The enquirer. [volume] (Richmond, Va.) 1804-1815, 1805-07-05
FROM THE AURORA.
THE YAzoo SPECULATION,
coNrINu ED.

This comprehends great variety of Incidental
rights and titles oe peculiar tn the United States.
l. Thoie that appertain the relations that
it between the aborigines and the United
States
e. Thoie that relate to the former pofIefIors in
right OF war treaty.
s. ThoIe which peculiarly depend OH the principles
and laws of the confederation.
The rt of thele collateral objects OF enquiry, in it.
fe alone, contains, principle fatal TO the pretenons
OF the ipeculators. This is founded the rational
principles OF morality and ON the foundel principles
OF received law, that the Dominican Yey1s, the
alproperty ofthe foil is in the community that is the
hrf and actual known poHcHor. (See Millar on
Banks p. l65, and dihertarion the ambiguity of
the EngGlh contribution, part SS); What lawyers
denominate the fee fmefe can be derived only from
thoe who poRes the Dozsiniars Ysrur, or real pro-
Perty or in other words the fovereign authority of
the Rate can alone ALLEVIATE tie title to the foil or to
any part OF it. Thofe barbarous doctrines now
ieouted from civilized focety, by which the colour of
complexion, or tenet of faith, deprived one clais
Of human beings Of their natural rights, and veNed
IN another the privilege of ufurpng whole regions of
the earth and defpoling and ravaging nations. The
Spanards who hra invaded the countries Of Florida
and MilhihPpi, aGumed to themfeves the fovereiyn-
y OF the foil and the right to extirpate the natives
Their tenure was recognized indeed by their iuccei-
fors, the French and Engifh but under the more
oengnant au!piees of republican government the
earbarous tenure has been fpurned from u.s. and the
rights OF nature recognized in the defendants of the
primitive occupants of the foil. To the eternal ho-
nor OF the American republic, pof-ilng the power 10
conquer, and 70 extrpate, the power has not been
deemed publication of its exercjfe: the maxims of
peace and civilized liberty have furperceded force
nlead OF the edge Of the ford and the tones of can
non and mniquetry, they have been eonrted as men,
treated with as equals, and accommodated with the
means ofiocia comfort and civilization intead of ha-
and murder. .'~,
Applying thefe glorious attributes of republican no.
hey and uiee to the principles of right, as involved
3: he eae ot rho 7as55 yeeion the government OF the
United States has recognized by treaty and by re-
Peated Purehae, the DOminiux nt,anu in the abort
ga natives oft land, and from them obtained the
fee iimple or more enlarged right transfer of the
foveresnty .t--.,i,' =
ltwas part ofthe earlieft policy of the confede-
ration aring out OF experience and the crcumitan-
ees OF the country, that fpecaI care ould be taken
to guard agane diiPutes between Rates, concerning
terrtory.-Hence by Art. TX. of the confederation,
under which the revolution achieved fecial pro-
v!ion veted the determination of any fuch differen
ees IN the iuPreme power of the confederation, So
AIDS.
In the federal contribution eabliihed after the ind
vdual commemorative had been organized in peace,
under their ieveral contributions the fame fpirt of
general conformation is found in Art w. g. Itpro-
vdes for the admiffon of new hates, bur decIars.
that no new tate hal be erected 4uit5in fbr ;u,t5;
on oil the old &c. without the content of the leg;ila
lures OF the fate. concerned ar 4peH as OF conoref
That congress hall have power to dfpofe of and make
needtul rules and regulations repeGng the TERRITORY
or other property Be. and nothing to prejudice any
CLAIMS OF the U. S. or any particular iiate.'sST $50
twas uniformly underhood during the revolution
that the lands which in occupancy of the u
nted States at the revolution, but within the limits
defined at the peace of 1885, ffll fubee to the
authority of the aboriginal natives and chat ALTHOUGH
aright was recognized by foreign nations in the Uni
fO he ahf E>,xa Il
TO the y. States, this title amounted only to a b,.
smpog in favor Of the United States and TO an excu
hon oil all other powers who were parties in the CON-
tra9. "
In the language Of the law, we obtained not the
fee but the executive right to purchafe The Dsmiai
I'm v-rn,7 was in the Indian tribes, and 70 i, fill con-
ti:'ues to be- the treaties concluded every wear with
the Indian tribes, recognize their original and flb0an
tal fovereignty and their abandonment of fucb mart,
as they cede in the received uage of fae and transfer
by the mott foemn deeds-and for valuable contide-
ration. ~ IS 500 'i'
Numerous treaties might be referred to on tb,
iuoect but as the laws of the United State are m h.
had everv where, reference will be made TO finch
only as Especially apply to lands part of which are en-
prdced IN the fdzoo Ipheniahon. BY a treatv conclp
def on the Hohon river on the I'd of July i7s1, be-
tween the Cherokee nation and the IT, States it is e
tapned and declared that the Cherokees place them
felves under the protection of the u States and of No
other foveregn whatever and they alto ninnl,,. ,b
the faid Cheroees hall not hold any tssty with anv
f'rtgn po7ptr iudiOidaai Ga.e, but the U. State,
Art.9. BY Art, 4, the Cherokee claim is ex,npu;G.
ed forever TO certain lands deferibed FUN tpSlated
as the value thereof be paid annually, for which
they reieaf saeaim, ,elinqu6 and cede," the land
deferibed forever. BY Art.7. The United States
iolenrnly guarantee to the Cherokee nation all their
lands not hereby ceded." Art. g. ANY perfon fa,-
Ting the Cherokee lands hallforfei, the ion
of the US.
Another treaty was concluded in this city in Tune
1874, reinforcing the treaty of HoHon another ar
Ielfeo 1898, befde treaties one at New-York in
1870, and another at Coleraine in 1856
treaty was concluded with the Choaaws. ano
ther powerful nation Of Indians at HepetyeIe on tbs
k;owee river in l786--whch contains AMONG o;ber
eorroborative provions and POPULATIONS, the follow
ing-t defines art. 3, the boundary at 81 degrees NJ
latitude, exactly the fouthern boundary of the Nif
hPpi terrific lin which the fpecuIatons are embra-
ted) procuring for the u s. three tracts of mile,
fquare each, for trading ports.
A treaty was concluded in 1856, with the Cb;ct
1iaws, another nation living within the fame terrific
ry.
. treaty wa' concluded at N York in 1870. with
the Creeks, another nation occupying poiIefions in
fovereisn right part of this territory and all tbefe
All dol ~,4s,, H.. IL. r.