Litchfield enquirer. [volume] (Litchfield, Conn.) 1829-current, 1830-07-29

CoT1ssresa m.Sbs lawfully make. The other Is, that
the Statea of Alabama and Mississippi are Precluded
ay8 "ds, .,s INTO the Union 10 enactlaws which
shall infringe mnon the rights Of the Indians.
In the Senate OF the United States ~ 1870 IN tne
discussion Of bill d %i * re ~ state Of Mississippi 10
answer to an objection, that the gaIe 0ugnt % Az
struct and repajr it's own rcade, Mr. Mug o. ava
hama said The road runs through the indian cOHn.
trv which Inc State Of Mississippi had no control
Mr. johnson of Kentucky said this "was a road o.
pened by the United States according TO aTea' sup
uIatom with the United States"
Mr. Ell;s ~ mississippi said, "thea road did not
pass through one seventh part OF that state, ana q
was impossible for the state government o. Mlssss'pp'
TO have any authority over '"OSe '""uH' "" 0 '
Mr. Eaton Of Tennessee, the present secretary OF
war said treaty had been entered into between the
United States and the Choctaw Indians ne ne. cues
ernrent If ,his country in the hands Of Mr. JEFF
ferson Under such M administration no attempt
would have been made 10 enter INTO Tea'y WIN =
distinct sovereignty, that went to invade tue prncl-
pIes Of The constitution. Ever since this govern-
mpnt had existed" Mr.. EatO" said, ".hey had pro.
ceeded ON The prcipe that the lndlans are nletnct
sDyereicnty: II was an anomaly that one sovereignty
should e,is within the orbit Of another but they al.
ways had proceeded this principle, and u they had
right to interfere with them why they proceed
Min them in the character Of sovereigntiesT Mr..
Ea,on commended that by the provisions OF this irea.
w. there was no cession Of property on the part OF
these Indians; there was not even cess.on OF soy.
efG1gntys !
ans, yielded their consent 70 the United States, %
open a road. The United States could not give the
state Of Mississippi any sovereignty over IT," r
Mr. Berrien Of Georgia, now Auor"ey ssen,;n" no
had been able to beetow on this subject naa recoMc
ed his mind to the admission Of the principle thai the
effect of this treaty was certainly OF Imteo ene"'
the state Of Mississippi into the union, and the parties
to that eaty being considered az distinct sovereign
ties might have imposed on the United States certain s:I
obligatoas from which obligations they could not d's'
engage themselves BY any new compac.s entered INTO
with the people Of Mississippi o" their admission INTO
the union"
and chairman Of the committee Indian affairs, in
written opinion given in 1924, says, these people
(the Cherokees) are now to be viewed as nation
possessing all the powers OF other independent ma
tons, which are not expressly by necessary impli:
cation surrendered up by this treaty: 1.-THE treaty OF
HoIs,on y have believed, and still do, that under the
treaties, the Cherokees must be considered nation,
possessing like powers with other nations, except 20
Gar they have surrendered their Independence to
the Unted States."
Are these treaties thus explained bindingg II they
recognise and declare the Indian tribes with whom
they are made, far independent as to possess the
right Of governing themselves, by their own munich.
pal regulations; as mot to bs subject 70 me legasa,o"
cy for ever, the lands described in the boundaries
| specifed,-are the treaties the supreme law OF the
and Had .n1 ra 81 the usd states the
| II would seem to be somewhat novel, that neces.
sy supposed to exist to prove that the treaties made
with the Indian tribes are yalid But this necessity -
heiiealy indeed upon the superstition that they con.
ict with the supposed and asserted rights OF state
sovereignty thu! they were not |asga!y entered INTO
these treaties; and therefore, that they are vo'd-
Let ask the attention Of the committee, to ihe
proofs that they are compacls, which il not iuhl!ed
by us, will subeCG 10 the imputation OF violating
our national faith that they were, what they profess
to be, made with full authority, and are now the SUI
preme law.
| department Of the government, and by each, been
considered az binding Oh the contracting parties.
BY the eGecnfire. This is necessarily implied in
making and raying them for 1t 10 not 10 be pre-
sumsd that the President would make, ard that the
Senate would advise and consent to treaty. which
they did not believe was binding on either OF the par"
inlSfSnces from the exercise Or the treaty making
pOWef The records Of our government furnish w
with ample evidence Of the opinions entertained Of
their validity BY all the s.riO' men, who nav, ss sG-
General Washington in communication TO- the
Senate 10 1870, says, "The treaties which have been
mast % aithtaiiy performed oar parts: shall
conceivs myself bound 10 exert the powers entrusted
% me BY the con',.uon s order % carry into faith.
to the chiefs Of The Creeks a,e also laid before you, to
eyince that the REQUESTS steps have been taken 10 pro.
duce fIl! compliance with the treaty made with that
HHuOU Uu tbe stu w AuSusts w. "o ~.
vscd aud consented that the President should cause
the treaty concluded ut Hopewell TO 6e carried INTO
erecGtioa according to the terms thereof" :" V Of
Importance that tho chielt should be well antts-
fed Of thu entire good faith and iiberaly OF the Uni
| ted States." 6n.tc fs.
| SimilnI opinions were expressed by all tho per-
sons holding the Office Of President. will detain the
committee, by referring those Of Mr. Jefferson only.
"The government is determined TO exer! all iis en-.
ergy for the patronage and protection OF the rights Of
the Indians Until they cede their lands ny treaty. or
other transaction equivalent to treaty. no act Of
state can give right to such lands."
The validity Of these treaties has been fully recog-
nised by the Legislative department Of the govern.
ment. 1t has passed, from time to time, laws regula-
ting the intercourse with them; laws ing "ppro-
ties into effect and tho hill under consideration,
proceeds upon the admitted principle, that the Indian
tribes have by treaties, rights 10 lands Which are 10
be extinguisled mpros emens which are to be pur-
chased paid for undergraduates money tor these
objects. 1--,
The Judicial department in the cases belOre refer
red 10, has made full recognition Of the validity Of
these treaties. II speaks Of them subsising as
containing provisions binding the parties 60 them,
aud which, like all other similar coMpac,s with indie
pendent powers, are TO be faithfully observed.
have, for another purpose, adserted TO the oPin.
ions advanced, by distinguished Senators and Repre-
senalivss in Congress- from the states, within whose
chartered lnits the Mdans reside; all sustaining the
doctrine that these treaties are the supreme law Of the
land. solicit the committee 10 examine them in con.
discussing. 81
These treaties are and must he presumed to be Valid
nj least Hn, declared be void, by the judicial de-
partment. IL compeent for Congress TO declare