Lancaster gazette. [volume] (Lancaster, Mass.) 1828-1830, 1829-11-10


In the hrst law of Congress, on the sub.
lect OF intercourse with the Indians. which
was enacted under our present form Of
government, the fourth section read as fol.
lows:
THAT no sale of lands made by any
indians, or any nation of tribe of Indians
within the United States, shall be valid
70 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 pub
lick treaty, held under the authority ofthe
United States. III Judge Story's edition
OF Q. S. Laws, p. 1O9.l
This act was approved July %, 1890
only III days before the execution of the
Creek treaty, in the City Of New-York
which was described in my fourth num-
Der. The leading members of Congress
had been leading members of the Conven-
ton that formed the Federal Constitu-
ton. Their exposition Of that instrument
Will not be controverted by any conside-
rate writer, or speaker; and their deci-
sion, In the section just quoted, is as posi-
tive and peremptory, as can well be imag-
ined. The same provision was continued
IN subsequent laws, and is found, in the
law OF March 80, 1902, in these words:
And be 1t further enacted, That no pur-
chase, grant, lease, 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 INSIDE
meanor in any person. not employed I'M
der the authority of United States, to
negotiate such treaty or convention, d.
rectly or indirectly, to treat with any such
Indian nation. or tribe of Indians, for the
title or purchase of any lands by them
held, or claimed, punishable by fine, not
exceeding one thousand dollars, and i'm
prlsonment not exceeding twelve months"
Then follows proviso, that an agent
from State may be present, and propose
terms when commissioners Of the United
States are treating 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 I'M
der 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, /" as sovereign
and Independent State," are in any way
endangered, or abridged, by a faithful ad-
herence TO the letter and spirit of the Fed
eral Constitution.
Thus, Messrs. Editors, have gone
through the long list Of treaties which our
country has made with the Cherokees,
and which have received the highest
sanction of the Legislative and Executive
Branches of our Government and which
nolsdoubt will receive the sanction of the
Judiciary, whenever regularly brought be-
fore it. The Judges of the Supreme
Court of the United States long since de-
clared, incidentally. that the United States
are bound by treaties to the Indians. Mr..
Justice johnson said, nineteen years ago,
Is Cranch, p. l47) innumerable trea-
ties formed with them (the Indians ac-
knowledged them to be an independent
people and the uniform practice of &C.
knowledging their right Of soil. and re-
straining all persons from encroaching up
on their territory, makes it unnecessary
to insist upon their right of SOIL" Chief
Justice Marshal said that the Indian title
is certainly to be respected by all courts,
until it be hgitimately eatinguishsd."
This is enough for the perfect defence
of the Cherokees, till they voluntarily sur
render their country; this being the only
way in which their title can be legitimate
ly extinguished, SO long as treaties are
the supreme law Of the land.
WILLIAM PENN.
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