Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1827-03-17

the Northern, Middle, and Southern a.n.,,n.,...
In the latter department the Creek Indans vsr.
included. "oe
BY the articles of confederation, coperess had
Inc exclusive power of making treaties .t thse
t'me' and, 1t Is believed, at all times, tho oniv
mooe. In time OF peace, in which the relatioia
with Indian tribes have been conducted by the Ia.
States. Congress had also the power Of "reen-
ia'ing trade, and managing ell affairs with the In.
oians. not members OF any Of the States: Pfovid.
co. that the legislative right of any State, within
us own limits, be not infringed violated" This
express Iroviso, and the pTovso implied in the
words, " not members of any State,n were the
sources OF much embarrassment under tha old .o,
recreation. Georgia, particularly, claimed the rieht
10 treat with the Creek Indians concernins p.sce
isnd-. and the other objects that usually form the
matters OF Indian treaties; and in order TO est.h
"sn her tight 10 to do, she, by the Treaty ofcsl-
ph'nton' IN l7so stipulated that the Indian. os
the Creek Nation, were {" members of the st,,s,s
OF georgia. In what sense they could have been
" members OF the State,'' this committee doe. noe
unJeIstand and the rie hit of State to enter int.
these treaties with the Indians was strenuou,lv re-
sisted by Congress.
at length the constitution was adopted. Thu
neaiy-making power was sgain vested in the II.
States. A treaty duly ratified became The supreme
"a" OIL me land, any thing in the constitution or
laws OF any Stale TO the contrary notpitbstand.
ing" BY the confederation, the powers of the
congress tor regulating trade, and managing affairs
WIN the indians, were limited Gas had Just been
oo-erved) by the proviso Z" that the Legislative
right OF any State, within its own limits. shoud
mol De iniringed or violated" No such Limitation
Is found In the Constitution of the II. States This
omission was not undesignedly made Il was ona
OF the changes expressly introduced. 10 prevent
the continued collision of Federal and State Dow
efs' which nan 80 long existed, the injury of tho
pubic. The grant of unqualified power To resu-
late commerce with the Indians, the exclusive
right OF repeiling, by force, their hostile sncroach.
inenfs' and The exclusive power of treating. were
necessarily SO many infringements upon the iuris
dicuoh OF The individual States, and upon tha
power oil the Stale Legislatures. If any au,hori-
~ De wanted to confirm these PRINCIPLES. itmav
be founn in the 42d number of the FederaIs,
paper written by Mr. Madison COMPARING the
powers granted TO congress by the present eonsti-
'uion, with those OF he confederation. he s.va
" The regulation OF commerce with the Indian
nioes Is very properly unfetered from those Iirni
aiions in the Articles of Confederation. vhch
reader the provision obscure and con,radio,orv
HE power is there restrained TO Indian. ~,
meinneFs OF any State, and is not 10 violate or
iaiinse the legislative right OF any Safe within
It's limits What description OF Indians are To ba
deemed members OF State, is not yet settled: and
mas Deen question OF frequent perplexty and con-
.en,'o" IN Inc federal councils. And how the
trade with the Indians, not members of a State
yet residing within its legislative Jurisdiction can
De regulated by an external authority, without go
iaf lEuuding ON the internal rights OF lee islation
Is ab-o'ntsl - incomprehensible. This il not ~.
only case IN which the Articles of Confederation
nave inconsideralely endeayoured to accomplish
fimpos-ioiiiiies, TO reconcile partial sovereientv
In The Union, with a complete soyereentv in ~.
ot"es; 10 subyert mathematical axiom by taking
away part and letting he whole remain
10 Tie Constitution OF the United States, thus
oe'sheo'y r'ned on these points, Georgia be-
came party, and thereby relinquished, if shn
previously Possessed it, all power treat with tho
them.
lie powers conferred ON the General Govern.
men', IN reference to the Indians, are TO be view,
ea' NOT mors as comforting authority, than as inn
plying and imposing burdens with their excIu-
sVe rights IN relation 10 the Indians, deyolved on
the u ,. the sreai duty of defending the States
asains. savage violence. In he discharge of this
duty, Is laid the foundation of the Miii,arv rs
tap!ishment OF the u. 5. The frs, armies raised
alter the adoption OF the constitution were for de-
ience sgsns, the Indians. And in this way the
older States OF The Union, who struggled in their
infancy, alone and unaded, against numerous and
powerful tribes of savages, have been CHARGED
win perhaps The greatest single item of public
expenditure, In the fulhlment OF the trust and duty
oil Carrying on he relations of the Union with
me Indians. But the power and the burden must
De reciprocal, and the State which claims the right.
by unconiI oiled legislation, OF Causing an Indian
war, cannon reasonably call on the Union to sus-
ia'n 'he burden I: carrying it on
Ihs first law regulating the n ercourse with the
indians, passed after he adoption of the consti-
tuition, was approved July, 1890. After prohjb-
I'ing The Indian trade 10 all but licensed persons
u gaze 10 the President the power 10 make such
order respecting the tribes surrounded in their set
tismehts 10y the citizens Of the United States. 40
to secure an Intercourse without license if he
deem proper; and the same law declared that no
sale oil indian lands TO an individual or a State
: whether having the right OF presumption or not
should be valid, unless made and executed at n
public treaty, held under the authority of the u
States. Ibe duration of this act was limited to
two years, and another law was passed, approved
LIST March, 1893, BY which the surveying OF lands
belonging 10 any Indian tribe, by marking trees or
, otherwi-e, prohibited All purchases and
grants OF land, or claims aud titles to land nor
made by Treaty or Convention, entered into pur-
( s1ant TO The Constitution" ere declared to be
: without validity in equity or law" This act liz
, mneJ 10 two )ears, as supplied BY that Of Nav
~, lI9b. by The first article Of which the Indian
e boundary line was declared and defined from the
mouth OF The Cayahogs river, The Lake Erie.
- e. the 1T Mary's. Al this time the OcOnnee form.
e Ell The boundary line between Georgia and the
c Creeks. BY this law, the prohibition Of surveys
Is specifically enacted, and all right, title, and
c claim, OF whatsoever nature or kind Of persons
settling or surveying lands secured 10 Indians, by
J, a Treaty., II vested IN the United States on con-
2 siriion OF the offender. This law was limited Ia
three years and lis prOvsiOns were subst sntiallv
u re onscied by that OF Sd March, 1909 Bv the
e law OF JOi March, 1902, the rrevious