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

the United States should "stipulate soleuao-
| w to guarantee the new boundary, which
may be arranged ~ The Senate gave their
advice, by answering both these questions 10
the affirmative. II is to be observed also,
that in this message General Washington ex-
| pIcitIy states, that he shall consider himself
bound to exert the powers intrusted to him
by the constitution, in order to carry into
faithful execution the treaty Of Hopewell."
Let me now turn the attention Of the COM
mittee 10 the opinions entertained by the dis
tinguished men who negotiated the treaty OF
| Client, speaking in the name Of the govern
ment, and whose attention was particularly
| called to the subject, by the British negotla-
! tors; and let It be remembered, that s"rne of
them, at least, were advocates ofthe rights OF
| the states, and Ofwhat has been called IN
| modern times, q strict construction OF the
powers Of the general government. THESE
| opinions uneq,ivOcally support the Indian
| tribes in their right to he governed by their
own laws and nsages. In their note to the
British commissioners, dated September eth,
1GI4, they use the following language: 4"
celebrated writer on the laws of nations. to
whose authority British jurists have taken
particular satisfaction m appealing, after sta
ting in the most explicit manner the :egitima-
cy Of colonial settlements in America, to the
| exclusion Of al rights of uncivilized Indians,
has taken occasion to praise the first settlers Of
New England, and the founder Of Pennsyl-
vania, In having purchased If the Indians the
lands they resolved to cultivate, notwith-
standing their being furnished with a charter
from their sovereign. 1t is this example which
the United States, since they became, by their
independence, the sovereigns OF the territory,
have adopted and organized into political
system. Under that system, the indians re-
siding within the United States are SO far in.
dependent, that they live under their own
customs, and not under the laws OF the Uni
ted States; that their rights to the lands
where they inherit or hunt, are secured to
them, by boundaries defined in amicable trea-
ties between the United States and them
selves and that whenever these boundaries
| are varied, it is also by amcable and yolun-
tary treaties. They are SO far dependent as
not to have the right to dispose of their lands
10 any private persons, nor to any power
other than the United States. and to be un-
der their protection alone. and not under that
ofany other power. Whether called subjects,
| or by whatever name designated, such 10 the
relation between them and the United States.
These principles have been uniformly recog-
nized nv the Indians themselves IN all the
treaties between them and the United States"
now invite the attention Of the commit
tee TO the Cherokee treaty Ofduiy 9th, 1917.
which was negotiated by the present Chief
Magistrate Of this nation, as one of the COM
missiOners. And it 10 worthy Of particular
notice. that Il was under the faith ofthis trea-
ty. and one Of the objects for which it was
| made, to enable the Cherokees to establish
government Of their own, and adopt laws
more in unsion with republican principles
than their former usages. and which laws
and government the state Of Georgia claims
right to abolish.
The prea rnbIe recites, that the upper Cher
okee towns are DESTROYS Of contracting their
society within narrow limits, that they may
| begin the establishment Of fixed laws and
regular government; and for this purpose re-
oeest divisional line 10 be established be-
tween them, and the lower towns and to-
carry into effect the before recited promises
with good faith, the Cherokees make ces-
sion Of part other lands to the United States.
II is very obvious, that the only object ofthis
treaty and the cessOn made under Il, was to
enable thee herokces who remained east Of the
Mississippi 10 institute government and en-
act laws, suited to their then condition. This
object was well understood by the commits
sioners who negotiated, and by the President
and Senate who ratified this treaty. As an
| inducement to effect this object, 10 them so
desirable, they made large grants of their ter
ritory. They proceeded to establish their
government and laws, to "engage in the pur-
! suits Of agriculture and civilized life" upon
the faith Of this treaty; and eleven years at
forwards, they are informed by the Presi-
dent, who, negotiated the treaty, and speak
ing in behalf Of the government which ratified
II, that they cannot be protected in the enjoy
ment Of that government and those laws, but
that the state vt Georgia may lawfully abro-
gate both. Was this the view taken Of their
rights by the commissioners, and by the Pres.
ident aud Senate in 1917? Was It not con-
ceded by them all, that the Cherokees had
right to institute form Of government and
make laws for themselves, and that they
should not be molested, but protected 10 the
exercise ofthat right?
| In July 1897, Congress passed an ordinance
for the government of the territory north.
west Of The river Ohio, the fourth article
Of which provides, that ''the utmost good
faith shall always be observed towards the
Indians their land and property shall never
be taken from them without their consent
aud in their property, rights. and liberty, they
never shall be- invaded or disturbed, unless In
/ Just and lawful wars authorized by Congress ;
but laws founded in justice and humanity,
4 shall,s from time 10 time be made, for pre-
venting wrongs being dane to them, and for
| preserving peace and friendship with Them"
In the cession by Georgia, 10 1909, Il Is