The daily union. [volume] (Washington [D.C.]) 1845-1857, 1852-05-27
This article further discussing the subjeciof our Indian
relations. goes IN

VIII be recoected subject branch oil
the inquiy is where the ultimate jurisdiction the In
dian tribes resides Is IL given TO the United States by This
clause oerainy not ms n power 70 regulate com
connexion between The two subjects and The effort
Of two absurdiues Either that Congress have nsdicon
all foreign nations that entirely different anings
The power granted is TO regulate comn,erce With whom
Wim foreign nations and onh tho Indian tribes, and
given this by which il SHALL in fact Con-
gress shall have power TO prescribe the mode in which com
the several Satcs and with tho Indian tribes shall
also have Jurisdiction over the Indian tribesl
The greatest latitudnarian in the construction OF the
constitution will scarcely contend for this interpretation
We need stop investigate the meaning OF the word
sutiectmauer. The white persons engaged in the
trade gives the Indians themselves, unless it
with whose countries may be regulated by
Congress But this will not be commended; and he concu-
by law, give political power and rghtiui
Jurisdiction. II must be confined to the object to which it
"And still frer IL the idea Of general jurisdiction be
included in the terms Regulating commerce the general
bring within its authority all the people and prop
cry Of the country Constructive powers can scarcely 10
After pituatin9 certain provisions of the consu
on which cede to the general government rights noom
patibe with the absolute sovereignty Of the States, Mr..
Justice Mclean asks: Has the power been us ex-
pessy conferred the federal government regulate
ecouse with the Indians OF the powers above
meratedP There being exception 10 the power Chat
of regulating the ntercourse,) it must operate all
ment. and consequently include those who reside within
the limits Of q State, as well as Others
"There is, indeed, provision for regulating
with the Indian tribes but We need scarcely undertake 10
show that between commerce and Intercourse there is
wide dherence-iar too wide 10 render them convertible
terms in the investigation othe delicate question of con-
icng Jurisdiction. To speak logically, the former is
species and the latter genus-one existing al all times
in greater or less degree, both in peace and the
other. like the spirit OF laws becomes silent amid
.latcrcourse includes commerce, but 1t also Includes
many other relations, political and PERSONAL OF which
merce forms no part
The Chief Justice also remarks, that the whole inter-
course between the United States and this nation (he
Cherokee) is by constitution and laws vested in the
government Of the United States They speaking of
The acts Of Georgia. interfere fociby with the relations
established between the United States and the Cherokee
naon the regulation of which, according to the settled
principles Of our constitutions Is committed exclusively TO
the government of the United States
This. as it appears to us, is assuming the very point
upon which the controversy turns We can find IN The
constitution clause giving the United States the right
regulate the ins'conr rtations with the ndan tribes
We ask for that clause i is not to be found We then
ask Tor the lair reduction oil that from
grant, and we are met by the opinion that the exclusive
eoatro! OF the ntoeo'e and relations with the Indians
given TO the general government
IL this opinion Is founded upon belief that inter
eotrss and reafons and commerce are synonymons, the
conclusion would still involve us in inexticabe difficulties
This regulation of commerce intercourse IL ii give the
have said exclusive jurisdiction all foreign ma
tions and over the whole American people. We surely
need not pursue this subject further
"Were snch inquiry useful would not be difficult
TO show that there very Sufficient for granting
arising The OF the various tribes, some Of
them extending into several States, and all Of them power
fully affected by influence OF the traders, and by the
supplies rendered necessary their comlon and subss
ence ut Il is an investigation into which need not
now enter"
at clear from what has been before stated thar as we
recede from the period of the discovery, the practice n
the doctrine, OF the Europeans In their wth
Indians becomes melorated, and humsniy asserts her
claims in favor OF the latter. At FIRST all rights Of persons
and properly, and jurisdiction dsTesarded But by
degrees the principles Of ton were in
vestgated and acknowledged, aud the civil Zed govern.
menis found that much land should be assigned the
primitive people as was necessary 10 their comfortable
snbstence and that the jurisdiction 10 be exercised should
depend apon their situation disposition and other crcum-
Such the of things the period Of the revo-
luton The struggling coonsts found ihcmseves engaged
N desperate conflict which required the united wisdom,
strength, and OF all The British called the In
ans to their aid, and TO their character aud in
siitutons, they the summons To resist both
common object, and 70 sever the alliance the obvious
dictate OF prudence Hostes therefore prosecuted
negotiations conducted, and conventional arrangements
were made with them by the central government Bat all
this done OF necessary defence, and by
virtue OF any sovereign rights the Indians for these
rights are expressly reserved In the articles OF coniedera
lion, which declare that Congress shall havs the sole and
exclusive right Of regulating the trade and managing all the
affairs with the Indians, not members Of any OF the Ses
provided that the legislative power Of sny Safe within it
own limits be not iniringsd or violated
upon the dissolution OF the confederation, and the es
tablishmen Of the present constitution one OF hs first OBJ
eo Of the government concaie subdue tho
Indian tribes The whole inland fontier from the lakes TO
the s, Mays exposed their incufons and depre.
dations aud crisis had evidently arrived demanding
most vigorous measures Many Of the tribes were IN open
hosltes snd The power Of the Union could son success
fully contend with thom"
"rh, Is the only real and visible foundation upon which
the power Of the general conclude treaty
win any Indian ube living within the boundaries OF
State rest except 80 lar the process be thought
expedent IN the purchase Of their possesory right by the
United States and where the United States have The t
maze doEaH, and consequently the right 10 make ncedul
rules and regulations respecting H. and also In the fegn
aon OF commerce with the Indians IL IL Is necessary and
proper that this regulation should be made by conventional
And in either the extent Of the power
must be limited by inc objects TO be attained Neither Of
these has any conneKon with civil criminal luTsdc-
uon and therefore neither confer II upon the Indians
i they have not take Il from the States Il Il Is vested
In hem"
Concedng now--what, however, IL rcquircd-that
nndef the oonsfuon and for tho purposes Of defence and
,ecuny, the general government has control the
Indians tha conuol must, Of course, be limited by lust
government IL B not essential 70 m existence exercise
hai u shond include every attribute Of sovere gny
i viii cease when danger IL no longer 70 be appfehended
and when the ordinary civil power Of the Community i
sufficient eoyctn aud restrain the Indians and tho stes
must necessarily Judge when this period has arrived When
hs relative strength Of the psftes and the circumstances
and improvement OF the Indians, render such
the portion Of jurisdiction till that
The general government may then be assumed, and the
whole suhlect lett 10 the State authorities
This gradual change has taken place Ia almost all the
original States and the principles connected with II
only obviously Just and will alone reconcile tho
difficulties Of the subject but supported by cspectable
authorities
" We not mean to say observes the supreme court
of New York, that the condition Of the Indian hes
ormer aud periods, has hosa that OF subjects
this State Their condition has been changing
until they have lost every attribute Of sovereignty,
some entirely dependent upon and subject to govern
nent''
The effect upon the Cherokees ls shown by the letter
which hold in my handy 10 The War Department, 10
Which they state the decision OF the supreme Court and
-. III. Al l.. ...N.-s - Il