Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1832-03-20
DOEa EsaFqU.
THE CuEROKEE CASE


Opinion Of the Supreme COti, deiiucred by Nh Chief
Justice MARSHALL, january Itrn 1892
SAmL "A. WORCESTER u.s. TIE STATE or GEORGIA.
CORciWded1
The general views of Great Britain with regard
to the Indians, detailed by Mr. Stuart superin-
tendent of Indian affairs, in speech delivered nj
Mobile IN the presence of several persons of dis
tnction soon after the peace Of 1868. Towards the
conclusion, he says "Lasty, inform YOU that it is
the Kings orders TO all his Governors and suhccis
to treat the Indians with justice aud humanity and
to iorbcar all encroacments on the territories aIlot
ted to them; accordingly all individuals prohibit
ed from purchasing any of your lands but. as YOU
Know, that your white brethren cannot feed Won
when you visit them, unless YOU give them grounds
to plant, 1t is expected that YOU will ccde lands to
the King for that purpose But whenever you shall
nc pleased to surrender any ofyour territories TO his
majesty, IT must be done, for the future at n public
meeting of your nation, when the governors of the
PROVINCES or the superinte ndeut, shall be present
and obtain the consent of all your peoplc The
boundaries of your hunting grounds will be accu-
rately fixed, and no settlement permitted to be made
upon them As you may he assured that ali treaties
with you will be faithfully kept, so it is expected
that you, also, will be careful strictly to observe
them"
The proclamation issued by the King of G.. Rri-
tan in 1763 after the ratification of the arti-
Giles OF peace, fOrlids the governors of any of the
colonies To grant of survey; or pass PARENTS
upon any lands whatever, which not having been
coded to, or purchased by, us (the king) as aforc-
said are reserved 10 the said Indians or any of them
The proclamation proceeds and we do further
declare 1t TO he our royal will and pleasure for the
present, aforesaid TO reserve under our SOVEREIGN
y protection and dominion, for the use of the said
Indians, all the lands and territories" living to the
westward of the sources of the rivers which fall in
10 the sea, from the west and northwest aforesaid:
and we do hereby strictly forbid, on pain of our
dispeasure, all our loving subjects from making any
purchases, settlements whatever or taking nos
session of any OF the lands above reserved, without
our special leave and lcence for that purpose first
obtained."
q And we do further strictly cnioin and require all
persons whatever, who have either wilnly or mad
vertently, seated themselves upon any lands within
the countries above described, upon any other
lands which, not having been coded to, or purchas-
ed by us are still reserved to the said Indians ms
aforesaid forthwith TO remove themselves from such
settlements.
a proclamation issued by Gov. Gage, i'm I772,
contains the following passage: " Whereas many
persons contrary to the positive orders of the King
upon tins subject, have undertaken to make settle
mcnts beyond the boundaries fixed bv the treaties
made within the Indian nations, which boundaries
ought To serve rs barrier between tic whites and
the said uatious; particularly on the Ouabachc the
proclamation orders such persons to quit these coun-
tries without delay.
Such the policy of Great Britain towards the
Indian nations mhabiiing the territory from which
she excluded all other Europeans such her claims
and such her practical exposition of the charters
she had granted she considered them as nations Gu
pablo of maintaining the relations of peace and war
and she made treaties with them, the Obligation OF
which she acknowledged
This was the settled state of things when the wal
OF Our revolution commenced. The influence OF
our enemy established her resources enabled
her To keep up that influence and the cooniss haC
much cause for the apprehension that the Indian ma
tons would, as the allies of Great Britain, add the
arms TO hers: This, as was to be expected became
an object of great sOlicitudc Congress-Far from
advancing II claim to their lands or asserting any
right of dominion them, Congress resolved
that the securing and preserving the friendship OF
utmost moment 10 these colonies"
The early journals of Congress exhibit the most
anxious desire TO concilate the Indian nations
Ihrcc Indian departments established; and
commissioners appointed i'm EACH "to treat with the
Indians III their respective departments i'm iIe name
and ON behalf -oi the united colonies in order ia
preserve peace and friendship with the said Jndi-
sent connexions"
he most strenuous excrtions were made TO pro-
cure those supplies OF which Indian friendship was
supposed to depend, and every thing which might
excite hostility avoided.
The first treaty made with the Delayares i'm
September, I77S.
The language of equality in which it is drawn
oVlnces the temper with which the negotiation was
undertaken, and the opinion which then prevailed
IN the United States.
list That all offences or acts of hostility by ono
OF eIther oil the contracting parties against the other
be mutually Forgiven, and buried in the depth OF
oblivion, never more to be had i'm remembrance.
ed. That perpetual peace and friendship shall
from henceiouh, take place and sulsist between fhc
contracting parties aforesaid, through all succeeding
generations aud if either of the parties arc euoaged
III Just and necessary war, with any other nation
or nations that then each shall assist tire other in
due proportion to their abilities till their enemies are
drought 20 reasonable terms accommodation" &c
5d' The third article stipuates, among other
Things, free passage for the American troop.
through the Delaware nation, and engages that they
shail be furnished with provisions and other ncces.
saries at their value
eth. For the better security of the pooco and
friendship nov entered into by the CONTRACTING ,,or
tics, against alIfnractious of The sune by the CHI
Zcns Of either party, to The prejudice of the other
ng'thcr party shall proceed TO tc infection of pun
ishm5na on dc citizens Of tie other o,hcr,yis. thou
securing Qe oaendef or offenders, by iar,rison.