Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1831-12-12

whether in all treaties with the Indian tribes
there 10 any stipulation, incompatible with the
exercise Of the power Of legislation over them.
For If there were, the legislative power Of Con-
gress, as we'll as that of the respective States.
would be annihilated, and the treaties alone would
regulate the intercourse between the parties. But
on careful investigation, it will probably be
found, that, in none of our treaties with the
Indian tribes, is there any guaranty OF po'ltl-
power of legislation. These instruments are ge-
nerally either treaties of peace or Of cession.-
The former restore and secure to the Indians in
terests OF which they were deprived by conquest
and the latter define the boundaries of cessons
or reservations, and prescribe the terms and con-
sderations, and regulate generally the principles
of the new compact. In both, every sound rule
of construction requires, that the terms used
should be expounded agreeably to the nature OF
the subicct-matter, and to the relations previous
" subsisting between the parties. Ii general
expressions are not controlled by these prlnci-
niles, then the term IS their land," or, as it else
where called, g their hunting grounds" instead
of meaning what our own negotiators and the In
dams themselves understood, that possessory
right, which they have heretofore enjoyed, would
at once change our whole system OF policy, and
leave them as free to sell, as it would individuals
or nations to buy, those large unappropriated
districts, which are rather visited than possessed
by the Indians.
1t may be remarked, that all rights secured by
treaty sipulatiOns are wholly independent OF TINS
question of jurisdiction. If the Indians are sub
iect to the legislative authority Of the United
States. that authority will no doubt be exercised
so as not to contravene those rights. If they are
subject to the respective States, such. too, will
be the course of legislation over them. And II,
unadvisedly, any right should be impaired, the
Indians have the same resort as our own citizens
to the tribunals Of justice for redress; for the law,
while it claims their obedience, provides for their
security. The supremacy of the State Govern
ments is neither inconsistent with our obligations
to the Indians, nor are these necessarily impair
ed by it. 1t may be difficult to define precisely
the nature OF their possessOry right, but no one
will contend that it gives them the absolute title
of the land, with all its attributes; and every one
will probably concede that they are entitled to as
much as is necessary to their comfortable subsist-
ence. If we have entered into any stipulations
with them-of which, however, am not aware
inconsistent with the limited powers OF the Gov
eminent. or interfering with paramount oblIga-
tons, the remedy is obvious. Let ample COM
pensation be made to them by the United States,
in spirit of good faith and lberaity. The ques-
of national character and national obligations.
That we may neither deceive ourselves nor the
Indians, it becomes US to examine the actual
state of things and to view these they are, aud
as they are likely to be. Looking at the circum-
stances attending this claim of exemption on one
side, and of supremacy on the other, is it prOba-
BILE that the Indians can succeed in the establish
ment of their pretensons? The nature Of the
aues,on--doubtfu, to say the least of it;-the
opinion of the Executives; the practice Of the old
err States, and the claims of the younger ones; The
difficulties which would attend the Introduction
into our system of third government. compli-
Gated in its relations and indefinite in ITS prnci-
plies; public sentiment, naturally opposed to any
reduction of territorial extent or political power;
and the obvious difficulties, inseparabe from the
consideration of such great political question,
with regard to the tribunal. and 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 remnants Of tribes
east Of the Mississippi succeed in the prosecution
Of this claim, would the issue be beneficial to
them. Immediately or remotelys
We have every reason to believe it would not;
and this conclusion is founded on the condition
and character Of the Indians, and on the result
of the efforts, which have been made by them and
for them, to resist the operation Of the causes that
vet threaten their destruction.
need not stop to illustrate these Positions
They are connected with the views which will
be found in the sequel of this report. And it is
not necessary to embarrass subject already too
comprehensive
A change Of residence, therefore, from their
present positions to the regions west of the Mis-
sissip presents the only hope of permanent es-
adjustment and improvement That it will be
attended with inconvenience and sacrifices, no
one can doubt. The associations which bind the
Indians to the land of their forefahers, are strong
and enduring; and these must be broken BY their
migration. But they are also broken by our CT
tizens. who every day encounter all the Difficult
ties Of similar changes in the pursuit Of the means
of support. And the experiments which have
been made. satisfactorily show, that, by proper
precautions, and liberal appropriations, the re-
novai and establishment of the Indians can be
effected with little comparative trouble to them
or US. Why, then, should the policy of this mea-
sure be disputed, or its adoption opposed? The
whole subject has materially changed. even with
in few years; and the imposing considerations