Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1832-04-06
DOMESTIC.
THE INniAnr n1i,.l..,.,o

Our columns to-day. are occupied exrisiy. ,;,, . 49,
,sw o me inlan Question, under the aspect Which
{ mas recently assumed. We invite the attention of th
country TO this article II is fom tho pen Of one ei'
qualified by his intimacy with all that concerns our In
Justice TO the subject Globe.
: AN EXAMINATION OF TIE CUERoKrr
QUESTION
III hustbe consoatory 10 American and in fact :,
all wherever they may be- who REGARD with an~;e,,
'he progress and prospects of free principles touo ,b
world, uat There is sanitory influence our institutions
"ch IL II cannot prevent, heal without d iriv y,
danger those maadies to which all public bodies are Ion
ume to time liable In looking back upon the history Of
our career and prosperity. ard the generation has o vol
disappeared which laid the foundations obo;h MANI, o,;es
tioaeS cerGtg appear, each of which aeatcd the c,,
my IN MS own bret day. and some of which, either from the
agihiuueo OF the interests Involved from the Ncie-
nent that prevailed threatened the most serious conso
quences TO the stability of the government and the pros
pery OF the country But by the favor of Proydanco.
one aer another these have passed awav lenvnr o,,,
onoi and our institutions unscathcd. The prcses l,,
is not without lis own share of doubtful am, ,I;,, Wy
nons Let us hope that they will discussed i'm ,;,;,
oil mutual iorheaoncc, and arranged in pir, IF neutral
accommodation Our national motto should rcninI ne
mat we have become one from many; and the S,nne
ana the blessings which this Union has produced are -
be perpeuacd, we must seek in sense of nterest and
safety and in feeling Of patriotism, the true power o,
Upon the virtue and intelligence of the people we s,
rely IN our seasons OF danger They have Tins Ear becn
me ark OF safety 1t presumptous TO doubt tv
will be most eicacous, when they may be most wanted
The Cherokee question:, las been failiarv call
ed, is OF those which have divided nnblic no;n;
u may DO examined without offence any one: either IN
the State, which claims jurisdictions; TO the Executive Of
The general government, which has submitted lis SEMI
mems TO Congress and the people, the judicial trbu
nails which have been called upon to invesione !; oJ 10
aludicaie arising under it, We propose Win IN ~
freedom which is The privilege of an American citizen
but at the same time, with that respect which j. due TO
these high authorities, TO review and discuss this sb
truth is always valuable. and it is best attained bv dilrn
enquiry The public mind will eventually decide b;s
matter as it has decided many others wisely and
~; and in the mean me every contributions however
humble, the general stock of information NAV he sG
harmless th;s
we proceed 10 the task before us.
without narrowing the controversy single point we
understand It, IN general terms, be this Has The State
OF Georgia right 10 extend her laws over the Cherokee
lands within her boundaries? The consideration OF ths
subject will lead 10 the investigation of those p,incis M
intercourse wlch have been established between civilized
and barbarous and TO retrospect of the practice and
profession OF the different nations who have nj ,ro 80
lonies in America.
when the Europeans landed upon tns continent tbev
iound inhabited by numerous tribes ofsavages indepe
dent Of another, and generally eponged In l,os,,;a,
These in the rudest state OF barbarism hinl,
scattered over an immense region sussng PRINCIPALLY
by the cha"e and by shing destitute and scen
ces Ignorant OF the true principles OF regulation and mo-
raly, acknowledging laH but the law OF force; ard
Taught from their infancy, by prccept and example, that
war was The great business OF their lives, its dangers
and giorfcs the great object of pursuit Such were tho
Indians them and such they now wherever teir on
TACT WIN the white man has not changed their primitive
ages, 10 produce such deporuurc o,.ev,s 49,,
fortunes OF these people, influenced by other
motives and governed by other principles We viii not
here enquire, whether, in taking possession of The country
IN reclaMng II nom state OF nature and in
foundation OF that invaluable heritage, which las come
down 10 us,thcy right orwrong. We shall cnleayor
hereaiiero show that the great command, 10 be fruitful
and multiply, and rcplenish The earth and subdue H. has
been considered one ofuGiyersai Obligation. That ci-
vized community has right go forth take posses
sion of unoccuped and uncullivaied reejonshot ~
hunting mgratuns OF noGadc tribes do not constitute suc
an occupancy ought 10 give them exclusive tte ia
more territory than 10 necessary for their comfortable sub
ss'enCe, in the mode TO which they have been accustomed
That Nael, The great eXpoufdcr OF the law Of nations
right and his associates in this nycsigai when
they maintained, ''tha the cultivation OF he soil was an
obligation imposed 10y nature upon mankind; ard that
The human could well subsis or greatly multiply
il rude tribes, which had not advanced from ne hunter
state, were entitled 10 claim and retain all the boundss.
forests through which they might wander. If such peo
pie musurp territory than cy,cansubduc and cuI
ivae, they have right 10 complain fa nation of cfiva-
on This subject and has been maintained by Vatel by Locke
by Monteequieu, by Smith, by Martens, and by many
others. Principles sanctioned by these names can lie
neither unreasonable in themselves, unjust in theii
consequences however they may be jccrcd shaine-
less and shallow"
These two races Of men, under circumstances 60 dc
erent and with objects ireconceabe are in the pro
gress OF events brought into contact with another
They cannot exist IN independent attitudes The
the is to subdue the earth extend over il the bls
sings OF cultivation and civilization, and provide per
manent residence themselves and their po,terv Tb.
effort Of the other is 10 repel the invader who comes
them: To commence and continue series Of wars il
which barbarous trophies Of victory may he osned an
bahaous glory acquired: In which warriors may 70 ortl
to plumber TO devastation, TO death and return toeNhhi
their spos and recount their feals: Return to strife IN
posi- IN thelr naive village, and tell the deeds which have
r. spread ruin over The land OF the white To stimulate
themselves aud others TO fresh cSerions by the applause
ofthe surrounding muGudc--alwnys more generous a
the work OF the spOiicr is cruel
II must not be forgotten, that abstract speculaoas upo
topics like these, seldom promote the cause truth TIN
~ investigations are emineny practical depending for he
so'uon upon the common Of mankind, applied 70 tn
relative situation OF the parties Principles carried 20 the
extreme, will be found inconsistent with the best establish
cd regulations of society: and have fact msed man
enthusiastic men who with zeal than Judgment, hay
entered upon their examination.
What, then in the position in which these parties ar
placed, is TO he done' II the barbarian acquire the ascen
dancy, his rival Is not merely conquered but destroyed
# the contrary the civilized man assert and maintain ia
be preserved And even if must fall the lsw Of SC
9. defence gives 10 either The right of conquest.
d II follows, therefore, that the communities springn
up in the heart Of houndlcss wilderness had right
assume such jurisdiction the barhaious pcop
around and among them, necessary the safety
both; and 10 assume This, poaccaby foTcbly, IN
Of events might require. The great object gou
their uieority TO teach them their existence RI
qured that their passions should be restrained their wal
- like pOpcnsics subducd and the peaceful duties Of W
encouraged and promoted A peace to-day anda war &,
morrow, and the establishment Of mutual independents
= would never effect this Nor would promises and proic
& sons and conventional obligations Feeble, indeed, wou
be such barriers against the tide Of Indian power, impel
- / cd by Indian passions.
Under such circumstances Jurisdiction is well assume
and its must depend upon the opinion OF dom
nant party. Tho doctrine il well stated hy the Supren
Court. 'Thc United States" says Chief Justice Marsba
maintain, all Others have maintained that discover
z, gave an exclusive right oxugush the Indian tile
oil occupancy, either Nv purchase conquest and gave the
also rgh, 10 such degree Of sovereignty, the eli
of the peope them rx-rrcisc