The Rhode-Island Republican. [volume] (Newport, R.I.) 1809-1841, 1830-01-14

| fully representi-- W
| That tho relations between the gov
erntnent Of the Upited States aud the In
dians living on their own lands within ou
national lin,its, are now Ia suoh state, q,
not only to mako il proper thst the peopl,
generally should address themselves. e
the Federal Leg gislstnre on the subject, but
in the judgment Of your mcn,orialists. il
has become the imperious duty Of oil good
citizens, who have . just view Of the mat
ter, to cause their voice 10 be heard in oul
national councils.
Unless your memorialists totally mimp-
prehend the meaning Of several public doc.
| uments, Which have Proceeded from the
government within q few month, mast. 4
countcnances the doctrine, that Indian na .
lions, though still remaining ~ separate
communities, sndresiding on lands received
from their ancestors,& never a.icnatcd, are
destitute ofnny valid claim to th territory
which they inhabit, and lio entirely at the
mercy ofthe States within whose conven.
tional limits they happen TO fall To your
msmorialists this doctrine apps.rs in high
degree alarming.as, unless they ore entire
y mistaken, il is subyersive eftbc plain.
est principles Of justice, and, &c followcd d
out in a'l its legitimate consequence ces, would
make force the first and only. nrbi,cr be.
tween separate communities; and Of course
would bring every weak community under
tho domination Of ito powerful ncighbor.
The four Southwestern tribes of Indians,
vie: the Cherokees, Chickasaws, Choc.
taws, and Creeks, are estimated by tho
Secretary Of War, in HE late reprrt,,o con.
tain $4,000 souls, all them residing within
the chartered limits Of particular members
OF our Union. According 10 the doctrine
promulgated by the President Of the Uni.
ted States, the Legislatures Of these Nom.
bcrs of our Union have the right Of bring
ing the above mentioned tribes under the
jurisdiction Of State laws, and Of confsca.
ting their lands and dividing them among
the whites; thus, at single stroke, reduc.
ing independent tribes TO state Of vassal
age, and subjccting them, without their
consent, and against their protoststion und
remonstrancc,to system of Legislation un.
der which it will be impossible for them
to live, and which, five may judge from
all The specimens that have yet been given
will be formed with q paIt cular view to
driving them into exile, or insuring their
speedy cx,inction.o. : ~. ~ ~
Such an usurpation OF power, cxertsd
ny the suoaQ Usvr rhs we.h, and snch
division Of property repaciously snatched
from the real owners. would appear TO your
memorialists to be acts Of enormous inius.
iice; such acts as have very rarely been
pcrpe,uated by nations callisg themselves
civilized, and protesting to pay a decent
respect to their own reputation. This il
the opinion which wo are compelled to form,
on looking nt the principles of natural jus.
lice independent ofGll positive agreements
or compacts.
II surely cannot be necessary, however,
tn recall 10 the recollection of Congress
the various treaties, which have beon made
with these Indian nations, FROM the first
establishment Of colonies in the southern
states to the yenr 1897, when the last trca.
ty was made iih the Creeks In oil these
compncts, some Of which nre found in sl.
most every volume Of our national statutes,
the Indians were admitted ~ have nation.
al character, and q properly in oil lands
within their territorial limits! As TO ma .
tional character, il is implied in the very
Transaction of being o party to a negotia
ton, and can never afterwards be denied
by the other party. 1fthe government Of
the United States should now proceed up.
on the ground that Indians have no title 10
the land on which they were born, which,
has always been in their possession, and
which has been expressly admitted to be.
long to them, The people Of the United
States bring upon themselves the double
reproach Of overstepping the bounds ol
Justice, in as clear q case rs can possibly
be conceived, and ofdisregnrding the mos'
solemn treaty stipulations, frequently re.
peaied, and many times acknowledged, by
the highest departments Of our government
Such reproach, from which il will be i'm
possible, ns your memorialists apprehcnd
to clear the government and people of the
United States, cannot be regarded other
wise than as o great public calamity. Or
this account, your memorialists feel bound
to call the attention Of Congress to more
detailed statement Of the two claims, By
which the southwestern tribes now hole
the lapos in their possession, viz, immem
orial occupancy, and the acknowledgment
and guaranty Of the United States.
That the aboriginal Inhabitants Of thi'
continent were, at the time when il woi
discovered by Europeans. in actual posses
sion Of territory, in almost every part o
North America, cannot he questioned
That no part was left vacant, or unoccu
pied by human beings, your memorislist
would not undertake to assert. Nor 10 J
necessary to fix precisely what might b
called an actual possession Of territory By
Indians. Il will bs sufficient for the deci
sion Of all practical questions on this sub
ject, II we say, that Indisn nations wers
respectively in actual possession OF sl
lands on which they had their nsual resi-
dcncc, and Of al lands from which. by theiI
frequent presence or By occasional force
they excluded other Indias nations. Thai
similar posscssiop hiss always been con
-.a a ~.~a IA vs1,l ;o the old uc-il IA