The Rhode-Island Republican. [volume] (Newport, R.I.) 1809-1841, 1830-05-13
SPEECH OF MIR. ROBBINS.
OF RHODE ISLAND.
IN SENATE UNITED STATES
APRiL 81, 1880.
on THE INDIAN QUESTION

On THE LNDLaN question:
The bill to provide for an exchange Of
lands with the Indians residing in any of
the States or Territories, and tor their re.
movel west of the river Mississippi. being
under consideration, Mr. Robbins of Rhode
Island addressed the Senate as follows:
Mr.. President: The whole argumcn, in
favor of this bill turns upon the question,
whether the Indian nations within our ter
rltorial boundaries are competent 10 make
treaties with the United States. For II
makes no difference whether the Indian
nation be within the chartered limits OF
State, or out Of those limits If within the
limits Of the United States. For II being
within a State renders the Indian nation
incompetent 10 make treaty, the beng
within the United States makes them
quslly incompetent, the reason being the
same in both cases-.namely, the being
within the jurisdiction of another powers;
aud therefore, as the argument is, subJecl
10 that jurisdiction.
II these Indian nations are competent tc
make uenties, then the proposed law Is un
necessary; as its objoci may be effected BY
treaty; aud this law Is not necessary 10 alG
the Executive in making this treaty. And
| II these Indian nations are competent 10
make treaties, then this proposed law is
not only unnecessary, but II ~ unconstltu.
tlonal Tor 1t Is To make treaty by the leg
lslatue; which can only be made by the
Executive and Senate.
The turning question, then, Of this whole
| debate, ! repeat is, whether the Indian
nations within our territorial boundaries
are competent 10 make treaties.
Before proceed to discuss this question,
have TO remark, that II is matter Of sur
prise that this question, should now be made
when il is now made for the first time.
From the time of the discovery OF this new
world by The old, down To tins time. now
more than three hundred years, the compe
lency of an Indian nation, situated within
the jurisdiction Of another power, has new
or been made question before: Nojurist,
no writer upon public law, has ever made
II question. But through oil that long
tract OF time, treaties upon treallos, and nj.
most without number, haze been made with
them, without doubt, in single insta nee,
of their competency TO make them. This
is not denied on the other side; indeed it
is admitted that the doctrine aud The prac.
tee OF all past time, for century upon con I.
tury, has been, to consider these nations,
thus situated, os competent to make uea.
ties. But oil this is tresled as # the whole
world, from the beginning down to this time
had been benighicd upon this subject; as
# they had ignorantly supposed and be
liCyed that the Indian nations, thus situated
were competent to make treaties, when III
truth they were not competent To nuke
treaties: That Great Britain had been ~
this deplorable state Of ignorance, with al
her statesmen; that our governments, both
state and national, had been in this dcplor
oblc state Of ignorance with oil their states
men; that the jurlsts or writer's upon public
law, Of all the world. had all been IN ihI'
dcpIorablc state Of ignorcncc. ] say St
created; for do not perceive that thus ne"
opinion - advanced with Bny less conf
dencc, or with any more dldidcnce, on &C
count uf that mass Of authority and usage
agnpst it..
have further 10 remark, that if indce(
It be so, that these Indian nations. thus SIT
uated, are not, and have not been, conlpe
tent to make treaties, then oil the treaties
made with them are rulltle II so, TIC
consequence OF that consequence would be
enough, ] should think TO make gentlemen
pause IA litlle, md even fear the success o
their own arguments; for the consequence
would be- such that the whole body of tli'
rights acquired bg Indian treaties, or hel,
under them, or derived from them wOult
be torn from their foundations, mud The re-
sultng evils would be incalcuobIy great
have SAID that ~ that case these treaties
would be nulIiles, md who can doubt 1t
The President and Senate have The power
10 make treaties; but o treaty nude with 4
party not competent TO m0ke u, II not O
treaty; il is compact as dIslIugulshable
from a treaty and the President and Sen
ate are not competent To make compact
which IS not treaty; so that every suc'
treaty is void. as treaty, because the In
dian nation Vas not competent TO make !,
and II is void as q compact, because ih'
, President and Senate are moi competent |,
make il.
flhs be so. my honorable friend from
Tennessee need not disqulet hImself upoI
the subject Of his contradictory obligations
for. upon his doctrine, these treaties hav
created no obligations upon the CnItc'
States.
Again: have 10 remark that ifthese In
dian nations, thus situated, are not compe
: tent 10 make treaties, no more treaties col
D be ,nsde with them; that the treaties whIcI
have been made, aud not ratified, II an.
. such there be, must be rejected; treaiIc
n whichhsve been protested. for The pnrchss
4. and ex,ingulshment of Indian ,itles, as ,ha
IN Indiana for instance, must be abandoned
We are to get no more lands from then
by treaty; If you are TO get them at all, yo'
are 10 get them by compact, and this com
5 pact. TO be made. no, by the Exec uiivc nn'
Senate, bui by the Legislature. Ard pray
how is The Legislature to make such CON
osc,; 4, would mo-, be possible l. think, Il