Litchfield enquirer. [volume] (Litchfield, Conn.) 1829-current, 1830-07-29

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.,,0s;stent with il ,for by the same constitution
Or Is provided, s'that all treaties made or which
.sh.,i ne made, under she authority Ofthe v.
STATES. shall be the supreme law of the lanO,
and the Judges inevery state, shall be bound
thereby, any thing in the constitution or laws
Of any state 20 the contrary notwithstanding"
Ia pursuance Ofthe power thus given. what
~ least are cuIled treaties, have been made
With the southern Indians. shall endeavOr
fo show that these treaties, or by whatever
name they may be called, contain provisions
which exclude all legislation over them ny the
states. within whose chartered limits they are
located: and that these treaties are I" the SUI
preme law Of the land"
The treaties with the Cherokees are those
tn which I shall refer, for it Is from them we
have had memorials soliciting protection from
the legislation of Georgia, and those made
with other tribes contain similar provisions.
4 That these treaties in terms, and in the
fullest and most solemn manner, guarantee
to them. forever, all their lands not coded. is
admitted. Any legislation, either Of the u
piietl States or the States, which would de-
Drivc them Of their possessions, would, ct
course, be an inlraction Of these cOmpacts.--
NO such legislation, (if the treaties are valid,)
,,hich would produce this effect, directly or
indirectly, can be admitted. These PROPOSE
tions need no illustration nor argument to
support them. RAJ. =.
But not only is this species Of legislation
prohibited, but legislation in every form, and
for any purpose BY the states,i equally pro-
hibited.
The treaty Of Holston, July Q, 1891, was
tho first one made with the CherOkees. after
the adoption of the constitution. and the sub.
seQsent treaties ara considered and declared
a N..s- 6. Ont sNRk 10
streaty. Let me now ask the attention of the
committee to several clauses in this treaty.
THE Cherokees ere placed under the pro-
teti,O;. &C the United States. and OF no other
sovereign whatever: they. stipuiate NOT 10
hold any treaty with any Individual s.ate.1
THE United States are vested with the sole
and exclusive right Of regulating their trade !:
thew NAV punish at their pleasure, any citi-
zen of the United States who settles on their
lands all persons are prohibited from going
on to their lands without passport; they
shall deliver up offenders guilty Of certain
speciGed crimes against the citizens Of the "
.nited States, to be punished according to the
laws ofthe latter and offenders against them,
.,hall he punisl,ed 40 though the crimes had
heen committed within the territory and ju-
risdicsion of the United States. And by the
5th article of the treaty Of Hopewell. which
In 1890 General Washingt0nAd declared Was II
full force. and the provisions of which he tel
bound 10 carry into faithful execution. the
Indisae are Admitted 70 have the power to
MI b, at their discretion, and IN sucn man
neiSas they please, those settlers upon their
lands. who shall not remove within SIX
months after the ratification Of the treaty.
In the face of these treaty provisions and
recoenifions. can tho states legislate over
them? Can they exercise an authority over
them, even for protection. when that power 10
conRded TO the United States? And what
does protection imply Merely security 10 the
enjoyment Of their lands? This term h ge's-
eral and applies to all their then existing us''-
ges and customs. 1t is 10 be protection
against all who attempt to intertneddIe with
them they have ahjured the protection of
all soyereignties. bpt the United States to
them Is cOnRded the right to regulate the
trade with them; to them, offenders are to
be given UP by them, offenders are 10 be-
punished. And the United States bind them
themselves to observe all these stipniations.
How 10 II possible that state can enact a law
which shall operate, In territory guaranteed
exclusively to the Indians, and over comrnu.
nifty, whose relations are declared to exist only
with the United States, and whose tocdI juris-
dction 10 admitted by these provisions, to he
AXGluStVG Vi SWU sSoCsuh 0wsStHtssS"S 1855
now Ia what light are these treaties 10 be con-
siderpd with reference to the character Of one
Of the contracting parties? Do they, or do
they not imply and admit, the Indian tribes
10 Dc independent Of, and not subject to the
contral Of the states and do they possess
any binding force? .G
y Let us attend to the language Of General
Washington ON this subject. On the 92d 81
August, 1889, ne came into the Senate Cham.
Der and asked the advice of the Senate, a
mong other things. on these two points; I" shal
a solemn guarantee" be- given, "by the Uni
ted States to the Greeks Of their remaining
territory, and to maintain the same, IT neces-
sary, by a line Of military postsl" "Ifall Of
Gers should fai to induce the CrRekst0 make
the desired, cession to Georgia, shall the com
anissioners make II ain ultnaatum !" To the
first question. the Senate answered IN the at
firn1aiive: 10 the second, In The negative
On the nth September, l789, General
\ Washington sent message TO the Senate, IN
which he states, that "it 10 important that
alltreaties and compacts formed by the U0i-
ted States with other notions, whether civili-
xe{l or not, should be made with caution and
executed with Gdelity." After speaking OF
the practice az the United States with Euro
pean nations, not TO consider any treaty rs
conclusive until ratified, and suggesting that
the same course would be advisable Ia rela-
ton TO treaties made with the Indians. ne
asks Of the Senate their opinion and advice,