Semi-Weekly Journal, Volume 2, Number 234, Indianapolis, Marion County, 1 July 1841 — Page 1

TTTTO? W A TT -i BY DoVOLASS & NOEL. INDIANAPOLIS, THURSDAY, JULY 1, 1841. VOL. 2. NO. 234.

B21IIWISISIEIIi

FUBLISHED THREE TIMES A WEEK DURING THE SESSION OF THE LEGISLATURE TWICE A WEEK THE REMAINDER OF THE YE All. Thumb. Four Dollars n year, mynlilo in advance, and considered due at the date of the subscription. If not paid in advance, however, Five Dollars will W. the We. ' Advertisements will tic fiinertea'at'tlie'To'llowIng rail's: Ten lines or less, for one or threeinsertions ,on)t dollar, and twei-ty-kivk cknts for ec A contimianre. Or, will lie continued on entruct one year, for and will lie altered occasionally if tie

reid. On looser advertisements, a reasonable deduction will He

made. . 0B1VGX-B COPIES' 6 J Cents....

BY AUTHOniTl.

JOHN TYLER, PRESIDENT OF THE UNITED -STATES OF AJIEniCA, . To all and singular to whom these presents shall come, Greeting: Wuereas, a treaty was made and concluded at the Forks of the Wabash, in the State of. Indiana, on the twenty-eighth day of .November, in the year ol our Lord, ono thousand eigh t h undred and forty, between Samuel Milroy and -Allen Hamilton, acting as Comrnissioners on the part of the United States, and the

chiefs, warriors, and headmen, of the Miami tribe- oi

Indians :

Awn wiif.reas. said treaty havinrr been submitted to

the Senate for its constitutional action thereon, the Senate did, on the twenty-fifth day of February, one

thousand eight hundred and lorty-one, advise anu eon sent to the ratification of said treaty with certain a

rnHndments. orovided the assent of the said Indians

should be nronerlv obtained to the same:

And whereas, the said Indians did, by their chiefs,

headmen, and warriors, in full council assembled, on the (II teeth day of May, one thousand eight hundred and forty-one, give their free n;.d voluntary assent to the amendments made by the Senate in the resolution aforesaid: which treaty, resolution of the Senate mak

ing the amendments to said treaty, and the assent of . - ,. . i 1 : .u. lfl

the Indians to saiu amendments, are ui mu wuiusim lowing, to-wit : , ' ;

Articles of a Treaty made and concluded at the Forks of

the IFdbash, in the Mate oj Indiana, litis twenty-eiglitli day of November, in the year of our Lord one thousand et'n-ht hundred and forty, between Samuel Milroy and Allen Hamilton, acting unofficially) us commissioners on the part of the United Stales, and the chiefs, warriors, and headmen of the Miami tribe of Indians. Art. I. The Miami tribe of Indians do hereby cede lo the United States all that tract ofland on tho south side of the Wabash river, not heretofore ceded, and commonly known as "the residue of the Big Reserve." Beirn all of their remaining lands in Indiana. Art. 2. For and in consideration of the cession afnresaid, the United States agree to pay to the Miami tribe of Indians, the sum oi five hundred and fifty thousand dollars. Two hundred and fifty thousand dollars of which sunt to be set apart, and applied, immediately after the ratification of this treaty, and an appropriation, is made by Congress to carry its provisions into effect, to the payment of the debts of the tribe, as hereinafter stipulated. And the residue, three hundred thousand dollars, to be paid in twenty equal yearly instalments. Art. 3. The Miamies, being desirous that their just

debts shall be fully paid, it is hereby, at their request, stipulated, that, immediately on the ratification of this treaty, the United Statesshall appoint a commissioner, or commissioners, who shall be authorized to investigate all claims against any and every member of the irihe which have accrued since the sixth day of No

vember, 1833, or which may accrue before the date of

the ratification ot this treaty, witnout regard to distinction of blood in the claimant or claimants. And whose duty it shall be, to inquire into the equity and legality of the original cause of indebtedness, whether the same now is, or may then be in the form of judgments, notes, or other evidence of debt, and report for payment out of the money set apart by this treaty for that purpose, such claims only, or parts of claims, as shall he both legal and just; and his or their award, when approved by the President of tho United States, shall be final. .. ..' -v , .:. Art. 4. It is further stipulated, that the sum ot twenty-five thousand dollars be paid to John B. liichardville ; and the sum of fifteen thousand dollars to the nctin executor of Francis Godfroy, deceased, being the amount of their respective claims against tho tribe, out of the money set apart for the payment of their debts by the second article of this treaty. Art. 5. And whereas, the late war chief, (Francis Godfroy,) bequeathed to his children, a large estate, to remain unsold until the youngest of said children shall arrive at the age of twenty-ono years. It is therefore stipulated, that the United States shall pay to the family of said deceased chief, their just proportion of the annuities of said tribe, at Fort Wayne, fruin and after the tune the tribe shall emigrate to the country assigned to them west of the Mississippi. Art. 6. It is further stipulated, that the Bum of two hundred and fifty dollars shall be paid annually by the United States, and accepted by the Miamies in lieu of the labor stipulated to be furnished by the fourth article of the treaty of the 23d of October, IV26, for the purpose of preventing the dissatisfaction, occasioned heretofore, in the distribution of said labor amongst the different bands. Art. 7. I is further stipulated, that tie United States convey by patent, to Me-shing-go-me-zia, eon of Ma-to-sin-ia, the tract ofland reserved by the twentysecond articled' the treaty of the 6th ofNovember, 1838, to the band of Ma-to-sin-ia. And the same provision made in favor of John I). Richardville and family, in the I4th article of the treaty of the 6th ofNovember, 1838, is hereby granted and extended to the above named Me-shing-go-me-zin, and to his brothers. Art. 8. It is hereby stipulated, lhat the Miami tribe of Indians shall remove to the country assigned them westofthe Mississippi, within five years from this date; the United States paying' every expense attending such removal, and to furnish rations to said tribe for twelve months after their arrival at said country. And the United States shall, also, cause four thousand dollars to be expended to the best advantnge in supplying good merchantable pork and flour to said tribe, during the second year of their residence at their new homes; which sum is to be deducted from their annuity of that Art. 9. It is further stipulated, that should there he an unexpended balance of the "two hundred and fifty thousand dollars," aftor the payment of the debts of the tribe, as provided in the second article of this treaty such balance is to be paid over to the Miamies at the next payment of annuities, after the amount of said balance shall have been ascertained. And should the sum bo set apart for the purpose aforesaid, be found insufficient to pay the said debts, then the ascertained balance due on the same, to be paid out of the annuity rising from this treaty. Art. 10. It is stipulated and agreed botween the rontracting parties, that there shall be, and hereby is, wanted and reserved to John B. Richardville, principal f hief seven sections of land, from the land ceded in the first article of this treaty, at such point or points as he may select, (not less than one section at any one noint Uobe conveyed lo him by patent from tho UnitId St'at.s. And, also, in like manner, one section of land to Francs Lnfountain, at the rapids of ildcat, m he iurvf yed under hia direction. At. 11. Nothing in tins treaty shall be to constru

ed as to impair the force or validity of former treaty stipulations, existing between the United States and iho Miami tribe of Indians, not altered by nor coming within the purview of any of the provisions of this treaty. Art. 12. It U hereby stipulated, that the United Slates provide for tho payment of the expense which may be ne'rfeKsariilnc'U'rrdd'ln "Uie'iie'goiiatfori of "this treaty. Art. 13. This treaty shall be binding on tho United States, and on the Miami tribe of Indians, from and after the date of its ratification by the President by and with the advice and consent of theSenatoof the United States. But, if ihe same shall not be so ratified before

the 4th day of March, next, it shall be of no binding

lurpfi nr ,-il.rlif.. '

Art. 14. We, the chiefs, warriors, and headmen, of

tho Miami tribe of Indians, having examined and considered the foregoing articles, alter the same had been interpreted and explained to us to our satisfaction, do hereby agree and request, that the said articles shall be taken ami held as a treaty between the parties thereto; and when ratified as provided in the last preceding article, be binding on our tribe, and on the United States, as fully, to all intents and purposes, as though the same had been officially and formally made on the part

ot the United States.

In testimony whereof, we, Samuel Milroy and Allen Hamilton, on behalf of the United States, (as aforesaid) and the chiefs, warriors, and headmen, of the Miami

tribe ot Indians, have hereunto set our hands. Done at the Forks of tho Wabash, in the State of In

diana, this twenty-eighth day of November, one thou

sand eight hundred and forty, ' Samuel Milroy, Allen Hamilton,

John B. Richardville, Vm. Chf his x mark. Wau-pa-pin-shaw, his x mark. O-zan-de-ah, his x mark. Cha-pine, his x mark. Me-shing-go-me-zia, his x mark. Wauk-a-shing-guah, his x mark. To-pe-ah, his x mark, re-wan-pe-oh, his x mark. Ma-ze-qua, his x mark. Ma-gou-zah, his x mark. Feshe-a-wauh, his x mark. Po-qua Godfroy, his x mark. Na-kun-sah, his x mark. Ko-es-say, his x mark. Shin-go-me-zia, his x mark. Te-moo-te-oh, his x mark. Ma-qua-co-iiong, his x mark. Mon-go-sou, his x mark. Tuc-ke-mun-guagb, his x mark. Bo-wa-wah, his x mark. Signed in presence of II. B. Milroy, Secretary, David Carrier, ; Geo. M. Maxwell, Robert II. Milroy, Perer Andre, Interpreter, his x mark. IN SENATE OF THE UNITED STATES. February 25, 1841. Resolved, (two-thirds of the Senators present concurring) That the Senate advise and consent to the ratification of the treaty made and concluded at the Forks of the Wabash, in the State of Indiana, the twentyeighth day of November, in the year of our Lord eighteen hundred and forty, between Samuel Milroy and Allen Hamilton, acting as commissioners on the part of the United States, and the chiefs, warriors, and head

men, ot the Miami tribe ot Indians; with the following amendments : provided, that the assent of the said Indians shall be properly obtained to the same to wit: In the second article, strike out the words "two hundred add fifty," and insert three hundred; and, in the latter clause, strike out "three hundred," and insert two hundred and fifty. Add to the third article the following: Two hundred and fifty thousand dollars of the sum set apart in the second article of this treaty shall be applied to the payment of debts contracted before the twenty-eighth day ofNovember 1840; and the residue of said sum, after such debts are satisfied, being fifty thousand dollars, to the payment of debts contracted between the last named date and the time of the ratification of this treaty by the Senate of the United States; giving the preference, in the application of said sum of fifty thousand dollars, to debts contracted for provisions and subsistence. In the seventh artitle, strike out the words "tw.entysocond" and insert second. In the same article, at the first period, insert to be held in trust by the said Me-shing-gO-me-zia for his band ; and the proceeds thereof, when the same shall be alienated, shall be equitably distributed to said band, under the direction of the President.

In article nine, strike out "two hundred and fifty"

and insert three hundred; and strike out the whole of

that article after the word "ascertained." Insert after article eleven, an additional article: Article 12. The United States hereby stipulate to set apart and assign to the Miamies, for their occupancy west of the Mississippi, a tract of country bounded on tho east by tho Slate of Missouri, on the north by the country of the Weas and Kaskaskias, on the west by the rottawatamies of Indiana, and on the south by1 the land assigned to the New York Indians, estimated to contain live hundred thousand acres. Attest: ASBURY DICKINS, Secretary: We, the undersigned chiefs, headmen, and warriors, of the Miami tribe of Indians residing in the State of Indiana, do hereby sive our free and voluntary assent

to the foregoing amendments, made by the Senate of

the united States on the 25th day of February last, to the treaty concluded by us with the United States on the 28th day ofNovember 1840; the same having been submitted and fully explained to us by Samuel Milroy and Allen Hamilton, commissioners on the part of the United States for that purpose, in full council assembled at the Forks of the Wabash in the State of Indiana. In testimony whereof we have herounto set our hands, and affixed our seals respectively this fifteenth

day oi May Iti-H

Na-wa-lin-guah, his x mark

Pe-she-wah, his x mark O-Yan-dc-ah, his x mark Na:kan-yah, his x mark Sliin-go-iue-zia, his x mark Pe-wau-pe-ah, his x mark Te-nioo-te-ah, . his x mark Wa-pe-mun-guah, his x mark Sha-pen-do-ziah, his x mark W'au-pe-pin-ce-ah, his x mark Co-i-scy, his x mark Mah-con-zah, his x mark Pa-congye-ah, his x mark Nuh-qui-e-cah, his x mark Cau-le-mon-guah, his x mark Mong-gon-zah, his x mark Mah-gon-zah, his x mark Con-o-cot-Wah, his x mark Shau-cot-to-wab, his x mark Sha-pen-do-zia, his x mark Cant-ah-chin-guah," his x mark Ma-ze-quah, his x mark Cant-au-seep-au, his x mark To-pe-ah, his x mark Ma-conzah, his x mark Maun-go-zah, his x mark Ka-lah-ca-mic', his x mark Keel-son-sauh, his x mark Keel-swab, his x mark Benjamin, his x mark John B. Richardville, his x mark Poqua Godfroy, hia x mark Done in presence of

Samuel Milroy, Allen Hamilton, S

L.

L. S L. S. L. S. L. S. L. S. I. S. h. s. L. S. L. S.

L. S. U S. L. 6. if s. T,. B. L. S. L. S. L. S.' L. 8. L S.' L. S." L. 8.' L. 8.' L. S.' I S.' L. 6." L. S." L. S.j

L. 8.

L. S." L. S, L. S.I

Commissioner.

II. B. Milroy, Secretary to Commission. Peter Andrie, his x mark, , . , Grigway Boudie.his x mark.j merPrttcTSNow therefore, be it known, lhat I, JOHN TYLER, President of the United States of America, do, irt purpua'icc of the advice and consent of the Swnaio, as expressed in their resolution of tho twenty-fifth of February, one thousand eight hundred and forty-one, accept, ratify, and confirm the said treaty, with the amendments set forth in the said resolution. In testimony whereof, I have caused the seal of the United States to bo hereunto affixed, having signed the same with my hand. Done at the city of Washington, the seventh day Tl. s i f Junoi i" the year of our Lord pno thousand L ' ' ' eight hundred and forty-one, and of the Independence of the United States the sixty-fifth. JOHN TYLER.

l y the President: : Daniel Webster, Secretary of State .

SEMI-WEEKLY JOURNAL. INDIANAPOLIS; THURSDAY. JULY. 1, 184 1

From 'the New York Express. THE TIPPECANOE FIAU. By Ann S. Stephens.

Take ye the flap;! it is old and worn, And soiled with the dust of a battle field; The folds are rent the stripes are torn . , And batter'd the shaft, like a spartan's shield:-'-'Mid its fading stars arc blood spots still, Dark and dim with the breath of years. The heart looks on with a painful thrill; The past sweeps by in a mist of tears: It tells of a forest, dark and lone, Of the blazing roof and the cold hearth stone: Of the crouching savage the panther's lair--And murdered ao;e, with his silver hair. It tells of the infant's feeble wail, When torn from its mother's frenzied clasp; Of a marble face, convulsed and pale; Of her shudderin,? limbs and choakinor gasp, When that mother saw with her burning eye,

Ihe savage gripe, and toe knife flash by. The past the past! comes back again, All written down in this crimson stain The precious blood of the early slain! Take ye the flag! it was flung aloof, 'Mid the clink of guns and the battle shout; Where the earth was torn by the charger's hoof, And the red man's yell rang madly out. The blossoms died, and the sweet air then Was dense with the breath of fighting men. The forest boughs grew crisp and broke, 'Neath the crash of arms and the surging smoke. The frightened birds, as they hover'd o'er, Stoop'd, fierce and wild with the scent of gore. The hatchet rushed, like a Comet, through The thick, hot leaves, with a hissing sound; Tough buws were bent, and arrows flew, An iron rain, o'er the trampled ground. The Bayonet and the red man's knife, Gleamed sharp with thirst for human life. Still amid the smoke and the drooping trees, Like a thing alive in its eager flight, This banner streamed to the sluggish breeze, And rose and flashed in the hottest fight: Its bearer fell! 'twas grasped again And flung abroad, till the next was slain! When the leaders, all, of that martyr clan, Lay dead amid the rank grass there, The staff was clutched! a single man, 'Though death was round him everywhere, 'Rushed bravely on, with a cheering cry, : And still was the rude old flag on high! It was guarded thus, with a strong right hand, When the Chief came up with his panting band; And then, like an eagle with wounded crest, A heart on fire, and his wings outspread With the plumage torn on his ruffled breast, This banner drooped o'er the mighty dead. It was folded up as a trophy then, By that brave, bold Chief, and his gallant men. Years came and went, with their silent change, And the battle field seemed new and strange; ; Bright and calm was the tranquil scene; . Rich grasses waved where the strife had been; Where glittering columns formed and broke, Was the cabin hearth, and its curling smoke. The sunshine lay on the swelling grain, And birds chirped low in the leafy trees; Sweet blossoms smiled o'er the early slain, And poured their breath to the pleasant breeze. The savage haunt was a solitude, Where the timid ground bird reared her brood. To this quiet place the veterans came, . When years had swept in thoir fulness by, To gather the fruits of their early fame, And to hear a nation's shout ring high. They bore this flag: 'Twas a glorious sight, As its dusky folds were again unbound, And shook abroad to the kindling light Of a thousand hearts, on that battle ground! The chief was there, with his eagle eye, The brave, warm heart in his bosom beating, As the joyous crowd came sweeping by, With a greatful shout and a soldier's greeting. There was silence there the crowd gave way -A few brave vet'rans, stern and bold, With wrinkled brows and heads all grey, Gather'd beneath this banner's fold; And all that was left of an army then, Was this torn old flag, those few brave men! The ppgeant passed: with a trembling hand, A vet'ran came from that soldier band The tear drops stood in the old man's eye. And he folded the banner silently: "Take the trophy hence," he briefly said, For his heart was full and his words were broken, "it shall wave again o'er our chieftain's head, When a nation's gratitude is spoken." Twas a solemn trust which the old man gave, For it led the way to his chieftain's grave. Takeye the flag! 'Tis a sacred thing! Like a regal bird with a wounded wing, It followed the chief in his upward flight, Till it drooped, alone, in a blaze of light. 'Tis a relic now though rude and torn. Give it honor'd place, for 'twas bravely borne.

The Boston Courier of Thursday publishes a view

of a section of the Bunker Hill Monument, exhibiting

the interior as it will be when completed. Ihe col

umn will be a formidable pile of beautiful granite.

V hen finished its altitude will be z2U leet above the

surface of the ground. The base, 13 feet, is entire

ly below the surface. On each side will be a window,

furnished with an iron shutter, so constructed that

when closed, there will be no perceptible difference

between that and the solid granite. The two upper

courses, forming the apex, will consist each of a sin

gle block of granite; the upper one will weigh between

three and four tons.

MARION COUNTY NOMINATIONS. The Whigs of this couutv held a 'Convention on Saturday, April 24, at which the following nominanations were made: Representatives Israel Hakdinq and Austin W. Morris. Treasurer and Collector Jacob Landis. Recorder James Turner. Auditor John W. Hamilton. Assessor John M'Collum, Commissioner, 1st district Habkis Ttnek. Election on fir at Monday, 2d of August next.

The Journal (weekly) will hereafter be published on Friday. Advertisements, to ensure insertion, should be sent in not later than Wednesday afternoon.

We learn from good authority, that C. Cushing, Esq. of Madison, will receive the appointment of District Attorney for this state, and Gen. Robert Hanna, of this county, that of Marshal.

CONGRESS. Both Houses appear to be proceeding with business as rapidly as could be expected under the circumstances. In the Senate, on the 24th, the consideration of the bill chartering a National Bank, occupied a considerable portion of the day. The bill for the relief of Mrs. Harrison was slightly amended and passed. In the House, on the same day, a bill was reported from the committee of ways and means, authorizing a loan of not more than $12,000,000, at an interest of 5 per cent; which was referred to the committee of the whole.

The Baltimore Patriot, of the 21st June, says, that it is fully ascertained that the Hon. John Sergeant, member of Congress from Philadelphia, is to succeed Mr. Stevenson at London; that Daniel Jenifer, of Maryland, is to go to Austria, John S. Pendleton, of Virginia, to Russia, and Col. C. S. Todd, of Kentucky, to Spain, as Ministers.

It has been found impracticable to remove the remains of Harrison at this time.

The following artiele, from the Louisville Journal, is a clear and concise exposition of the law in relation to newspaper subscriptions. We invite the attention of those to it, who refuse to pay for a paper on the ground of never having1 subscribed for it. Postmasters will also see that they may lay themselves liable by not promptly performing their duty. It has been every where held by (the court that, in an action for subscribtibn money, it is sufficient to prove that the defendant took the paper from the postoffice. It makes no difference whether he ever subscribed at all, so that he receives the paper from the office. If one to whom a paper is sent sefuse to take it from the office, the law makes it. the duty of the Postmaster to notify the publisher of the fact: and

should the Postmaster neglect to give this notice, ha

becomes liable tor the subscription money. This also has been decided in all parts of the country. These are the most material points of law bearing upon the newspaper business. We may remark that between subscriber and publisher, the trust is all on the side of the latter, and, thrrefore, that subscription debts ought to be classed by debtors among their "debts of honor," while judges ought to be liberal in construing the law and the evidence in such cases. It ought not to be forgotten that generally the only practical means of proving the length of time a paper was sent is the Postmaster; and therefore the publisher ought not to be held to prove the exact time. The general recollection of the Postmaster ought to be conclusive as to this point. But, after all, the best remedy in all cases of refusal or wilful neglect to pay subscription monpy is the remedy usually applied in cases of breaches of "trust publication. The failure lo pay for a paper only differs from defamation, in this, that whereas nothinsr

can excuse the latter, the former may be excused by

absolute inability to pay.

FOR THE JOURNAL. BACKWOODSMAN NO. II. A writer,' who, in a crisis like the present, shakes

off the trammels of party, and aims at the advancement of the true interests of the State, must expect to have his motives impugned and his views misrepresented. Whatever opinions I may have

of the policy of the Whig party, and however

well I might like to see a different course adopt

ed than that which is likely to prevail, I cannot consent to see my own State thrown into con

tempt and her credit, which requires the effort of every citizen to sustain, prostrated, for the poor

gratification of having something to say in opposition to the measures now brought forward in

Congress. Whatever may now be the tendency

of the policy of the Democratic party as at present advocated however salutary its measures may be in restraining the credit system within proper

limits, it cannot be denied, that all parties parti

cipated in creating the debts which now hang like

an incubus around many of the States. Our own system of improvement was not a party question

when it was adopted, and some two years after it went into operation, the great leader of the clas

sifiers, Robert Dale Owen, who unfortunately