e adverse to the treaty, but no
reasonable doubt exists that the same influence which obtained this
expression of opinion would, if exerted with equal zeal on the other
side, have produced a directly opposite effect and shown a large
majority in favor of emigration. But no advance toward obtaining the
assent of the Seneca tribe to the amended treaty in council was made,
nor can the assent of a majority of them in council be now obtained.
In the report of the committee of the Senate, upon the subject of this
treaty, of the 28th of February last it is stated as follows:

But it is in vain to contend that the signatures of the last ten, which
were obtained on the second mission, or of the three who have sent on
their assent lately, is such a signing as was contemplated by the
resolution of the Senate. It is competent, however, for the Senate to
waive the usual and customary forms in this instance and consider the
signatures of these last thirteen as good as though they had been
obtained in open council. But the committee can not recommend the
adoption of such a practice in making treaties, for divers good reasons,
which must be obvious to the Senate; and among those reasons against
these secret individual negotiations is the distrust created that the
chiefs so acting are doing what a majority of their people do not
approve of, or else that they are improperly acted upon by bribery or
threats or unfair influences. In this case we have most ample
illustrations. Those opposed to the treaty accuse several of those who
signed their assent to the amended treaty with having been bribed, and
in at least one instance they make out the charge very clearly.

Although the committee, being four in number, were unable to agree upon
any recommendation to the Senate, it does not appear that there was any
diversity of opinion amongst them in regard to this part of the report.
The provision of the resolution of the Senate of the 11th of June,
1838, requiring the assent of each of the said tribes of Indians to
the amended treaty to be given in council, and which was also made a
condition precedent to the recommendation to me of the Senate of the 2d
of March, 1839, to carry the same into effect, has not, therefore, been
complied with as it respects the Seneca tribe.

It is, however, insisted by the advocates for the execution of the
treaty that it was the intention of the Senate by their resolution of
the 2d