Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1805-07-10

4 PriHClpaiIy iroUl SOnntStlCulln lIf3
1 and f77i calling themselves military
j adventures, and who claim ntueleerz
! townships.
II. Squatiing titles, or actual settle
mehts without any grants since the
peace Of l78S, by persons emigrat-
ing from the u. States.
IL. Actual settlements under the as,
sumption that the state of Geor gia
was the sovereign of tie soil.
These and a multitude Of others exist
ed and still exist. The European nations
dlsregard-d The right of the Indians. The
United States respect them. And here
arises another source of difficulty inthe way
OF adjustment, beeauxe the United States
are bound by treaty and good faith TO re-
speet the titles of both; this being part
of the condition under which they hold
the presumptivc right from The Indians
and the presuinptive transfer Of sovereign
/ ~ from European nations.
To perceive al once the operation of
these various claims, one must take in
4 view also the consentaneous force of the
law of nations--it is a fixed principle that
80 nations cannot lose their inherent
rights any more than individuals, though
(" part of them may be given up by con-
/" yention, and though an injury may au-
" thorise their violation" -Manen, C. TX.
Sec. !. These principles operate alike on
all parties Ia nation cannot gain the right
of another, any more than it can lose its
own. As soon as the principles of the
confederation of l77s was established the
rights securedcould not be violated by one
or more against the rest without VIOLATE
r. AZ <xf ~
could any rights be surrendered to one to
which the rest were not Individually enti-
tied. This principle was reinforced by
the federal constitution, and the coniede-
ration beside vested sovereign authority
in The general government OF the states,
by which treaties were to be negotiated
and concluded with other independent ma
tons.
What the sentiments of the country
were Of the principles contained Ia the Sd
sec. of The 4,h article OF the constitution,
we can colleG from the laws subsequerit-
| ly passed. BY law passed on the sub
! jeet OF territory, dated on the 18Th July,
! 1887, at the same time that the federal
constitution was under discussion, provi-
sion is made for the future distribution OF
the territory west of the OHIO, into terri-
tories and states. In Tie third article ct
which it is declared that. 4 he utmost
" good faifh shall always be observed to-
/" wards the Indians their lands and f,ro-
/ "heriy shall never DC taken from them
+" zcifhouft}iefr consent and in their proper
l"iy, rights and liberty they shall never be
"inyaded or disturbed"
In art.4, 80 The legislatures of the dis
"triets or new states, shall never Interfere
"wxh the primary disposal OF the soil by
he United States in congress ASSEM-
"bled, nor with any regulations congress
may find necessary for securing the IT,
" tie in such soil 10 the BONG jidt purchs-
g sers."
The principles laid down at period
coeval with the federal constitution, must
be construed as the sense OF the nauon
in the relations subsisting between the ".
States and the Indian tribes; and while
they prove the title Of the Indians to .be
iayiOhabic and never TO be invaded or dis
turbed, nor taken from lhem without their
free consent; the principle is also csta-
biished that none but the government Of
The United States can treat with the lhdl-
ans either in their capacity of owner Of The
soil or As an independent people.
Here then principles are hxed, by which
we can determine the precise merit of any
! title, which may claim under them or
) the insufhciency of any title which wants
! the legitimate sanction Of The only powers
: or authorities competent 10 make giants
{. OF lapd in the national Territory.
In a future Dusnber we shall shew that
The Yazoo spectators do not possess any
legitimate or just tile under The ". States,
rs we have already shewn they do no, I'M
der the Indians, who alone hold the Dsn,f-
nifm pernn where they have not by trea-
~ especially with the y. States (the only
competent party consented to the exdn-
lguishmsnt Of their Iitle in favor of the u.
States.
The reader will perceive from the rnuI.
hiude, and the mulnlarious nature, ofths
claims, which are set up 10 NE soil otter
ritory OF Mississ,ppi--that there must
nave been something spacious, fraudulent