Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1830-12-09

tribes occupying that part OF North America hch that
srsssd over the Indian tribes is vested in tho ats OF
Georgia, and may be righfully exercised. II is MOI
the duty, nor Is IL the intention Of this Cow TO
enter Tito vndication OF the rights exercised by the
itch crown, ever the iudian tribes; but 1t The ques-
'ion Ia cniisrsd UPON irv s,igstion. doubt Is
enrrai cd that The piicy adopted by the British own
towards The l1an tibes, uisLt he vudca;ed hy rea.
Ca. souid mosaIi'y, ani religion But tbs whole
q9"stoo j. ally ei"" lated in he deci ion # the Sa-
proms C"ur, In the case OF 'hnson Us. Mcin,osh,
Whratoh's R-pofi, 5i3. part OF uhi mis- Convention
Will habscbe iaio this 6oSisiDn. Alter stating that
al rovey gave To the discovering nation an exclusive
rish 10 TIE country discovered. as between them ami
oher European ma ions, the dsri.ion prcce Those
rss ieos which were 10 EXIT between the discovere
a,'d M~ natives, were TO be regulated by hsins, Q,
nS ilsAw mu. a'q aired being sxciu'iv.. no o'her
power could inerposs between them Ia tho etahIi h.
nn oil Weee relations, the rights Of tn, original H..
haVan's were III no isstsrcc entirely 6isregarei hu,
w w ne"es sr'y !" consider Bile cAent inpNircd.-
tney were s6in''tej to be the shiu occupants Of the
coll with 'sgal. weli ls, claim 10 r. tain ro,.
session OF H. aud 10 use 1t according - ss deere
on out tbeir rSlts 10 complete sovereignty iue-
pendent nations, were necessarily dGin sd and thsi.
power TO a-p"ss Of hs soil 10 whom osv.r they pl.a.-
eH, was d~ned by the Original insin ntal principle
NAT discovery gav- exclusive Il |, 20 hose who made
~ While lilo different nations Of Eurcp re spected the
right OF the naves orcupaats Uiey asserted ard
claimed N Ultimate dominion in themselves. aud ella m.
anu cx"scisst, consequence of this ulima ate do
mon, power to grant the SOIL while ys, in posses
10" al he natives. These grants have be ,onsJ red
ny s I" convey lille TO the grantees, subsct only to
/
iron" '' Ill cove;y 20 the present day. proves we rhink
t'e universal ,cosui ion OF theie principes''
hlsr giving the hIs o'y OF various giants by Grea,
britain France aud Spain. TO lands in tie occupancv
OF ln ian uiAcs, Il sdi. Z" Thus all the nations Of
Europe, who have acquired 'crri oy in America have
assertad in ths lives anil hays T.;
the exclusive right OF the scovere to appropr,ts Tho
lands occupied by TIE ind!aus." Have The American
, %e, r'j.c Ell or adopted this principle. The deci.
SION then proceeds TO shew tia, The United State. have
adopted the principle, and acted upon II far az ,b.v
have acted The OPTION adds a. The United States
,hen have nneqnvoca''y as'e,ts TO iha, great ami
broad rule by which its civilized rb abi,ant, NOW boi
This country. They hold ard assert in themselves he
Tile by which II wa acquired. They maintain As
Az o'her. have maintained, that Iii covery gave an .x
elusive RICH, TO sx'ingu the Indian lille 10 occuran.
cy, either by purch se or Y corqrot and rave also
fisht to such degree ,ovtrrign'y an tho nee
pie PIE w1"'i allow them to exere'e." Again, in page
OIL ms cecsion proceeds Ho vover cStrayaran,
the peeosion OF converting tho discovery Of an inha.
ted country into csnqrost may appear: if tho pinci
We mas hse asserted in The first instance and al
s"',ane'; ~ country has been held and acquired
under - II the property OF the great mass of the com.
muey orleinat's IN II. 1t becomes the law OF tho land
aDu canuo' be questioned So TO viii us put to the
eorconi'ant principle that the Indian inhabitants are
to be con idered merely occupants TO be protected
,ueed while III peace In tho possession OF their lands
Iu. 70 oe deemed incapable of transferring the ab,o
'u's his 10 DINERS. However this restriction NAV he
opposed to natural right and to the usage, Of civilz
naion', yet IL be Indispensable thst sy, tenn under
which the country has been se,tled and bs adaped ,o
NC actual condition OF The two people, II may p rhaps
he supported by ress n, and certainly cannot be re-
I-c'ed by cour's OF justice Th. question is not new
! 10 This Court. The case OF Fletcher 10 pacL K
Crdnch, 81 grew on. # sale nade bv the y ,,e of
Georsa, o large tract Of country within IN, I;m;,
'Sa D ate, ihs grant ct which afterwards resum
ID The action was brought hy a sub. purcbasar nm
tho contract CT sale and of the covenants ia ,bs
deed was, that the ate of G.ergia was at ths fine o
'-e seized IN lee OF hs premises The real Question
pe'eftt d ny the Issue was, whether he zing i'm fee
was ia the State OF Georgia or in the Uuited Sate, Az
Ter stating that q il controversy between tn, sevst,
States had heeu con- promised tie Cour, tbugh, 4, ~
| lC he Ind. flo ;ct
sdio the respect of all Courts, until il, should b, Is
ultimately ex'ingushrd, declared not to be such a.
of tn STAT" " Wv ''
In edition 10 the lrecedrg auihor;i4s tendir n 10
shew mat The Indian irih?s found ~ 4 HsESa YSlh2
moi De considered sovereign Safes. Two other facts re-
suing rom tie leei-iation Of III. Ured States vo IN
ne brought into view-ls'. The Constitution of the
United States gives to Congress power 10 re- n,a.a
merce wi'h foreign na'oas, among the several States
ana win the Indian tribes. In exercising the IN "a,
rAttot this grant Congress hav, prescrbed rIIe, on
regulations, with which foreigners must cor,nIv ,vhe
'ney come TO The ports and within The juri.dciion
o. 'is United State. Al sovereign Sa'es have ex.r
ci'ed the same power in tho same way But yhpr
CcneresS eSe'ci the latter pc YER viz: ths novar
,iahe Win the lrdian tribes, the law direct.
now me citH.ns OF The United States shall conduct TO-
wards The Indians, and how the Indians shall bshav.
'ne". nee IDS dltference of conduct under the
sane grant OF powei! Bscaus. III, subjects Of r.
Iopsan hngdoHs Who came into the American potta
10 trade, are component parts of sovereign ard md
peUd'n States, and the ndiars whose ;rade "a co i
not sovereign States. ~ ''e
I'll The Constitution OF the Uni,ed Sn,es gvss D,
congress the right If declaring war Prasients WI
mg'on, J~neTeoo, NJ allison aud Monroe Zach yyagsd
W"t."in me Indian, tribes yet the statute book of ibo
Oh'eu oiaes contains not single dpclaraon a,sins,
an iHd"n Tribe J. il conceivable that the two Uo,,so
OF CrnSes' Would have silently acouiesceJ in n, ,ur
patton Of 'heir rights by the Executive Dep,,nent If
he Indian tribes had Teen supposed 10 he fine ,,oa
o'Jects ot declaration OF war? They mutt have 20,
Juused improper oil ieCtS of declaration If y,- on,,
because 'hey were held not 10 he .oversgn states In
"eep 10 oiuhcult TO conceive how any person who has
uthnis idea oil what constitutes SOVEREIGN state "a,
nave come 10 Inc conclu'ioo that the Cherokee sio,
:. sovereign and indP pendent s,ste Bv tbe CO.. ~
John'on w. McIntosh, and Fletcher Va pei IT,
neen determined by the Supreme Curt Of the UniteI
States, that no tile 10 land be derived ram r.,
immediately 10 an individual, aud that state il se, al
I'D lee oil all lands within its chartered limits noUib
standing The land may he in The occupancy of the TO-
"Ahs' anu mat such grants good add valid and can
nor oe questioned In courts II law Counsel in sumner,
o. the plea to the jurisdiction admitted that m Cher
k-e Indians could not alien or traD,(pr their ,nI a., 49,
out 10 tie state OF Georgia tbs u led State
their use, but seemed 10 suppose This Limitation NJ ia
sovereignty was the result OF treaty stipulation Tbi,
mistake No treaty can be found 10 which any In
dan Tribe has sgreed that another government shoud
oe auboIised 10 alien and transfer It's territory TIL
'na 'ie STATE OF GsoreiA sized in fee ell
me fazoo iand', was not the result of anv trsat,
the gal consequence Of the right acquired bv ne f.
iopesn nations upon their first discovery of an r,r,
TIE American continent. Vauel, D. IOI ssvs 0W. 4, |
not therefore deVias rom the views Of nature i eor
ming the Indians within the narrower Iimi,s-U,wo
FeF we c"nGot heip prasng the moderation If tn n
gsh puri,an5 who 6r-t settled 10 N " EngI,pJ .h
not"hsianding their being furnished ~ etari,r Io
their sovereign, putcbased Of the Indian. The Land q,
which they intended to take possessio, Thi. t.,,,