Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1832-04-06
WOE. XXVEEF.---No. ROs.

and OF appreciaing their mporta1co And t,e ,,rrv NO
., assuming jurisdiction, SO inconsistent with the
ou""y pihciPe:of public intercourse is founded upon
ue moral incapaeityof one Il the parties
Know OF no ho way docttine this subject" says
Judge Spencer. ''We have either an exclusive nris,c
non, perNnang every part of the State. including the
territory held by the Indians or we have no iu-
over them, while acting within their rcserva-
ohs. here Is no principle short OF this which win stand
inc ,est oil examination Nor is it necessarily harsh in its
'Ppchuon The nature OF the intercourse already de-
e1su' world iead to the inevitable destruction OF the
weaker power, unless its operation were STAYED m M In
efsehuon oil o'her considerations Every hing short of
ms 'uste resort Is so much gained for cause of hu-
manly Ii the safety ofone party would Justify the com
pete suhugaon or destruction ofthe other were there no
intermediate measures which would obvidc such ncces-
sy The adoption of mesaure that can alone ncco,nplis
ms OBJECT Is not only proper but just What that is has
already been slsed in lis xIrcse EVERY ;ndocn
u', cVii2ed community is responsible God as is re-
pohsule Tor all IFS other ct soyeeigntv and IA mn b
man ,Ionnai 10 contend that the right of general i-
dcon does not exist, because il may be abused is 10
adopt one oil the fallacies of uecial reo
soners As much political and personal freedom should
DC ei'o uese savage people, may be compatible with
80 V'Je.S vi restraint anu security aud necessary
70 their happiness. This may vary as time and cir
vary. As the civilized border approaches the
ne'i"zeu region, the relations Of the parties undergo
ehange, At ist the Indian knows little of tbe white
man tic iears oil him, indeed but he and feels him
To- ny uesfees they approach and the precautions.
dictated by reason and approved by expcrience become
necessary jurisdiction must be assumed; but ills one 10
restraint not ogoven. The Indian is NOT fen nrenarod
Tor governments he is ignorant Of the institutions Which
.hc Stranger has brought and il would be unjust at once
10 subject him 10 them. Gradually ho,ever l acc;ro
hoMieuge oil their obligation. He finds that thew pro-
ect ie and property That injuries are not redresscd by
oood nor are strength and weakness tie measure of RICH,
ana wrong lie ivcs that they Just and understands
them sufficiently TO claim their protection and to render
obedience Their sheldmay then be cast over hiin-he
wan oil separation may be broken down. and entire ius
dicion assumed lie will then be subject TO equal ays
which have here and in the ''FaihGr land, been the
o. ages, ana the safeguard OF millions OF human he
ngS' re wii be freed from trcdanger Of turbulent pas
sons' and from the arbitrary sway of eadr man. .on,
DEGREES, which deaouuce the punishment OF death rpon
any one proposing TO transfer his rights and escape from
an oppressive thraldom country which otsrs overv
prospect OF comfort and Improvement
~ iSobservedby Mr.. Justice Mclean "tla the exercise
TINS independent power, (efcrring TO the right of the
indians to maintain separate govcnmets surely does not
become objectionable as it assumes the bo az ms
ice and the forms of civilization Would IL not be sin
Suar argument to edm that long as the Indians 90
themselves by the ride and the tomabayt Iii; 80
Verhinent may be Tolerated; but that suppressed
as soo az 1t shall be administered upon the cnjglened
principles Ct reason and justice"
On the contrary We think course Of thnqs can he
more natural While the Indian il in the rude condi,ion
alluded to- he is as ignorant of the principles of lust laws
-, - uhil' 20 pc me sntlect oil their operations. How
ou ne DC punished lot crimes, OF whose turpitude
he has never HEARD How could he be prosecuted for
Heoe' whoi ignorant OF any obligations which these i'm
pose oScIpt 10 pay II no Pleases! How could the whole
legal machinery OF civilized lie operate upon one WHOSE
house Is piece of bark, whose subsistence is the spona
ncous Sf' OF nature who has lived without restraint and
who has looked inward upon himself nor oyarJs
iur'her than to follow the game, and to DESTROY his
piles OF reason and JUSTICE Is inlru ,uI
less these indeed are founded upon other principles His
rifle and torahawk may be converted into sspough-
share and pruning hook; in other words he becomes
civilized man. prepared for The duties and privileges Of
civilized men We speak here Of the process, and the
reason Off we have already considered its abstrae. JUS
Thus stands this question OF Jurisdiction upon the Ground
Treason Upon that Of prseedei and authority is not
sclear.
We need not transcrbe the pspol bull which in Has
divided The newydiscovorcd regions between the two ma
lions who, IN molern times, The earliest maritime adj
venturers isa document well known 10 require
particular examinations II declares, that we constitute
ordan ana 1ppont yon and your heirs and successors
Aforesaid lords OF the with FULL free and all man
ncr Of power, authority and jurisdiction"
These terms dud the practical exposition given to them
IN All succeeding times leave doubt OF the pretenSions
then established and which have been maintained
DAY Inc general doctrine was his;Ihe discoverer of
country not previously known any Of the civilized ma
tons Of the old world had right take possessions aud
to establish token of sovereignty He then became
iPSo dcfo, tho ghiiu owner Of all the land within Ger
tain distance Of this point What that distance was is
doubtful, and perhap5t was never uniform the earlier
English charters it is two hundred leagues.
When the country became known. boundaries were
prescribed, more orless definite the knowledge
ers against the approach OF rival dscoyerer always
been agreed. That within them, an absolute jurisdiction
vas assumed over all persons ana property has never been
GGcsuoned l recently An examination OF the subject
will probably show that the moe Of peaceably extnr,s
g indian title by voluntary arrangement, which IS sup
ppSen TO he practical disclaimer OF the rights OF ursdic
ton and property, has resulted from any doubts
original principles, nor Of the power to apply them But
has been owing partly political considerations and to
conviction, that TO acquire Indian title without the
OF the occupants could oIiy done at can EXPENSE as
General nox said in his Report in 1889 "ereatlv ex-
vauciug opinions Of the ago. and desirous
neiorang the condition OF this helpless and hopeless
race; and, consequently, be respected indication
of feelings and be followed as an example in
sproper application. Limiting it, it has heretofore been
limited, personal and private but extending it
political rights.
r Did the European nations assume the general powers
which have been stated, or did they merely "tbe
exclusive right Of purchasing such lends as the natives
were willing 10 sell :; and their charters agreeably
20 the opinion OF the Supreme Court considered as blank
paper far the rights of the natives concerned,
The question s ct present. historical one; as such il
may be examined without reference any moral duties
il may be supposed 10 Involve.
And % preliminary observation, il may be well
mark that al! the grants of European Soyercigns
intended TO convoy only right to purchase from those
who had right TO SELL their phraseoogy is the most IN
fortunate of any documents upon record. And besides
upon this construction rather suggestion, why have the
elementary writers entered into any Investigations of the
relative rights OF barbarous and civilized nations The
right to buy, could doubt Butha not the ques-
& lion which presented to the great tribunal of public
opinion upon the discovery of America, and which has
been 50 often Investigated and decided which the most
able ius have discussed, and traced toitsrs principles.
hat question is far different involves conflicting
whose opinions have quoted connected the discovery
Of America and the preon-ons and conduct Of the adVeI-
turcrs with the rights OF the barbafous people then first
made known Cbrisiendom, and decided that The latter
, nod yielded aud justly yielded TO the former But their
epcculfions would have been unworthy Of them
The subject itself II Tic whole question merely, who
should buy, md fairly buy The property Of the Indians.
Were they correct in their opinions that The charters In
Il voycd far onentous Consequences Let these in
srumeDts decide. Tho which granted TO Columbus,
lrcces, that 'inasmuch you, Christopher Columbus,
ogr ~ nd 81