The Arkansas advocate., 1832-01-18

FfiEta fiEst t-ls@a --1 :ss. ss | or, as Itls elsewhc called, Atheir hunt ing grounds iaslcad of meaning what our own negotiators and fhc Indians themselves understood, that posscssory right, which they have heretofore en- ioyed. would at once change our whole system Of policy, and leave them as free to sell, as 1t would individuals of na- tions to buy, those large uaappropria- ted districts, which arc rather visited than possessed by the Indians.
 IL may De remarked that all rights secured by treaty stiffall;:tioHs, are who'll y independent of this question of ju- risdietion. If the Indians are subject 10 the legislative authority of inc Uni- ted States, that authority will no doubt be exercised 50 sss noa to contrageno those rights. lfthey are subject to fife respective States, such too,will be the courseoflegislation over them. And if, unadxisediy .any right should be impair ed ,theIndians have the same resort as our own citizens to the tribunals of justice for redress; for the law, while it claims their obedience. provides for their secu- rliy. The supremacy of the State Gov ernments IS neitherinconsisten with our obligations to the Indians, nor are these necessarily impaired by it, II may be difficult to define precisely the nature of their possessary right, but no one will contend that 1t gives them the absolute title of the land with all it's attributes: andeYery one will probably concede that they are entitled 10 as much as Is neces- sary to their comfortable ubsistence.- live have entered into any stipulations with them, of which, however. am not aware ,lneonsistentwith the limited DOW efs Of the Government, CT interfering with Faramountoblgations, the remedy Is obvious. Letample compensation be made to them by the United States. in 2 spirit of good faith and liberalitY. The question would be one, not of pecuniary amount, but ofnationA character and national obligations.
 That NC may neither deceive our selves nor the Indians, 1t becomes IS te examine the actual state of things, and to view these as they aee, and as they are likely to be. Looking at the cir cumstahces attending this claim of ex- emption on the enc side. and of supre. macy on the otller,it is probable that the indians Can succeed in the establish H1ent of their pretepsionse The nature at the question, doubtful. to say the least oilt; the.opinien ofthe Executive; the practice of the older States, and the claims ofthe younger ones; tie difficult ties which would attend the intfoduc- ton into our systemof third govern ment, complicated inits relations, and indefinite in its principles; public senti-
 nent, naturally opposed to any redue- ton ol territorial extent or political power; and the obvious difficulties. jt,- sePaFable from the consideration of such great political question. With regard to the tribunal, and the trial, the iudp-
 nent, and the process; present obstss- eles which nust all be overcome before this claim can be enforced.
 But could the tribes, and the rem naIits of tribes, east ofthe Mississippi. succeed m the prosecution of this claim. would the issue be beneficial to them, immediately oricmotely.
 We have every reason to believe fl would not, and tlis conclusion is found ed on the condition and character ol the Indians, anden the resalt of the eff forts, which have been made by them. and tor them,t 10 resist the operation of the causes that yet threaten their des- truction.
 need not stop to illustrate these po- sitions. They are connected with the views. which will be found in the sequel oi thIs report. And it is not necessary to embarrass subject already tooeonl- prehensiye.
 4 change of residence, therefore from their present positions to the re. sioiss west oi the Mississippi, presents the only hope of permanent establish. ment and improvement. That it will be attended with ineonyeniences and sa- lcrlflccs, no one can doubt. The asso- citations, which bind the Indians 10 tI,e land of their foreiathers are strong and enduring; and these must be broken by tllelF migration. But they ara alsr, b,.,s ken by our citizens, who every day en- counter all the difficulties of similar charges Ill the pursuit of the means 0, support. And the experiments which