Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1830-11-02

He ChefoXees but OF The greatest value the ior
bstween the Chestates aud Etowah rivers. That part
OF the country IL go broksn aud inaccessible SO near
The boundary 81 the State, and the of enforcing
the laws difficult TO be comm that neither Of
those objects can be properly effected, without taking
possession OF the miSes To do thi, in such manner as
TO have them wrought prohtably and safey to the State
and at tho same time 10 guard tn. Indian occu-
Pancy from violation, II may be obtain an
accurate survey OF ghe whole country BY doing this
those tracts which contain gold may be sscertsined,
and leases made with more certainly OF confniny the
ten,nts of such within their bounds, and OF disin-
gushing between the rights granted the tenants of
those tracts which may be occupied by Indians, and
those without that incumbraDce. Tbi- measure nav
also he necessary to enable the State ascertain with
Certainty the number of the Indians within its limits
the extent Of their improve the quantity Of their
unoccmpied lands the places which had been
by emgrans, the residence OF white persors and dis
unguished Chiefs tho location of the towns and their
opu'aon, w'th various other information of The
Character, all oil which must be known, iu order that
appropriate laws may be passed for the govern of
our Indian people No doubt entertained OF the right
TO survey the entire Cherokee ter7ry IL such ses-
sures should bs considered expedient The right. of
jurisdiction and soil essential attributes Of govern
ment and acquired by the State upou IN. sckno-
edgmsnt OF lite Independence sovereignty and terrific
rial limits. by Great Britain. These rights have never
been relinqui.hed. For, although the Jurisdiction of
the States, is restricted by the Constitution, from ope-
rating upon few specified objects, vet il is un.
limited in all other respects; aud the constitution con-
tAns sPseia provision that it shall be construed 10
the prejudcs Of the claims OF the Stses to territory
various ce.ons ct these ights Of coil and jurisdiction
over Indian t5es, aud the territory which ihev orcu
pied, have been made by different States 20 the United
States, by virtue Of which ha. created territorial gov
ernments and granted the right OF soil 10 ndivduals
Virginia, Gsergs, New York, Massachusetts, Copn-c.
tcut, North Carolina aud South Carolina have made
such cess'on. Ohio, Indiana, Illinois, Tennessee Ala
bama, and Mississippi, are exercising the powers Of
government in consequence OF euch vances AL
thoush the whole extent of This country was in the
possession Of the ndisn tribes when the first settle
msnt was made by the Colonis,s, and most of il has
been ceded by the Indians in the fern OF treaties to the
Colonss, the States, yet foot Of land IL be-
eved TO be hsld by the erce OF an Indian title Each
State in the Union, as did every Colonial Government
claims 10 he the proprietor Of all the lands within it's
lWits The courts recognize title unless il be de-
rived tron the State, Colonial, Biiisl ,verpments
Such is asc.the doctrine OF The Supreme Court The
Indian tribes have where been considered as form
ing such communities as ceulG be recognized Gov
eTnments, and having the power act nationally The
principal objection, which has been made the exer-
else OF the right OF soil and jurisdiction By the State
aver the Cberokee', has been drawn from the phFasso-
logy OF the treaties between that tribe and the United
States IL such treaties be considered as com.
pacts between Independent nations, has been as-eri-
ed, they would be void Ear IA thew pretended In
limit the sovereign rights OF the State Bot treaties
have been made with the Indian tribes, at all times
since the hrd settlement Of this country, without hav-
ing beso considered such instruments conveyed no.
tiical power or rights of territory. They have been
the expedients by which Ignorant introcabe and ga
wage people, have been induced without bloodshed 70
yisd up what civilized governments had The righi TO
possess, by virtue OF that command ef the Creator de-
liversd 10 man upon his formaion" he fruitful multi.
ply and replenish the earth, and snbiue it," So far
oo. STAT .a'es, aru
risdicon and soil perfect exercised by The
State ovsr tbs Cberokees, and the lands cuped by
them. These rights have. however their correspou-
dent duties II you subject the Indians our lawss
they have right 10 protection. If the exgencies
of the State require that the gold mioe in the country
occupied by them, should be taken possession of such
exercise of power sbonld not be extended further than
the public interests requires. The desire az acquiring
land for individual pro6 Ought not 10 he the operative
motive in directing the policy ri The State. IL is also
due to our own character that we should have ieaIons
IL the nj faE in
the minerals in the Indian atds beyond what the pub
lie interest the preservation and OF the public pro.
perty, and the enforcement Of our laws may require
Even the OF Surveying the Cherokee terrific
ry however necessary Tor the proper administration Of
the laws, securing the public property from trespaas
and protecting the Indians, IL OF the sensi-
tive feelings of the humane, excited az they have BEEN
by the interested and improper statements OF political
p8rtzans upon the subject OF policy towards the
Cherokees, liable to misconstrgction, that IL would
he agn anmousy forbearng, in the Lagisla;ure per
hips WISE to delay the adoption of that measure 70,
the present.
In removing in,ruders, II will be expsaient 70 con.
slider ell white persons such, without Yngard 10 their
length Of residence or the permission of the Indians
The citizens OF this and other States, who have either
taken refuge in the Indian country, escape from The
punishment due TO their crimes, connected the M.
selves with their society from untness live civil
lied communities, have not thereby acquired any claim
upon the State 10 peculiar privileges. Much of the
opposition Of the Cherokees, to the ex,en sion of the
lava of the State them and to the offers made by
the United States TO induce their union with that
of the tribe who have removed 10 the West of the
Mississippi, has proceeded from the influence of these
persons AZ the came time that ackDow ledge that
il would be unjust TO compel the Indians leave the
couotTy which they have slwsvs occupied, yet helev.
Jag that their removal the West would be advanta
ge0us both to themseves and the people OF the State
II /. proper that you should take away any eztfnse
which prevent their voluntary action upon This
subject. II mty, however, be Just as we'll az expe.
dent exempt individuals Of good character from the
oper OF such general regulation, upon their taxi
ing the oath support the Constitution and of the
State, giving other security that thew will discharge
the duties OF citzsns OF The State. The number of
white residing among thu CherOkees, within the
Iimits Of the State estimated at two hundred and
hfty exclusive Of Missionaries, traders and pedlsr,
About one hundred are living with Indian women
fifty have permits from the Cherokee Chiefs, and
one hundred from the Cherokee Agent. Out Of the
number OF hityfour, whose places OF residence
6nd property, described in letter fren the Agent
twenty four are possessed Of negro slaves.
The lsw extending the jurisdiction of ihe State over
the indians, contains provision prohibiting white
persons from entering upon their lands The Indians
will be exposed continual vexa,on and distutbanc
unless their rights secured 10 enable them to
obtain certain redress for their violation. Hitherto in
trudsrs have been kept on their lands by the force of
the General GOvsrnmep' However iusuhahle the ex@
srion Of this power may have been formerly, cannot
he continued any longer consistently with The right Of
jurisdiction which has been assumed by the State. IL
becomes therefore mrsr aiive duty afford TO the
Cbsrokses by your eDscmens, the ssme protection.
rom intrusion which they formerly received from th5
United States.
II IL also due TO our Indian people that that proyis
4, tc Iovv If be repeeled sgbi