The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1837-10-10

day and has undergone the rigid scrutiny OF such
minds as Marshall and Story, and Writ and Ser
geant, and many others who have adorned the bench,
the bar and the Senate of our country, and whose
names give lustrc TO the age. My oblect shall be TO
present 10 The Country own reflections with refer
ence TO such decisions, treaties, and sainies as The
Court may conveniently consult should II be inclined
TO pursue the investigation.
shall pass by the discussion OF the rights which
discovery conquest conferred upon the nations OF
Europe over the ab9rigines OF this continent, barely
remarking thai all the powers OF the British crown
over the savage tribes inhabng this country passed.
by the revolution, the United States OF America,
and not TO the individual States. All subsequent
rights have been acquired by treaty slipulatons or
conferred by the constitution upon Congress.
The constitution of the United SAFES declares
that laws made in pursuance of H. und treaties made
or TO be made, are the supreme law OF the land, any
thing in any State constitution law TO the contrary
Notwithstanding.
The Indian tribes inhabiting this continent have
been algsys recognized as independent comnuni-
ties, capable of making treaties and OF sustaining
the relations Of peace ard war The United States,
says Chancellor Kent, have never dealt with these
people within onr national limits as cxiinguished
sovereignies They have constantly treated with
them as independent nations governed by their own
usages, aud possessing governments competent 10
make and maintain treaties They have considered
them as public enemies in war and allied friends in
peace fGode rs Jackson, % vol Rep. iii } The
Supreme Court OF the United Safes declared (6 Pc
treotv e Honsy. Ia s,rrs rder - seSaoyernment
was never intended b. the Chcrokees, and so 10 hold
would b. pervcrson OF the necessary meaning of
the Indians" In the same case the Court used lhe
following language I" Is il credible that they should
have considered themselves as surrendering to the
United States the right TO dictate their future ces-
sions and the terms on which they should be made,
or compel their submission to the violence Of icen
tions and disorderly intrudersP
All the treaties with the Cherokees from l7a5 up
"A
living under tbsir avn laws. The principaI proyi-
sions in tho,s ire dies have been thus summed up:
aPerpeur,l na,ce gr,nt Of land by The nation ex
press ion ,fion ofb,undaries to 1--WE in offenders
tskjng ref,ae among lhem Thot retaliation shall
celse3,he Exclusion Of the whites from The lands
retained By the indians Acknowledgement Of the
protection Of the United States and of no other
sovereign Whatever. Thai Congress shall have he
sole ana exclusive robt of eg,,laf;ng trade with
them and manaoiny an their affairs as mai body
shall think proper (trealy Of 1851 A solemn qua
ranty Ia The bcrnEees of an their lands not ceedad
That II shall Il. aains he law far white men ~ col,
lie on snch lands and sncb ;ntrnders ~ h. nnnsbed
as the indians Ihink pronern Judoe Peck,S on;nion
3 vol Rem d In tbe tyra,v of Hnnewell ,be Ehsrn''
KEGS are treated as nation and rbronohont that in
srument their dist;ncive character ~ senara,e no
liiical commnnitv Il kent nm and cIearly aclsnau,
lodged The treaty az Hnfsten in iSaI recoe
Mss ibam ne nat;.n "a ~ 10 Ch.roLaes
all their lands not thereby ceded Ali subseouent
treaties recoon;se and acLnou.led.e The oneralive
force Of these ,reatiesn Jndye Green's opinion s
vol Rem AZ
= ;,.a - . ,,
yuh.ra ~ -. y. mns " M
more snaynl nn ,,aran,isd nds aoaaa
hanna.r;as ~. saaa.i,, a. a,nd az eeueu,
tr ,hnsa r.,a.a IN ss.a,,a, az .,o,,7 any
the ;n,rsions ~ III nh;,ss - ,he ,hesa ,raa,;as
and have ihav re- osra,;wa fraa ~ snah ~ ;n"s,,
,nn, a Ly ~ =, " SUI ~ -. ISL
Ma. danhs.I Th VIZ hs ',. naa ne.ei
Presdan, ra,;6ed ny ,ha saDa,a pbI;shed ~, he
world - s,ch ana rsconissd m ~ h;nIas nd -
Was ,he fTn;,a1 S,a,sS o,ana, -. ~ o,, ~.
st;n,a,;ans ~ M s;aI !, ~ ehe, ln.o
,hama ~ IA th; a,.n : aD,e ~ Pen.oi
spnedlv hind ;,seif ~ asrms ,rh;cb !, oanid ~, ~
f1rca Win 4 bandc,i ~ r,da ,.n,,,ar,J go. (,
while 4, camneIad ,erf,rnan.o ~ ,La;a say
when thay demanded fI6an, ~ ~ pal Gnu
coldlv "a ;ntnrm ,hsm ~. aannn, oa,nl ,,n.,s
reiv mon the nsi;ce ~ N. S,a,.s IN * ,naa
mercies of ,he hnrdar;nr ~ ~, 49,, ''-1 'ie 'suei
Was !, a,,ar ar,a.nn,,a ~ ~
thew received ,be salemp ~ ne - 'h I mnea
states Of projection from ali Intrusion ~ ,he hi,es
that they were 10 become subject 10 a hody If laws
imnosed IN hem hv ,bs St,,as ,ha ,an ~ ~ rh;h
thew aid not even understand and % en,;ra,w Ais
similar 10 ali their HABITS and cusoms1 In he Ian
euage If The Sunreme Court of the Tinted ;,
IS incredible II would be peryersion Of LANGUAGE
tn sunnose 81 and 4 frand mn III Ina;aa -, %
il thai operation or Ala his Governmcn, IN No
formation Of these treaties 10 n,l,er Il;
a double sense 10 keen fbe word az nrom;Se n he
ear and break il 10 the hone ~ tn,st thai sncb mn,
mic faith will never stain our national character
In Worcester rs. the State of Georoia & p e,er,s
Reports $751; the Supreme Conf of The limited states
Nah ,ha, he Tbara In. STATES
ocrupvina he avn terr;,orv win ha,nd,r;as na
rately described in which The laws If Nor,b Gara.
lima could have No fnrca .nd which Nc ci.;,ans -
North Carolina had M riaht n enter bn, in ,ha
assent If The 1,herolrecS ,ha5ssios This anh,
i the ias case invoIvng his nneson ,rheh Pp
bson hefnre ths snnrema r, ~ TIn;,ad S., mas
tho univ ,r;hnnat rsc,njsad = H. mnaa,:.'i,
for The decision of snc5 ones.;nns Tba n,,;n;an
was nronounced NJ H., nrra haa r,ad r,an ea
nenturisi Cbief nsice MarshaiI whose axrasnns
f ,ie cn,;,,; ;u ~ asi n.y.
ment sef endnreS 'Tha ,na WA ~ ma. iIs'
stances Give 10 his decision nnns,.I soIa,,o III
;nnor,aSce Tha Ganr, Iii na, sIie -, Gnu