Herald of the times. [volume] (Newport, R.I.) 1830-1846, 1830-05-12

Of disproving the Indian right, it proves
a violation of that right. / trust it is too
late in the day, and SO enlightened as
this is, to contend that fact which is
a wrong, is a precedent to justify sim
liar wrong ; and that violation Of right
in one case, becomes a warrant for a
violation of right in all similar cases.
In the multitude of matters urged up
on our consideration, to show that the
Indian nations are not smi juris de .jre,
these are all which appear to me to have
the appearance of argument; for in the
rest, / confess / cannot see even that
appearance. 1t is said for instance, (and
notice it as a sample of the rest-ior it
would be endless to notice them all in
detail, that the Indian is an inveterate
savage, and incapable of civilization
Admitting this to be the fact, which by
no means do admit, what has it to do
with the question, whether his nation is
sun ju,is and competent to make trea-
ty? Is the Indian right less right be-
cause the Indian is a savage? or does
our civilization give us title to his right? !?
A right which he inherits equally with US,
from the gift Of nature, and natures God.
The Indian is man and has all the rights
of man. The same God who made us,
made him, and endowed him with the
same rights; for "of one blood hath he
made all the men who dwell upon the
earth" And if we trample upon these
rights; if we force him to surrender them;
or extingnish them in his blood; the cry
of that injustice will rise to the throne of
that God and there, like the blood Of
Abel, will testify against us. If we
should be arraigned for the deed before
his awful bar and should plead our boast
ed civilization in its defence, it would in
his sight, but add deeper damnation to
the deed, and merit but the more signal
retribution of his eternal justice. AS to
the civilization of the Indian that is his
own concern in the pursuit ofhis own hap
piness; If the want of it is a misfortune;
it is his misfortune it neither takes
from his rights, nor adds to our own.
AS to his being an inveterate savage,
and incapable of civilization, l do not
believe it; in that respect, i believe
he Is like the rest Of mankind.-
The savage state is the natural state of
man, and that state has charms to the
savage, which none but the savage
Knows. Man no where, at no time, ever
rose from the savage to the civilized man,
but by the spur of an absolute necessity |;
q necessity which controlled and could
not be controlled; it was not until he
could no longer live as a savage; or 60
where he could live as savage, that he
would submit himself to that incessant
labor and severe restraint, which lies at
the foundation Of all civilization and to
which nothing but education and habit
reconciles the nature even Of civilized
man. The wild and free nature of the
savage, unaccustomed to involuntary and
constant labor, and to the multiplied and
severe restraints of civilized society, re-
volts at the idea of that labor and those
restraints; and his strong repugnance to
them can only be overcome, as / have
said, by the force of an overruling ne
cessity. Ihave said this, not that dis
approve or would discourage attempts at
their civilization; but to account for the
only partial success, if it has been only
partial, which has attended those at
tcmpts; and at the same time to vindicate
the Indian from the charge of incapacity
for civilization; any further forth, than
as it is applicable to all mankind, while,
in a savage state. That very necessity
exists, and is beginning to exert its civ
ilizing tendency, where the tribes in
question now are ; but will no longer
exist if they are removed as is contempla-
ted by this bill.
Again, it is alleged against one of
these nations, situated not in one, but in
several of these States, that they have
been guilty of an act which forfeits their
right to live independently of State juris-
diction, and which requires that the for
feiture should be Immediately and rigor-
ously enforced. 1t is the act of their
having changed the form oftheir govern
mcnt for their own internal regulation
1t seems that to better their condition,
and with view to their own civilization,
they have discarded that of the savage,
and adopted the government of civilized
man. And it is government well de-
vised to improve that condition, s. insure
that civilization; a government that is in
itself monument of wisdom, that speaks
volumes in favor of their capacity for
civilization, and oftheir advances there
in, for it has every essential feature Of a
free and well balanced government. 1t
is evidently not work of blind imita-
ton for while it has followed the best mod
els, it hus followed them only so far as
they were adapted to their circumstances;
and it is original so far as their circum-
stances require it to be so-and where it
is original, it is no less admirable than
80. .y,,.f,t.,,o A.