Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1832-04-10


"When the conquest is complete and the conquered
inhabitants can blended with the conqucrors, safely
governed as distinct people, public sentiment, which not
even conqueror disregard imposes these restraints
upon him. and he cannot neglect them without injury to
his fame and hazard to his power
But the tribes OF Indians, nhahing this country,
fierce savages whose occupation and whose sub
stence drawn chiefly from the forest To leave them
in possession their county was leave ihc country
wilderness; TO govern them distinct people mpos
sble, because they brave and high spirited as
they were fierce, and ready repcl By arms every
attempt ON their Independence
"Wha the inevitable consequence OF this state of
thing: The Europeans under the necessity elder OF
abandoning the country aud rcuquhng their pompouS
claims 10 it, enforcing those claims by the sword and
by the adoption OF principles adopted 10 the condition OF
people, with whom it was impossible TO mix, and who
could not be governed distinct society oroi remaining
IN their neigborood and exposing themselves and their
families 10 the perpetual hazard OF bcing n,assacred
"Frequent and bloody wars in which the whites were
not always the asreSSors, unaNoiaby ensued European
policy, numbers and skill pre-, allied A. the white popu-
aton advanced that of the Indians necessarily rccedcd
The country in the immediate ncighborhood of agro uu
rss became unfit for them The game ncd into thicker
and more unbrokcn forests, aud the Indians followed
The soil, 10 which tho Clown originally claimed title
being no longer occupied by its ancient Inhabitants,
parcccd out according the will of the sovereign power
ana taken possession OF by persons WHO cl1imed mmcd
aeiy OF the crown, or immediately through its grantees
depa4,ie,.
general, the relation between the Conqucror and the
qucrcd was incapable OF application a people unncr
such circumstances The resort new and diGe-
rule better adapted TO the actual state OF bincs
was unavoidable. Every rule which be suggested
will be found to be attended with great difficulty"
This quotation contains candid and able summary OF
tho circumstances in which these parties placed and
OF the causes, which led TO the system of ntecom-
municaton that adopted. There here Specu-
aons upon abstract rights, but the question considered
as practical one in the Investigation OF which ncw cir
cumsianccs required principles of action. The case
is fairly put Were the Europeans to abandon their
terpnze and return, they TO remain, ana Sudde
the edr, and establish the lasting foundations OF happiness
for themselves and their poserity History has recorded
their CHOICE the property of the new world attests
lCV IN ma tlara
medium between their destruction, and the entire
subug9lion OF the aboriginal They did all others
would have done, with similar circumstances. They ac-
CURED an asccndency which has continued the present
day. and must continue until these amalgama,ed
ornil they become cocquas in and intelligence
10 justify all the OF cruelty and oppression
which have marked the progress of the Europeans and their
descendants in this hemisphere equally uncalcd-or by
humanity ana justice, and by the defence of the principles
which they assumed and too often abused Still he who
regards human nature "a it is, and looks abroad upon
all that intelligence and industry have done and are
now doing, will scarcely regret the great change which
has been effected, wish tat the right ignorance and
oppression yet rested upon all this fair prospects that the
Genoesc navigator had yielded TO the inportuuic, and
nenaces OF his crew, and left half OF the world un
known 10 the other.
From this general review of the doctrine the common
taes and the practice these conclusions may be deuced
L. That civilized communities have right to take pos
session oil country inhabited by barbarous tribes TO as
sumo jurisdiction over them, and "to combine within mar
row limits or in other words appropriate to their own
use such portion of the territory they think proper
= Thatin the exercise of this right such communities
arc the judges of the extent jurisdiction TO be assumed
and OF territory TO be acquired
In the preceding Investigations the attempt has been
made to show that the rights of jurisdiction soil with
such notifications as circumstances might require, were
the necessary results OF the discovery settlement Of
America The proposition embraces the power over per-
ana l'iss because these subjects are closely
neccd in the elementary discussions and in the hsori.
cal review and because the consideration of both was con-
Vcnient Tor the course of the argument
But this union is necessary for any purpose which
mas required the present examination. And in its fur
'her progress the conneXon viii! be dissolved and the
enquiry will be confined the question of pd sxaI s,-
periory 1t will be conceded that the Indians are en-
titled sub nOdo to all their RIGHTS of propert ami ce
not be Invested of these without their own consent
But in the application OF the general principles to the
United States and TO the Indians in contact with them
preliminary question arises, resulting from the peculiar
form OF Government established in this country
is the general controlling authority over the Indians
States?
Iii obvious, that in the resolution of this question: the
INDIANS nave no concern Their rights, whatever these
may pc whether natural or conventional, wholly in
dependent oil this enquiry Ii is one which affects the
parties to our own government and is to be decided by
the Constitution which they have established And whc
ther that portion OF sovereign power which regulates the
rights and duties of the Indians reside i'm the members Of
this Union, in the united body ITSELF the relation which
inc TWO parties bear to one another, will remain unchang
ed.
1t may be observed in the investigation OF this subject
that TINS attribute OF sovereignty once belonged the
Vera States and still belongs them, unless they have
coded 10 the General Government. In the Constitution
of the latter therefore, this evidence ccs,ion must be
found before the power itself can be exercised
lhere are but three provisions in that Instrument which
nave the remotest conncXon with this subject
The power TO dispose of, and make all needfu rules
and regulations respecting the Territory other proper
ty of the United States.
This clause evidently refers TO territorial RIGHTS To
the power TO control and regulate these and not to the x
crcise OF jurisdiction Indians living within the con
try claimed by them. Ii is, ut all events inapplicabe TO
the Cherokee country in Georgia, TO which the United
States have renqushcd all their prccnsiOns Under this
clause OF tho Constitution Congress pass laws TO prevent
nrsons upon the public lands while at the same time
the lntruders subject the ordinary jurisdiction OF
the States within which such lands are situated The
power to dispose Of and make needul rules and rcaa
IONS respecting the property OF the United States te
power to exercise general jurisdiction over persons uDon
II, are essentially different and dependent The former
IS general and is given in the clause referred to- The
later special and il given in another clause and con
lined TO the federal district, and ''paccs purchased bv
consent OF the legislature of the State, in which the same
sa De' or e OF forts, magazines, arenals, dock
yards ana other nccdinl buildings.
e The power ''to regulate commerce 1rih FOREIGN ma
lions, and among the several States ,M the Indian
tribes"
1T will be recoleced that the subject OF the present
branch OF the enquiry is, where the ultimate jurisdiction
over the Indian tribes resides. Is il given TO the United
States by this clause? Certainly This power TO
regulate commerce. and not TO exercise jurisdiction. There
~ no necessary conncXOu between the vo subjects And
the effort in this instance unite them leads TO the ono or
The other OF two ahsurties Either tat Congress have
jurisdiction over foreign nations, that entirely different
meanings are to be given 10 the words ia the same
sentence. The power granted, is TO gulae commerce
with whom! I1Nt foreign nations and Icih the Indian
tribes and among the several States Can any reasona
bic version be given TO this sentence, by which shall
fact rcad-COngress shall have power 10 prescribe the
mode in which shall be carried on with orepn
nations and among the several States and with the Indian
tribes and shall also have Jurisdiction over the Indian