Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1831-12-15


we have divided political power between the confede
rated Government and its members, and TO which have
entrusted the exercise Of this supervisory authority but
whether the laws of give either any authority u
ON the subject But II the claim upon alleged con-
ven,,ona engagements, it may then be doubted whether
IN all our treaties with the Indian tribes there is any sti-
pulation, incompatible with the exercise the
gsaon over them Forfthere were Legislative power
OF Congress- well that the States would
be annhilaed and the treaties alone would regulate the
tercourse between the parties But on eul investi
gon viii probably he found, that of trea
ties with the Indian tribes there any of po
cal rights Incompatible with the exercise of the powerof
legislation These instruments generally either trea
ties of peace oil ceson The former restore and
to the Indians interests of which they deprived by
conquest and the latter define the boundaries of cessios
or reservations, and prescribe the terms and consdera
ton and TO regulate generally the principles of the
compact In both, every sound rule of construction
quircs that the terms used should be cxpounded
bly, the of the subject matter and TO the relations
previously subsisng between the parties If general
presons not controlled by these principles the
term heir land or, az it is elsewhere called 'thcir
hunng-grounds, instead of meaning what nego-
ator and the Indians themselves that posses
sorry right which they have heretofore enjoyed would at
as free to SELL as it would individuals nations buy,
those large unappropacd districts which arc rather visit
ed than possessed by the Indians
may be remarked, that all rights secured by treaty
stipulaons wholly independent of this question of m
risdcton If the Indians subject the Legislative
authority of the United States that authority will no
doubt be exercised contravene those rights
IL they are subject to the respective States such, too
will be the of Legislation over them And if
have the same resort as our own citizens to the tribunals
justice for redress for the law while claims their obe
dience provides for their security The supremacy of the
state Governments is neither inconsistent with obi
cations to the Indians these necessarily impaired
by it. 1t may be difficult TO define precisely the nature
OF their poSsessory right, but will contend that il
gives them the absolute title of the land with all its atr
butes and every will probably that they are
cnuied TO as much as necessary to their comfortable
slstence III have entered into any spulatons with
them of which, however, l not aware inconsistent
with the limited powers of the government interfering
with paramount obligations the remedy is obvious Let
ample compensation be made to them by the United
States in aspirit of good faith and beray The question
would be one not oil pecuniary amount, but of national
character and national obligations.
nat we may neither deceive ourselves the Indians
II becomes us TO examine the actual of things and
TO view these they are and as they are likely to be
Looking at the circumstances attending this claim of ex
empon on the side and of supremacy on the other
is probable that the Indians in the establish
ment OF their preensons? The of the question
doubtful TO say the least OF it, the opinion of the Exccu
tive; the practice of the older States, and the claims of
inc younger ones; the difficulties which would attend the
Introduction into system of third government COM
pcated in its relations and indefinite principles: pub
lie sentiment naturally opposed any reduction of terri
tonal extent political power and the obvious difficulties
inseperablc from the consideration of great political
question, with regard TO the tribunal the trial the
Judgment and the process present obstacles which must
all be overcome before this claim can be enforced
But could the tribes, and the of tribes east of
the mississippi succeed in the prosecution of this claim
would the issue be beneficial TO tcm Immediately or re-
motcy?
We have every TO believe il would not and this
conclusion is founded ON the condition and character tho
INDIANS and ON the result of the efforts which have
made by them, and for them, resist the operation of the
causes that yet threaten their destruction
need not stop TO illustrate these positions Thew arc
connected with the views which will be found in the
quel OF this report And it is necessary TO embarrass
subject already too comprehensive.
A change of residence, therefore from their nrcscnt
positions TO the regions Of the Mississippi
the only hope OF permanent establishment improve
ment That 1t will be attended with nconve nences and
sscces no one can doubt The associations, which bind
the Indians the land foreahers are strong and
enduring; and these must be broken by their migration
But they also broken by citizens who every daN
encounter all the difficulties of similar changes in the pur
suit OF the means ofsupport And the experiments which
nave been made, satisfactorily show, by proper pre-
cautions, and liberal appropriations. the removal and esta
bishment OF the Indians be effected with little com.
parative trouble TO them Whv then shouId the
policy OF this measure be disputed its adoption opposed
me whole subject has materially changed, even within
few years; and the imposing considerations now
ana which are every day gaining force call upon the
Government and the country determine what il rcouir
ed on our part and what shall be recommended tc
me Indians fthey remain, they decline, and event
uaiy disappear Such is the result of all experience
they remove they may be comfortably established ant
thelr moral and physical condition Moderated IL is GER
talny better for them the difficulties of removal
with the probability of adequate and final reward than
yielding to their constitutional apathy 10 s sill and ~
IRISH. ~ - ~ ~ w Po
The great moral debt we owe to this unbappv race i
universally felt and acknowledged Dvcrsites of opinion
exist respecting the proper mode of dsclarpino This ob
CATION but its validity is not denied And there ceainI,
are dnculties which may well call for discussion and con-
sideration. wa
in
contact with the Indians And this long period has beer
ruess in useful results, has been so in
having in view their Improvement Able men have beer
investigating their condition, and good men attempting I,
to improve it. But all these abors have been as
ui In the ISSUE many of them laborous and ex
pensve in their progress. va
The work has been aided by Governments and comm.
nes by public opinion by the obligations of the law and
by the sanction of religion. But its history furnishes
abundant evidence of entire failure and every tbinp
around us upon the frontiers confirms its truth The In
dlas nave either receded settlements advanced
ana united their fragments with some kindred tribe IN
they have attempted 10 establish themselves upon rcser-
vaons IN the vain hope of resisting the pressure upon
then and oil preserving their peculiar institutions Those
who are nearest TO have generally suffered most Sc
yerey by the debasng effects of ardent spirits and v the
loss oil their own principles of restraint few as these are
without the acquisition of ours almost all ofthem have
disappeared, crushed by the course of events mr.
driven before them Not instance can be produced in
The whole history of the intercourse between the Indians
~nd the white men, where the former have been able in
districts surrounded by the latter TO withstand
July the progress Of those causes which have elevated
one OF these and depressed the other Such mo-
nument OF iormersuccessul exertion does not exist
These remarks apply to the efforts which have been
heretofore nade and whose history failure are known
TO us But the subject has been lately revived with add
uona interest and is prosecuted with great zeal and
GNeruon; whether with equal effect, time must show
nat most OF those engaged in this labor are ac,ated bv
pure ana dsinteresed motives, do not question And
II in their estimate of success they place too high vane
engaged in task calculated enlist their svnpatbes and
awaken their feelings, and has been common TO all who
have preceded them in this labor Of phiIantbropy and
who, from time 10 time, in