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

that they have not been consdsred iesa, oiisct of
declaration Of II has also been shswn that by all
tue departmen OF the they have bee
tr aed sovereign Independent state In tho regula.
ton OF its COMMUNICATION any futt Their evidence be
OH eta Of the treaty making power! presumed not
Z IL be soli-evident, that communities which
have been determined not be objects OF declaration of
war, cannot be the object Of tho treaty making power
But il may be answered, that the president senate
have determined that the Indian tribes the proper
objects Of the treaty making power, and that treaties
have actually been made with them. This is admitted
But may be safely contended that construction snt
by the president and Senate upon that part the con-
situation which grants the trcay-making power is not
entitled to much weight construction placed up-
other parts of the constitution by all the
OF the government entirely inconsistent with that plac
oil upon the reatymaking by only two of the
partmcnts which had concurred in that construction
But Tor the sake OF investigating the subject more fully
let for tho present be taken for granted that tho In
dian tribes are the proper objects of reaty-making
power The rights aud the relations Of those tubes had
been unaterably fixed long before the reaty-making
power created by the constitution of the u States
listed, and i, was not competent for that power when
righuuiy eNerted TO alter change those rights and
| relations The right of the Indians 10 the soil upon
which they lived, that Of occupancy only; the fee
being vested in the State of Georeia-Any attempt
change the right OF occupancy into fee, would have
Invaded the sczca in fec declared be vested in Geor
ga by the Supreme Court Of the United States, and
would have been null and void Again. the relation ex
ishng between the Cherokee Indians and the State of
Georgia, was that OF pupiage.
No treaty between the United States and the Chero
Nces cou change That relation could confer them
the power of independent solf-governmont. If there
are any clauses in any Of tho conpac,s between the
u States and the Cherokee Indians (mscalled treates)
which give TO those Indians the right of independent
self government they simply void, and cannot and
ought not to be permitted TO throw any Gle in ,e
way OF tho operation Of the act of Georgia, extending
jurisdiction over the country in the occupacy of the Che
rokcc Indians. But it be urged that the State of
Georgia having neglected for about fifty wears TO exer
else this jurisdiction over the Cherokee Indians barr
ca by the lapse oil time, from exercising il now. IL
might he deemed sufficient reply this objection TO
cite tho maxim of .Nil,sm Teipus," which has been
determined in the Courts Of this State and as far a, Il
known TO this Convention, by all the States TO APP
ply to the State Governments with the same force as
it applied 10 the British King But this convention will
not rest the reply upon this kim, because more in
nteiiigble and satisfactory be given When
America was first discovered, has been shown in the
decision OF johnson h'Intosh discovery was consider
ell equivalent to conquest IL became therefore the duty
provision for the aborgines who were SAVAGE race
and OF mbecie intellect In ordinary conquests one of
inc two modes were adopted. Either the conuuered
people were amagamated with their vanauishers and
became one people, they governed as separate
but dependent State. The habits, manners and imbe
cc intellect OF tho Indians opposed impractcabe bar
risrs to either Of these modes OF procedure They could
neither sink into the common OF heir discoveries
or conqucrors, or be governed separate
people. They were Judged incapable of complying
with the obligations which tho laws Of civilized socety
imposed, or OF being subjected to any code of laws
which could be sanctioned by any christian society
rum nty, therefore, required that they should be per
mtted 10 i've according TO their and manners
and that they should be projected in their exist
ence under those customsand usaees a, LONG =. hc,,
ohosc to adhere to them.-But the Cherokecs now saw
ney have advanced in civilization, have formed for
themselves regular government Admit he fact thew
arc men IN situation to be brought under the influence
OF me laws OF civilized State of the State of Georgia
The obstacle which induced the State of Ceorpia 70
Dear the exercise over them and which vested in Ceor
ga no longer exists if the Cherokees or their
Is to be believed. The State of Georgia i, ner;ous
iy called upon 10 exercise its Legitimate mowers over
me cherokee Terrory.-Indeed it seems strange that
1 lN,
mat Government should be seized in fec of terrific
ny and yet have jurisdiction over that country ia an
anomaly IN the science of ursprudeucc butt NAV be
contended that aho' tho state of Georgia NAV have the
jurisdiction over the Cherokee Territory vet il has no
WRSS rsahais upon the territory Of which
the State of Georgia is seized in fee Such dis,;ncm
would present more strange anomaly than that of
government having no jurisdiction over territory If
which il is seized in fec S Vi
THIS Convention holds it to be well e.tabli.bed that
SOVEREIGN State is seized In lee Of territory il
nd' exclusive Jniidiction that territory moi on
on me surface and every thing TINT is to b, fund IN
that surface, but as Sir William Black,tona Je6ns.
ie III lee simple to lands, that il extends not onIy
UVsr .uo sui ace, but by us4ue al UNI &C. Nov
me right oil the tenant in tee, could not b.. no,e y
tensiFe than that Of the potcer granting The fee IT.
a. III 'er' hereio,e vests not only tbs euriacs bu.
ne 1o"eis oil the earth, aud through the air above ,b-
esrb, rs lar as the air be appropriated 10 tbe us T
nan' or even nsque dd cslum the maxim has H. If
o." "a se' V1''s III M tenant not only the surface
ou eA,Sh's 70 The centre dowHwards, and 10 heaven
upward, what this Convention would resnscf(,iI,, 90
qnIrey - TO limit i's right OF jirisdiction -
In conclusion, il may be proper 10 notice yo,n, NJ
'he afguiDentf aud petitions assumed by counsel 10
support of the plea 1t was conteuded hat he ar,i Ia
10 the tr-a'y OF Hopewell, which qured the Indian.
IN case OF real or supposed wrongs 10 demand s,1c
o Tor the injury. and refused TO give nocs of
intention 10 make wsr. This was cansiIsrrd by .,nr
fi as uneqniyocal evidence of the RECOGNITION ia, ,h
United States of the Cherokee Indians IL soveyein
9'ate. II does Ut appear this Convention TLa
Indian Tribes in North America y,ere "a 10 go; -, "
naroarou' They had been immemorialv in tha y, All,
nd hlOntu
Intn4.-Tbsse attacks usually stuck the tSbi,e
seluers with panic terror by the secrecy and radi,
WI u Whch they were perpetraed. To guard sgajrs,
mischief so terrific and appalling the treaty. inn,srs
npo7 me Cherokee Indians the oblia alton of giving mn
uce 0! ther intention TO make their bloody jn.rsion.
,no 'ie whe settlements. II was a saluiary restric.
ion, which was the origin, OF at least ons annro,cb
towards the habits and usages of cvi'ization r. -
omitted the restriction for fear Of the omission, bic
u ~ eontsnfed Is given to the Cherokee Jndi no,
i"g war upon the United States, would hav, bssn
weak for was matter OF universal nooriey that ,he
various Indian Tribes within the u. States yer. inn
aiiy IN tbe hath, II making war in The manner
apcVo 'escrios, and the restriction was salu,.rv one
and has bad the desired effect Counsel for The che
kee Indians contended, that by The articles Of trea,
hnd cetsion between the ate Of Georqia a,d no m
ed states had given ihs United States is nj IN bo,
ueaues Win The Cherokee lnhiaus and had bon,d The
9ate 70 abstain from all efforts to exingni,h ihs In
,dn ISn' 70 andI within the limits OF Geotgi,-Thi
convection conceive both positions TO be erroneous
" or ar lrirs 81 treaty aud cesson, conf, no rgb.
upon The United States bold treaties with IN. Chs,o
zee indians-Thcse articles impose uusn The Ioi,el
states the duty OF exlingUshng the Indian lille hu,
conters no political power the Federal G,v.,,-.,,
u there be such thing p,iiicsi ayion Il, i. go
aniy one mar the Federal Government an derive no