The Arkansas advocate., 1832-01-18

astrecoilcctlon3 on theirs; 4Ei fl ii5 ofs- ly by dispassionate examination of the subject ,and by prudent and timely meas I ures, that we can hope to repair the er- TOTS of the past, by tic exertions of the future.
 The Indians, who are placed in in- mediate contact with the settled portion Of the United States, have now the al- formative presented to them, of remains ing ill thelr present positions, or of mi grating to the country West oi the Mis- sisslppI. II they are induced to nre- fer the former, their political condition becomes asuhlcct of serious cunsidera- lion. They must either retain all those Institution, which constitute them pe- cullar people, both socially and politi- caiiy, or they must becomc=a 4 portion oi that great community which is gather ing round them, responsible toits laws, and looking to them lorprotection.
 Gahthey expect ttomaintainthat qaast independence they have heretofore en- joyed2 and, could they so maintain t, would the privilege be beneficial to then1.?
 The right to extend their laws over all persons living within their bounda- ries, has been claimed and exercised by many of the States. The Executive of the United States has, onfaneonsidera- tion, decided there is no power in that Department to interposc any obstacle to tine assumption of this authority. Ks upon this coordinate branch fthe gov ernment deyolves the execution of the laws, and particularly many of the most important provisions in the various acts regulating intercourse with the Indians, IS difficulty to conceive how these provisions can be enforced. after the President has determined they have been abrogated by I state of things in- consistent with their obligations. How prosecutions can be conducted. tres- passefs removed bymilitary power, and other acts performed, which require the cooperation of the Executive. either in their imitation orpfogress.
 
 do not presume 10 disci.ss tIis qscs- ton. find it determined, and the set tied policy of the Government already m operation. Whatever diversity of opinion there may .e upon the subject, tnose 2ilo are Host opposed to these views WIls probably adEBit, that tRe 9aesttohis aaoabtfal oac, complicated 
 ID lts fctatloHs, and pregnant with seri-. oaa consequences. Ihe claim Of ex- emptloi from the operaflonoffbe State laws. which ls presented in favor of tie Indians, must rcktuponthe Constitution otthe 0aitedStatcs, upon natural right. or upon conventional engagements. If npon the former, it may be doubted whether that instrument contain aoy grant ol authority to the GeueFal Gov ernments which necessarily dipests the State Legislature of their jurisdiction oyer any Class ofpeeple, living within their respective limits. The two pro- visions, which can alone bear upon the subject, seem to baYe far different ob. Jects in view. If the claim rest upon natural right, it maybe doubted wheth- CT tue condition and institutions of this rude people do not give to the civilized communities around whom, and amonr. whom they live, the right of guardian ship over them; and whether this view ls not fortified by the practice of all other civilized nations under similar clrcumstances-a practice, which in it's extent and exercise, has varied from tune to tune, as the relative circum- stances Of the parties have varied. but oi whose Limitations the civilized com munitles have been and must be the judges. And, besides, if the Indian tribes are,independent eftbe State au- thorIties, on.account of the natural and relative rights of both, these tribes are eqiahy independent of the authorities of the United States. The claims. upon tnls ground places the parties in the attitude ofentire independence: for the feess sea t!seii.. not ii,a wc nave diyi- ded our political power between the coniederated Government and ifs mem. bers, and to which we have entrusted the exercise ofthis supervisory authori- ty, but whether the laws of nature give to either any authority, upon the Sub Iect. But, if the claim rest upon al. legged conventional engagement. it may then De doubted whetherin all ourtrea- ties with the Indian tribes there is any stipulation, incompatible with the es. 'ercise ot tho power of legislation over