Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1830-06-25

the administration and against the south would have III
public believe To show the truth Of his We need bu
give bret summary OF the provisions OF the act i,sel
as We find il in Georgia paper accompanied bv mr.,
elamaon OF the governor 1t extends the laws of IN,
state, both civil and criminal over the Indian terr,or,
anu over All persons residing thereon, who are
subject TO the operation of those laws sin the same man
ner as other eiiizcns IL repeats and declares null an
rod ~ the previous regulations and institutions OF tn
|heroAscs IL prohibits, under the penalty of inprson
nen Tor term rot exceeding four years. any person.
BODY OF persons, from preventing any IRlians BY ab
ary force or by virtue of any pretended rule cusor
oi me Cherokees, from enigrang IL aiixcs sinila
penalty TO any like attempt prevent Indian tiou
selling or ceding 10 the United States, for the use
Georgia his interest in the land which he occupies
makes n punishable with dealt, any vi,i-s a. ,,.
Individual pretending to authority among the Cherokees
10 take the life OF Indian for enrolling his name az
em'grant, or for ccding selling his land And lastly
provides that no Indian within the Creek or Cherokee,
nation shall he competent witness in any cause I,
son reside within the Indian nation
With the exception of this last provision NO .,.r.
heni that no impartial ana candid person can fail TO Der
ceWe mat inc law consists essentially of the same mea.
Ses when nave been fouad necessary in other parts
OF Tue oh'on a morning paper, which of late for the
sake OF ndulgng in nvectivc against the national ad-
affects wonderful degree of sympathy for
c ams has the following sentence in relation 10 this
"", ~" challenge the annals OF civilized nations 10
poiuce legislative act any subject even for the
shneht oil an lnquiSiiion, if any such there be
hat VS. ever committed to writing that surpasses the
foregoing in pure, unmxed unprnciplcd TYRANNY and
oppression These bard words--but happily they
came from where hard word, arc s freovcp,Iy
used that they have los, the greater part of their force
IL so happens however. Notwithstanding the very tr
unphant and rather bullying in which the cha
engc OF our contemporary is put that il not necessa
ry TO 20 very deep in:o the annaso civilized nations
nor even to advert al all to the establishment of The In
question:, to find measure 9! similar objects and i'm
port with that whci: every mode of defamation il
made use OF 10 decry The following is copy of
law passed by our state in 1922 and will be seen
hat u contains large part of the measures ed
IN me law which the morning print alluded to, charac.
terizes in such terms of unmcasurcd apprehension:
An act declaring the jurisdiction of the courts OF this
state, and pardoning Soo-non-s otherwise called
Tommy Jemmy.
whereas the Seneca and other tribes OF Indian, re-
ling within this state have assumed the power and
authority OF ryin, and punshing and in some case,
captay members OF their respective tribes for suppo
Ell crimes by them done and committed in their respec
tive reservations, and within this state; and w..re.,
tho sole and exclusive cognzance OF all crimes and often
ccs committed within this belongs of -ht 10 courts
holden unier the constitution and laws Thereof "a NO.
cesary attribute OF sovereignty, except only crimes and
ocnces cognizable in the courts deriving jurisiic N
under the constitution and laws Of the United State:
ana whereas 1t has 3ecomc necessary well protect
the sail Indian tribes assert and maintain tho in
rsdiction OF the courts Of this state that provision
should be made in the premiscs-1hereforo,
- DC IT enacted by the people of the state of ~ York
represented in Senate and Assembly, That the sole and
ofe!uSire jurisdiction IF frying and Furnishing all
ana epcry person, Of chateper notion or tribe for
crimes AMI offences committed ,cin ann pari of his
state, except only surh crimes and offences as are mr.
may be, cognizaSlc in courts deriving jurisdiction I'M
der the constitution and laws of the United States Of
right belongs TO and exclusively is ed in the courts of
Justice oil this state organized under the constitution and
laws thereof
Even in respect TO that provision of the Georgia act
which incapacitates Indians from giving evidence in
courts oil law Preccdents be found without rummar-
ing very deep 'thc annals Of civilized nations"
We cannot afford 10 fill our columns with extracts
rom laws oil the different states but in giving the
following instances of analogous provision which
are quite sufficient Tor purpose, recommend 10 op-
position papers, before they make such bold challenges
and sweeping assertions, 10 be little better assured OF
me ground on which they stand. In VII ginia an ac
Tor establishing general Court was passed in I717 of
y" nicn one oil The sections expressly SAYS
mo person convicted of perjury shall be capable Of
being witness IN any shall any negro mula;
TO, or Ind be admitted TO give evidence but against or
between negroes, mula,oes, Indians"
The other instance which shall cite NAV he found
in law passed by the Territorial Assembly oil Tennes-
see in 1914, entitled can act to amend an act establish
lnS courts OF laws &c in the SD section of which
the following passage occurs:
"Ai negroes, Indians mua.toes, and all persons of
mixed blood, descended from negro Indian ancestors
TO the third generation, inclusive, houch one ancestor
oil each generation may have been a white person)
whether bond or Free shall be taken deemed 10 be
incapable in law 10 be Witnesses in any case whatever
except against each other.'
But whether, however, the law Of Georgia is unjust
and arbitrary not there be possible for
mixing that measure with the recent law of Con-
gross providing the for removal of such of the
Cherokces prefer TO form nation by themselves on
the fertile plains West OF the Mississippi remaining
within the limits Of State The law Of Congress is
wise and humane law and the great body of the people
view ii in that light The opposition prints which
seek TO tumble ii with the act of the Georgia gsature
with which IT has no proper natural connexion may
thereby afford themselves opportunity of repeating
few of their worn-out destinations; but except Nv
the bndest and most violent devotion of party, they
cannot hove their sophislry and nsncerity will long
remain undeteced. ". Y. Eue Post.