Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1832-03-20

usurpation?
While these States Were colonies, this power, in
its utmost extent, was admitted TO reside i'm the
crown When our Revolutionary struggle com
menced, Congress was composed of an assemblage
OF deputies acting under specific powers grant
ed by the Legislatures, or conventions OF the
several colonies 1t was great popular movement,
mot perfectly organized, nor the respective
powers of those who entrusted with the ma
nagement OF affairs accurately defined. The ne
cessities of our situation produced general con-
vlcton that those measures which concerned ALL
] must be transacted by body in which the repre-
sentatves of all were assembled, and which could
command the confidence of all; Congress- there
fore, was considered as invested with all the powers
of war aud peace and Congress dissolved our con-
neXon with the mother country, and declared these
United Colonies To be independent States. With
out any written definition of powers they employed
diplomatic agents To represent the United States at
the several Courts OF Europe; offered negotiate
treaties with them, and did actually negotiate trea-
ties with France From the same necessity, aud
on the same principles, Congress assumed the ma
nagcment of Indian affairs; first i'm the name of these
United Colonies, and afterwards in the name of the
United States.
Early attempts were made ut ne collation. and TO
regulate trade with them. These not proving sue
cessiul, carried on under the direction and
with the forces of the United States and the efforts
To make peace by treaty were earnest and ncessant
The Confederation found Congress in the exercise
OF the same powers of peace and war, in our rcla-
tons with Indian nations, with those of Europe
Such was tue state OF things when the Confedera
ton was adopted. That instrument surrendered the
powers of peace and war to Congress- and prohibit
ed them TO the States respectively unless a State be
actually invaded cor shall have received certain adj
vice of resolution being formed by some nation of
Indians To invade such State, and the danger so
imminent as not to admit of delay till the L. States
in Congress assembled can be consulted" This in
sruncni also gave the United States in Congress as
semhled the sole and exclusive right Of Regulating
the trade and managing all the affairs with the In
/ StatCS.
That the legislative power of any State within its
own limits be not infringed or violated"
The ambiguous phrase which follows the grant of
power the United States, was so construed by the
States of North Carolina and Georgia as to annul
the power itself The dscontents and confusion
resulting from these conflicting claims, produced re-
presentations TO Congress, which referred to a
Committee, who made their report in 1857 The re-
port does not assent to the construction of the two
States, but recommends accommodation, by liberal
cesslons of territory, by admission the part
the powers claimed by Congress- The correct EXPOSE
ton OF this article is rendered unnecessary by the a
dopton of our existing constitution. That instrument
confers on Congress the powers of war and peace;
of making treaties and of regulating commerce with
foreign nations, and among the several States, and
tCith The Indian tribes. These powers comprehend
all that is required for the regulation of orr inter
course with the Indians. They not limited by
any restrictions their free actions The sackles
imposed on this power in the confederation, are dis
carlcd.
The Indian nation, hadawaysbeen considered as distinct
independent political communities, retaining their original
natural rights the unlputcd posscssos OF the soil from
time immcmoral, with the single exception of that i'm
posed by irresistible power which excluded them from
intercourse with any other European poienate than the
first dscoverer of the coast of the particular gion claim
cd and this was restriction which these European poen
tates imposed on themselves, well the Indians
Inc very term nation so generally applied to them
means ga people distinct from others The Constitutions
by declaring treaties already made, well those be
made TO he the supreme law of the land has adopted and
sanctioned the previous treaties with the Indian nations
tho
who arc capable OF making treaties The words reay''
diplomatic and legislative proceedings, by ourselves.
having each definite and wen meaning
We have applied them TO Indians as we have applied them
Oh me oer h'uohs Oh inc ear'-ihey are applied to all
in the sense.
Georgia herself, has furnished conclusive evidence that
her former opinions this subject concurred with those
entertained by her sister States, and by the Government
OF the United States. Various acts of her Legislature
have been cited in the argument, including the contract
OF cesson made in the 1902 all tending prove her
acqueScence in the universal conviction that the Indian
nations possessed full right 10 the lands they occupied
until that right should be exiinguished bv the United
States with their concent that their territory was
rated from that of any State within whose chartered limits
they might reside, by boundary line established by trea-
ties tha within their boundary, they possessed rights
with which no State could Interfere; aud that the whole
power regulating the intercourse with them was vested
in the United States review of these acts on the part
oil Georgia would occupy too much time and is the less
necessary because they have been accurately detailed in
the argument at the bar. Her series of laws mani
csS her abandonment oil these opinions appears have
commenced in December, 1928.
In opposition TO this original right possessed by the un-
disputed occupants OF country, this recognition
that right, which is evidenced by history i'm every
change through which have passed. is placed the char
tiers granted by the Monarch of a distant and distinct
gion, parcellng out territory in possession of others
whom he could NOT remove, and did not attempt remove
and the cesson made of his claims by the treaty of
The actual state of things at the time and all history
since, explain these charters; and the King of Great B-
an at the treaty OF peace could cedc only what belong
ed TO his These newly asertcd titles can derive
no aid from the articles often repeated in Indian
extending TO them, first, the protection of Great Britain.
and afterwards that of the United States. These articles
associated with Others recognizing their title self
government The very fact of repeated treaties with
them recognizes III and the settled doctrine of the law of
nations is that weaker power does not surrender its in
dependenccits right to self government-by assocatng
with a stronger, and taking its protection. weak State
in order provide for IFS safety may place seunder the
protection of powerful, without stripping itself
OF the right OF government as ccasng TO be State Ex-
amplcs OF this kind not wanting in Europe "Trbu-
ary and eudatory States Says Vauel,) do thereby
TO be sovereign and independent States, long
government, and sovereign and independent autho-
ry is left in the administration of the State the pre-
sent day. than State may be considered hold
ing its right of government under the guarantee and
protection Of one allies
/ The Cherokee nation, them is distinct community,
occupying its territory with boundaries accurately
described, in which the laws of Georgia can have no
force, and which the citizens OF Georgia have no right TO
enter but with the assent of the Cherokees themselves
or in conformity with treaties, and with the Com
gress The whole intercourse between the United States
and this nation is, by constitution and laws vested i'm
the Government of the u. States.
/ The act of the State of Georgia. under which the
plaintiff in prosecuted is consequently void and
I tho he iulOn