The daily union. [volume] (Washington [D.C.]) 1845-1857, 1852-05-27
The article is headed "A review of the opinion OF the
Supreme Court in the Cherokee case" Ii says

'ae o Georgia right To extend her laws the Chero
keo iads within her boundaries The consideration of
bis subject will lead the investigation OF those principles
o. which have been established between civil
1e ana barbafous men, and 10 retrospect OF the practice
ana professions Of The different nations who have planted
colonies in America.
"When the Europeans landed upon lhs continent they
found IL inhabited by tribes OF savages ndepend
These in the rades state OF barbarsm ihiniy
scattered over an immense region ubssng principal by
gnoran OF the true principles OF religion and morality
acknowledging no law bur the law of force and taught
The great business lives and It's dangers and gories
the great object OF pursuit Such the Indians then
and such are they now, wherever their with the
wh,e man has not changed their primitive character.
The new race OF men, destined In the of ages
people. influenced by motives. governed by
other principles. We win here inquire whether ia
state o Nature and m laying he foundation Of that nvau
able heritage which has come down u they right
or wrong We shall endeasor hereafter show that tho
great command 10 be fruitful and multiply, and repenh
the ean and sabdue Il has been considered Of nnve
These Of men. under circumstances so diff
eren' and with objects SO irreconcabe in the prog
ol events, brought into with another
They cannot exis, in independent attitudes The effort of
the one 70 subdue the earth to extend the bless
ngs of cultivation and civilization and provide per-
manen residence for themselves and their poseriy The
effort of The other is 10 re pel The invader who comes
them, commence and continue series of wars in
which babarous trophies OF victory may be Obtained and
10 plunder 10 devasaou and to DEATH and return to ex
hibt their spoils and recount their featsTeurn
have spread ruin over the land Of the white man 10 stimu-
ae them selves and others fresh exeons by the ap
pause Of The surrounding multitude, always more gen
erous a the work of the spoiler is more cruel
II must not be forgotten that abstract specnaions upon
topics like these seldom promote the cause OF truth The
investigations emineny practca depending for their
solution upon the common sense Of mankind applied TO
their will be found inconsistent with besesab
shed regulations OF society," and have in fact msed many
enthusiastic men, who, with more zeal than judgment,
have entered upon their examination.
What then, IN The position Ia which these parties are
placed, is 10 be done II the barbarian acquire the
conquered III.
the contrary the civilized and maintain the
superiority due by physical TO moral force, both parties may
be preserved ; and If fall, the law OF self
defence gives 10 either the right Of conquest
1" follows. therefore, that the communities SPRING
ing up the heart OF boundess wilde had right to
assume such jurisdiction over the babarous people
around and among them was necessary the safety
of both, and TO assume this peaceaby forcbly the
course OF events might require The great object be
impress upon the uncvized party the Conviction OF
inferoy teach their existence required
that their passions should be restrained their warke pro
penstes ubdued and the peaceful duties of life
aged and promoted. peace day and war to- morrow
aud the establishment OF mutual dependence, would
conventional obligations. Feeble, indeed would be such
barriers against The tide OF Indian mpelled bysIndan
Under such circumstances jurisdiction well assumed
and its extent must depend upon The opinion OF don't
Court The United States says Chief Justice MARSHALL
maintain, all Others have naniained that discovery
gave an exclusive right 70 extingush the Indian tile OF
occupancy either by purchase conques aud gave them
also right such degree OF sovereignty the ciroum.
stance. Of the people would allow them exercise"
European he zen erg
which have been stated or did they merely the
exclusive right Of purchasing such land the natives
willing TO sell land were their charters ieeaby the
opinion OF the Supreme Court considered blank paper
far the rights OF the natives concerned The
question is at present historical As such, may be
examined without reference TO any moral duty may be
supposed 10 involve"
"ltis difficult, however, 10 suppose eases may
arise in which resort 10 the anquaied practice might
become necessary II tribe 10 possession Of large and
dsua utterly unable 70 cultivate OF occupy their hunting
grounds And # these persons should perlnaoiously
their tile at viii Of the civilized government would Be
as deiensibe We're the original occupation and sppo
game. upon which the Indians principally depend for sub
has rcceded before the advancing settlement and
retired with the nomadic tribes who pursue them, into
dee per OF forests thus leaving district de
iue OF the proper food Of the Indian, and therefore
Of settle mems, and with the demand for unappropr
aed territory. The Indians have been generally willing 10
purchase and the confederation paid and secured n prop
ery applied by them, would probably be valuable
trics should. however, case at any time arise when
as vatel expresses IT, individuals thus be 'con
necessary arrangement will be made Tor their Immediate
comfort and future secuny that ample possessions will
ia the mode 20 which they have been accusomed-that
their will be beruly supplied and themselves
tons and misery, 10 the blessings of intelligence and
ligon, and 70 ali the advantages Of civilization"
"Uis believed that the settlements Ia Ausraa asia have
within the present generation been commenced upon the
original principles already discussed
sions not less injurious than Jealous but
fhuasuo surveyed the condition OF the Indians
but ha de pcied II IL did exist aud
exis, while the integrity Of their nritutons Is preserved
Their life s essentially one Of exposure, Of want and Of
Withdrawn, and they became known 70 the civilized
nations Of the world they found broken Into petty
communities and In state Of perpetual hostites War
their business and their passonot TO subdne, but %
erermina to claims rejec,ed, nor to procure
satisfaction for injuries committed. bat 20 Eray that thirst
for blood which implanted In every Indian breast
There point olunon between them and the stran-
gers arriving among them. The nabis, feelings aud opin
and all that constitutes moral and physical varieties Ia
the human race essentially different, and, her the
lapse oftwo centuries, yet different There were no
seeds OF i'm provemen which could vcgosteno ele
OF civilization In existence 10 be moved and
combined by merer-sprt vast region OF country,
fucd 70 support millions OF human beings unoccu.
Pied only occupied by solitary hunters and warriors,
pursued their game their eEemies districts now
crowded with Inhabitants and sbounding with all that
renders LIE desirable
will read another passage to ths Senate and shall
do il because in IL will be found the opinion stated in
that historic document known as the Nicholson letter.
1t will be found that In 1882 the same general view was
taken of the subject ~ laken IN that letter. and the
charge OF Inconsistency e1ectuay dsproyed, as the
writer OF the letter and the writer OF the review was the
same person
There are but three provisions In that instrument the
constitutional which have the renoesi connexon with ibis
rules snd regulations respecting the territory OF other prop
euy Of the United States.
This clause evidently refers srdiorar rIghisto the
power and regulate these and not TO the exercise
Of jurisdiction Indians living within the country
claimed by them II is al all events inapplicabe 70 the
Cherokee country Georgia, 10 which the United states
have elnqushed all their petensions Under this clause
OF the constitution, Congress pass laws 70 prevent ntru