Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1830-12-18

In ,his ess~. as in all others. eth. ,owsrs NOT lie
gated to the United States by the Constitution, nor
,;sy 10 the a'e', are reserved to the S'ctss
fssPse1eiy or 10 the people," The right Of jusisd,c
uoo' oil "skng aud admipi.tsr ring laws tho lu.n.,
10 NOT Proa'6i'edt the StafesH then been dele.
Sofed to the United State. Tho only conveyance
wcs has been made upon this in the clause
va en- gives rgress the power "ro regulate com.
neree ~uh foreign naiaos and anooE the ssversSass
anu trtfA the Iididn tribes
Jusl, "spcaAing by tho card thereore, there .esm,
10 De htts doubt that the orgna right Of Jurisic
rema'us In the States sdre only the power to
commerce with the Indian tribcs"-In o,h.r 800.
that Congress have the Same power 10 r,.ni.,. rao
merce with the Indians In the resp,e,ivs STAR. :,
with the White Citsens Of those States. In every
ether 'peet the "t-rrorial ciain the "es,l.,ivs
'igh' o! ,te State 10 la full force ana vr. no soon !,
they arr pleased to exercise IT, II cannot be lost by any
courtesy which they nay extend towards the u. ST
,hsy ay snSso'.ry .sqai',ssnse which they una,
ooovsnrs has neither been delceaf on them nor
P'onoted to 'hep-and the nome ut one OF the States
!, !. p a'sd 10 exercise all ito reserved pow.
responsible not to the Uosd s .tes; but to
eod-snd 10 the opinion oil the word.-Tnis may be
s""oy 'AsSnaSe, bu' IL 10 not Ie-s tue. Truth lose.
"a enunca;cd
Shall II be saij, that the United ate. derive adj
'o al power over The Indians. from freatv. max.
ns potcsrthat each tribe T. nation AID poi,tica DO
dy, Ike the Eag In the Ffen h. " i'm whom IN, Pc.
sd-nt NAV make treaties with the concure nee of the
seoa+e-But does the condiuon Of the "poor Iadans''
JUSTLY such PARALLEL Are they natieus in tho true
sense VI the term! They haze been abIv
tn an anon aious condition. .arrangements Of varou.
descriptions have been made with ihsm--whioh hsv.
gone oy porIdnces under the me Of treaties Thee,
bargains have been submitted the Senate; bu, uc,
was rot tho WITH the frat tire sty that wa. form
81 win the iodans--that OF Fort Harmar 10 's9 -
Duh the present practice give the co,n.
tenaace ~ the idea OF Indian nty bow df
,ereoy does the practice la other respects place thu
ambassadors are seat to them othsr Sistss-
"e very commissioners, who - bs seut to m Ike
bargains ADD exogush their ils O! occupancy ara ~ n,
oy me Pt.sid.nt alone, without CONSULTATION and con.
eur,encc with the S nate. Peace war with ,hem is
solely in his hands. "
Ne Message to Congress- rrciting their axsre salon,
or our grevAocesno Law Of Cous ross, d.ciar,ny war
ssHn, hsm.-bu, the President dispatches the troops
or ea'is out tha militia, precisely when he
An iasuIreciion az inst tho laws by The Citizens Of
Stite-lt would be abuse OF language 10 saw th.t
"ioe thus situaed aud thus ireaed could be
cd IN m words OF the Constitution, a. either an
ofher STATE. or as 4" foreign poDsr"-Bt whether
the power OF forming treaties with them exist, or
n' who prepared to say, that such treaty /, bind
ing upon Tue State when IL IL calculated to strip her OF
any o her reserred, sovereign righu That the Exc.
euuvs has The power to barter away portion Of her
territory or sierhce part OF her jurisdiction That
politician must indeed hsve much more Iattudinous
'aea OF IN. tursdiefion Of the Federal Governine
han The Constitution will justly, who vii lay claim
o any such deeg&'ed power.'s
AMI, again, ask how can the u State. william,
VIOLA ing mo territorial right OF State create another
sovereign S',te within il limtsi o., how can thsy
recognize u, II be pleased to creae iself ono ,ove.
teigu; an iSperium IN inperiof Tney have ma such
po~rr-on Tho contrary. they are bound, II not ex.
r'essy by the words of the Instrument certainly by
s sPh" 10 respect, to defend the ni and iurisdic.
Ion OF each state Tar forth as IL /; Te.erped q, m.
ate ,'elf-neih~r to violas tn .m.sIyes nor p.rmi,
osn'f, 10 violate 'hem, buseto re.pec and ,indcate
The practice Of all the States is In conformity with
principles Each has asseTt ID It's reserved juts-
a.eoo when II thought proper, ~ithiu its own limits
E," "as H'Adr lave Tor the red man, we'll as the
white Nan. Each has ex ius ui hed ,hs Indian Till. 10
iahd--enacted lave Tor their guidance much mora rio
oiou than Tor ,h'ir white ciizsns aud treated the
IN i1c' as they we're Ia stat. Of nature or of nunu
age. The Codes at most Of tho SAies abound in such
municipal resuiA ions n-New York has recently ex
erc".d such a" authority. Ttos iuminsrie. OF the
vor 1T their valIdity-How thsD comes IL to pass tba,
the laws Of Georgia, and Alabama, and Mi.,is,tppi
should now excite such laundering Glamour through.
out The Unon Surely, in this respect all the STATES
are equal, IN the eye OF the Constitution
VI. then, neither ,he customs OF all civilized ma
ion' nor the principles OF tbs Constitution nor the
practice OF the government, when clearly
uor all the ice OF all tie older ss of the aioo
bi, the exercise OF his terri toraI. right vhv i.
that orx'a alone shs be put under the ban of the
nd'o' Why Il IL, that she alone shall not make iu.
and adequate laws tor The government Of her own ter.
ritoTy and the guidance OF the Cherokees? l. IL bs
cause the Ch-rokeee have formed a government for
themselves! Is 1t because the very circu,nstenca
which Justly excitss the jealousy Of Georgia and die.
Pui-s her right OF jur dicicn, should be sufficient 10
p'raiyse her power Is because, when there is the
moot occasion tor its exerce, haii not tie ex.r ed
surely, such WI Gct the opinion of Mr. John Oupcv
Adams VII n President Of these Uni,ed s ate, fr,rjy
consulting hi' own judgment, and unbiased by any
'Prit OF oppoition 10 Aodrrw JLck.on In the latter
end OF tho year 1927 the Cherokee Constitution wa,
d'p,'d' anu the attention IL our government was Off
ciay invited to The circumstance II was at the ysrv
opening Of the ~ Session OF Congress- that Mr. Adj
a@s'. Me'sage runs 10 tie following strain
Tho attention Of Congress Is particularly invited
70 nat pact OF the report Of the Secretary of war,
Which concerns he existing system OF our ions wi
ne IhJian tribes At the establishment Of the FEEDER.
AZ Gov ernment, under the present Constitution of The
United a'e', tbs principle adopted OF consdsripe
'hom as foreign and independent powers and aiso a.
proPieiors OF lands They were moreover con,;ds,sd
As savage, whom II was our policy and our duty 10
use cur iLiirenc- in converting ch.iianily and In
bringing within the pale Of The Constitution A, in.
d-PrnieDt POWER, we ne soiidied with them by tr.a
es; as ropi-ors. we asrd of thu m all tho l,nds
whieh we could pfevsi upon them to SELF; as
OF the human race, rude and ignorant, We
10 bring heE TO the knowledge OF religion and Isu,r.
Tie ultimate design wa, TO iDce porae 10 DIR own in
situations that portion OF them which could bs convert
cd to the state OF civilization In the practice Of En-
ropsan States, befrrs cur Revolution thew had bssn
considered children 10 be governed: A. tenants =,
d'creton, TO be possessed oceasion
As hunters, to Ia Unidentified by t,ihing
Tor re,o' al rom the grounds ON which their gam
was txnpssd. Ia changing the syst-u, IL would
seem @H uii contemplation Of the consequence of
the change bad n been taken. We have been far
more surces-ful in the acquigiisp of their I.nd,
than In imparpg TO them the principles or insni,in,
them with tho sprt OF civiIz .tion Blu, In
ing 10 ourselves their hnong zrounds have
UPON Ourselves IN. obligation Of providing ,hsrn with
.rhe Articles of Confederation gave tho Old Congress tbo .
All ArrAis, VITA fSDiar, nor nrsSrs. or 49,, q,
eTArss provided that tho legislative any State within M,
that from tho difficulty of defining who we're or who sss a.
ns.rs sHy q re Sa' and wha, Of the gi.
hhpe rght OF state those phrases
be supposed that the have lost sny of