Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1832-04-10

uhier inc laws ami constitution oftle United States.
ana this statute was passed. and is in force while the
following articles OF the treaty of l79i with the Indians
upon womt operates, have been abrogatcd by any
arrangement with them. Their territories have indeed
been reduced by subsequent cessions but the conven-
nona, recoSnions of their political situation remain un
annued nor has there been any chance which could
condition.
The OH Art provides that .thc Six Nations and eac,
THEM will forever allow the reople of the United States
free passage through their lands aud the free use of the
harnor' and rivers o'oninT, and within their respective
tracts OF land Tor the passing and securing of vessels
their safety
Art Z. Lies; the firm peace and friendship now esa6
h'heG should be Interrupted by the misconduct of nd
vcuals, the United States and Six Nations agree that for
injuries done by individuals either side, no private re-
ves or retaliation shall take place; but instead thereof
complaint shall be nude by tie party Injured to Tie oher
ny the six Nations. any of em 20 the President
United States, the Superintendent appointed bv him:
aud by the Superintendent or other person appointed by
e resident to the principal Chiefs of the Six Nations,
or OF The nation % which the offender belongs and such
pfUush measures shall be then pursued shall be
sy 10 preserve Our peace and licndsbp unboken until
Che legislature (r great counci) the United States shall
mac o'ner equitable provision for the purpose
IT may be remarked, that dis ''oiher equitable proys-
ION does not affect the previous process which is be
provide some other mode Of redreng The injury In all
o'hcr respects, the parties he equal.
The following tho existing provisions of the Ac, of
Congress Of March 8, 1917:
THAT if any Indian other person or persons SHALL
Within the United States, and within any town. district or
territory, belonging any nation nations tribe or tribes
oil indians, commit any crime or misdemoanor which if
committed in any place district of country under the
and exclusive Jurisdiction OF The United States world
by the law ofte United States be punished with death
any other punshinent every such offender on heinz
ucrcoI convicted shall suffer the like punishment as is
provided by the laws OF the United States for the like often
ces, committed within any place district under tho sole
ana exclusive jurisdiction oil tho United States Pro-
vded, that nothing in the shall so construed as t
Affect any treaty. low in force between the United States
ana any Indian nation, extend 10 any offence COM
boundary ' ~
he right OF jurisdiction of civilized communities over bar
barous tribes in with them and not into the opera
non o. any conventional engagements, which may extend
or contract THIS right That question will be considered
hereafter.
With this romari in view is it clear chat the autho.-
rity which could enact such a statute could enact onv
statute upon this SubecU Could extend lis whole penal
code over the Indian territories include within tho
sphere OF its operation all persons obnoxious "a lis nenol
ues' This statute in fact practical assertion of unli
ted Sovereignty far respects tho natural rights OF
The parties by the repeal OF he proyso, would become
ready quoted,
=, The annexed section OF an Act of the Colony of New
York passed IN 1900, viii scw the opinions then enter
tanned oil their jurisdiction:
Whereas divers Jesui,s, Priests and Poph Missiono
RES nave OF late come, and for time have had their
III me remote parties OF this Province, and other
MS Majesty adjacent Colonies, who by her cLcJ a
Suo 'i''a'0"S lnGus'rousy labor 10 debauch seduce
Gu "''ngfaW 'e Ii6ianS from their due obedience unto
ms most Sacred Majesty and excite and stir them I'm IN
se0iuol, rebellion and open hostility against his Maesty,s
uo'ernmehE For prevention thereof BE il epac,od H.,
MS ENcelcncy hc Governor Council and Represcroiyc
IN General Assembly, and il is hercbv rnoctcd L %
thoi,y OF the sainc, that all and every Jesuit and Si
ElcS, Missionary DINER spiritual or ecclesiastical nor
SON made or ordained by any authority, power or iuric
ION derived, challenged pretended from the pons or
see OF A""e, now residing wiiu this Province or ony
part thereof shall depart from and out OF the same at or
before the first day OF November next in this present
year, one thousand seven hundred
''iRd be IL Jt,ther enacted, &c That all anil oror,,
jesuit, Seminary Priest, Assiouarv or other n;riti M
person. made or ordained by any authority
power OF Jun, cuon derived challenged pretended from
the Pope Or Sec OF Rome that shall profess himself o
otherwise appear to be such, by Prcachng and by teach
'lg OF oheS 10 say any Popish prayers by celebrating
mass granting OF absOiuons or using any other nj h
Fopsh ceremonies aud rites worship by what lame
hie degree sover such person shall be called o
Whosha continue abide, remain this Province
or any part thereof after the first day of Novenber
sad shall be deemed and accounted an Incendiary and
SiuDer oil the public peace and saiety and an enemy to
tie true Christian religion aud shall be aduged TO suffer
perpetual imprisonment; and if any person, being so SEN
ehcet ana actually Imprisoned, shall break prison and
ahe ms escape and be afterwards taken he shall suf
F sIch Ps'"S oil DEATH penalties and foeIure in case
The romance Of Indian history has prol,ced ios;or
not less Injurious than erroneous. Jealous but enthusiast
nc men, nave surveyed the condition ofthe Indians and
nave depicted as Ii never did exist and never can ex-
ISL while The integrity of their institutions i, preserved
heir HE Is essentially ofexposure Of want and of suf-
ering When the veil that had covered tle1 for aces
was Withdrawn, and they became known to the civilized
nations of the world they were found broken into
petty communities and in state Of perpetual hosties
war was their business and their passion: not to subdue
hut TO cXcrnnae. Not assert claims rejected nor 10
procure satisfaction for injuries comnitedbut to crafty
dian breast There was point of union between them
and The stranger, arriving among them Their habits
Ieeugs aud opinions, and all that constitute moral and
physical varieties in the human race were essentially diff.
iercn and after the lapse OF centuries are vet differ
ent there were seeds OF Improvement sown which
could vcGctaic No elements OF civilization were in ex
senco TO be moved and combined by some master spirit
y vast region oil country fitted support Inillon of hui
nan phgS, was unoccupied, only occupied by solitary
hunters AMI Wdor' who pursued their game or their
enemies, over districts crowded with inhahifanta
ana "ooundirg with all that renders life desirable.
The remarks Of Chief JusGco Marshall upon this subject
IN The case OF Johnson and Mcintosh already cited ore so
Just and Justly expressed. that they cannot be considered
out Of place in i5 discussion.
"AIthongh We do not mean TO engage in fbc defence
nj those principles, which Europeans have applied 10 In
dian tile they may Think find some excuse i'm the
character and habits ofic people whose rights have been
wresiod from them"
w pay here observe, Chat il The doctrine laid down by
tc Supreme Court at theirla term in the Cherokee case
that all TINT was claimcd hy lc British government was
the eXcGny1 right Of pprch1sirg such lands the
ives were willing 10 sci, be correct, The "pfincipe"
needs defence, could any "ghls wrcsied" from
thc indians by ia practical assertion.
"Thc tile ly conquest" continues TIE Chief JUS
tcc, " acquired aud maintained by force. The con.
qucror prescii5cs i's limits Humanity however acting
on public opinions has established general rule that
che conquered shall not bs W1nony oppressed and that
'cir condition shall remain as cnibc ae is compatibe
with The 5oci7 OF The conquest Most usually they are
incorporated with the victorious nation and become sub
jccs or citizens Of The government with which they are
CONNECTED. The ucw and old mcmaefs Of tho society
mIrgc with each other; ihc distinction between Them
Is gradually lot and Gcy ma'ts people When this
incorporation IL practicable humanity demands, and a