Litchfield enquirer. [volume] (Litchfield, Conn.) 1829-current, 1830-07-22

by Pope Alexander vi. who gave il To
the crown of Spain, on the assumed principle
that intidels were unjust poSsessors Of the lands
on which their Creator had placed Them
This grant was accepted. contrary to the adj
vice of the civilians and crown lawyers of
Spain; and one of the bishops in treatise,
dedicated to Charles the v. holds this strong
language: - The natives of America, having
their own lawful kings and princes. and a
right to make laws for the good government
of their respective domnions, could not be
expelled out Of them, OF deprived Of what they
possess, without doing violence to the laws Of
God. as well as the laws Of nations"
The English princes, though they did not
acquiesce in the right of the Pope to make
these grants, made out their commissions ON
the same principle. the distinction between
SntfdeL and christian nations. It is true. that
grants were made, charters passed under the
great seal, and the British crown asserted the
right of conveying the soil, though in possess
ion of the natives; or, as it has been some
times said, of appropriating the lands oecu-
pied by the Indians. But it was only the u1-
innate right Of property. the reversionary in
te:est which they claimed, and which they
lprofessed to have the power to conyey. II
was the right to extinguish the Indian title of
occupancy. and nothing more, which they Ell
! Their possessed or claimed TO possess. The
| Indians We're always admitted, by the
crown, to be the rghtful occupants of the soil.
with legal, as well as a. Just claim to retain
possession Of it, and to use it, according to
their own discretion" and of which thew
could not be dspossessed by legislation, but
by conquest or eession only.
/ have said, that the Indian title, thus ex-
planned, was always and uniformly admitted
by the croiUn, the colonies. the states. the old
r.. .H4... n a r
| nited States since the adoption of the consti-
tuition; and that it has received the sanction
of the highest judicial tribunal ofthis country.
/ will ask the attention of the committee to
! the proof in support Of this position.
! In 1850. the superintendent of Indian af-
fairs, Informed the Indians assembled at Mo-
bile, IN the name OF the king, that no encroacil-
ments should be permitted, on their lands:
and that all treaties made with them, would
be faithfully kept, on the part of the crown.
In Sept. 1853. by order of the king, in
structlons were sent to the governor of the
province of New York, to appoint commiss-
oners, who in conjunction with commissioners
from other neighboring governments in alli-
ance with them, should make a treaty in his
Majesty's name. with the Six Nations. 10
these Instructions it is stated, that nothing
may be wanting to convince the Indians Of
the sincerity of our intentions, you will do
well to examine into the complaints they have
made of being defrauded of their lands to
4 take all prnper and legal r1aa.hnda II. radnaaa
their complaints, and to crafty them by rea-
sonable purchases, or in such other matters
as you shall find most proper and agreeable
to them for such lands as have been un,car-
rdntably taken from them, and for such other
as they may have IA desire to dispose Of" In
June 1854, pursuant to these instructions COM
mssioners met. at Albany, from the proyin-
ces of New York, New Hampshire, Massa-
chusetts, Rhode Island, Connecticut, Mary
land. Pennsylvania, and Virginia. Hendrck,
| in behalf of the Six Nations, told the commits
sioners that the governors of Virginia and
Canada, were both quarrelling about lands
which belonged to them." The commissions
ers replied to them, and said, 1--WE gladly
understand that you gave no countenance to
the French, who went to the Ohio and have
! entered on aour lands. You did put this land
under the king our father, and he is now TIA
king care to1preserve it for you. For this
end, among others, he has directed us to meet
you here; for although the land is under the
kings government, yet the property or pow
! or ofselngitto any ofhis Majesty's subjects,
having authority from him, we always con-
J sidered as vested in you. We ever did and
: still do acknowledge it to belong to you. al
) though within your father, the king Of Great
Britain's Dominion, and under his protection ~
t A treaty of alliance and defence, was, at that
: time, made with the Six Nations.
2 In allusion to this treaty, the governor of
f Pennsylvania in his address to the assembly
: Of that state, says: From the proceedings
!, at the late treaty of Albany, you will clearly
, preceive, that the lands on the river Ohio, do
c yet belong to the Indians of the Six Nations,
!. and have long since been put under the pro-
) lection of the crown of England"
{ In April 1855. Gen. Braddock sentinstruc-
tons to the superintendent of Indian affairs
of the king in which after mentioning that
the Five Nations in 1901, had put their lands
also under the same protection, to be protect
ed and defended by the said king, his heirs.
and successors, to the use of the tribes and
!, their successors for ever, he adds, "You are
{ in my nanse to assure the said nations, that I
am come by his Majesty's order to build such
! forts, as shall protect and secure the said
lands to them. their, heirs and successors for
ever.'
: In the memorial delivered By the British
, minister to the French negotiator in I755
(June,) he says. whatever pretext might be
aIledged by France, in considering these
/ countries as the appurtenances OF Canada. It
is certain truth. that they have belonged.
, and as they have not been given up or made
over to the English, belong still to the same
, Indian nations. What the court of Great
q s,00v1