sess., 3-7, 22-302 (December 30, 1829, January 18- April 2, 1830).


portion of it, which lies between St. Louis, and the city of Jefferson, in the State of Missouri. These appropriations judiciously ezpended [sic] , will ensure the establishment of mail stages upon the whole line, from this city to St. Louis during the ensuing year.5o An appropriation of $36,000, for the mail road between Louisville, and St. Louis, has also passed the Senate.51 The one half of this sum is to be expended east of Vincennes, and the other west of that place; so that should these appropriations pass the house, upwards of $90,000, including the unexpended balance of last year, will be expended during the present year, on roads within the State of Indiana. This will give life and activity to intern [a] 1 improvements in our State, and must also have some considerable influence on the circulating medium. In addition to this, there is of the 3 per cent fund, [flor disbursment the present year, $14,226 83.

A survey of the White rivers by a skilful Engineer of the United States, is also authorized, and the sum of $500 appropriated for that object[.] This is done as in the case of a similar reconnoisance of the Wabash last year, with a view of other appropriations for the improvement of the navigation of those rivers. The report of the survey of the Wabash, was not made in time, to procure at the present session, any appropriation for removing the obstructions to the navigation of that river. A further appropriation of $100,000 has passed the Senate, to complete the Louisville and Portland Canal, and little doubt can be entertained of the entire completion of that work the present year.52 An appropriation has also been made for a survey of the northwestern passage of the Falls of the Ohio, with a view of improving the navigation on our side of the river, so as to admit of the passage of boats in the low water channel, a t lower stages of water, than that at which they now pass. $50,000 have been appropriated for the improvement of the Ohio and Mississippi rivers.

In 1824, an appropriation of $30,000 was made, and placed under the direction of the Secretary of War, for the purpose of making examinations and surveys for Roads and

5” These were appropriated by Congress, but Hendricks’ optimism regarding the completion date was unwarranted. The road did not reach Vandalia, Illinois, until 1852. See Reg i s t e r of Debates, 21 Cong., 1 Sess., Appendix xxxii (May 31, 1830) ; Buley, T h e Old Nor thwes t , I, 449.

3 1 This bill did not become law at this time. “This appropriation did not become law at this time, but the canal

was opened at the end of the year.


Canals. These appropriations have been continued from year to year ever since, and a valuable mass of topographical information, is collecting in the Engineer Department, developing the natural advantages of the country, and designating national works of internal improvement. Under these appropriations, the route of the Wabash canal has already been designated, and other surveys made; one to test the practicability of uniting by canal navigation, the waters of Lake Michigan with those of the Wabash, and a survey is contemplated, the present year, to test the practicability, of uniting by canal, the Wabash with the western branch of White river.

The value of internal improvements, to a country like ours, so large in geographical extent, cannot at once be calculated or seen. Good roads and canals, uniting by cheap and speedy communications, distant points of the union, are more valuable to its permanency, than all the fortifications which can be placed on the seaboard or inland frontier. Such too, is the position of Indiana in the Union, that she must necessarily be as much advantaged by works of this description, as any other State. We have the Ohio river forming the southern boundary [olf the State, the navigation of which, has of late, been greatly improved. The Cumberland road is already located through the centre of the State. A road from the Atlantic seaboard to the upper Mississ[i]ppi, which will a t no distant day be one of great importance must necessarily pass through the northern portion of our Stateline of water communication, the two greatest cities of the union, New York New Orleans, and two of the largest rivers on the contiment [sic], and of the world, the Mississ [i] ppi and the St. Lawrence. This is a work pre-eminently national in its character, and one which the Federal Government ought to accomplish itself. This however can better be done by the States, through the aid of the General Government, and that aid has already been liberally given to the State of Indiana, in the grant of lands for that purpose, authorised by the act of March, 1827. This grant judiciously managed, will no doubt go f a r towards completing the work; but if i t should fail to a greater extent than the State of Indiand [sic] shall be able to sup[p]ly, it cannot be, that the government of the Union will hesitate in making further appropriations for the completion of this great national work. To this the Federal Government may be considered as pledged, as early as the year 1787, by the “articles of compact, between the


original States, and the people and States,” of the Territory northwest of the river Ohio. In that ordinance it is stipu- lated the “navigable waters leading into the Mississippi and St. Lawrence, and the carrying places between the same shall be common high-ways, and forever free.”

A bill has been reported, but will not probably become a law during the present session, giving to the State a grant of lands, to aid in the construction of a road, from Lawrence- burgh, by the way of Fort Wayne, and the southern bend of the St. Josephs of Lake Michigan, to the State line in the direction of Chicago.’,$ A great portion of this road must necessarily be located through the public lands, and i t proposes to give one section for every mile. This will enhance the value of the public lands beyond the value of the donation and open one of the most important roads in the northwestern portion of the Union. That portion of i t west of Fort Wayne, will be on the line of the nearest possible route, from the eastern ci[t]ies to the mineral regions of the Mississippi, a route which must be travelled in the winter seasons, in preference of the northern rivers and lakes. This route has already attracted the attention of some portions of the Atlantic seaboard, and its importance must become more and more apparent. Its advantages over any other route, in point of distance, from any given point east of our State, is great and obvious. Take Pittsburgh, for example. From Pitts- burgh by the way of Columbus, Fort Wayne, the Sout[h]ern Bend of the St. Josephs and Chicago, to the nearest mines on the Mississippi, the distance is 610 miles. From the same place by water, through the Ohio and Mississippi rivers, the distance is 1860 miles, and from the same point, by way of the Lakes, and the Fox and Wisconsin rivers, i t is 1110 miles. Time cannot be long, till this will be one of the most important roads in the Northwest. With i t too the Michigan road will be intersected a t the southern Bend of the St. Josephs, and the western portion of our own State, will no doubt soon be connected with it, by a road from the Ver- million county, in the direction of Chicago.

An appropriation for the further extinguishment of Indian title in Indiana, has passed the Senate, and a treaty will in all probability, be held with the Miamies and Pottawat- tamies the present year.54 This is a subject of great import-

5 3 Hendricks was r ight ; this bill did not pass. s4 This bill did not become law at this time.


ance to us, but one which has excited no solicitude in the public mind. Not so with the Indian question in the south. On this subject, much of the benevolence of the country is excited, in a misapprehension of the policy of the Govern- ment towards the Indians. But nothing coercive on the subject of their removal, has, on the part of the Government, ever been proposed; and the proposition now before Congress, is an exchange of the country where they now live, for another country, west of the Mississippi. The bill now pending secures to them, the country so given in exchange, and if they so desire, a patent to issue for it. It further authorizes payment for their improvements where they now are, gives them aid and assistance in removing west of the Mississippi, and support and subsistence for the first year after their removal. It also guarantees to them protection in their new residence against the hostilities of other tribes.55 All this is submitted to their free acc[e]ptance or refusal. It is believed that they cannot long remain where they are. They are surrounded by the settlements of Georgia, Alabama, and Mississippi, and these States have extended over them their laws. Already collisions & bloodshed have taken place between them and the whites. They cannot for many generations to come, be amal- gamated with the whites. They have not adopted, to any considerable degree, the employments of agriculture; their game is destroyed, and they cannot live by the chase. Human- ity requires that their condition should be changed, and it is believed that this is the opinion of many of themselves. Al- ready have a large number of the Cherokees removed to the west of the Mississippi. The policy now pursued, is that which was adopted by President Monroe, and which has been unde- viatingly followed ever since. It is the policy of settling them west of the organized States and Territories; assigning to each tribe a separate district of country, giving them a permanent title to it, and protecting them against wars among themselves, as well as encroachments of the whites.

The fifth census of the United States will be taken the ensuing summer and fall. A bill too has been reported to fix the ratio of representation for the ensuing ten years.5G The present ration [sic] is 40,000 to each member of the House of Representatives, and the House now consists of 213 mem-

The Indian Removal Bill became law. See Regis ter of Debates,

36 This bill did not become law a t this time. 21 Cong., 1 Sess., Appendix xxxii-xxxiii (May 28, 1830).


bers. That number will not, in all probability, be increased, and the ratio will be fixed with the view of keeping i t at least where it is. This may raise the ratio to 50,000. The old States will be much reduced of their present representation, while the new States will be greatly advanced, and perhaps none more so than Indiana.

A bill for the organization of the Territory of Huron, has, for several sessions past, been reported to the House of Representatives. At the last session [it] passed that body, but was sent too late to the Senate. It is again before the House, but there is little probability of its becoming a law during the present session.57 It is intended to include all our territory west of Lake Michigan; a country fast rising into notice; in which the Indian title to large quantities of lands has lately been extinguished; a region abounding, as is believed, not only with lead but with copper and iron ores. The value of the mineral regions of the Mississippi is from year to year more rapidly developing. The lead made a t the United States mines in the vicinity of Fever river, and in Missouri, amounted on the 30th September last, to 36,840,310 pounds: more than 26,000,000 of which have been made within the last two years. This bill, should i t not pass at the present session, will have a prominent place on the orders of the day for next session, and a t an early period become a law. Such is the enterprise of our citizens, that this country is settling with great rapidity, and has probably a t the present moment, a greater population than Indiana had when her territorial government was formed.

No territorial government or military post will at present be organized or established on the Columbia river, though great solicitude on that subject is found to exist. A large company is formed in the eastern States, chiefly in Boston, for the purpose of emigrating there. They propose to take a colony of 3,000 men, most of whom have families, to go chiefly by water, landing in the bay of Campeachy in the Gulf of Mexico, passing over the isthmus of Darien, to a point on the Pacific, where transports will meet them, and take them to the place of their destination. They pray for a small naval outfit to aid them in going, and the military arm of the Government to protect their first settlements on the coast of the Pacific, or in the valley of the Oregon.

?7 This bill did not become law at this time.


The army of the United States consisted in November last of 6,169 men, stationed a t various military posts on the seaboard and on the inland frontier. A small detachment however, has, during the past year been more actively employed, in protection of the Santa Fee trade, and escorting the caravans engaged in that trade to the Mexican line. The same service is authorized for the present year.

The number of pensioners on the rolls of the different agencies of the United States, was, at the last returns, 15,995, and the number of deaths within the last year, 442.

As evidence of our national prosperity, i t is sufficient to state, that the national debt, which on the 30th September, 1815, was estimated at $158,000,000, was on the 1st of Janu- ary last, reduced to $48,565,406 50; and that within the last few years, six new States have been added to the Union. These are Indiana, Mississippi, Illinois, Alabama, Maine, and Missouri. Territory too, much greater in geographical extent, than that included within the limits of the States organized, has recently been acquired. The entire coasts of the Atlantic and the Gulph of Mexico, from the Bay of Fundy to the mouth of the Sabine, belongs to the United States. The Florida's have been added to our jurisdiction and sovereignty, and our boundary beyond the Rocky mountains, comprehend the whole valley of the Oregon and its tributary streams, with a large seaboard on the Pacific Ocean[.]58 No portion of our history is so well calculated to cheer and animate the patriot, or promises so much for the success of liberal principles throughout the world. The polictical [ s i c ] condition of South America and Mexico, has not equalled the expectations of the friends of Republican Governments. They have been torn and distracted by civil commotions. Revolutions have frequently taken place, and these always produced by the power of the sword [.I The turbulence of passion, has not yet learned the lesson of submission to the public will; the duty of the minority to submit to the majority. Hence, military despotisms, instead of the calmness and tranquility of good order and law.

The Russian and Turkish war having terminated, Europe reposes in the arms of peace. Since the stormy period of the French revolution, the pacification of Europe has not been

5 v B y the Adams-Onis Treaty of 1819, Spain had relinquished her claims above 42" north latitude. In 1818 the United States and Great Britain had agreed to joint occupation of the Oregon country; in 1827 tha t arrangement had been extended indefinitely.


more general than at the present time. We see indeed at a distance, the faint glim[m]erings of war; but these are the fragments of broken legions, retiring from bloody fields; the Russian passing the Balkan, the Danube, and the Pruth, to re-enter, and re-occupy his frozen regions, and the Turk retiring, to occupy once more in peace, the desolations of a humbled and dismembered empire. The power of the Sultan has been greatly diminished in the north, and in Asia east of the Black sea; and Greece, though not restored to liberty, is rescued from the tyranny and oppression of Turkey. France, Russia and England, have long since determined the political condition of Greece. She is to be independent though not free. By the treaty of London, the government of that illfated country, is to be monarchical and hereditary. Her boundaries are fixed, and she is to receive a monarch of their choice.5o No hero of former times; no Leonidas or Alexander, has responded to the wrongs and oppressions of his country, and re-established the liberties and glories of ancient Greece. She has however, gained much, as well, as suffered much. She will be left in the enjoyment of her alters and firesides, and be emancipated from the power and despotism of the Grand Seignior; and the cause of civil and religious liberty, will be much advanced, in Europe, and throughout the world, by the humbled and subdued condition of the power of Asiatic Turkey.

The Session will close in the 31st inst. With great respect, your obedient servant,

WILLIAM HENDRICKS.

Circular Relating to the 21st Congress, 2nd Session ( 18~0-1831)G0

WASHINGTON CITY, March 2, 1831. SIR-The ordinary business of the Session has been greatly interrupted by the impeachment of Judge Peck.61 This was

5 y In 1832 the Greek crown was accepted by Prince Otto of Bavaria. 6o This circular is reprinted from the Madison Ind iana Republ ican ,

March 31, 1831 (Archives Division, Indiana State Library) . This session of Congress convened December 6, 1830, and adjourned March 3, 1831.

The House of Representatives impeached Judge James H. Peck of the United States District Court of Missouri. An anonymous letter, criticizing the judge for errors of fact and doctrine in a recent decision, had been published in a local newspaper. Peck identified the writer, had him brought to trial, sentenced him to twenty-four hours in prison, and suspended him from practicing law in the District Court of Missouri for eighteen months. See Regis ter of Debates, 21 Cong., 1 Sess., 411-13 (May 4, 1830).

174 Indiana Magazine o f Histo9.y

a case of much interest, owing to the novelty of its occurrence; the magnitude of the personal interest and the legal principles involved, as well as the array of talent employed in the prosecution and defence.-These were well calculated to attract public attention to i t throughout the union. Other considerations too, came in aid of its own importance, to give i t magnitude before the American People.

The feelings of some portions of the south in reference to the judicial power of [t lhe United States, and the movement in the house of representatives, having for its object the repeal of the 25th section of the judiciary act of 1789,fiL conspired to give every thing on this subject an air of importance, both here and els [el where, which in other times would not have been seen or felt. This impeachment, terminated, as is generally known, in the acquittal of the Judge, and the proposition to repeal was promptly met in the house of representatives, and the bill rejected on the second reading by a vote of nearly three to one.

The financial affairs of the federal government are, as they have been for many years past, in a flourishing condition. The whole public debt of the United States, amounted, on the first of January last, to $39,123,191 68, and the operation of the sinking fund is rapidly diminishing it. Payments amounting from ten to twelve millions are annually made on the principal and interest of the debt, and i t requires no financier to determine that in a very few years, the revenue remaining as i t is, i t must totally disappear. But the anti- tariff spirit which is always in motion, would constantly be employed in modifying, if i t would not entirely destroy this ample source of revenue. To show every one its importance, i t will be sufficient to state, that the receipts from all sources into the treasury during the year 1829 amounted to $24,827,627 38, and of this sum, the customs, or in other words, the Tariff upon imported goods, produced $22,681,965 81; the sales of the public lands, in all the new states and territories, about a million and a half; the State of Indiana paying nearly one third of that amount.

From this view of the case i t is obvious, that when the debt shall be paid, we shall have a large surplus, and i t is

Section 25 permitted appeals from the highest s ta te courts to the United States Supreme Court following adverse decisions regarding the supremacy of the federal Constitution, treaties, or statutes. See Annals of C o n p e s s . 1 Cong., 1 Sess., Appendix 2182-97 (September 24, 1789).


proposed to substitute the present plan of Internal Improve- ment, for a distribution of these surplus revenues among the states. This plan, viewed a t a distance, is quite plausible. Its inducements may be many, but its difficulties will be great, and i t will at all events be better to adhere to the old system, from which much good has been realized till we get another ready for adoption. The new system has been broached in the hope, that it will do away much of the constitutional objection to roads and canals, against which the present mode of appropriation has been struggling for years. But if the distribution scheme be liable to the same objection and will require an amendment to the constitution before i t can be adopted, we may bid farewell to all hopes resting on that basis. That it will require such amendment of the constitution, is the opinion very generally of those who oppose the present mode on constitutional grounds. A small sum, compared with the ample means of the Union, would lay the foundation of a system which would keep itself in activity, and progress with works of incalculable benefit to the country. Let, for instance, $10,000,000 be embarked, and judiciously expended, in aid of companies formed in the states, in works of primary importance; works which will, with all reasonable certainty, in a short time after their completion, place their stock at and above its par value; and when this shall take place, sell out the government shares, or make new invest- ments in other similar works. This is the view of the subject which I have had for years past. The U. States have stock in the Delaware and Chesepeak canal; this canal has already realized beyond the most sanguine expectations of its friends, large dividends to the stockholders; its stock is now but little below par, and is fast on the rise. When it shall get to par, sell it and make another judicious investment of the capital. So with the United States stock, in the IJouisville & Portland canal; when it rises to par sell i t and invest i t elsewher[e], so in the Wabash canal. It is easy to see that the still and silent operation of a capital which might gradually be in- vested, withot [sic] being felt by the Treasury, would have a magic power in the improvement of the country.

An objection to the distribution scheme is that on the basis of representation the new States which will need most will get least. But the greatest danger of all is, that the revenues of the country will be so modified that there will be nothing to distribute.


An appropriation for the Cumberland road in the state of Ohio, Indiana and Illinois, have passed both houses.

These are $100,000 for Ohio, $75,000 for Indiana, and $66,000 for Illinois. I t is proposed to go on with the grading and bridging in indiana with a view of putting the whole road as soon as possible in a condition to be useful. Other road bills are on the files of the senate, but so little of the time of the senate has been employed the present session in legislative business, that i t is not probable they will be reached.

A bill making an appropriation for improving the mail road from Louisville to St. Louis by way of Vincennes i t will be recollected, passed the senate last session long before its termination, but was not considered in the House. I t would require little time in the Senate could i t be reached on the orders and should i t pass the House i t might, having heretofore been acted on by the senate, become a law.63

The great Indian question of the South may be considered at rest. The ratification of the Choctaw treaty leaves little with which to keep up public excitement. The tribes of the South, strange as the statement may appear, have for years been transferring themselves of their own accord, West of the Mississippi, and the tribe just named, has since the formation of the treaty last summer been removing in great numbers. I t is believed that of the Choctaws, say 17,000 about 5,000 have already gone, and a large portion of the residue have since been making preparations to go. The treaty with them is very liberal, and in other times would no doubt have been objected to, on account of its weight upon the treasury. Individual reservations are guarantied to those who choose to stay, and ample provision is made for those who wish to go. A treaty with the Chickasaws has also been entered into, but has not yet been submitted to the senate. I t is based on the condition, that exploring parties of that tribe delegated to examine the country proposed to be given in exchange, shall favorably report[.] These two tribes will soon settle themselves west of the Mississippi. A part of the Creeks has already gone, in virtue of treaties made with them several years back, and the Cherokees, the only remaining tribe in the southern states, have also been going westwardly for some time past.

~3 This bill did not become law a t this time.


Those of the Cherokees already settled west of the Mississippi, are said to be in a flourishing condition. They inhabit a delightful country, abundant in all the necessaries of life, and near the fare-famed salt region of the west. The Cherokees are supposed to be in number about 15,000 [15,600?], and the general condition of those west, is said to be greatly superior to those east of the river.

The law of last session for the removal of the Indians, when they should be willing to go, has been liberally censured, as well as those who sustained it. And altho’ it only appropriated half a million, i t has been so often associated with wild calculations, that thousands have no doubt received the impression, that i t contained the appalling sum of more than twenty millions. Our own legislature had frequently approved the policy of the government, in the Indian removal question, but this was either denied, or admitted to refer to their removal, on principles totally different from those of the act spoken of.

In the memorial of the [Indiana] general assembly of February, 1830, just one year ago, there is the following language.

“To endeavor to avert from the Potawatomies and Miam- ies, the fate which has attended many of their kindred tribes, is a duty sanctioned by a regard for the national reputation, and by every humane and philynthropic consideration.

“As the best means of accomplishing so desirable a result and securing the happiness of the aboriginal race, your memorialists respectfully and earnestly urge the adoption of measures to induce the Indians within this state to abandon from choice those narrow forests where they now acquire but a precarious and scanty subsistance, and to emigrate to the country West of the Mississippi, which is much better adapted to their wants and to their habits.

“The benevolent and patriotic views and recommenda- tions of the President of the United States on this subject, of which they tender their cordial approbation, render it unnecessary for your memorialists to offer arguments in detail.”

It has been a f i t subject for political excitement in which politicians led the van, while an array of the best men and the best feeling followed in the rear. That excitement is indeed dying away, but so great is it still, that our tables have

178 In,dia,niL Mrcgccxi~e of History

been loaded with petitions and remonstrances, protesting against the law, and requesting its repeal, denouncing the treaty and petitioning the senate that i t might not be ratified; when if this law had been repealed and the treaty rejected, starvation inevitably awaited the Indians. So general has been the wish, and so loudly expressed on the part of this tribe, that the treaty should be ratified, that party feeling in a great measure gave away, and the journals of the senate, shew but twelve votes in the negative. Humanity demanded the ratification and will rejoice a t the result, if the laws of Georgia and some of the other states are cruel towards the Indians, then surely any legislative provision which enables them to get away from those laws, and which make their condition better than ever it was before, must meet the approbation of all.

The law of last Session has been censured, as having for its object a total change of our policy towards the Indians; as authorizing individual contracts with them instead of treaties, through their authorized chiefs; contracts which were not to be submitted to the senate for ratification, and to any amount, however enormous, beyond the appropriation. Those who voted for the law have been arrainged [sic] before the American people for these unheard of exertions of legislative power, and of cruelties towards the Indians. They could only say that nothing of the kind was intended or authorized, and that nothing of the kind would be done. The occasion has passed by. The Cherokees have refused to treat and the law is to them a dead letter. The Choctaws have treated and the treaty has been submitted to the senate, for the sanction of that body. Instead of an expenditure of 24,000,000, the appropriation of half a million is only in part expended.

These things being so, the conclusion is not to be resisted, that false alarms have been sounded, and that the people have been directed. I have charged [changed] no opinion for the last ten years on the Indiana [ s i c ] question[.] I voted for the law of last session, and every subsequent re- flection justifies the deed. I do not approve of the legislation of the southern states on this subject; but a difficulty now exists, and i t seems better to settle the difficulty, by the removal of the Indians, with their consent, than by arraying the power of the federal government against that of the states.-It is said that the president has power to protect the


Indians in the rights secured to them by treaties. Grant this: but whenever the laws of the United States have to be enforced, at the same time, in several of the states by the military arm of the government, then farewell to the Union. This is a crisis which has never arisen in the government. When it shall come, i t may emphatically be said that the days of the republic are numbered.

On land subjects, very little will have been done the present session. The bill to reduce the price of the public lands and grant a preference to actual settlers which passed the senate last year, has not yet been finally acted on by the house and again is before the senate. Another relief law has passed both houses and is as follows:64

A bill author[iz]ing a subdivision of 80 acre lots a t private sale; a supplement to the pre-emption law of the last session, a bill putting the saline lands fully into the power of the legislature of the state, and a bill sanctioning the selec- tions heretofore made of the Michigan road lands, and authorising the selection on the part of the state of other land in lieu of those sold, have passed the senate.":

The question of re-chartering the bank of the United States has already been agitated in the Senate, and leave was refused to introduce a joint resolution declaring that the bank ought not to be re-chartered. The present charter does not expire for some years to come, and the agitation of the question at this time, was considered premature and improper."'; Of course nothing of favor, or the want of it, towards the bank, can be fairly inferred from the result of the opposition.

Our foreign relations remain as in years past, undis- turbed. Peace with all, and an enlarged sphere of commercial

'!4 See Register of Debates, 21 Cong., 2 Sess., Appendix 17 (Febniary 25, 1831) for the relief law here omitted. Under this law puwhasers w h o had bought land on credit f o r less than fourteen dollars per acre, had received extended credit under earlier relief laws, and yet had lost tha t land qualified for a clear title if the previous payments amounted to $1.25 per acre; if the payments did not amount to $1.25 per acre, purchasers had the right of preemption until July 4, 1831, by paying the difference. Occupants of relinquished land a s described above were given until J ~ i l y 4, 1831, the tight of preemption for up to two quarter sections in contiguous tracts. This statute also permitted the original buyer of town property to complete his purchase by paying one-half of the original price by July 4, 1832.

$ 5 Only the bill dealing with Michigan Road lands became law. See Register of Debates, 21 Cong., 2 Sess., Appendix 47 (March 2, 1831).

6"The Second Bank of the United States was operating undei. a twenty year chartei- tha t would expire in 1836.


intercourse with some, a t the present exists. Many of the nations however of the old world, as well as the new, with whom we have treaties of amity and commerce, are greatly distracted a t home, and embroiled with each other. A revolution has taken place in France by which the reigning monarch has been put down, and another of the Bourbon’s raised to the throne.67 Great inquietudes have recently prevailed in Paris, and the French throne does not appear to rest on a stable foundation. An extension of the elective franchise, is impatiently demanded by the people, and public order, and public law is enforced by the national guards, the military power of the nation. A revolution has taken place in Belgium. The reigning monarch is dethroned, but the question of suc- cession is not yet settled.6* A revolution has also taken place in Poland, and the Grand duke Constantine, has retreated from his capital, and placed himself under the protection of his brother Nicholas, the emperor of Russia. Since the dis- memberment of that kingdom, the Poles have of themselves, assumed an attitude so warlike, they are preparing for a vigorous defence against their oppressors, and the armies of Russia are rapidly concentrating on their frontiers.6u

With great respect, your obedient servant. WILLIAM HENDRICKS.

67 The Bourbon King Charles X was deposed and replaced by King Louis Philippe, Duke of Orleans and a cousin of the Bourbons.

GXBelgium separated itself from Holland with which i t had been united in the Kingdom of the Netherlands by the Congress of Vienna following the Napoleonic Wars. Prince Leopold of Saxe-Coburg-Gotha became king of Belgium in 1831.

6g In a series of three partitions by Russia, Prussia, and Austria between 1772 and 1795, the Polish nation had been destroyed. The diminished Poland, created a f te r the Napoleonic Wars, was a Russian puppet state.