Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1829-09-15


whether the reApnn,sot Indian tribes within the limits
O. several of theS belonging to the concderacy
shall be trsa;ed with Justice and humanity-shan be
taught the arts Of civilized life, and the principles of
Chrstianity. shall be unjustly and wckcdly strip
ped OF their property forced back the wilderness.
and, in the end, eXtcrminatcl. This is simple and
unornauen'ed, but in view strictly correct eX
iiibtrn of tine subject That the attempts of those
who Interested Ill accomplishing this gross injustice
to these feeble, dependent and defepceess beings,
Viii finally succeed, VIC have strong apprchen-
SONS Indians have been So long considered and
treated as mrre savaSes, unable to protect them
selves, and otIe of national regard that tho force
Ct habit often leads of principle tt, view
them species oc human outlaws, having no right
II complain Of any treatment they may receive from
white men, and Christians, however severe, AID
however UNJUST. Tho nation c. large, on this sub
icct, appear to be somewhat like the people ofa re-
gion where SLAYER cNists-insenslbe to the calls OF
humanity, and too much accustomed to of cruel
~ and tyranny, to BE- shocked, disturbed
t'eif occurrence. Nay, we are too apt to feel as
The species OF injustice which under consideration
in large community, will be divided INTO such small
portions, TINT siurlc individual need to hesitate at
encountering his own share OF retributiun.
plain statement OF the of one two tribes,
without attempting the others. will bring
the matter to the understanding of readers i'll
c"ara light, that there possibly be any mistake
with regard To lis merits The Cherokees and the
creeks own and possess large tracts ofand in the
OF Georgia. 4 great portion Of this land is of all
excellent quality, and 1t has been held and possessed
by thegc tribes, man knows how lour before h,
certainly since t.c settlement of the country bv
white men. Tncir title has never been purchased
either BY the state of Georgia. or by the United tates
OF course, 1t is just as ieagal, and just valid now
as 1t was when Columbus first discovered this west
trn continent. The Indians refusing 10 sell IL notl,
ing is clearer than the fact that obtained at ALL
either by the state of Georgia, by the Uuired
States, must be doue by force, or fraud However
unwilling men, acting under the Government of eli
ier OF these communities, may be this con-
ulon we have not ingenuity enough see how they
can avoid it. We know of no other mode of oh; aim
n Other lo,sp .,,I
inclined to part with, and against his consent And
though among great political bodies, softer name
1hly be found To describe the bv which the Indi
ans may DE disposscssed of their lands the act itself
vii! eventually settle down into measure Of fraud
force
But an idea prevails to gree ter or less exior: in
the country that because the Indians do not nclos.
"a cultivate all their lands therefore the lands are NOT
tners we nave once this reposterous as well as
injurious suggestion prohiuged III high official docu
ment, graveiy com n'inca ed to legi ;lators and
punished to the country and the world, as the o.
p.ion of at least individual, occupying the hipt-
est station In the republic. In newspapers it is al
most daily repeated; and that bids far to become
the basis OF measures OF the highest importance to
the welfare of the Indian tribes, and the character
on our nation "A consider" says newspaper writer
IN the New ork Observer of August 29th 1929, "a
mere Indian title thing of very little import ance
III 500 naked savages have roamcd over 900 square
miles OF the earths surface, pursuit of game does
this create IN them such title to possession and
sovereignty, as excludes all other persons from usnr
1t as their necessit reGn-e2 In my view neitbeT
Common sense, reason, the law of God reou;re
any such estimate TO be made of the natter thay |
Ike al other men, have undoub ed right to such
lands as they have enclosed cultivated but TO |
more than this, no other than common rr,t with
the rest OF their Species and much of TIE difficulty
of the present matter arises from orr annv;,,r ,ba
conventions! rules Of civilized society to the crcum.
stances OF savages, and considering those rules |
which In great degree are conditional, as moral
maxims Of universal application"
If this writer does Not understand "the Law, ofl
Cod any better than he does <sthc conventional rrlcs
or civilized society" it would become him to trans
fer his iucubratons from religious aeacsDape,, ito
the Washington Telegraph or some other of a sim
liar character, if he find one equally removed
from the influence nj that law and the application of
the moral maXiins of society. They Certainly make
but poor figure among the efflsions of pietv and
CHARITY, which are expected to be found in the New
York Observer.
II consider" suys this writer, who makes use of
The signature OF Blayhew, 81 mere Indiqn title as
Ting Of Uery little importance" So does Governor
Ironp, and Governor Forsyth and Mr. Secretary
Eaton, as We are led to conclude from the language
made use of by him to the Cherokee daepation.-
ANA the reason Mr. Mayhem gives for this notable
gai opinion, viz that because it is neither enclosed
nor culti"n ed their title fails worthy of pecuar
regard, Who owned the lands of this county when
christians first landed upon its shores2 Was it not
inc property of the inhabitants? w no were those in
iab;tants' Were they not Indians? Was the land
enclosed or cultivated,
But we will cndeavor tgtost the soundness of this
new principle respecting gre tenure If rea ESTATE Inv
examples nearer OVID times. 'The princiuIe nd
Fanced by Mayhem, and Which he seems to think har
monies with The law of God as well as that Of ron
son and common sense, is, that the Indians have M
right to any land than they can fence about and
cultivate. Now the laws Of God, the law of reason
and common sense, and the law of the hnI nre in
perfect agreement on subjects Of this sort The doc
irne which they all teach is, that Indians and all 9TH
or persons have perfect right every thing thew
own. Neither fence, For a field OF corn rive y
man title to his land; they necessary to tho
completion of his tiile lille may DC as pcrfect n
wild, uEcuttvated uniencGd lands, rs To n bui;din
lot IN the heart Of this city From year to year for
many years past, the government of the United
States have been engaged in selling the lands beIono
ing TO the nation in large quantities where there
jIeitier fence, field crop, inhabitant-no NOT
even squatter. These lands 10 purchased bv spnC
ators, at profit. 1t is often the case tbot thew lie
on hand not indeed as long the Indians we own
cd and occupied tlCrs. but for vnnrs r,nrlnnr err