Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1830-05-07
SPEECH OF Mr.. FREYLlNGHUYS EN-
IN SENATE OB THE U. SrATEs-ApsrI 8.
fcoSrINUED.) &.

(coSrINUED.)
After the treaty of Hopewell wos made and ra'i-i
fed, and in the year 1857 the States OF North Car
DINA and Georgia United their protests Co Con-
gress, in which they complained of the course Of
transactions adopted with respect to the Indians, and
asserted RIGHT in the States to treat with these
tribes, and tn obtain gr1nts of their lands The
Congress referred the whole matter to Committee
f five, who made elaborate report, that disclosed
the principles upon which the intercourse of the con-
iederaey with these people was founded Ii Is mate
rial understanding of this branch of the
subject, that should advert to limitation, that
subsisi ed a that time. upon the powers of the old
Congress. That limitation is contained in the fol-
loving clause OF the articles of confederation
Congress shall have the sole and exclusive right
and power Of regulating the trBde and managing all
affairs with the Indians not members of any other
$ ates: provided that the Legislative right of any
State within Its own linits be not nringed viola
ted"
Upon his clause and its proviso, the Committee
proceed to rcport-''ln framing this clause the par
ties the federal compact must hrvo had some def
mite Objects i'll view; the objects that into view
principally IN forming treatiee, managing affairs
with the Indians, hat been long tiersood and pretty
well asceriaincd in tn country The Committee
conceive that it has beeu long the opinion of the
country supported by justice and Humanity, that the
indans have just catms TO all funds occupied by and
not fairly purchased from them" "The laws of the
State can have effect upon q tribe of Indians or
hcir lands within State, SO long that tribe is
dependent and not member of the State. IL can
not be supposed that the State has the powers men,
toned Chose of milking war and peace, purchasing
lands from them and fixing boundaries, without alb
surdy IN theory and practice. For the Indian tribes
justly considered the friends or enemies
u tae United States and particular Stale have
an exclusive interest in the management of afairs
with any ofthe tribes except in uncommon The
Senate perceive the estimate that was formed of
these State pretcnsions The Committee argue with
conclusive energy, that to yield such powers par
ticu!ar S'atcs, would not only be absurd in theorv,
hui would i'll Fact destroy The whole system of In dian
rceiions-that this divided al,erna cngnisanoe of
tic matter, by the States and by the Congress- could
be enforced and would result in dscordant and
trlnIless regulations. Tho grounds assumed in th.
able report unanswerabie The Committee re-
gaded he subject national, concerning The whole
United States, of whom the Indians the COM
mon friends or foes. That such too
general and public in all its bearings be subjected
II the legislation and management of any particular
State. The Congress therefore assumed the entire
Jurisdiction and control of it. And after this report
we hear no more of State protests. They yielded
their claims to much safer depository of this inter
esng trust. Sir. take leave to say that The sound
sensible principles of Ibis report have lost nothing of
their authority by time, and that every year of our
history has confirmed their WISDOM and illustrated
the Justice and humanity of the Congress OF 'B7
The convention that formed and adopted the Con-
siuon, IN their deliberations upon the security of
Indian rights, wisely determined place relations
with the tribes under the absolute superntendepce
OF the General Government which they were about
TO establish The proviso under the old compact
that had in ambiguous terms reserved to particular
States an underlined management of Indian Affairs
was altogether discarded, and the simple UNQUALIFIED
control of this important branch of public policy, was
delegated TO Congress, III the following clause of the
constitutions Congress shall have power to ren,late
commerce with foreign natio1s among the sspsrol
States and Nth the Indian ribes." An incidental
argument i'll favor of nay views cannot fail to strike
the mind on the face of this clause. The plea tina, is
nov, for the first time, urged against the Indians
rests upon the allegation that the tribes are not dis
tinct natIons-that they compose a portion of the
people of the States-and yet in this great national
charter the work OF as much collected wisdom viz
tue ard patriotism, ever adorned the annals or
SIZED hight upon the government of any age or coun-
try, the Indian tribes associated with fore M
tons and the several States of the three dis
tmct departments OF the human family, with whom
tho General Government was to regulate commerce.
strange company truly, In which find those il no.
seems convenient to dcnominate few popr u1isere-
u!e saVages, That were always the peculiar subjects
OF State sovereignty, tenants will of the SOIL
and With whom 1t is idle speak of negc.ia
treaties
There was another subject deeply connected with
this that engaged the anxious deliberations of tho
great statesmen who composed the memorable Con-
vciitlon--and this was the treaty power. To found
this well, was concern worthy efheir first and best
thoughts. The good faith of a nation was not to be
Pledged but on grave and great occasions: for when
blghcd, it brought the nation itself under oboitons
too sacred TO be argued away by the Suggestions of
poilcy or convenience, profit ioss They there
tore subjected the exercise of this high function to
two great departments of the GovernInentthe Pres
Ident and Senate of the United States Thew reoni.
red formalities to attend the exercise of the power
that intended and calculated to guard the trust
from rash and inconsiderae adminisf But these
requisites complied WITH and treaty made and con-
Guided, no retreat from its claims was provided or
desired by the Convention. No, Sir TO shut OBJ
every avenue of escape-to compel to be faithful
Treaties" are declared by the charter of our gov
enDent, tobe hesuprene tap of the land any thing
an the constitution batos any State to the
ry Notwithstanding" How could the inviolate char
acter Of treaty be efcctuay preserved. Let
commissions agitate the commonweah-let the stritcs
OF party shake the pillars of the political edi6ce-
around the nations faith barriers are raised that
smile at the storm And, sir if tn, Sc guards fail; il
these dcfences can be assailed and broken down.
then may we indeed despair. Truth and honor ha We
no citadel on earth-their sanctions despsed ana
forgotten, and the law of the strongest prevails.
hif President, fear that shall Cypress patience of the
Senate by these tedious deabut The subject deeply in.
ere'ng and each year oour political history brings
ns fresh and strong proofs of the estimation always
accorded Indian the ne H., u