Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1832-04-10
DOMESTIC.
AN EXAMINATION OF THE CHEROKEE
QUESTION: Continued

United States in the case of johnson ss Mcintosh thus
state The acknowledged principles "The United States
then have unequvocay acceded that great and broad
rule by which ts civilized inhabitants now hold this coun-
Try. lhey hold and assert in themselves the title by
winch 1t was acquired. They maintain, all others
nave maintained, that discovery gave exclusive right
TO cxiingnish the Indian title ofoccupancy either by pnr
chase or conquest and gave also right to such degree
OF sovereignty the circumstances OF the peope would
allow them 10 exercise
'Thc British Government, which was then our govern
men' and whose rights have passed 10 the United States
nsSereda title 10 all lands occupied by niians within The
chartered limits Of the British Colonies Ii asserted also
limited Sovereignty them, and the exclusive right
OF eXtinguishing the title, which occupancy gave them"
lthas already been shcwn, that this "c oi occupancy
was ertngaiSca al the earlier periods OF the history OF
The country by the single of possession and might,
agrccay the received principles be so exjinouished
now, IL The civilized governments disposed, within
their respective limits, TO adopt this summary process
Dut they have yielded TO better counsels. Public law
has been Moderated by public opinion and Indian titlc
ton and consent
1t is not difficult, however, suppose that cases may
arise In which resort 70 the ANTICIPATED practice might
become necessary Ifa tribe, in posse ssion OF large and
terrible district oil country, dwndlc down 20 few
individuals, utterly unable TO cultivate or occpy shei
hunnng grounds and these persons should pernacous-
~ refuse 10 yield any portion OF them .inguhe
oil their title at the will of the civilized would
DC DIS deiesoe as was the original occupation and appor-
tionment OF our country and more So For bcreoiorc
the game upon which the Indians principally depend for
subsistence has receded before Inc advancing settlements,
anu rcureu WIN Tie nonadic tribes who pursue them,
into the deeper reccsscs Of the Thus leaving
district destitute of the proper food of the Indians and
therefore useless to them. And this process has kept pace
with the progress of our settlements, and with the de-
mand for Incorporated territory. The Indians have
been generally willing TO relinquish, whenever the 20.
Vcrnent has been desirous purchase and the consdo
ration paid and secured, if properly applied by them
would probably be more valuable than any product they
could receive from the cedcd districts Should however
me case at any time arise, when, Vael expresses it,
individuals thus situated, be confined within mar
rover limits is 10 be hoped that every necessary ar
rangemen will be made for their immediate comfort and
future security That ample possessions will be assigned
to them; and the OF subsistence secured in the
mode 10 which they have been accustomed Thai tb.ir
wants will be literally supplied aud themselves reclaimed
from barharOus institutions, and life OF privatons and
misery TO the blessings of intelligence religion and TO
all the advantages of civilization.
1t is believed that the settlements in Australasia have
within the present generation, been commenced upon the
original principles already discussed. There is no evi
uehce OF any prior or conemporaneous arrangement with
the natives, Tor the voluntary exngushment of their IL
ue But possession taken without asking their con-
sent; and that great continent NAV hereafter exhibit as
ulS country nov exhibits, memorable example of the
benefits OF maritime discovery, and of the PRINCIPLES
which in modern ages, il has introduced
81 or long succession of years." saws the Supreme
Court OF New York, have exercised an entire s,pr,
macy over all the tribes within the State and have rcgu.
ia'ed oy law iher internal concerns their and
their property"
The American Commissioners at Client in their answer
10 Inc extraordinary propositions Of the British Commission
crS concerning the Indians, living within the IT, : acs
very pernendy remark, elf the United States had now
asserted that the Indians within their boundaries who lad
acknowledged the United State. as their ool,, nr,,o,
were Their subjects, living only al SuGerG3ce their
lands lar from being the first in making thai assertion they
would only have followed the example uniformly and un-
veraiy asserted in substances and frequently avoyod in
terms by the British Government ITSELF
ne justice oil these observations il confirmed by the
whole tenor OF colonial history. The treaty of Utrech,
provides, that the subjects of France inAabiing Ca
n"la and others, shall hereafter give hinnce or mo-
es,auon TO the Five nations can:ons OF nlaus subject
to tie dominion Of Great Britain nor 10 the o,cr ,a
ionsof AcFica, who friends Of that alliance In ike
MANNER the subjects of Great Britain shall behave item
serve peaCeapy towards Tie Americans, subjects friends
"But it is TO he distinctly and exactly settled bv Com
ms:ioner' who are, and who ought be accounted the
subjects and friends OF Britain France" These sub
ects friends and allies, Ike the allies Of the Imperial
Republic OF antiquity, enjoyed such portion of political
power, az circumstances allowed"
The memorial delivered by the British Kings Ministers
June Z, l75j, to the Duke de Mircpoix relative 10 Inc
French construction Of this article in the Treaty contains
one OF the frequent ayowals, OF the principle laid down
by the Commissioners.
Ihc words of this Treaty are clear and precise i G.
The Five nations Cantons subject 10 the dominion of
Great Bran; which, by the received expedition of all
eaues must relate TO the country well the per-
sons of the inhabitants tits what France has acknowlcr-
cd in the most solemn manner; she had well weighed the
importance of this acknoyedg ncn at the time OF .inn
this treaty, and Great Britain give il up
The proclamation othe King OF Great Britain in 1863 is
evidently cOnirmaory of the general vieyys II declares if
TO be the royal will and pleasures far the present. TO re-
serve under our sovereignty protection and domnon for
the OF the said Indians, all the lands territories &c
1t grants and processes 20 grant nothing the Indians but
Restraints BlSh SUBJECTS Tor purchasing taking
sion O Indian lands II merely reserves at TOO f0
The present, the land in the occupation of the Indians for
their uso leaving its subsequent dispositions and the course
OF the British crown in relation 70 it, he determined v
subsequent events. Ii establishes noinr permanently
andrcnqushes nothing eventually but changes The prac-
flee of taking possession without tie knowledge of The re
gal government, which had before prevailed practice
which had aliended the affections of the Indians and cas
ed them 10 rally rond The French standard; and thus cna
pied the French, with inferior resources and numbers
America, TO contend with their rivals for supremacy during
century OF actual and of wariie peace Alter the
great prize upon the hcighso Abraham and the
treaty Of Paris had transferred the dominion OF Canada t
Great Britain, the British government sincerely attempted
to conciatc the Indians Almost the first in their series
oil measures, was this proclamation While proceeded
upon the general assumption OF jurisdiction aad Gtle IL
still TcscrUcd FIR The present" the territories occupied biz
the Indians But it parcaNYh no rights claimed or :.
erciscdby the These romlincd after the procl.
nation they existed before. and TO be asccrtancd in
dcpcndenily OF that instrument.
This branch of the subject shall be ciosaI nv extracts
from the statutes ofhrcc different governments al of which
but one, arc of comparatively date whose o5ga.
ton has not been questioned and whose ujsU6iq author-
~ cannot be.
The first is section Of act ofthc British Parliament
OF the Bis Of George III, passed. August Ill., 1906
"lhai from and after The pisg OF dis act, ~ Oftnces
committed within any Of The indn territories or plrs Of
America moi within Che limits Of either OF The said Proyin-
ccs Of lower Upper Ctnlja. or Of any civil government
Of The u. States Of America shall DC, and hall be deemed
to be offences Of the nature and shall 90 tried n the
manner, and subject Che punishment ell, DO
Lower or Upper Canada"
! ffhe second IA siatutc Of Sew York, passed. $500.
"Ihe several courts Of justice organized under Hc con-
stuiion and laws Of this State, possess ths soil ana cX-
elusive Jurisdiction Of trying and Furnishing IN Che man.
prescribed by law, all persons, well Indian and
boundaries o. ls Sae, excepting only ruch 80 ezca