Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1838-02-09

not only TO have disposscssed Steele but to
have turned him out Of the country. For
1t is there laid down that if any of our
citizens enter the Indian country, and lnci,c
opposition to the execution Of the treaty,
you will ascertain whether there is any law
OF the State which can be brought 10 bear
upon them, and under which they can be
removed. lfthcy cannot be reached in this
way. 1t IS the opinion Of the President tina,
trey may be removed under he 9th article
ct the treaty, in which the United States
guaranty that the Cherokees shall be pro-
tected against interruption and intrusion
from cltzoos Of the United States, who
may attempt to settle in the country with
out their consent"
Thus it will be seen, Mr. President
that my coursa was not only approved
whom informed the War Department of
my intention to protect the Cherokees in
their property from the iawlessness of in.
truders; but the President Of the United
States, who Is my superior officer, and
whom ! am bound to obey, directs me IN
the most positive manner TO turn any white
man out of the nation who should inci,e
tant principle is there recognised that the
United States, having guaranteed that the
Cherokees shall be protected from all in.
terrup,lon and intrusion Of the white men,
has the authority to turn them out of the
nation as intruders, ! had also that less
obnoxious but more useful power to dis.
possess them Of an Indian house where
they had violently and unjusily obtruded
themselves
Mr. President, before closa this brlej
defence, upon an intinslon to that effect
from one for whose opinion have the
greatest respect, will, as concisely as
can, bring to view the reflections which
brought to my mind the conviction tina,
The laws Of Alabama. extending her iuris
dlcllOn over the Indians and their country
are contrary to treaties and the statutes o
tho Union, and therefore void. Iapproac eli
the discussion of such a question as thl,
with much embarrassment. 1t Is properly
and purely judicial question, and MAKE
no pretensons to legal attainment5. Be-
sides, am well aware of the angry discus
sions which it has elected, and Of the jeal
Gus senstlveness Of the State upon thi.
point which at ono time, threatened tc
overthrow the Union. Neither can | SUD
pose for moment that | shall be able &c
convince The Court upon question which
has divided the most eminent statesmen o
the day, and has undergone the rigid scru
tiny of such minds as Marshall and Story
and Writ, and Sergeant, and many other:
who have adorned the bench, the bar, nnt
the Senate Of our country, and whose
names give Iustre to tho age. NV obiec
shall be TO present to the Court my own
reflections, with reference to such decls
ions. treaties. and statutes, as the Court
may conveniently consult, should it bs in.
cllned to pursue the investigation.
| shall pass by the discussion Of the right
which discovery or conquest conferre,
upon the nations of Europe over the . bori
glnes of this continent, barely remarklng
that all the powers of The British Crow
over the savage tribes inhabltlng this coun
try passed, by the Revolution, to the Unite,
States of America, and not 10 the individu
al States All subsequent rights hav,
been acquired by treaty stipuations. o
conferred by the Constitution upon Con
gress.
The Constitution Of the United State
declares that laws made in pursuance Of It
and treaties made or TO be made, are tn,
supreme laws Of the land, any thing in an,
State Constitution or law TO the con,rar,
not withs,anding.
The Indian tribes inhabling this CONT
nent have ocen always recognised as indie
pendent communities, capable of maxine
treaties, and OF sustaining the relations o
peace and war. "The United States,
says Chancellor Kent, "have never deal
with these people within our national limit
as eyllngulshed sovereigntles. They hav,
constantly treated with them as indepen
dent nations, governed by their own usases
and possessing governments competent tc
make and MAINTAIN treaties. They hay,
considered them as public enemies in war
and allied friends in peace" (Godell VS.
Jackson, 90 vo'. Rep. 1l4.) The Suprem,
Court of the United States declared {
Peters Reports, 55I) that, "by tho MIN
article of the treaty of Hopewell, a sur
render of self government was never in
tended BY the Cherokees, and so to holt
would be perverson Of the neccssar,
meaning Of the Indians" In the sam,
case, the Court used the following Ian
guoge; "ls it credible that they shout,
have considered themselves as surrenderns
to the United Sta'es the right to dic,at,
their future cesslons, and the terms OF
which they should be made, or to compe
their submission 10 the violence of lcen
tlous and disorderly intruders''
All thetreaties with the Cherokeo,, from
1885 up to this time, recognised them as
nation capable of living under their owl
laws. The principal provisions IN thos
treaties have been thus summed up: per
pe,ual peace, grant of land by the nation
express designation of boundaries, to Civ
up offenders taking refuge among them
That retaliation shall cease, the exclusion
of the whites from the lands retained b