Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1830-08-20
SPEECH OF Mr.. sToRRs OF n. Y


the Administration appear to have conceded to
Georgia tho right of sovereignty and soil which she
CLAIMS IL the report of 1927 the Cherokees and
tnelr lands, under the impression that such was
the operation OF the treaty of 1888 The Secretary
OF War has placed it on tina, ground, and assumed
IN that respect, the principles Of the Georgia Report
" nave never considered the treaty any thing
more than the Acknowledgment of our Independence
and we took the rights of the Crown by accession.
The King admitted that he treated with us Us DOW
or already independent. He granted us nothing of
our sovereignty He merely relnquished for himself
and ms successors his claim to the governments pro-
prety, and territorial rights over the country We
do not claim these from his gift. Yhe treaty took
no such form. We became independent iii fact, in
17T6, and oar national capacity came into existence
ot That tne We were then al liberty, US an indie
pendent power, to adopt any policy assume any
principles we believed to be just regard to the In
dian nations. 1t s too late to inau whether we
might not have begun differently We must be
bound now by she system which fact adopted,
and our inquiry should be know to what principles
of public law pledged befbre the world ard in
good alh to abide by in orr conduct towards the In
Clan NATIONS. w nat doctrines. then, have been
sumcd-acknuwedged Observation-Disclosures and
acted upon for almost half century part and
trusted TO by those we have dealt with? Before YOU
made the treaty of 1888 you had acknowledged the
qualified sovereignty of some of these nations. In
WIS we guarantee to the Delaware nation sail their
territorial rights, in thofullest and ample man
nef as 1t had been bounded bv former treaties The
treaty states, that the article inserted 20 obvnte
the false suggestion. which our enemies had by ev-
cry artifce In their power. inculca,ed upon oil the
Indians, that the United States intended to extirpae
them and take possession of their country. In the
treaty OF 804 they We're ackno ged be the or
gnal proprie:oE and you then admitted them to be
the ''rlghtu owners of the lands there referred to
An arrangement provided. soni, of yonr
treaties, for allowing the Delawares and Cherokees
deputies to the Old Congress could refer You to
treaties before and the treaty Of 783
which conclusively repel the notion that the Indians
were transferred to serfS of The Crown Ii
tranfI h,a .l>,,ol 81, 90.
them or Gtieth par of them. They include almost
every Indian nation within the States The Old
congress acted throughout on the principles which
have stated. The Constitution hos put to rrst
question which arose out OF the power of Congress
under the Confederation, and shows how largely 1t
was intended to yes, the management of the Indian
affairs IN the new governm" Ihe articles of con-
federation had narrowed the power of ssrepulatnn
trade and managing all affairs with the Indians by
conhning it I'D such as were not members of any of
the Sta and providing that the legislative rrnt of
any State within its own limits should be infrin
ged Or violated The Const uon omitt ed these res
trictions Mr. Madison, in the Federallst speakinr
OIL this point says
'''Phe regulation OF commerce with tho Indian
tribes rs very properly unfetered from tw Iinta-
tons In the articles of conedera which render the
provisions obscure and contradictory The power IS
there restrained to Indians not members of any of
the Slates and Is not to violate the legsat right
OF any State within its own limits WHIT descrip-
ton of Indians to be deemed members of a State
is not yet settled and has been question OF feouent
perplexity and contention in he Federal ccuncis-
And how the trade with Indians, members of
State. yet residing within it, Legislative ,urlsd,ction
can be regulated by an external authority with
out far intrnding the internal rights of leglsa
Gon IS absolutely ncomprehenaible. Yhis is not
the ouiy which the articles of confederation
bave hconsideratey esdecyored to accoE,pl,eh I'M
possibilities; To reconclie partial s0vcrelgn,y 10
the Union, With complete sovereignty 10 the
States; to subvert a mathematical ar,iofa by taking
away part and letting the whole remain
10 hay
TO the United States from the Crown. was naked
right nt presumption to wla called the Crown
Lands. speak sdvIsedly wheu / say. hat the u.
States have solemnly and deliberately admitted It
Vhs question lally examned by TIL govern
ment almost forty years ago. and We stand pledged
IN such express terms 70 the Indian natont on this
point, that lips sealed They Ian stow YOU
case their part thai defes all cavH aud all crit
f@sm l know that this is rong language but have
measured my words. know we'll the exten of
what say, and what pledge myself to show in
saying what do. II is not thoughuess pledge e.
it shel be redeemed by proof from the archives of
your own government, which all the subtleties of In
geuuiiy cannon evade, aud which will aupiliate TINT
learned and labored hypothesis which the right of
the Indians have been denied by this adpinist fa ion
and IN these halls. invite the attention of nentle-
men to the papers which be produced on this
snJect- and should b. grat6ed to hear what an
swer Is TO be made 70 them.
Before Gen. Wayne moved with The army in 1903
t7en ~ ashington determined to make one more eff,
fort for peace with The Indian nations then confeds
rated against US. The Cabinet was convened and
the whole subject of negotiation was laid before
them The question as to he rights of the Indian
patioes was there delbe ately examined and the o.
pinlons of the Cabast were required by the Presi-
dent In the first place, Nr. Jefferson has furnished
US fully with his own opinion in the late publication
of his papers.
February &c. 1893
First question. We vere oil Of opinion that
tao treaty should proceed merely to CRAFTY public
opnlon, and not from an expectation of success
Second question. | considered our right OF pre-
cmptioB OF he lUdan lands ne, as amounting to a.
ny dominion jurisdiction or paramount slip what
over, bot merely in The nature of remainder after
the extingushment Of present right, which gave US
no present right @hae ever, but of preventing other
nations from taking possession and defeating our ex-
pectancy; that the Indians had the full and undlvi-
dcd sovereignty as long they chose TO keepIt and
thai this might be forever; that fast as we extend
rInhts by nurchasn ilern sn fns nzc nrtord