Daily Richmond Whig. [volume] (Richmond, Va.) 1828-1831, 1829-09-09
FroDs tts George Jovraai, dug. 80.
RIGHTS OF GEORGIA.

IL.
present limits, Is undeMable II rcmsias for US To
establish tho facts. /. that previous and after the
adoption OF the federal constitution, the state of Geo
ga. nor any other state OF the Union, never relln
pushed, either by treaty otherwise the right of
soil to lands within its limits, occupied by lndan
tribes; 2. that in the articles OF confederation. and
the federal constitution, no power is given, either
expressly by implication. TO the federal govern
mcnt, To exercise sovereign jurisdiction over the
lands occupied by Indians within the limits Of any OF
the states; B. and that in no law or treaty, cmana-
ting from the federal government, the power in
question assumed. With regard to the position Ia
ken by the writer's i'll the National IntellGencer and
other papers, that the Indian nations free and in
dependent, we shall offer one remark upon IL, it's
aDsuraity Is sufficient for its retutation.
II.
In The articles confederation it is declared, Tho
United States in congress assembled shall have the
sole ana exclusive righ; and power OF regulating the
Uaue aud managing all affairs with the Indians not
members OF any OF the states provided that the leg
slativc right OF any state within its limits be not
lniringcd or violated" The congress of the United
States never departed from this provision in the ar
ticles OF confederation II assumed any right
o. soil and jurisdiction over lands occupied BY the In
dians except after cessions were made by some Of
the states, ofpar of their territories for the and
benefit of the United States. TO show the business
OF our position, shall quote from the proceedings
OF congress- relative 10 the Indians which shall
add no Comment, the reader will he enabled
himself TO draw correct conclusions without our as
sStancc.
/ Pennsylvania desiring to obtain land occupied hy
he Indians within her territory her Legislature N
pressed itself tis. in melnoria, 10 Congress dated
September >. 1893.
| The custom of PENNSYLVANIA has always been ~
purchase the right o. possession from the Indian r1-
tons. rs being consonant TO Justice and less ex
penslve than force. This, however, cannot be done
without some convention or conference with the In
dams for that purpose. Although this business may
be said strictly to regard only the internal police OF
Pennsylvania and the conference proposed does no,
extend to any description OF men without the limits
OF the United States. regard of the great OBJ
lects OF peace or war. yet high respect for the
confederation determines US TO lay open the whole
design ct the state To Congress. Sensible likewise,
as we are, that the whole expense of this particular
business must rest with Pennsylvania"
! On the 22i September, 1898 n proclamation was
issued by Congress, prohibiting aud furhd.ng all
persons from making settlements, on lands inhabited
or claimed by Indians, 'rittcm The limits IF iuisdjc-
ton ofany particular state" &c.
On the 18th October, i7J3 the committee of Com
gress to whom referred sundry letters and pa
pers relative 10 Indian affairs, reported ,lat COM
mittee should be appointed, with instructions To pre-
pare AVID report ordinance for regulating the In
dian trade, &c provided that tc measures of Con-
gress reare 10 f'dia affairs, saiI nat be construed
Ia effect the territorial cfaBis o ana If The s1fes OF,
"e.r teSsfatee rights ,ritbn hei, rspectire limits"
On the TIN August. l736, ordinance for the res
gaticn OF Indian affairs. was read third time aud
adopted In the preamble Of this ordinance it is de-
ciared provided thu, the legislative right of any
state within It's own limits DC not inifnged or yio-
lated And IN the last Clause, ii is ordained. "that
In all cases where transactions with any nation or
tribe OF lndIans snail become necessary to the pur-
poses OF this ordnance which cannot be done with
out interfering with the Legislative riubs of state
he superintendent IN whose district the same shall
aappen shall act in conjunction with the authority of
such state"
We could produce authority, to show how
careful was the Congress of the United States in all
measures relative TO Indian affairs to abstain from
NEEDING with The rights of the states to their SOIL
inhabited by their own white citizens or bv Indian
-riocs And We could stop here. having as we con-
ceive, sufficiently ref'ed the arguments advanced hv
he New York American and the wIiter in the Ma
lonai intel!igencer But we shall examine the sub.
ect, very succnctv, from the adoption of the federal
IN 1859.
iii
In the federal constitution it is also declared that
Congress shall have power TO regulate Commerce
With the Indian tribes" and that the powers not
delegated to the United States by the constitution, ;
nor prohibited by it the states are reserved 10 lilo
states respectively, or TO the people" Il
rs the power t0 regulate Commerce does no. e,iyc
TIght OF SOL, u would be absurd 20 imply that the
power 10 regulate commerce win the Indian tribes
gave to the federal government he soycrciGn, ove
the lands occupied by tic Indians within the Efs oC
the states 1t this construction is correct il results
then that the states possess since 1852 as thev dil
before ihat period, tie entire sovereignty over their
respective territories, as defined and oekno,,l.dl
by them. II the states did not delegate the sovsr.
clgn power and right OF soil over the Indian lands
within their territories they have reserved those at
tributes to themselves, because the powers not dele
gated are reserved to them.
The Congress of the United States since 1885.
never did pretend, by any act to the jurisdiction So
veTegnty and right OF soil of the Indian lands with.
IN the rIts OF any of the states Tie United States
own lands IN Alabama and other states but they own
~ by the same tenure that other individuals do la
the act OF 1902, regulating trade and Intercourse
with the Indians, and for preserving peaco ON the
frontiers nothing Is provided Tor bu, what the title of
tic act Indicates Congress had power to pass ,lch
. law and nothing more; that body never pretended
by regulating trade and intercourse wI,h ;be Indians
appointing agents &c. TO assume The RIGHT Of soil in
The states where Indians resided and still reside: and
IT IS not expected That they ever viii assume that
stiution and against tic powers which the states re-
served 10 themselves.
TlV.
Upon the authority OF treaties orr opponents RELY
mainly for support We can prove that this support
IS as weak as the arguments they have advanced TO
show the sovereignty Of tic United States over Inc
the soil Of Georgla.
Treaties have been concluded bv tho Irri,od S,,,,.