Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1827-03-06

became, ipse facts. seyeraiiy sovereign AID ind---
pendent States. owing allegiance to each other,
nor to any common.head.
On the result OF the struggle which that dec.a-
ration produced, end which eveniuated in the re- L
cosnition OF the States, sereraiy sovereign and
independent; ant on the TACT that this right, nse-
parabiy incr!en: I, sovereignty, has never been
yieldedto the Unirt Stale.
The exceptions 10 the principle. THAT her iurls-
diciion Is co-extensive with her limits, she con-
iends' exist only In those cases, where, in con-
iormity TO the CONSTITUTIONS, the United States,
have by her consent, acquired exclusive iurisdic-
ton over particular places; that in other cases pro-
vided Tor by the Constitution, the jurisdiction OF
the United States, within the limits Of particular
State, Is concurrent with, but not exclusive OF,
the Jurisdiction OF the particular State, unless the
Constitution, in terms, or from the necessity of
the thing, inhibs he action of the State over the
subject
As an evidence OF her right, thus to exercise
jurisdiction co-extensive with her Limits, .he an
peais to the whole history of her legislation. i,
proof oil ITS continued, uninterrupted and Hitherto
unquesioned exercise; TO her laws and resolution.
u 1888, 1888. 1IS7. 1914, 1918, and 1919, on
the subject OF surveys Of land, in the occupancv
OF Indian tribes, aud To other acts of 1855 AVA
lISS, relatively TO the county Of Bourbon. estah
iished by her authority on the banks of the Mis-
slssipp', and to the subsequent recognition by n.
United Safes IN the contract # 1872, of the rish,
SCquHeu Vnuer Inc former
She appeals TO he history of the Iepisla,;o, IS
her sister ates, having Indians 4residine vnbi,
her limits, on lands the ultimate fee of which is in
the particular State, all of whom, she slleees have
exercised the same jurisdiction, which IA no,v
Claimed, and has always been exe cised by Geor.;s
and to the principle of the decisions of The Svprem
Court, especially in reference TO the grants of
North Carolina, and she refers paricula,Iv IN a.
legislation of that State, of South Catolina. of
Virginia, and New York "a
In further proof OF her 10 survey lan,s in H.
occupancy Of an In;an tribe hut within b.r a..
tered limits, she appeals to the decision of Oh.
same Court In the case of Fletcher and Pcrk IN
"neh was decided tilat the Indian title TO lands
within the limits OF Georgia was not ncoos;.,sr,
with the title in fee of the State 10 The 10,
occupied by the Indians; that the State of Geor,;a
hao power 10 grant hose lands during spcb 20
cupancy, and that her grantee might main;aio a,
ejec'ment Tor them, notwithstanding that tile.
and she inquiries, IT the right of surUeV be NO, in,
separately incident to the exei else OF those r;L,
Inc existence OF which is thus determined bv ,ba
Supreme Court VAC
Inc Claim oil Georgia, under the treaty of the
indian Springs, ma, be briefly stated thus.
The compact OF 1902 she contends. bopna.,b.
United States, in consideration OF the ces.ion mad
! oy Georgia. 10 extinguish the Indian title IN The
remaining lands within her limits, and in their oc-
cupancy Ii created an obligation I'm, d;d -.
confer right on the United Staies. Ii was s;unI
she urges, stipulation that the expense of H.
ekHhsuishment SHOULD be paid by the JJni,,d
States, and left them consequently tn s.,t,s ~
amount. When, through their agents. The con
uact oil the indian Springs was negotiated and
me government had ratified the bargain, the RIGHT
oil Georgia became, as she Contends. i,revocsbIv
vested. The authority OF the IT. Sta,es w. -.
an end This Government was funclus ofGc;o a.
! 10 me subject; the power was execned IL tho
agents OF This Goverf neni had committed fr.u5
me United Sales was bound TO indemnify those
whom they had injured 1.-THE Indian, WERE U,-
''o'hed' /" was me duty OF this Cove nment TO
appelse them by the use of its own ,nea,s 7.
conid not interfere with the rights of t:sn,,;.
| Inc Ohhed States, 1t is said, had conferred no
iiSh on georgia. They had mel civ removed .,
'he"horance rom pre-existing right; as bv the
compact OF 1872, they were bound 10 do To-,
coua nor replace that incumbrance by a new com.
pact with The Indians. The Government, If N.
Onred States 1t is asserted, did not preten, ~ a.
so, on the contrary, those who maintained the
VamdHy oil The treaty at Washington professed N
beie'e' the opinion was distinctly avowed n, tha
moor OF The Senate that so far as Georgia was con
cef"eu' 'nat treaty was cO-extensve with ,b, ono
negotiated at tie Indian Springs. That. if ON ,hs
eApee'a',"h Inc oniied States were deceived tIey
must look 10 the Indians for the correction as,t
error; that they have, in this even,. Maid 900.
Tor consideration which they have no. received
Dat That The rights OF Georgia remained un,o,ch.J
O"ee ses'ea' and no one, che affrms will Js,v
e'a' 'hey we're so, while the treaty of the India
springs was in force, they cannot be dives,ed
without her consent.
one denies The application of the Indian inter
course act I" the subject, affirming that II il Ii
fee'eu against the Unauthorized Intrusion NJ nj;
Va'e individuals, and not TO acts done nm Tor ,ba
auihoTiiy OF State. She asserts that this ia ob,
Gus, rom It's terms and from the fact that the nase
Pof' OF ihr GoseInor of Sta;e, equally with ,ba,
"a the ies!dent, dispcnses with some of its penaI-
.es i"a' IL Is directed against Intrusive .e,,Ie
, VI "c'S cone with view 10 settlement: not
80. 'eyS maze under The authority of law. A.
game, such surveys and settIemep ts she an; r
that the Indians are protected by the cons,i,,,;n
laws OF Georgia. .
such, the committee are induced IN bs,;.
me claim which Georgia will present TO the nrors.
tribunal. " Tue proper
Inc committee having considered il their d,,,
20 apply through their chairman, TO the prons,
department OF the Government TO ascertain ,vbs,h
CT any particular act Of legislation was con.
'emPa'ed' or desired by the Executive Govern-
MEM nave been referred, generally, to the MESSAGE
"a Tue PRESIDENT; and, in answer to specific en-
Iu"y' whether any appropriation of money. bv
Oo"6 esS' was necessary to obi ain the reIinnnist
oy The Indians, of any claim 10 the lad.
~ controversy, have been informed tina, The s~
Pehse Oh treating for that object might be Jef,.v
co OUT Oh the contingent fund, and the purchase
money Ii treaty should be made. provided C.
ny an appropriation at the next session of Con-c
esS, ana 'bey have been furnished, by the head f
ma ~ uep"'ment' with copy of his instructions
~ we Asen' OF Jhe u. s., residing in the Greet
'a''oh directing him TO use his exertions to oh
ted 70 "e'e"i'h submit