Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1827-03-13

treaty duly ratified became tho supreme law land,
d" any thing in the Constitution laws of any State to
the contrary Notwithstanding" by the Confederation,
the powers OF the Congress for regulating ;,aie and
sng adams with the Indians limited Gas has ils,
bscm olscrved) by the proyiso hat the Legislative rie,
o any STATE, within its limits, should not DC inriugel
violated. such limitation j. found in The Constitution
OF the u s. This omission not ui,iesigneiy made
II nf the changes expressly inoduce,l u me
vent the continued collision of Federal and State powers
which had SO long existed, To the INJURY 9f the public
he grant OF unqualified power 80 regulate comierc
with the Indians tire exclusive wight ofEcpciug by force
their hostile and the exclusive power al
treating, were necessarily many imfiusemeuts upot
the jurisdiction OF the individual States, upon The
power of the State Legislatures. !! any authority hf
wanted to confirm these principles DC found in IN,
IA number OF the fcderalist, a paper written By Mi
Madison Cumparing the powers s,aned Congress by
tire present CorsIiuon, with those of the
he says The regulation of commerce viii, the India,
tribes is properly uuettercI fum those m atnns i,
the Articles OF Confederation, which render the 1Iovsu,
obscure and contradictory The power there restrain
ed TO Imdias members Of ay State, is not To yio
late or Infringe the legislative right of any State with,
It's limits Hha, Upton O; Indians are to De deemed
members Of State Is not yet settled. and has been cues
ton of frequent pc.plcXity aud cnntcnijn in the rrtr,
Councils. Aud how the trade win the Indians mn, ,,,
uiers OF State yet residing in its legislative ,,.sc
ton, he regulated by external authority i,hc,,
So far mtEudng the internal rights legislation is Al
snluteiy lcoNpschGnsiblc. fhs is the ONLY case il
which the Articles of Couferaom have inco,,si,r,,oi
endeavorcd 10 accomplish mpossbies, to reconcile
partial sovereignty III tie Union, ith co,pIete sove
reiguty the States; smbvert hcn,aticai or y,
taking away part and letting the whole .enain.p
To The Constitution of the Lujt'd States ,ius tIesru
eddy trane, on these points. Gsng became a ma am
thereby IeiinluScd, ii she previously possessed IL al
power 10 treat viii, the Indians, and all right TO exrlsy,
jurisdiction them.
| The powers conferred the General Gn.ernneut i,
reference to the Indians te viewed, not uiore a.
comforting authority, than implying and imposing bar
dris. " ith their exclusive rights i'll relation tic In
dans, Hevoved IN the United States the great duty of h.
lending me States against savage violence. In the dis
charge of This duty, is Ia i'll Foundation of The
Establishment Of the United States. The frs, armie
raised after the adoption ot the CONSTITUTIONS were for
fence against the Indians And in this wav the ollr,
States of the Union, who struggled ia their infancy alone
and unadci, against numerous aud powe tribes Of sa
wages have been charged it'll perhaps the greatest ain
gle Item of public expenditure, in the fuilneut of In,
trmst aud duty Of carrying the relations of The uior
with the Indians. But the power and the burden must
DC reciprocal, ahd the state Which claims
uncontrolled lrgislaUn, of causing Indian war cannes
reasonably call on tie Union TO sustain the burden Of car
ryug it
The INST lay regulating the intercourse with the Inli
aus passed after the adoption ofthc Constitution was n
proved July, 1870 After prnhIhring India ira lie ia
ali hi" licensed PERSONS it gave to the President tho now
"r I" MAKE Sur-cr respecting the tribes Surrounded il
their settlements by tine the United States =,
t" secure intercourse wuut liceust, if Inc Irciu
proper and the same law declared that Of Indian
lands tn an individual State, whether hayn, Inc r;c
q" empiion or rot should he valid, unless made and
executed at pubic treaty, held under the artiorty al
the ohitca States The duration OF this iime,
l" TWO years, aud another law passe arcgCYed
March, 1913, by which surveying ofIanls beionr 70
any Indian tribe, By ma Tkng trees, otherwise was oo
hhited All purchases an grants land or claim. am,
mites To land mot made by Treaty Conventions en-
tired into pursuant the Constitutions" we're declared
10 "be without validity iii equity law" This act IL
"itcd I" two yeas, supplied by that Ainy TO- 1896
Ivy The hst arce of which the Indian bnunHar, i,,c was
declared and defined from the uou,! of the Cavaoca ri
yer, on the lake Eric the St. MarYs. st This time the
oconne formed the boundary line Georgia aud The
trceks By iSlaw, the prohibition vCvs is srrri.
hca!iy re-enactcd and ali right and claim of yot-
s"eveT nhfufe or kind OF persons settling or ,i.yerinc
lands secured to Indians. 5y treaty vested in the
ted S'a'sS on convection ci the "aewrr. THIS law wa
limited to three years. ami its professions were
re enacted by that OF 81 March, 1853. BY the law Of m
S"rch' l6o2' the previous legislation his subject vas
c-eGacied, without Limitation time, and has rem, ind
10 the present day, and still exists aurepralsd
|; is not known 10 the Committee .bat, until ,ec.n,y,
either Georgia OF arg other state has, since the a,o
no" OF me HohshniIon exercised reclaimed he figh1 To
tiea with independent tribes ln5ans, cxccut tv aI,o,
y and consent OF the United STATES. or has eyc,cisa
any of legislation over them or has Imc,; T., do No.
act thing forbidden by the law ul 1902 The mn,
tee believe that the state, OF Georgia has not ONLY aces
Geo. until Ia'ey IN the vaity Of this course Of
'"nbu that her intelligent and prominent citizens have
gwen IT tneir express sanction In the talk OF AIcssrs
Campbell and Mcrriwether, The Cherckces j., 100
tleSe gentlemen say, fhc sovereignty of the country
which you occupy consideyh'e pat of Which in ,l
Stale oi Georgia is III tie United States onc; no e,nc
nr Foreign Power ca cHtcr into treaty or co,nac %
YOU These privileges h"ve passed y your infer
course IS restricted eXclHsirry " the United States In Il
letter dated March TO- 1891, addosscd by The (ro-ea
delegation OF Senator's aud Representatives. u, t. rr
'fy :" war tMe COMMITTEE umtc's'and the drrgaou to
say mat Inc Chenkees are To be viewed Other Indians
Is persons suffered &" rode within the territorial li,nts nj
hc United States and SHheCi In ercry resrai yhcd mr.
Pot'ry mi Power Of Ne G,Hcrm Gourrqgi rll,,jy \, h.
'nPos'd H'n FOR tie interest Of the Union the
OF a particular State, and their own rreservatiom"
From these consider on The Committee we brour,, e.
e conclusion that the property H. aud Jurisdiction over
the lands occupied by Crccks within tho STAT, n CO.
ga" are not exclusively possessed by state bat arc
subject ~ tue rights guaranteed the Csccls, or reserved
10 ''c United states by 'hH Constitution lui,o
States by The eonrac, of1&J2, ~ the provision, Of law
"a ~ treaty.
remains only to nsh, vlehcr occupancy Of ,i,r
small portion g" lands no" ~ controversy is reserved T.,
survey il. aus "
Georgia claims tho right suve~ it. undrr rlc ,,e,ty
OF I've i"dan "rg7, bat thc ConHutrc are of nruion
"n no 'sn nor title could under that treaty. for the
following reasons, III brirG
F"E' mat treaty was negotiated only contrary IN
IN, iruciious, bui on Il baqis cx,r,g.,y cti., ~
E"e'""'n' Wneh pr' viousiy submitted Tor his sarcoiI
>to'H. Inc treaty At fc Indian Springs was conrluI.
oil l,,, f,-,rt ,C,f,.