Litchfield enquirer., 1830-07-29

this legislative right was expressly adverted
to, and recognized. When the constitution
was framed, this proviso was purpOsely omit
ted. It does not appear in that instrument 49,
and it is TO be recOllected that some Of the
distinguished men who signed the articles of
confederation, also affixed their signatures to
the constitution, and were members Of that
Congress which enacted the first intercourse
law after its adoption, July 92d, 1890; con-
tinIed by acts Of March I, l79S May 10,
1895; March s, 1909, aud made perpetual BY
act Of March 80, 1909. In the fitth section
Of the act Of 1890, provision is made, which
evinces most clearly, that the Indians were
not considered as within the Jurisdiction of
any state, for Il provides for the punishment
of citizens, or inhabitants Of the United States
who commit crimes in the Indian territories,
in tho same manner as if the offence had
been committed within the jurisdiction ofthe
state, OF which they were inhahitantsAOr citi-
zens. The same provision Is TO be found 10
the 4tf section &C HE act of March f499.--
And in the first act, sales to states are teclar.
ed void though they have the pre-emptlve
right, unless at public treaty held under The
authority of the United States. 7ass '3a
II would seem, from these facts no other
Inference could be drawn, than that the fra
! ti1ers Of the constitution supposed they had
effectualIy excluded state Legislation over the
Indian tribes else, why omit in the constitu-
iiun what was inserted in ths articles vt con
which ,n,,st h,.a he.s, sno,.., ,nIlsr.,,n1
,na ,r.'Il o.a.;ss..S ~, 81 .',".n,;..,, 4,
I1a7 ~, rn..rra.;.,,, rT,ha lan;sL.,;nn ~ .ho
st,tcs ~ ,,.h,, T., M a..t r. -, ,.h;.t ,.as
,aaSs. 4, s,,;y e.hs $50, y. c",s
800. -. I. y. ~ ~. 81 o. =. g.. IA -
SS ,".I go. ~ - .;s ~ J -. ~ ny smo
nr;n,. -, ~. 49,, Vsa.,a. - y" ~.
,ha S.s;.J;.,;n., art%......s a. .h.,, ,,s.s"..sI
;nr;s T;rt;nnS C.,n.s,,,,,,.,.,", ays,rts;,;o \.
s,ancssii" ..e, s.;i: Nj, =, a. ..ssst.,,o,;os,
,c ..,,s,, ,.;.,na, ..,I 80; = H.,
srni;aS ha.., a..nh,,shs.''.s. ,,.;ns;,.," s.rs
the states Md M n",Ser of ,enSlat;un over
the indian trihes within thsir matte -
~. ,.,.:. ,.a,. ..k.t... -. Il 1.
N MI, ~ SM 49, :" "no' ;,' ~
S,;s rsss. O S $500 49,. ~ ~ ~ .le
"a..a5 ~ eI..nJo,: .",,,s J"y y. " ,sa,..st w.
;sc... .In. -" .:,.,,+o ss,h - .t..s - ~
Luz. ,n". sn - "e a.. $50 :s.s ~ Me.s.
LII "a ~" ST.. nr;ho Az. ..a.a ai,s;ImaS
49," 81" " CO. ~ ,.a.,I%h,. 49,. 80,
~ h.ys .rr.ny.d IN Ca,rrcss the sole md s,.'
.h,.:.,. , n ror,,ia,;n1 ~ t..Ja "a
,,,.n.o;n,, .ll .ff,;rs ,v;,h Ihe Tnd;ans ~
,,on,h ars &c s,,t. and theo n Nave .dd.I ),
,:h;oh ,vnn,d h.vs sfF.ctn.llv nray.t,t'
~ thon, rron, ~ sxsrc;ss of TIC no,rar r.
III. S;",, ,hs trsatv ~ Hols,nn nf ,zas =
i';nd;os n,dar ,hs ci.nse of tia ~ nsijtniio,.
which nrov;dss that g all debts contrarts. ma
enra r.rn.nts. en.ered INTO before tha Adon-
,;nn of th;s constitution. shall he ns valid 4.
c,;nst he Tinted states under this coostitu.
finn' nc under the confederation" But the
mower 70 regulate commerce. with the Indian
tribes. not only was intended and believed to
have excluded state jurisdiction over them,
but such is the necessary consequence Of the
grant of the power. 1t has been before sta
ted to be exclusive, and Of consequence, 1t de-
MES 10 the states, the exercise OF Jurisdiction,
in the regulation ofcOnmerce& with the tribes.
But want Of power to regulate commerce
or intercourse with them, is q want at power
to affect them, in any naonner, ~ Legislative
enactment. The very Circumstances, that In
tefcourse may, AND must Toe had Win them 10
some form, is conclusive, that they are consi-
dered and to be treated ~ a community DIS
tinct from our own citizens. NOW, now can
a state legislate over body OF men, with
whom they are prohibited from having any
intercourse, except Under regulations prescri-
bed by Congress There IL no subject, there
| is neither territory, nor person, on which le-
gislaiion can act. II Georgia can Of right
mass law which operates upon the tribes, she
can en- force II: for It is idle to talk ofthc right
"a exfend ia laws TO them. if there il no con.
s,;t,,,;nr.l nnver "a carry Them into rffect-