Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1831-12-12
REPORT OF THE SECRETARY OF WAR.
(Concluded.1

The condition and prospects Of the aboriginal
tribes within the limits Of the United States are
yet the subjects Of anxious solicitude to the 60
yernment. Circumstances have occurred within
a few years, which have produced important
changes in the intercourse between them and US.
In some of the States, they have been brought
within the operation Of the ordinary municipal
laws, and their regulations have been abrogated
by legislative enactments. This procedure rem.
ders most Of the provisions OF the various acts OF
Congress upon this subject imperative; and
crisis in our Indian affairs has evidently arrived,
which calls for the establishment of system Of
policy adapted to the existing state OF things,
and calculated to fix upon permanent basis the
future DESTINY of the Indians. Whatever change
NAV be contemplated in their condition or stu
a,,on, no one will advocate the employment OF
force or improper influence in effecting IT. 1t is
due TO the character of the Government and the
feelings Of the country, not less than to the mo-
raj and physical imbecility OF this unhappy race,
that spirit of kindness and forbearance should
mark the whole course of our INSTRUMENTATION
with them. The great object, after satisfying
ourselves what would best ensure their perma-
nent welfare, should be to satisfy them of the
integrity of our views. and Of the wisdom Of the
course recommended to them. There is enough
in the retrospect for serious reflection on our
part, and for unpleasant recollection on theirs;
and it is only by dispassi0nate examination of
the subject. and BY prudent and timely measures
that we can hope to repair the errors OF the past
by the exertions Of the future.
The indians, who are placed in immediate con-
tact with the settled portions Of the United States,
have now the alternative presented TO them, OF
remaining in their present positions. or OF mi
grating 10 the country west Of the Mississippi
If they are induced to prefer the former, their
political condition becomes subject of serious
consideration They must either retain all those
Institutions which constitute them peculiar pe0-
ple, both socially and politically, or they must
become a portion Of that great community which
is gathering round them, responsible to its laws,
and looking to them for protection.
Can they expect to MAINTAIN that quasi inde-
pendence they have hertOfnre enjoyed? and could
they SO maintain it, would the privilege be benefi-
cial to them?
The right to extend their laws over all per-
sons, living within their boundaries, has been
claimed and exercised by many OF the States
The Executive Of the United States has. on full
consideration. decided that there is no power in
that department to interpose any obstacle to the
assumption OF this authority. AS upon this CO.
ordinate branch of the Government devolves the
execution Of laws, and particularly many OF the
most important provisions IN the various acts re-
aulating intercourse with the Indians, it is diff
cult TO conceive how these provisions can be en-
forced, after the President has determined they
have been abrogated by state OF things incon-
si.tent with their obligations. How prosecutions
can be conducted, trespassers removed 6y mill
tary power, and other acts performed, which re-
auire the cooperation OF the Executive, either IN
their initiation or progress.
do not presume to discuss this question.
lind it determined, aud the settled policy OF the
~ in
diversity of opinion there may be upon the SUD-
iect, those who are most opposed to these views
will probably admit, that the question Is doubt
full one, complicated in its relations. and preg
nant with serious consequences. The claim OF
exemption from the operation OF the State laws,
which is presented in favor Of the Indians, must
rest upon the Constitution OF the United States,
upon natural right, or upon conventional engage
ments. II upon the former, it may be doubted
whether that instrument contain any grant OF au-
thurity to the General Government, which neces-
sarily tlivests the State Legislatures OF their ju
risdict,on over any class of people. living within
which can alone bear upon the subect seem to have
far different objects IN view. IL the claim rest
unon natural right il may be doubted whether
the condition and institutions Of this rude people
do NOT yiye to the civilized communities around
whom and among whom they live, the right OF
guardianship over them: and whether this view is
not fortified by the practice of all other civilized
nations under similar circumstances-a practice, |
which, in its extent and exercise, has varied from
time to time. as the relative circumstances OF the
par,ies have varied, but of whose Limitations the
civilized communities have been aud must be the
Judges. And besides, if the Indian tribes are
independent of the State authorities, on account
Of the natural and relative rights Of both, these
tribes are equally independent Of the authorl- |
ties of the United States. The claim, upon this
ground, places the parties in the attitude OF en-
f;rs Independence; for the question then is not
how we have divided our political power between
the confederated Government and its members,
and n which we have entrusted the exercise Of
this supervisory authority, but whether the laws
of nature give to either any authority upon the
subject. But, if the CLAIM rest upon alleged con-