Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1830-05-07

Tue governors OF colonies
are prohibited upon any pretcnce whatever, from
granting any warrants of survey, or passing any pa
tents for lands, :'upon any lands whatever which
not having been coded or purchased were reserved
to the said indans; and by another Injunction i'm the
same proclamation, "ail persons wiateves, who have
either wliuliy or inadvertently seated themselves
upon any lands, which not having been cedadto mr.
purchased, by the Crown We're reserved TO the In
dams aforesaid strictly enoined and REQUIRED
TO remove themselves tiom such settlements
This royal ordinance is an unqualified admission of
every principle that Is now urged in favor of the lib
critics and rights of these tribes It refers to them
as nations that had put themselves under the protec
ton OF the Crown; and advertng to the fact chat
their lands had not been ceded l:,chasca It freely
and justly runs out the inevitable conclusion that
they are reserved TO these nations their property;
and iorbds all surveys and patents, and warns of all
intruders and ;respasScrs Sir this contains tho eni
tome or Indian history and title No king, Colony
state or Territory ever made. attempted to make
grant or title to the Indians, but universally and
perpetually derived their titles from them. THIS one
fact that stands forth broadly on the pa qe of Indian
story-wlcii neither kings nor coIon.es-neither
lords, proprietors nor diplomatic agents. have on
any single occasion disputed, is alone sufficient to
demolish tue whole system of political pretensiors
conured up i'll modern times to dr the moor Indian
from the last reimge of his hopes.
me next important era in the order of time re-
iatest TO the dispute OF the Colonies with Great Bfi
tam The attention of the Congress on the eve Of
that conflict called to the situation of these tribes
anu helf dispositions on that interestin. subject
Then, sir, we aPproa ched them as independent ma
lions, with the acknowledged power IN farm, ALLIANCES
WITH or against u.s. For, i'll June ITS our Congress-
resolved That the Committee for Indian Affairs do
prepare proper talks the several tribes of india
tor engaging the continuance Of their friendship to us
and neutrality In present unhanny disnute ypi,h
Treat Britain" Again, the 18th july IT'S a
report OF the Committee agreed to- with the fol-
lowing clause at its head: THAT the securing and
preserving thetriendSipo Tie Indian nations appears
TO be subject of the utmost moment 10 these colo
MI soft. hit -.
ct cur history are full of resolutions all of which
indicate the same opinions Of those lusrious sfatcs
men respecting the unquestioned sovereignty OF HE
indians. ! iorbear further details After The reso
lution and i'll the eighth year of our Indepondence
III the month OF September, a ID. 1855 tie Conrress
look up the subject of Indian affairs and resell
ved to hold convention with the Indians residing in
| the middle and northern States who had taken nm
arms against u.s. tor the purposes of receiving them
INTO Inc FAVOR and protection of the United States
and Of establishing bouda},y lines Of ,,ropeyfy for
separating and dividing the settlements Of the citizens
from he Indian villages and huntino grounds aud
thereby enGuishng, as far as possibIe nl ofc,s;nn
Ter future -anlInosities. dsqat and contention II
at any point OF our existence rs q peo,!c n Jisposi
tan 10 encroach upon the Indians and to break down
iheIr separate and sovereign character cop|d have
been looked for or at all excused This ,vastbe linn,
"hen we iiad just come out of n lonr severe and
bloody conflict, often prosecuted by our foes with
unnatural harbarity a:id to aggravate which these
very tribes had devoted their savage and ferocious
customs And yet, sir what do we find, Insioa5
I
o. Inc claims OF conquest, the rights of war now so
convenient to set up, the American CONGRESS preat
JUST accord to these very Indians the character of
foreign nations, and invite them to take shelter under
our favor and projections not only this but adopt
measures to ascertain and establish boundary lines
| OF property between citizens and their VILLAGES
and hunting grounds Under the confederation of
the old thirteen States. and shortly before tba ado
ton of the Constitution on the 2Otb Nov 1zo5 q
treaty was made with the Cherokee nation at Hone
wen. - --oP'
r,,t
This treaty, ccoiding to its title, was concluded
between commissioners PIe7tipofet,n,y of tho I'M;
ted States of America of the ore mart and the Hcod
men and Warriors of all the Cherokees of the 9th
or: 1t gives peace 10 all the Cherokees and re
ceEcs them INTO the favnur and protection of the
United States. And, BY the first article tho (.,cr
okees agree to restore all the prisoners cY;,e,s n,
tAe United States subjects of their allies to their
ehtFe ieeity'" Here, again, discover the same
ma unanimous policy of renounciDg any pretended
rights OF cohqueref, in Ctr negotiations with the
allies Of our enemy. We invite them TO pe1co. we
engage to become their protectors and in the sin
uaoh Tor the liberation of prisoners we trace AGAIN
re Droad line OF distinction between citizens of the
ohaed States, and | he Cherokee people
Who, after this Sir can retain aisi,,lo do,,tt &c
20 the GnquestIoned political sovereignty of those
IioeS lt Is very true that they we're net absolute
y independent. they had become comparatively
feeble, and, as they were in the mass ar, uncvilized
race they chose to depend upon us for protection:
nuI ts did not destroy affect their sayereiuntv
Inc rule OF public law is clearly stated bv Vaffel
'iiS community may be Bound TO ano; rby We
ry unequal alliance, and still be a SOVEREIGN S.afs
Ihongh weak State, in order to provide for its
sefety' should place Itself under the protection of
more powerful one, yet. if it reserves TO itself The
'9ssg governing els o1ons JoiV, it ought TO be con-
sdered as an independent State" II the right of
sen government is retained, the State preserves
ITS political existence; and permit me to ask, when
ala the Southern Indians relinquish his right? SIR
they nave always exercised it, and were never dis
turoed III the enjoyment Of it, until the late L.
Sfatp Of Niai,,,
mississippi "''1
ne treaty next proceeds to establish territorial do
mains, and to forbid all iutrusions pon the Cherokee
country ny any OF our citizens, on the pains of out
iawry. 1t provides that if any citizen Of the United
states sai! remain on the landsof the Indians for six
son snail forfeit the protection of the United States
ana tiie Indians may punish him not as eyptease
wat stronger attribute of sovereignty could have
Deeh conceded to this tribe, than to have accorded II
them the power OF Furnishing cur citizens according
10 their own laws and modes; and, SIR, what more