The Massachusetts spy, and Worcester County advertiser. [volume] ([Worcester, Mass.]) 1825-1831, 1830-12-08
WHOLE NO. 3O1O.
From the National Inteligencer.
PRESENT STATE OF THE INDIAN
QUESTION

QUESTION.
Gentlemen: Your readers need not be informed
.nat the Indian Question, it is Familiarity called
has been deeply interesting to the American pub
nc Tor more than year and that it was particu-
larly SO during the whole of the last session Of
Congress This subject does not directly affect
.ne private concerns of our citizens, nor does it
pear Immediately on the foreign relations of the
country; nor ought it to be entaneIed with the
wishes and designs the hopes and fears of poIiti-
cal lntrguers or partisan editors No other SUBJ
Ject, SO TAR removed as this is from The ordinary
causes OF excited feeling, has taken so firm hold
OF the public mind and the public conscience since
the United States became nation. This general
interest can he accounted for in NO other way than
by suPposing that large portion of our inhabitants
including many of the most intelligent vrtuous.
anu pubic SPIRITED men in the community, are Sc.
1ousy apPrehensive that Justice is to be trampled
on, humanity outraged, and the national character
deeply stained, by the treatment which the de-
ienceess tribes upen borders are to receive at
cur hands.
feeble race Of men, they are far removed from
the populous parts of our country. They have but
scanty means OF access TO the minds and hearts of
our people. Ignorance of their condition casts an
obscurity over their rights and claims They have
no patronage to bestow no votes to give orto with
hold, no resources adequate to even a moderate
and stlnted defence of their righteous cause Their
opponents can WELD great patronage, have many
votes to give, and hold great political mower at
their disposal; and all the influence thence result
ing is exerted to stie inquiry to misrepresent the
character and claims of the Indians and to make
their cause appear despicable and hopeless.
Yet, though their cause labors under all these
disadvantages, the people of the United States gen.
orally, SO far as correctly informed in regard to
facts. are on the side of the Indians The CRY of
the Indians has been heard; their claims are thor
oughly understood by many; and all fair-mnded,
honorable men, by whom these claims are thus I'M
derstood, are extremely DESTROYS that the indians
should receive that protection which our nation
has solemnly, and many times, covenanted to af.
ford
Another sessioRof Congress is approaching and
seems proper TO inquire, achat is the present
state Of the Indian Question and arhat are the
people of the United States bound TO do in regard
to 1t? y ~ y" 'ss"'1
| propose, Messrs. Editors. to answer these two
inquiries, IN two essays; and but single num-
per VIII De devoted to each, respectfully solicit
the attention of yourselves and your readers IN a
discussion OF SO moderate length. on a snbiect
winch, however 1t may be disguised for the moment
VIII at last be universally acknowledged to be one
OF momentous import.
10 ascertain tohdt is the state of The Indian
Question it will be necessary to beSy in oind ,h
following particulars -
The present Chief Magistrate of the United
states, soon after entering upon the duties of his
ohice' gave the Cherokees and the other SOUTH
western tribes to understand, that they must snh
mt 10 the laws OF the States in their neiphborbood
Whlle he protested willingness to extend his
piotectioh 10 these tribes, in some underlined man
her' and to some uncertain extent he explicitly
and repeatedly declared, that he could do notbing
winch should interfere with State laws or cho,Td
,HPiy that the separate States have not the abso-
lu'e and uncontrolled power of legslatinp over In
uian tribes residing their original territory If
that territory happens to fall WITHIN the chartered
ami's OF any State. OF course, the President must
nave assumed the power of suSpendfnu the law Of
Congress, regulating intercourse Nth he Jnd;c,,
HtoeS law the principal provisions of which
nave been IN force since the year 1890. and which
now stands on the national statute book unrepeal-
Gu; the right OF the States to legislate for the
Indians be admitted, it is absurd for the General
Government to talk of protecting them in anv re-.
| spect whatever. - ny 70
me PRESIDENT has not only supposed himselfin-
vested win the power of suspendng or repeating
la"s, out mas In the case Of the Cherokees. sus-
pended the intercourse law, which had been made
perpetual for their benefit by an express treaty st;
uia'loh. lie has also assumed the power of sVacat
ing ueates, ON the ground that all his predeces
sofs IN once, and every Senate of the limited
thority. 'u'iona au-
The fact chat the President has theeret;c,ltv .r5
PraGtcaiiy assumed the power of suspendino or re-
Peahng law of Congress, which had been erforc-
ca oy every one ofhis predecessors, and the nower
" aaos1hg tIeaues, which had been uniformly held
sacred ny them, is one of the most remarknble
Things which have taken place since the ORIGIN "a.
our government. How very remarkable il is NAV
De seen by one who reflects, that the Constityt;o,
nus gwen the President no power to pronounce an
listing law unconstitutional, much less to repesh
or suspend a law. He does not embodv in Him
Government. Nuns oi tne
ne Interpretation of laws. and the mower of Do
:Iing as 70 their consttutionality, belong TO the
" winch branch of the Governme nj these
PoMe 5. nave exclusively been exercised. Even IN
hereditary monarches where yer there i an. ,h; :.
iiAe iimted Government, the King cannot abro,
sue citer, or suspend law. The King of Emo
,anu, ior lnstahce has no power of this sort Tie
SSP'esen'atiVes OF the French people inserted in
'ie recent Charter declaration that the Kin,
snouid nerer suspend The operation, of a lar ana
lils was one OF the first, and one of the most i'm
( ter e o'ne oiu char-
sqeh being the known opinions and conduct Of
% resident, the Indian bill passed at the close of
the last session of Congress The act ,yonId ~
PShecty harmless, were the execution of IL cont;d
ca 10 q Chief Magistrate who Entertained the
views OF General Washington and Mr. Jefferson. In
e, .i 10 this whole subject 1t recognises the
national character of the Indian tribes and ex~
PIessly guards against the violation ~ fyes,;es
I'll noth IT'S friends and its opposers knew yerv
Meh tnat the Indian tribes were dena tionazed IL,
snose state laws, with which the President had
NC ccuio not interfere, and that under the on
,i OF tnese State laws, every purpose of pro-
tectlng the Indians, would become a dead Letter
speak OF the friends of the bill generally There
may nave been few who voted for II in the he
lel tnas II would DC impossible for the President to
disregard the Planest spulations of treaties, un-
ger me auspices Of an act of Congress which ex-
pressly guarded their sanctity.
Inc effects Of this act of Congress have been
precisely such as its opposers predicted they would
be- The Indians have all told. that the op;n;onr
oil the President, they had been previously stat
ed and explained, are approved BY Congress. and
that now there is certainly no alternative for these
tribes, but removal beyond the Mississippi, or
suoJectlon to the laws Of the States.
Attempts to negotiate with the Sonthwo.,ev,
tribes have been renewed under the auspices Of the
indian Dill The Cherokees and Creeks have re-
fused to treat The Chickasaws have agreed to re-
move, prorided tract of country can be found.
wnich snali De satisfactory TO them, a condition
which they do not believe It possible for M Init
ed states to comply wiTh. The Choctawsha have re-
Gently signed treaty. under the very urgent inu-
anCR of the Sacrnfnr,.