Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1832-03-20
JAMES p. CARRELL, Secretary
~ The Virginia Legislature will adjourn this day or to-
morrow.
To THE EDIToRs or THE E.N,Qu1RER.

WAsHINGToN, March 10Th, 1892.
can hardly express the deep regret have felt the
neglect or refusal of Georgia employ counsel in the case
In the Suprme Court in relation the Missionaries Had
she done she availed herself ofsuch abilities her
Berrien and her Wilde, cannot believe the case would
have been decided has BEEN not one of those
that believe there is any transcendant ability in the
prcme Court; and having heard only sided
from able and Jealous men, and having, perhaps, some
prejudice prepossesson in least its members
in favor oil the Missionary side Of the question: has made
decision, which l feel deeply convinced is erroneous
and which may though trust il will not be followed bv
the most disastrous consequences.
In the mean time, permit through your paper TO call
the attention oil the public TO the following passage from
the 9Th oil the Articles Of Confederation, reced by pro-
clamaon Of Congress be found the 33Sth page of te
Land Laws-"The United States in Congress assembled
nave the sole and exclusive right and power of eguaing
the trade and managing all affairs with the Indans-,,of
members ofdny ofhe Sates-Prorded that the legisla
tire right Of any State tritin its o,cn limits be NOT in
Jiinged pioidted. Now should like TO know If the
Cherokees living at the time Of the confederation in the
then very heart of Georgia, not members of that
State III not, then could Indians be members Of any
OF the States, and the clause Of the articles coniedera
ton would be mere nullity But the expression must
be Interpreted so as to give meaning and operation 1t
must mean Indians living within the boundaries of the
States as those who members of any of the State. i'm
contradisncon to those who live in the Territory of the
United States without the limits of the States, and can
have no other construction
Again. This clause, giving Congress the rgh, of rcru
ang trade and managing all affairs with the Indians
makes this conclusive exception" Propided That the
iegsauve right oil any State within its own limits be not
iniringed violated" Now Sir provided what right of
any State be not iniinged' Why the RICH, to regulate
trade, and manage all the affairs with the Indians within
its own limits This is its plain meningitis only CON
srucfon-and will defy either stupidity or perverse in
genui,y to give itany other The glorious patriots who
framed and enacted the articles of confederation as il de-
termned to allow of doubt Of the right of State to e
gislae all Indians within her boundaries and oto
make assurance doubly sure, declare it first by restrict
ing Congress to Indians no members any of the States
and then it in the strong clause provided that
the legislative authority lover Indans) within its own
limits, be not infrnged or violated"
need hardly tell your readers, that the articles of con-
federation were the Constitution othe United States and in
force such at the time of the adoption of the present
Constitution The right them of legislaing over the In
dians being by those articles there reserved they are still
reserved under the 10th article of the amendments to the
Constitution, in the following words: "The powers not
delegated to the United States by the Constitutions nor
prohibited by it TO the Stes, reserved to the States
respectively or 10 the people,"
VIII suPeradd to the abeve that neither nor can be
pretended that there any thing the Constitution either
delegang to the United States prohibiting TO the States
the right or power of egislatng the Indians within
the several States and that the above article of the
amendments TO the Federal Constitution, reserving to
Georgia her ungranted rights the time of its formation
she still possesses the right given her by the articles OF
confederation oil egislatng the Cherokees or any
ouher ihsiahs Uithin her otcn limits. Q. L.. ID.