friends. We said ultra abolitionists would not be tranquillized. We said they would go on and agitate."

After the debate had closed the question was taken on the motion to refer the President's message to the Committee on the Judiciary, and it was agreed to-yeas 34, nays none--as follows:

Yeas-Messrs. Baldwin, Bell, Berrien, Borland, Bradbury, Clarke, Clay, Davis of Mas sachusetts, Davis of Mississippi, Dawson, Dickinson, Dodge of Iowa, Douglas, Downs, Greene, Gwin, Hunter, Jones, King, Mason, Miller, Norris, Pearce, Rantoul, Rusk, Seward, Shields, Smith, Spruance, Turney, Underwood, Wales, Walker, and Whitcomb-34. Nays-None.

The Judiciary Committee, to whom the subject was thus referred, differed upon the question of the President's powers in such a case, and made two reports. Here, as far as the action of Congress went, the whole matter rested, and no further movement in relation to it was made in either body.* The sensation produced by the account of the rescue, and the President's proclamation and message, was strong enough to create a long and excited debate; but not sufficiently strong to cause the subject to be renewed. The "sober second thought" came in to present the whole matter in its true light; all were convinced that the prevailing public sentiment in the North and West was favorable to the enforcement of the law, and by common consent the agitation of the slavery question ceased in Congress.

CHAPTER II.

The Indian tribes in New Mexico, California amd Utah-Apaches and NavajosHostility to the whites-Depredations of the Indians in California—Battle with them-Alarm of the miners-Troops called out-The Government Commissioners negotiate with the tribes-Meeting of Gov. Calhoun with Indians in New MexicoTreaties made with the Indians in Oregon-Disturbances in Utah and Texas and in Sonora-The condition of the Indian tribes generally-The policy hitherto adoptedThe errors of the system-The condition of the Territories-Minesota-OregonNew Mexico-Utah-The Mormon manifesto to the saints throughout the World. The Indian tribes who live in New Mexico, California, Utah and Oregon, continued to harass and plunder the white inhabitants, and emigrants resorting thither.

*The President, a short time after this debate, received from the Mayor of Boston official copies of the orders and resolves of the city government of Boston, from which it appeared that measures had been taken by the authorities of that city against the occurrence of any further outrages similar to the Shadrack rescue case, which was an entire surprise upon the citizens and the authorities. This communieation was answered by Mr. Webster, the Secretary of State, expressing in a very appropriate manner the confidence of the President that a great majority of the people of Boston were loyal to the Constitution, and would faithfully and fearlessly discharge all their duties as citizens.

The robberies which they had committed on emigrants making the overland journey, had furnished many of the tribes with plenty of stock, which they had exchanged for fire-arms. They had stolen besides, many rifles, and were thus in most instances well-armed. The Indians in those regions are very numerous. The principal tribes in New Mexico, are the Apaches and Navajos, who are amongst the most powerful and warlike in North America. They are expert horsemen; their mountain ponies travel over the rocks and mountains like goats, and it is, therefore, almost impossible to overtake them. They can also, when retreating from or riding furiously towards an enemy, discharge their rifles or their arrows. with great precision. The Navajos are settled from 150 to 200 miles southwest of Santa Fe, in what is reported to be a beautiful and fertile country, where large crops of Indian corn are raised.

Of all the savage tribes of the West, the Indians of New Mexico are the most treacherous and unscrupulous about violating treaties. They look upon the whites as their enemies, whose troops and emigrants have destroyed their grass and timber in forcing their way over the country, and whose settlements in the plains and valleys have driven off the game from the old grounds, whence they have taken their supplies. Reasoning, as the Indians have reasoned ever since our ancestors came to this continent, they hope to save themselves and to restore the old condition of things by reprisals or by exterminating the intruders.*

The mountain tribes in California seemed to have been incited by similar motives to assail the whites. They spread through the mountains between the waters of the Tuolumne and the head waters of the San Joaquin, and having formed intercommunications through the passes, to enable them to concentrate the greater part of their forces upon whatever point they might be attacked, they commenced depredations upon the miners and squatters in good earnest. Almost every animal on the Tuolumne and Mercede was stolen, and there seemed to be security for neither life nor property. Several companies were driven from the upper bars of the South Fork of the American river, and some of them were badly wounded. Similar outrages were constantly perpetrated.

For

*The Commissioner of Indian Affairs in his report complained of the extraordinary state of things which existed in the Territory of New Mexico. He stated that within its limits are thirty thousand Indians, for the most part wild and intractable. many years they have been in the habit of making extensive forays, not only within the territory itself, but in the adjoining provinces of Mexico, plundering and murdering the inhabitants, carrying off stock, besides captives, whom they subject to slavery and treat with great barbarity. Our citizens have suffered severely from their outrages. They attacked the party of a Mr. White, travelling to Santa Fe, murdering them all, nine or ten in number, except his wife, child, and servant, whom they carried into slavery. Their atrocities are also committed on the Pueblo Indians, a semi-civilized people living in villages called pueblos, whence they derive their name.

A man of the name of Savage had established several trading posts on the outskirts of the Mariposa County. One of these was burnt by the Indians, property destroyed to the amount of eight thousand dollars, and three men killed. An account of the retaliation inflicted by Savage and his friends upon the Indians was contained in the California papers of January:

"A company of seventy-five men, well equipped, started from Agua Frio, under the guidance of Major Burney and Savage. After travelling some distance the company was divided into two bodies, one having charge of the provisions and baggage, who were directed to encamp, while the others pushed on in search of the Indians. The latter division, forty-five in number, continued on the trail till dusk, when Savage told them he heard Indians singing, and said it would not be safe to advance any further.

They then crept along very cautiously a little further, in their stocking feet, and laid down for the night, arranging themselves in a suitable manner for defence. With the first glimmer of light next morning they saw an Indian on the hill top acting as sentinel. But, as they remained perfectly quiet, he was unable to detect the nature of the objects before him until the light became stronger, and then he suddenly gave a whoop. Instantly the Americans sprang to their feet, and rushed toward the rancheria.

"It was a vast basin in the top of a mountain, with walls almost perpendicular, down which large and loose rocks could be rolled upon an army of assailants, so as completely to prevent them from climbing the steep and rugged sides. But the Americans gained the heights before the alarm had been sufficiently given, and then ensued a most ferocious engagement, which lasted three hours and a half. Forty-four of the Indians were killed and the rancheria fired. The screeching that followed was described as most heart-rending; and there can be little doubt that many of the old women and children were burnt to death. The loss on the American side was one killed, one mortally wounded, and five or six others more or less injured.

"This rancheria is described as the largest ever yet discovered in California, covering about four acres with the houses or huts. Several tribes were collected together, and the number of braves present at the engagement was from four to five hundred. The location of this rancheria was on the Irisno, about forty miles from Savage's camp, just at the commencement of the snows in the mountains."

After the engagement, the Americans retired to a temporary fortification erected about four miles from the scene of the contest. Some of the Indians afterwards boasted that they could raise several thousand braves; and that all the Indians from Oregon to

the Colorado were leagued together, and had sworn eternal enmity to the whites.

The miners in all sections of the country left their work and flocked to Agua Frio for protection; and there was organized at that place a company of one hundred and fifty men, ready to march against the enemy as soon as they could be provided with ammunition and other necessaries by the government. As an Indian war seemed almost inevitable, the State authorities made every effort to meet the emergency. A bill was introduced in the Legislature to raise a loan for the public defence. Two hundred men were placed under the command of a competent officer. Gen. Persifer Smith who commanded the U. S. troops, ordered all the disposable forces along the coast to rendevous at San Francisco, to act in case of necessity; and a government transport was placed in San Joaquin, just above the mouth of the Tuolumne River from whence supplies were to be drawn for the expedition.

Before, however, proceeding to extremities, it was determined to try the effect of negotiations, for it was admitted that in many instances the whites had been the aggressors and by their ill-conduct had increased the hostile disposition of the Indians. It was also believed, that it would be difficult for the State to negotiate a loan to carry on the war. Accordingly, commissioners* on the part of the United States, attended by an escort of one hundred soldiers, left Stockton early in February, to repair to the scene of the disturbances.

Contrary to the general expectation in San Francisco, the Commissioners succeeded in making treaties with the principal tribes: The conditions generally were that the Indians should have a certain range of country for hunting and fishing, free from any encroachment from the whites, and that every tribe was to be supplied with a competent man to instruct them in agriculture and gardening, with teachers, blacksmiths and carpenters, and also to receive seeds, horses, cattle, ploughs, axes, hoes, clothing materials, flour, and other goods.

Col. McKee made such treaties with the Syantes, Potoyantes, Cocoons, Apangasses, part of the Apaches and Awallaches, to whom was assigned a territory between the Mercede and Tuolumne Rivers. These, as we noticed before, were the dread and annoyance of the miners and squatters round the Mercede and Mariposa. The tribes were well satisfied with the treaties; and some of the old Indians laughed outright. They said they were "mad,

* Three Indian Agents were appointed for California, but after their appointment it was discovered that no appropriation had been made for the purpose. They were, therefore, continued in office as commissioners to negotiate treaties.

crazy with joy," that good white men had come at last, who would agree that the Indians had a right to live somewhere. Similar treaties were made by Col. Barbour in the South, and by Dr. Wozencraft with those of the Sacramento Valley. The number of tribes included in the treaties made by these gentlemen amounted to about fifteen.

Depredations continued to be committed by the Indians in New Mexico. The Apaches, however, were so severely punished for the share they took in these misdeeds that they became anxious for peace. Accordingly, a delegation of six chiefs from the Jecarilla and Mescalero tribes came to Santa Fe in March, with the intention, as they said, of making a permanent treaty of peace, and obtaining a donation of public lands for cultivation. For this purpose they had a meeting with Governor Calhoun.* The interview was going on prosperously, and the arrangements almost concluded, when an express arrived with the intelligence that Chacon, the head Chief had been brought to Albuquerque by Lt. Holliday of the dragoons, and waited the orders of the commanding officer, Col. Monroe. This was the Chief who commanded the party that murdered Mrs. White at the Point of Rocks,

*The following dialogue took place at the meeting. "We are Apaches of the Jecarillas and Mescaleros. Father is. All our people are south of the Rio Pecos. to know if he is pleased with us."

Our Chiefs are rulers, as our
We come to see our Father,

The Governor replied that he was glad to see them; told them not to fear, but to speak boldly, and he would send them back safe to their lodges.

"We come to talk to our Father," was the reply; "we have no fear."

Being interrogated as to the events at Point of Rocks, Wagon Mound, &c., they answered, "We do not know who killed our Father's children, or ran off with the mules." The Jecarillas were at that time in the White Mountains.

"The

On being asked as to the number of captives among them, the reply was, Mexican chief (meaning the interpreter) knows what captives we have-no Mexicans, no Americans. We do not lie to our Father, we tell one story."

The dialogue then went on as follows:

Why do the Apaches come to us now?"

"We want peace. We come to make a chain of peace."

How many warriors have the Apaches?"

"The Jecarillas have many lodges."

"Have the Chiefs here power to treat for the tribes ?"

"We have power to speak for the Apaches; not for other nations."

"What will the Chiefs do? Will they build lodges, sow the ground, and live in fixed limits?"

"If the rest of the tribes will make Pueblos, we will be glad. We will go and talk with our old men and Chiefs."

The Chiefs have power. Will they make a treaty now? Will they sign a

paper?"

After this question there was a silence among the deputation for twenty minutes; then a protracted conversation among themselves. At last they said:

"We will speak with our nation, then come to you with many Chiefs. We wanted to make peace at Vegas, but the people made war. We now come to our Father. We come to know what he wants. If he says we must be killed, we die. If he tells us to kill for him, we will do it. We will sign the paper for the Apaches."