Daily Richmond Whig. [volume] (Richmond, Va.) 1828-1831, 1830-05-07
SPEECH OF Mn. FREYLINGHUYSR EN-
~ SENATE OBJ THE U. sTATEs-Apn,L 9.
(coNTtNUEu.l


ANerthe treaty of Hspewcli Ias made mud ra,i-
fcd and IN toe year 1897 the States of North Car
fna Svi Georgia ted their protests 20 Con-
l.ress, IN which they connplamcd of the Course Of
Transactions adopted with respect to the Indians, und
ili'ey,cd a night IN the States TO treat with these
Tubes, and To obain grInts of tleit lands. The
CsnSreSs referred the whole matter To n Committee
~ five, who made elaborate report that disclosed
the principles upon Which tho intercourse OF the con-
iedcracy with t,esc people founded. II is mute
IAl TO correct understanding OF this branch Of the
subject, that should advert To- limitation that
subsis'cd at mat tnue, upon the powers of the old
Congress. Pha' limitation IL contained in the fol-
loving clause of the articles of confederation
Congress Stall have the sole and exclusive right
and power Of regulating the trade and mana gng oil
erars wuh the indians not members OF any other
States; provided that the Legislative right oil any
It'd"
Upon This clause and its proviso. the Committee
p:oceed to rcport-'.In framing this clause h. par
ties the federal compact have had some def
mite bIccts vicw; the objects that into view
principally III forming treaties, managing affairs
with the Indians had heen Tong understood ond pretty
well asccrtaned III III country. The Commit &c
conceive that 1t has been long the opinion ot tile
country suppor!ed by Justice and h~WantD, that the
Iudpns have inst CLAIMS 10 all iufds occupied by and
not fairly purchased from them" The laws Of the
State have effect upon Il tribe OF lnduns or
their lands WITHIN State, So long that tribe is in
dependent and not member Of the Siutc IL can
not be supposed that the State has the powers ulcm
tioned,' Chose of making aud peace, purchasing
Ends from them aud fixing boundaries, without alb
Slrdty in thcorl nd practice For the ndiun tribes
Justly considered the COMMON friends eneU:ies
Uthe Unel S!dieS, AID no prttcutir State can have
an exclusive interest i'll the management of affairs
with any OF the tribes except IN uncommon The
Senate pc, ceve tho estimate that Was formed or
these State prctensious The Committee argue with
conclusive energy, that to yield such powers pal
ticulaF States, would not only be absurd in theory,
but would IN fact destroy The whole system of Indian
rel2tiOns-that tins divided atcrna cngniSancp of
the matter, by he States and BIZ the Congress could
be- enforced and would rcsul. III dscurdant and
tl1rlcss regulations Pho grounds assumed in this
able report are unanswerablc Tue Committee re-
Garded the subj national concerning the whole
United Sta'cs, of whom the Indians we're the com
mon friends or fues. That such a concern was too
general and public IN all It's bearings To BE- subj cited
to tie legislation and management of any particular
Stie. The Congress therefore assumed the entire
Jurisdiction and control OF it. And after this report
We hear no more Of State protests. They yielded
hc;r claims to much safer depository of this inter
csting trust SIR take leave to say, that the sound
sensible principles of Ibis report have lost nothing OF
their authority by time, and that every year of our
history has confirmed their wisdom, and illustrated
the justice and humanity of the Congress OF 'B7.
The convention that formed and adopted the Con-
sttuIion in their deliberations upon the security Of
Indian rights, wisely determined TO place our relations
with the tribes under the. absolute superintendent
OF the General Government which they were about
to establish The proviso under the old compact
that had In ambiguous terms reserved to particular
States an underlined management OF Indian Affairs
was altogether discarded, and the simple unoualif I'd
control OF this important branch of public policy was
delegated TO Congress- in the following clause of the
consultations Congress shall have power to regulate
commerce with foreign nations, among the ser.ral
StatsS and ouH. me J'tlSan tribes" an incidental
argument IN favor Of my yiewH f.l 10 strike
fc mind the face of the clause, The plea thai is
roy, fcr the first time urged against the ladi2Qs
-inci natons-that they compose portion Of the
nc,plc of the Staes-and yet in this great national
carter, the work Of as much collected wisdom vir-
ne and patriotism, as ever adorned The annals, or
shed ligh; upon the government Of any age cDun-
lry the iodan tribes associated with foreign ma
lions and the several States, Of the three dis
tHIct departments of the human family With whom
the General Government was to regulate commerce.
Strange company, truly in which to find those it now
srems convenient 10 dcnOminatc a few poor, missTa-
bic slvages that we're always the peculiar subjects
of State sovereignty, tenants at win of the sDil
and with whom /: is idle" 10 speak Of negotiating
trestiFs
There another subject deeply como cted with
this that engaged the anxious deliberations Of the
I great statesmen who composed the memorable cDn-
Tcnticn-and this was The treaty power. TO found
Illis WELL worthy of ther first and best
Thoughts. The good faith Of a nation was not to be
rndgei bat on grave and great occasions: for when
bshted, brought the nation itself under obligtions
100 sacred TO be argued away by the suggestions of
policy or convenience, profit loss. They there
fore subjected the exercise of this high function to
two great departments Of the Goyernmcnt-the Pres
ldent and Senate OF the United States. They requI-
red formaltes to attend the exercise of the power
that intended and calculated to guard the trust
from rash and nconsideate administration Bot these
requisites complied with, and treaty made and con-
Guided, no retreat from its claims was provided or
desired By the Convention. No, Sir. 10 sbut up
every avenue Of escape-to compel us to be fhthful,
Treaties" declared by tho charter of our gov
eminent, "o be he supreme Ian Of the land any thing
IN the constitution ItOS " ny State to the contra
~ Notwithstanding" How could the inyiulate char
acter Of treaty be efectuGlly preserved? Let
convusions gitate the eommonwenIb-let the strfes
Of party shake the pillars Of the political edlfce-
around the cations faith barriers raised that may
smile at the Aud, sir If these guards fail; #
these defenccs can be assuiled and broken down,
then may we indeed despair Truth and honor have
citadel on eaTth-thcir sanctions are despised ans
frgouon, and theaw Of the strongest prevails
lr President, fear that sha oppIess the patience Of Oh,
Seale by tedious deiaIsbu ihe subject is deeply In
eresng each year oou political history bring
fresh aud soug proofs OF the sacred estimation Away