Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1827-03-09
GEORGIA AND THE UNITED STATE

The Select Committee, 10 which were referred
Message OF the President of the U. States,
of The 5th inst with accompanying docu-
mems, and Message OF the 9Th instant, with
ACCOMMODATING documents: also, "a Report and
Resolutions oe the Legislature OF Georgia,
with accompany documents; also, JOINT ke-
solution to Indemnify the Creek Indians for
the land lying between the Chatahouohie RI
yer and the divlding line between Georgia
aud Alabama; also, Message Of the Presi'
dent, with accompanying documents, OF %
Marc h, have had those subjects under consi-
deraton, and beg leave TO report as follows:
The civilized nations ofEurope, who at different
periods. discovered and settled the various por-
tions of the Anne rican continent, founded, prln-
cipaily on the right of discovery, claim 10 the
Severe ignly over the Regions 50 discovered
This claim Of sovereignty does not appear, al
least in the claim Of the English Government,
10 have extended, III Itself, beyond an exclusion
Of the claims of other nations. The Commit
tee are not aware, that the English Govern
ment or its Representatives, the Colonial Go
yernments, ever assumed, IN virtue OF this Claim
of sovereignty, TO exercise the powers oil m
ternai legislation over the persons who COM
posed the various Indian tribes, within the re-
gions To which the claim Of sovereignty extend
ed These tribes were, on the contrary, consi-
dered AMI treated as separate, and, TO certala
degree, independent na;ions A friendly inter
course with them was kept up by means OF con-
ferences and councils; boundaries, the right to
establish and maintain military posts, and occa-
sionally The right of passage, were matter OF
stipulation, by formal conventions, entered into
between The Crown or Colonies on the one hand,
and the Chiefs and Warriors Of the tribes on
the other. When the provisions OF these trea-
ties were broken by the Indian tribes, or when,
in any other way, state Of hostility arose, wars
ensnt d, as between separate civilized countries,
and these wars were concluded by treaty. No
doubt, III the most early periods OF our history,
and in re,erence 10 The remnants OF tribes,
wUlcn had ceased 10 nave separate existence,
transactions may have occurred, which imply
different principle OF acion, on the part OF the
British or Colonial Governments; but 1t Is be-
heSed, that no attempt was ever made by those
Governments, or any of them, TO incorporate
the Indian tribes into the body polite, or 10 car
~ the right Of sovereignty farther, than to ex-
cIude the sovereignty Of other free States, and
To regdEate, at discretion, the intercourse with
the tribes thus subjected.
In like manner, the European Governments
claimed, In virtue OF discovery, right III The
soil, occupied by the Indian tribes. 1t Is not
necessary, nor perhaps possible, 10 define the
precise extent to which this claim was carried,
in ali instances II is well known, however,
that il was u claim OF a right presumption re-
siding in the Government, BY various public
and Legislative acts, individuals were disquali-
fed from acquiring tile 10 Indian lands, by
direct purchase of the Indians; and the Govern
ment recognised right of occupancy in the In
a Il, nh. m I'VE
preroga,ive Of extmguishins. This well known
fact has received The sanction OF judicial deci-
sion, (slh Wheaton, in the case OF Johnson ard
Graham's Lessees Us. Mcintosh Such was
the state Of things before the Revolution.
In the event OF The war of Independence, the
rights Of the British Government devolved up
on the United States. But grave question a
rose, whether, in reference TO the Indian tribes
within the limits Of any State, the right OF ex-
elusive sovereignty and exclusive presumption,
formally vested IN the Grown. passed, in virtue
ofthe Declaration of independence, 10 the Con-
federation OF States, to the individual States,
respectively, within the limits Of which each
tribe was situated. On the one hand, it was
commended, that the right to the unoccupied
lands, and, VIVA. was considered the same thing
the lands occupied by the Indians, having ORR
einally resided In that Government, which was
common TO all the Colonies, and having been
conquered from that Government, al the Joint
EXPENSE and efforts Of all The Colonies, PASSED
10 the Confederation; on the other hand, IL was
urged, that each state, becoming independent,
succeeded, within its OWE limits, TO all the
rights formerly vested in the Crown.
The controversies growing out Ut this differ
ence of opinion, were OF The most serious cha
racter. They were one chief cause, which re-
tarded the adoption OF the articles OF Conie1e-
ration; and under the Confederation, they form
ed the subject Of some OF the most embarrass-
ing questions, which were presented 10 the con-
sideralon Of the Continental Congress.
The difficulties thus arising were OF too great
magnitude to be setIled, by any positive deci.
sion in favor Of either party. They were Prac-
tically obviated, by successive acts OF csssion,
on the part Of the States, laying claim TO extern
siye tracts OF unoccupied western lands. The
conditions on which these cessons were made,hy
the different States, were not uniform; nor did
Congress, in accepting these cessions, admit
that, without them, the Confederacy would have
possessed no title TO the unoecupled lands
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