Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1832-04-13

state OF "pupilage, described by Judge Kent And With
out suffering the question to be by preconceiv
Ell notions, not applicable to the relations of the parties
nor by those romantic deneaions Indian character and
condition. more crcdiabe the heart than the
wheh nave mlsied many worthy men, let enquire what
us' ne tne actual effect oil ubecng TO the ordinary us-
dicuon OF he laws, those tribes which have already CON-
ehceo the great career oil Improvements and made is
represented such progress qualify them for the task
oil eigovernment To who is ignorant of the con-
uoversy which has recently arisen of this subject
Tue answer VIII appear dspropoIoned TO the fearful
consequences which it is apprehended or alleped
Will result from this change. These halE:ciriKxed IN
did's ,cH become subject 10 the common a,p of Eng
a"d' WIN such temporary disabilities the respective
oa'e LEGISLATURES may impose till they prepared by
education and habits Tor its full enjoyment And is not
IN, preferable TO their present system OF poy All his
ory teaches that no free government can exist among
nan civilized people. 1t must become a desposm ruled
by one or lew And, five not wholly misintormed
the experience OF own Indian tribes confirms tho Gene
RAJ lesson III the Southern Indians have made those adj
Vances IN Improvement which many confidently assert
ana oeeVe, they cannot be injured by he operation OF
JUST laws III they have not, they unfit for the task Of
selgoveFnmcn'' and TO become the founders of an indie
pendent State.
We are induced to transchbe from the able and interest
,uS hePort oil the Committee Indian Affairs i'm the
House oil Representatives, made February "a 1890 the
account oil an incident in the history ofhe Cherokees not
unworthy oil notice at the present time.
"ln 1882 the Cherokees made a more formal and cere.
monious REIMBURSEMENT of their soveregnitv than onv
recorded IN the history of this country Besides the cere-
mony oil submission. which took place in general Council
OF all the Chiefs Of the tribe, Sir Alexander Cumming
as the Representative of the King, six of the PRINCIPAL
actually 10 nj
2d Tie Crown OF the Cherokee nation the feet of the
King, and acknowledged themselves subject to him in,
the same manner as their white brethren OF South Carolina.
were.' 800 O"
In enheavoring to investigate the effects of the various
Ueaues mat have been concluded with the Cherokees
upon me relative rights OF that people and the State Of
Georgia, we mot at the Threshold, by an objection
which, valid, terminates and forever the whole conro-
yersy 1t said that the form OF these Instruments and
the descriptive epithet naton applied TO the Indians
are iu recognition Of their independent position and
nat we are now pecuded from denying the legitimate
consequences flowing from admissions
In the examination of this topic, we consider IL wholly
unnecessary 10 enter into any verbal criticism respecting
Tue insulated meaning OF words. Whether the compacts
are called "treGfieS cOnrentions or as i'm some of
the New York arrangements "cOntrdcts - whether tho
parties are termed naons" tribes" hordes kraals or
cantons whether the interest secured them demo-
minated LANDS possessions, "hunting grounds" or
country" and held by assignment "ailotment' or
guarantee; all this is, in view altogether immaerj-
a.. AN indian camp with its duties and confusion and
dangers not favorable place for cautiously weighing
s precise meaning OF words is il possible translate
them literally and exactly into any Indian tongue. Our
language and The aboriginal ones radically derent
and as Mr.. Duponceau has well observed the plans OF
ideas are different. This difference is not one of idom
merely, but it the whole frame of their socot
aiei: Te h6oS therefore, TO the SPIRIT and
Instruments and 10 the previous and rela
TONS subsstng between the parties And wo construe
fact understood.
Our sovereignty the indians is Observation-Disclosures
men, therefore, sdpualon expressing that sovereignty
Is inserted IN an Indian treaty is merely declaraory not
auxiliary The right existed before the treaty. and il ex
tends to tribes with whom have yet formed trea
ties And of the power regulate trade to punish
crimes committed in their country or by their people in
ours and TO establish military posts. wheev er we think
proper All other governments have done these things
and much more and the Indians fully comprehend The
obligations they impose
If they have universally been supposed by themselves
by us and by others, 10 be under general supervisory
authority II their right TO the lands where they hunt and
hsh has always been considered possessory one merely
and II many OF The most important relations ubssng with
them have without hesitation been controlled by our go
vennent, and acquosced in by them whatever compacs
may be formed with them must be eXpounded with all tho
necessary limitations arising from this state of things nm
less these are evidently designed 10 change them.
II is remarked by Chief Justice Marshall that ths rea
y speaking OF treaty with the Delawares sin its lam
guage and III ITS provisions Is formed, may be on
me inodel oil treaties between the crowned heads of E
rope And farther "the third article abiding to the rea-
" oil Hoson' contains perfectly equal stipulation for
ule surrender oil prisoners And again; ga boundary is
described between nation and nation" ''The words
Hedfy and nation are words Of language, Sc
eced in diplomatic and legislative oceedinos NV
ourselves, having each definite and well understood
me aning We have applied them to Indians, we have
applied them 10 other nations of the earth: they are APP
Piled 10 all in the same sense"
We certainly dsrus ourselves when differing from
this most able and venerable man, who has expounded
and illustrated the Jurisprudence ofh country by series
decisions not less remarkable for their legal acumen
than for their depth OF research and the admirable powers
of generalization they display But this point is so essen
al 10 the progress of the discussion that we could not
pass il over in silence.
We do not investigate the nature of these Instruments
with view TO ascertain their validity This admit;
conclusion To prevent any inference from their FORMS,
which would in effect destroy the existing relations of the
parties Relations, whose practical operation is undpu-
ted, and which have stood the test of centxies Of
intercourse.
We cannot express the doctrine as well as IL was
expressed at Client where this very objection was urged
and perindcously repeated "The treaty of Greenvle'
say The American Commissioners, "neithcr took from the
Indians the right which they had not, of selling lands
within the jurisdiction of the United Staos foreign 60
vernnents or Subjects coded TO them the right of
ercIsng exclusive jurisdiction, within the boundary line
assigned 'cds merely decLdrdOrV Of the public fd,o
IN relation to the parties Odsd principles precious
ty and universally recognized"
The position Of the Indians is no doubt anomalous;
Europe presents nothing similar To demand that the
principles Of intercourse, which have been adopted shall
be reconced with the received maxims Of public law,
which govern the relations Of the civilized and ndepen-
dent nations, Is TO reject the universal practice Of all go.
vernmens who have founded colonies in the new world
and TO sacrifice the true interests of society to defni-
ton and deduction We not now called upon TO dis
abstract rights but TO investigate the actual Of
things Compacts have for century been formed with the
Indians, for the purchase of their possessoy rights AT first
the equivalent given scarcely deserved the OF
sdcalion Dr. Franklin says Kahn, the Swedish ira
weller, states that Rhode Island purchased with
pair of spectaclcs. And examination of most OF
these bargains before the Revolution will show that the
presents usually eivcnfor there in fact no actual
price arangedwere entirely disproporoned TO the value
Of the land To the United States belongs the credit
Of having introduced the system of annual payments
calculated If wisely applied by the Indians, TO relieve
their wants for indefinite period. These compacs were
termed treaties not in that accepiatOn Of the word, by
which II is applied to the adjustment of differences be-
tween independent nations, but in its general
ing, which extends to all arrangements for 'Ornng agree
mens between parties say, treaty Is ON the
pct, treaty OF marriages, &c and The treaty Of Hol-
wi Cbcrokoes NshaIi mot