The Massachusetts spy, and Worcester County advertiser. [volume] ([Worcester, Mass.]) 1825-1831, 1829-10-28

been executed. But the time might come wher
these laws should be repealed and when Con
gress should, by a feeble system of legislation
leave the Cherokees defenceless In order tc
guard against this species of bad faith, stipu
lation IS here inserted, by which certain law
OF the United States, so far as it relates to the
intrusion OF whites upon Indian lands, is made
part the treaty. This law. therefore. as 4
respects the Cherokees, cannot be renealed by
congress. 1t is to be considered in Just the
same light as If all those parts of it, which re-
late to lntruders, had been literally copied into
the treaty. Let US then look at some of its pro
visions.
By the law of March 80, 1902, it is enacted
section y that if 8" any citizen of the United
States shall cross over, or go within, the boun.
me, between the United States and the
game or shall drive horses, or cattle, to range
on any lands allotted or secured, by treaty with
the United States, to any Indian tribes, he shall
forfeit sum not exceeding 800, or be impris-
oned not exceeding six months
BY section 9Th, it is enacted, "that if any
citizen shall make settlement on any lands be-
longing, or secured, or granted, by treaty with
the United States, to any Indian tribe, or shall
survey, or attempt to surrey, such lands, or de-
stgnate any OF the boundaries by marking trees,
or otherwise, such offender shall forfeit sum
not exceeding $1,000, and suffer Imprisonment
not exceeding twelve months" In the same
section, the President is armed with full power
10 take such measures, and to employ such mil
ltary force, as he shall judge necessary to re-
move from Indian lands any person who should
attempt to make settlement thereon"
There are other provisions in the act, all tend
ing to the protection of the Indians and to the
preservation of their territory inviolate This
general law IS now in force, in regard to all the
Indians, whose lands are secured to them by
treaty; and in regard to the Cherokees, let me
say again, Congress cannot repeal it for it is
incorporated into a solemn national compact.
which cannot be altered, or annulled, without
the consent of both parties.
Within few months past, train eff survey
ors, protesting to act under the authority of
Georgia, have made an Eruption into the Cher
okee nation, to the great annoyance and alarm
OF the peaceable inhabitants. These agents of
Georgia have not only attempted to survey, but
have actual; surveyed, what they call an old
Creek boundary, which they have doubtless de-
signated by marking trees and otherwise Thus
they have done the very thing which is forbid.
den by the 9th section above quoted, under
penalty OF $1,000, and twelve months imprison-
ment. Even if the people of Georgia were
right, as to the Greek boundary they are not the
proper persons to ascertain the fact. Several
treaties between the United States and the
Cherokees, provide, that boundaries shall be as
certaned by Commissioners appointed by the
United States. accompanied by Commissioners
good reason be assigned, then, why the Presi-
dent should not direct prosecution to be COM
menced against these offenders, who have tram
pied on a law, which is of vital importance to
sustain the plighted faith of the nation7
1t is said that the United States can make no
treaty with the Indians living within the limits
OF State that is, within the limits of what
appears, Gy the map, to be one of the United
States. beg leave to make distinction be-
tween State, and the map of State not
having yet seen it proved, that the engraver of
a map has the power of disinheriting a whole
people, and delivering their property into the
hands of others. What did the men, who FORM
ed the Federal Constitution, think of the extent
OF the ireaty-making power This is, think, a
pertinent question, and admits Of decisive an
swer. In the first law of Congress, on the sub
ject of intercourse with the Indians, which was
enacted under our present form of government,
the fourth section reads as follows;
That no sale of lands made by any Indians,
or any nation or tribe Of Indians within the
United States, shall be valid to any person, or
persons or to any State, whether having the
right of presumption to such lands or not, unless
the same shall be made and duly executed at
some public treaty, held under the authority of
the United States"-[J Judge Story's edition of
the United States Laws, p. 1907
This act was approved, July %, 1890; only
sixteen days before the execution of the Creek
treaty, in the City of New York, which was de-
scribed in my fourth number. The leading
members of Congress had been leading mem
bers of the Convention that formed the Federal
Constitution. Their exposition of that instru-
ment will not be controverted by any consider
ate writer, or speaker; and their decision, in
the section just quoted, is as positive and per-
as can well be imagined. The same
provision was continued in subsequent laws, and
is found in the law of March 80, 1902, in these
words:
find be 1t further enacted, That no purchase,
grants, leases, or other conveyance Of lands, or
of any title or claim thereto, from any Indian
or nation, or tribe of Indians. within the bounds
of the United States, shall be of any validity,
in law or equity, unless the same be made by
treaty or convention, entered into pursuant to
the constitution; and it shall be misdemean-
or in any person, not employed under the au-
thority of the United States, to negotiate such
treaty or convention, directly or indirectly, to
Indians, for the title or purchase of any lands
by them held or claimed, punishable by fine,
not exceeding one thousand dollars, and impris-
onment, not exceeding twelve months
Then follows a proviso, that an agent from
State may be present, and propose terms, when
commissioners of the Uuited States are treat
ing with the Indians.
In accordance with the constitution and with
the express provisions of these national laws,
it has been the universal practice to obtain
cessions of Indian lands through the medium
of treaties made under the authority of the
United States. No fewer than nine of these
treaties have been duly formed and ratified, in
regard to small reservations of Indian territory
in the single State of New York, That great
and powerful State has never yet complained
that its rights, cas- a sovereign and independent
State" are in any way endangered or abridged,
spirit of the Federal Constitution.
Thus, Messrs. Editors, have gone through
the long list of treaties which our country has
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