Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1829-12-19
ki.nt me .NufioaGl Intcii, q
PRESENT CRISIS IN Tue CONDlTlUE
THE AMERICAN INDIANS.
Nn I-k;S


THIS decision pronounced in 1925. Since that
time the politicians If Georgia have srcnuousy con
tended thai the Indian title amounts to nothing.
In a Report of Joint Committee Of the Lcgisla- |!
turc OF Georgia, which approved b. the Senate
o. that Sat-, Doc III, &c 4, found such passages
the tollowiug
The com"cc say, that European nations .'asser,ed sue
osssui the right of uccsiyng such parts "i America ''as
each discovered aud thereby they established their supreme
Command ii
Asam /, may be commended, much plausihilry that
is CLAIMS, Of force, than of justice; but
the whole civilized world and unquesona6y true that
under such circumstances, y force becomes right
ted states is held by the same .ie ''' ''' -
The say, that cou,ended that, by the
the United States the uans for clinquEhmcnt OF
this title; and therefore that Of c character was
eutled and could not be taken from then, unless
10y their cor sent The Committee add, But oi
iietcnt opinion"
aud ceson e compact OF 1907 c could r.shiiuly have
the Indians or by farce; aud she had determined in ono Of
the do bur this she made the
her the possession. provided upon reasonable
rns aud by negotiations but in case should be necessary to
force this the United States makes no
the consequence That Georgia is left untranrel
ed and full liberty her rights that point
r;2s according to her own dcc'io' and Though such
contract had been made
The Committee give opinion .rla, the right OF
sod and sovereignty perfect III Great britain; pos
of the Indians iernissive that they
the protection of that government that their title temporal
~ tha' hey were mere tenants al VIII and that such tenancy
might have been determined either by ncso,a
The words printed in Italics ;h.s distinguished by
Committee.
IL might DC difficult tell which j. most remarka-
bic, the reasoning or the morality of these extracs
The committee argue, that, there is prnvis-
ion in the compact of 1902 by virtue of which the
United States are bound force upon the Indians
1t follows that Georgia has right To apply force,
whenever she pcaSeS. This is specimen of he
logic. dga.r TO most people there would seen to
be weight i'll the remark, that, the Indians were
evidently to receive consideration for their lands
nj I.,,, L., Shasta.
Pcct Bat no; in view OF this statement the com
ml'tec come 10 different conclusion. Here is ano
Their specimen.
The morality Of the due, rines inculcated by the
Georgia Legislature may be sufficiently unders; God
by the broad POSITIONS that discovery gave absolute
title 10 Europeans; that the title of the original in
hablants vas pcrmssive that was u mere tenan
cy ut VIII, (Which Is no title at a that the disco.
Ter might determine the tenancy at any U,o.aeai by
ncgoa lon OF force; and that, all European 20
VeFnncn's ate aedged TO be agreed in these princi-
pies, 'fOrCe becomes right 4"
The inhabitants of North Ancric1 nirft there
fore have been rghtt.ily driven me ocean saf
any ioaent when he dtscovcrors should have been
WI ling and able thus t. tlrtYe them. Ii is TO be -,
farrcd, that Corez and PIzarro were only ey,cu.n7
the lawful c 'mmindy of liln King of Spain when |
they were taking POSSESSION of Mexico and Peru
which according to this doctrine !ightiuy belonged
10 hIn though in dcInGso, they under the nl;,ea
sant necessity Oi numbering tae o1igad, inhabitants
The committee are entirely mstai.,n in point of
f9ct, when tboy say that every foot OF unj nc
United States I5 held by such title has been de
scrbeJ that is, title IN the Eurlreau SOVEREIGN
which, on the moment of discovery, supplan,ed and
snbvcrted Ill the rights of thu natives the lands
on which they born, aud of which they were in
full possession 1t may be truly said that tAe,e ia
not, within the limits of the United States, ~ 6xed
by the peace of 1898, single foot of land held US
aganst the original inhabitants, by the title Of dis
covnry alone lnconparabiy the largest portion of
the territory, within ne aforementioned limits has
been purchased of the Indians. Some small portions
have been conquered; the original owners having
Yrnpn n cd in X-,x,
their lands by superior force, compelled to cedc
them, as the price Of pacfcation. But in oil these
cases, the wars had other origin, than an at
tempt to enforce the title of discovery. The politi-
clans OF Georgia request ed TO produce a SINGLE
instance, after the settlement Of the Anglo-A1neri-
c1n colonies commenced OF any English Sovereign
or any Colonial Governor, or any Colonial Lesisla
t7e or any Safe Legislature anterior to .kc treaty
OF the Indian Spring in 1928, having assumed tic
right OF taking torcblc possession Of Indian country
nj any moment, by virtue IF the title of discovery
and without any regard to what the Supreme Court
has called "Ie just and legal claim" of the natives
To retain possession Of their country. The exclusive
night 0 ertinWiSiine The I1irn titie or what has
usually been called ibc right CT pre- cnption s to-
tay different thing from this all absorbing AMI over
wheiGlng right of discovery, which Georgia now
insists If single instance of such an assumption
can be produced, Lei it be brought forward Let US
con- cnpIae the circumstances in which originatcd
ann examine ITS claims to respect Thousands of
Instances en- DC adducen the ether hand of ac-
Acknowledgements made by Elm grants from Europe md
ny ru'ers OF every grade, from the highest to the
lowest; Acknowledgements, which admitted the per-
feet right OF the Indians to the pcaceabc possession
OF their country. SO long they choose to retain it,
But IT all the Govcrnm nts Of Europe had during
the three los centuries, held the doctrine now SO
~arin'y cspoused by Georgia, how utterly vain
would be cgery attempt to defend it, or to rake il
appear otherwise than tyranBcal. cruel and nforni-
naDie. Mt all The monarch5 of Europe nor all the
writer's on the laws Of nations--not all the power
and all the sOphIstry in the world could ~ or iis
character, Or convince an honest, candid, Intelligent
man, tIatI is entitled to The least respect Whit is
this doctrine, 50 necessary to the present claims Of
Georgia? 1t is neither nor less than the as.
SUMPTION that the circumstance Of an English vessel
having sailed along the American coast from Gaze
JIaiteras to the Bay Of Fupdy as the case rnioh be
gave the English KiEg absolute and perfect title
not only to the coast but to all the iueror and that
he might therefore empower any Of his subjects to