Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1831-02-05

Wst d by possession.
The exclusion Of all other Europeans, necessarily
gave 70 me nson making tho discovery the sole right
OF acquiring the soil from the natives and establishing
Sc uemen's upon It, IL was right with which no Eu
roPeans could interfere Nwass ri. hit which all as
serted Tor themselves and the assertion OF which, bv
others, all assented.
These relations which were to exist between the dis
ana the natives were 10 DO regulated by them
While the different nations Of Europe respected In,
tgh' OF the natives, occupants they asserted the ul.
finafe dominion TO be in themselves.
he history OF America. from its discovery In be rrs
sent day. proves th H. the universal rec oen an oi
these principles.
Thus has our whole country been granted bv tho
crown, while i'm the occupation of the indians, These
grants purpor to convey the soil we'll as the right OF
dominion to the grantees o.
In the treaty Of 1853, France coded and guaranteed
to Great Britain, all Nova Scotia, or Acad a and C,n,
ia, with their dependencies and IL wa, agreed m, ,h
boundaries between the territories of the two nation,
amer,ea' should De irrevocaby fixed by line drawn
Iv "e source OIL the mississippi through the middle
Of That river, and the lakes Maurepas and
10 the sea- This treaty expressly cedes and has al.
ways oeen understood to cede, the whole country on
.ne English side OF the dividing line, between the two
cupied by the Indians
mus, all the nations Of Europe who have acquired
territory on this continent have asserted in
ana nave recognised in others, the exclusive right of
me dscovercr to appropriate the lands occupied by the
INDIANS Have the American states rejected or adop-
ed this principle! 1922
luton, Great Britain renquished all claim not only To
the government but TO the "property and terri,o aI
rights OF the United States" whose boundaries were
hxed I'm the second article. BY this treaty the
oil government. and the right to SOIL which had nrsv
ousy been In Great Britain, passed definitely to ines.
States. '1 W "e'e
cuit9rs's, merchants and manufacturers have rigbt
on abstract principles TO expe hunters from the
DRY 'ney possess or TO contract their limits Conquest
gives title which the Courts of the conquered anno
10 nd
INDIVIDUALS may be, respecting the original Justice of
me claim which has been successfully asserted IT,
D'i"sn government which was then our gov eminent
ana whose rights have passed 10 the United STATE.
asserted title to all the lands occupied by the Indian,
within the chartered limits oil the British colonies.
hut me tribes OF Indian, nhabiiing this country
were herce savages, whose occupation was war .nJ
whose subsistence was drawn chiefly from the for.,,
ave them in possession OF their country was ~
leave the counrya wilderness; TO govern them a,
distinct people, was impossible, because tbev We -
brave and as hgh-spred as they were fierce and rs
dencc. VS. ' '"uePcn-
what was the inevitable consequence of th, state If
things: The Europeans were under the nsoa;, o 81
her OF abandoning the country and renquishing their
ponrous claims to it, of enforcing those claims by
h smoru ana by the adopisn of principles adapted to
'"e cohdiion oil people with whom was impos.;hia
10 MIX and who could not be governed as disiinct So
ce,y' or oil remaining In their neighbor and CT
posing themselves and their families N ,ha .a,,
hazard OF being massacred.
- IRON the above principles, 1t Is clear that when
Georgia became, by throwing OF the Bri,;sh nos.
,ree' sovereign and independent state-.he as such
became entitled 10 all the rights which The Rr;sb.
crown, and the Georgia Colonial Government hacar.
possessed, among which the right % domnion -
yer all the tribes Of Indians as well as families of
whites, or blacks or muIattoes residing white -
boundaries. This right, Georgia and all her .;.,.r
states obtained by the Revolution and neither she nor
or any other State has ever
y 10 the Government of the United States whose Con
'titnton declares tha all the rights "not deegaed 70
The United S:ates," preserved TO the States resno
lively, or 10 the people" Massachusetts exercsos A.
non over me tribes oil Indians within her bound
al. 80 uoes, am so must every other state and when
indians commit murder here, we hang them a, We d
VINE men, and as the state of New York condemned
'rs"iaoI aepeea indian some years since, in case
Si'hn the Seneca reservation, Chief Justice Ambroze
>pencer, an old ederalis and now violent fomen,er
,. ,ne MOAN excitement (who was turned out OF Con-
sress by his constituents at the late election in Ne
ork In case decided in 1922 in the Supreme Conr,
y new york. OF which he was then Chief Justice Law.
own me following positions in giving the judgment Of
lErtraet from Judge Spenee,'s opinion1
, m a.ura born subjects" defined, by Blackstone
I 81 Comm 1861 TO be "such as are born within Tho
he legisnce Of the King" allegiance il tbs ,;a '
igdmenf which binds The subject to the King in r,rn
or mat protection which the King affords the subject
-, neg'"nee, ooh express and implied is of two sorts
ne one NATURAL the other local; the former being per
eoai' the latter temporary. Natural allegiance ia
uch as is due from all men born within the liz. 40 |
""n' immediately upon their birth; for Immediately
'p0" ns'r O'r'n 'hey are under the kings protection
"These Indian, are born in aIepiancs to Tho n,
nents OF s State, for our jurisdiction extends 10 eve
y part OF the State they receive protection from ms
md are subject TO our Laws" '''
"Being born within the State they must owe ,b,. |
government allegiance: and they cannot be aliens"
"For long succession Of years, we have exercised
an eh're supremacy over all the tribes within the
ate, and have regulated by law their internal con-
'ern'' t"eir contracts and their property"
al know Of no halfway doctrine on this sub;sc,
we ether nave an exclusive jurisdictions pervadino
very part oil the State, including the errtorv held bS
ne d,d, or we have no jurisdiction over their lands
" over them whilst acting within their reserva,;ons
i cannot be divided Empire: il must be exclusi,o 90 |
egaids fhem or u.s. and the referred 70 az well 40
ne actual state and condition OF the Indian tribes With
this state, shows that the jurisdiction is in This State
mo- consequently upon the principles of the common
fw' they must be citizens
lBetore dismissng this subject we wish IN mali. o
urther observation. IL the Indian tribes are fore;
y ations and independent Governments thew NAV on
~uston Houses admit foreign Manufactures enongb
MO me country perhaps in season. 10 sion eveTv
aciory In The United States and PROSTATE AT single
'iow' the whole American System.l
popular moral poet Of the lat century in sn,ms
a'n the subjects which then eAcit the aantion NJ
The English public, speaks Of v
--Ratts.feito, with his hair on .nd
-, al MS own wonders, wondering far hi, bre,d
me INGENIOUS hdHeJefo is gath err o nj. arees
or'' but the rare Of those whoee hair IL on end A. b
R n nnn.lA "A Il