Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1827-03-10

omission was not undesignedIy made 1t was
one Of the changes expressly INTRODUCED "
prevent the continued collision Of Federal ana
State powers, which had so long existed, 10 the
injury Of the public. The grant OF ubquaihea
power 10 regulate commerce with the lndians'
the exclusive right of repeling by force their
hostile Entertainments, and the exclusive pow
er OF treating, were necessarily so many infringe
ments upon the Jurisdiction Of the individual
States, and upon the power OF the State Legs
lalures. If any authority be wanted TO conhrm
these principles, i, may be found in the 42a
number of the Federalist, paper written oy Mr..
Madison. Comparing the powers granted 10
Congress by the present Constitution, win
those Of the Confederation, lie says, )" he reSu-
lation Of Commerce with the Indian tribes IS
very properly unfettered from those limitations
in the Articles of Confederation, which render
the provision obscure and contradictory. ne
power is :here restrained to Indians, not mem
bers Of any State, and is not to violate or In
fringe the legislative right OF any State WITHIN
It's limits What description oflndians are 10
be deemed members of State, is not yet set
tied; and has been question of trequen. per-
plexitv and contention in the Federal Councils.
And how the trade with the Indians, not MEM
bers of State, yet residing within its Legislative
Jurisdiction. can be regulated by an external au-
thority, without so far lntruding on the inter-
nal rights Of legislation, is absolutely ncompre-
hensible. This is not the only case in which
the Articles of Confederation have inconslder-
ate.y endeavored 10 accomplish impossibilities,
to reconcile a partial sovereignty in the Union,
with complete sovereignty in the States; 10
subvert mathematical axiom by taking away
a part and letting the whole remain"
To the Constitution Of the United States,
thus designedly framed on these points, Geor-
gia became a party, and thereby reinquished,
if she previously possessed it, all power to treat
with the Indians, and all RICH: TO exclusive Ju-
risIiction over them.
The powers conferred on the General Gov.
eminent, in reference to the Indians, are TO be
viewed, not more as comforting authority, than
as implying and imposing burdens With
thsir exclusive rights in relation to the Indians.
de, Owed on the United States the great duty
of defending the States against savage violence.
In the discharge of this duty, is laid the foun-
dation Of the Military Establishment Of the
United States. The first armies raised after
the adoption Of the Constitution, were for de-
fence against the Indians. And in this way,
the older States Of the Union, who struggled in
rous and powerful tribes Of savages, have been
charged with perhaps the greatest single item
Of public expenditure, in the fulflment OF the
trust and duty Of carrying on the relations Of
the Union with the Indians. But The power
and the burden must be reciprocal, and the
State which claims the right, by uncontrolled
legislation, Of Causing an Indian war, cannot
reasonably call on the Union 10 sustain the bur-
Zen of carrying it on.
The first law regulating the intercourse with
the Indians, passed after the adoption Of the
Constitution, was approved July, 1870. After
prohibiting the Indian trade TO all but licensed
persons, it gave to the President the power to
make such order respecting the tribes surround
ed in their settlements by the citizens Of the
United States, as to secure an int recourse with.
out license, if he deem proper; and the same |
law declared that no sale Of Indian lands TO an |
individualor State, whether having the right |
OF pre-empuon or not, should be valid, unless |
made and executed at public treaty, held un.
der the authority Of the United States The
dun alton OF this act was limited TO two years,
and another law was passed. approved LIST
March, l793, by which the surveying of lands
belonging to any Indian tribe, by marking trees,
or otherwise was prohibited. All purchases
and grants Of land, or claims and titles to land
mot made by Treaty Convention, entered
into pursuant TO the Constitution" were de.
elared 10 "be without validity in equity or law"
This act, limited TO two years, was supplied by
that of May 10, 1896, by the frs, article Of
which the Indian boundary line was declared
and defined from the mouth of the Cayahoga
river, on the lake Erie, TO the ST. Mary's. At
this time the Oconne formed the boundary line
between Georgia and the Greeks BY this law,
the prohibition of surveys is specifically re-en.
acted, and all the right, title, and claim, of
whatsoever nature or kind, of persons settling
or surveying lands secured to Indians, by
Treaty, is vested in the United States, on con-
viction of the offender. This law was limited
to three years, and its provisions were subs,an.
TALLY re-enacted by tina, Of Sd March, l7eo.-
BY the law Of 3o,h March, 1902, the previous
legislation on this subject, was re-enacled, with
out limitation Of time, and has remained to the
present day, and still exists unrepealed.
II is not known to the Committee that, until
recently, either Georgia or any other State, has,
since the adoption Of the Constitution, exercis.
ed or claimed the right to treat with indepen-
dent tribes Of Indians, except by as,horty and
consent of the United States, or has exercised
any act of legislation over them mr. has cl,imed