Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1831-03-17
90M@wM ssr0MAHa
THE INDIAN OUESTION

tercourse with the Indian Tribes ani to p,s.s,y,
peace on the frontiers, passed the 80 h March, 1902
nv FEBRUARY %, 1881
have received your resolution OF the 18th inst re.
guessing me "io inform the Senate whether the pro
visions of the act entitled AD TO regulate
intercourse with the Indiso irbss and 10 preserve
peace on the frontiers passed The 30h OF March 1902
have been fully complied with the part OF the United
States governments and, if they have rot that he in
form the Senate OF the rea7ons that have induced the
to decline the enforce tent of said act
and now reply to the same.
According 70 my views Of the act referred TO- am
not aware OF any omission carry into effect s pro-
Visions In relation TO rsde and intercourse with the Ia.
dian tribes so far as their execution depended on the
agency confi!ed 10 the Executive.
The numerous provisions of that act designed 10
cure to the indians the peaceabe possession of
lands may be reduced substantially, 10 the foowins
ihat citizens OF the United States ed upds
sufficient penalties from entering upon the land. fer
ne purpose Of hunting thereon, or settling ,hau or Of
giving their borses and cattle the benefit of rang
upon Them, or of travelling through them without p
written permission, and that the President of tn.
United States lie authorized employ the m li,ary
OF The country to secure the Observance heso proys
ions. The authority to tho President, however il no,
impera've.-The language is ait shall be lawful for
the President, TO take such measures, and to employ
SUCH ni'ary force, as he may judge necessary TO re-
move from lands belonging TO secured by treaty to
ment thereon"
by the 10 section of this act il is provided tina,
nothing in II 'shail be construed prevent any trad.
or intercourse with the Indians living on I.nds sur
rounded by settlements OF citizens OF the U. States
ana being within the ordinary jurisdiction of any tn.
individual States" This provi.ion | have interpreted
az being prospec i've in lite operation aud az
not only Indian Tribes which at the date OF lie pas-
sage we're subject TO the jurisdiction of any State bu,
70 such also IA should hereafter be'one co. To this
construction OF its mesnng have deavored TO con-
form, end have taken 20 step Inconsistent with it, AZ
soon therefore, as The sovereign power Of TIE State of
Georgia was exercised, by an extension Of h.r laws
throughout her limits and had received inform lion
OF the same orders given to withdraw from the
STATE the troops which had been detailed orreven,
Intrusion upon the Indian lands wiha i and these
orders were executed. The reasons which dictated
hem shall be frankly communicated.
The ptinciple Recognised in qhe section las, quoted
wa' not Tor the FIRST time then evowed s coniorma-
BILE 70 the uniform practice of the Government be lore
he adcP ion Of the constitution, and amounts TO die
nct recognition by Congress at that early day OF the
doctrine tat that instrument had not vaied the powers
OF the Federal Governm, over Indian affairs from
what they under the article o. confederation 1t
- no believed that there lie single Instance in he L..
gtsauen oil tie country in which the Indiuns have
oeen regarded as possessing political righs, ndereu-
dent OF the control and aut ity the States win in
IN, The iIms o. which they relied a. early rs 1852,
the Journals OF Congress Will show that no claim of
such character was couneninced by that body In
that year the application OF tribe of Indians residoa
in Sonth Carolina, have certain tracts of land bich
had eeen reserved for their in that State secured
to them, free from intrusion, and wi;hou, ,h- ria hit
oil alternating them, even with thrie consent, was
brought u the consideration Of Congress by repor
from the Secretary OF Wsr. The resolution which was
adopted on tina, occasion is a. io'loss:
"Resoiped, That ii be recommended to the Lsgis-
lsure Of Sosh Carolina take such me asures for the
satisfaction and security OF said tribes the said LIE
gsiature in their wisdom may think Ii ="
Here is no assertion OF the right OF Congress- under
the articles Of considerations, to Interfere with the ju-
risdciion OF the States over the Indians within their
mi's; but rather negotiation oft. They refused {,
interfere with the subject, and referred ~, under
general .comme nd alton, back the ate 10 be dis
posed OF az her wisdom might de eide.
j., in addition to this aud the language of the
article OF confederation, thing further be
on the subject, il wil bc founr in lh- pIao il
susd by Congress in 1888. IT contains this language:
+" The United States, in Congress assembled have
thought proper to issue their proclamation aad do
hereby prohibit and forbid oil persons from making set
ten ents on lands Inhabited o claimed by Indians
without the limits jurisdiction of any particular
Safe" And again: &c ResOoed, That the preceding
measures OF Congress relative TO Indian affairs, sh al,
no, be construed to affect the territorial claims Of any
OF the States, their legislative rights within their
respective Imils."
M mt all the power In their relation with the Indians
to control oppose the internal lolicy OF the inv,u
al aies OF ti' Union; and il such the utd
the articles OF confederation, the only question the
subject since nvst arise out OF more enlarged
power OF au hor " given 10 the eneral Goverumen
by the present Constitution. Does any such cxiss
Amongst the enumerated grants OF the Con.ttu,ion
that which relates TO this suh il EXPRESSED in the
words Congress shaIl have power 10 regulate COM
merce with the Indian tribes" In ihs inter pre- aiic u
oil this power, Int certainly to be guided nv VIII Al
had been the practice Of tho government, aud the
meaning which had been generally attached TO the
receives oil the cid Congress 10 the words used con.
vey II do not clearly import different one tar az
II Affects the gues ion Of jurisdiction in The Individual
States The States ought net TO he Invested Of any
part OF their anteceden, jurisd lion, by npca ion or
doubtful construction. Tested by hi, rule il seems
TO me to he unquesonable hat the Jurisdiction Of the
States IS LEFT untouched by tit clause OF The Consu
on aud that il wac designed TO give 10 the General
GJvsrnment complete control the trade and inter
course OF hose Indians only who we're not within The
limits OF any State.
From view of these facts rsfrrr,d 10 ard he un;
o'm practice OF the Government, it Is manifest that
until recently. " has been that the
HghLo jurisdiction by State Ind ars within it,
tero'y was subordinate 10 The power CT the Federal
OovernmeDL That doctrine has not been enforced,
nor tV~n asserted, in any OF the Stses Of New Fog
land, where tribes OF Indians have resided and where
a few oil them yet remain. These tribes have been
left to III unds;urbed control Of the States in which
they were found In conformity with lbs view which
mas been taken oil the opinions pre- vdng up 10 1889
and the clear Interpretation If The Of 1902 ia the
State ot Nsw-Yofk, whe-e several t,b have resided
Il has been the policy OF the Government 10 avoid en-
erng INTO quasi-treaiy ebgag eDenis with them barely
appointing commissioner occasionally on the mart Of
The United States to facilitate The ohisels of The state
10 its negotiations with them.
The SjuheTn States present an e6osption IN mi.
policy. ~ early AZ 1881, the set l.nen,s within Ire
Unite al North Carolina advanced f,thsr IN fIs
Wee, than the authority OF the Stats TO enforce an
obsdienco OF s Iaws; others in similar condl.
ton Tie necessities, IN REF re- and o. the aeknoU.
edged ncipFs OF the Government, must have sug-
ges'ed the policy of treating with the Indians in that
quarter, AZ the only practicable mode Of eoncating
heir good WI. The United sta al that period had
Just emerged from protrac oil for tho ACHE We
ment OF their independence. At the moment Of s
conclusion, many Of he'e trtes, as powerful a. they