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oulv to such as live to-
as referring
gather as a distinct couiiituimy, an
pt t amuig all pcrs^us irotu eueruacti-
in* upon their territory, mak s it un
necessary to insist upon their rights of
Boil.”
Mllioudl llicro are many cases in del their own Jans, usages anucus-
V'tidi one of these United Stoles lias j loais; and not to the inure remnant
b-en used hv another. I am not aware j ot lubes which are to be found m
in which one of the many purls ol our country, who nave
under the government of the slates | jurisdiction, as has been shown, ; is ! her, 1717, numerous other install-for permission to the United State*
wh tt makt s governments and nations ces. lioops to pass thiough the eouipA
toreign to each other in their political Hut whether any of these sugges- • of the Delaw are nation. That rV,
relations. *** i lions will satisfactorily account for ther party shall protect in their Vc*
waluii wiiioti incj aic iocuicu. kms iwli tt makt s iioveiinneins and nations ces.
remark is to ue understood, ot eouise,
The same stipulation, as to delivei-j the phraseology here used or not, it j spective states, servants, slaves,
ing up criminals wdio shall tajve refuge j appears to me to he of too doubtful j Criminals, fugitives from the otin
in the Cherokee nation, is contaii ed in : import to outweigh the considerations ; but secure, and deliver them n n **
ot any ifisiauee
United Slates has been used by a for-
eij.., state. Hut no doubt can be en
become mixed null liie geneiai
population, oi the country; then
: import
the treaty of Ilolston of the 2d ol j to which ! have ieferred to show that
July 1791, I Laws Unite*. 1 States { the Cherokees are a foreign nation.
<\,1a 1.1 _ 1 ...t. ........ I.. ('..II.. i r Pi .11 Cl' I—.......... <
tcri allied that sueli an action might he national character extinguished; and
’Sustained upon a proper case being j their usages and customs m great
presented It i> expressly provided | measure abandoned; sell goveimucin
for in the constitution; and this pro- surrenueied; unit who have volunian-
vision is certainly not to be rejected
as entirely nugatory.
Suppose a stnteftoith the consent
of congress, sliould enter into an a-
greement with a foreign power (as
mi^ht undoubtedly be done, Constitu
t i Oil
ion. Art. 1 § 10) for a loan ot mo- i
icy; would not an action lie sustain- ‘ *
liey; wouiu noi an action uc susittm- trruineiii, greatly improved t>y tlie civ-
ed in ibis court to enforce payment \ ilization winch u nas ucen tut* puiicj
thereof/ Or suppose the sfMe ol ’ ot the United bta»cs ,u encourage
Lleorgi*, with the consent of congress. ! and tester among the m. Ail ut. b ad-
shou Itl purcduise the right of the (.die ! at ions earned on with the Lhtrok*«.;»
rokee Indians to their territory, and aad other Imiiun nations have ucei. uy
enter into a contract for the payment j way of treaty with all the lurinaiiiy
of the purchase money; could theie attending lire in.iKiug ot treaties wita
be a doubt that an action could be | any foreign pou er. i lie journals cl
sustained upon sue!) a contrail/ No | Congress, Ii oin liie ycai i77d down
objection would certainly be made | to the adoption ol the pitsent consti-
for want of competency in the natiuii tution, abunj-inlly esidblish tins i<u t.
to make a valid contract. 1 he nu- j And since that pt-.iod, such neguli.t
morons treaties entered into with the : tions ln«ve been cariied on im
n.tiion would be a conclusive answer * treaty-making power, and uimorm j
to any such objection. Nnil it an ac-j under the ilcnominanou ol ticu-
ti'wi eould be sustained in such case, j lies.
27 And the eleventh article lully j The difference between the provision
recognizes the jurisdiction of the j in the constitution and that in the con-
Cher kee nation over the territory federation on this subject appears to
occupied by them .It provides, that if; me to shdw very satisfactorily, ihr t
any citizen of theU.S. shall go into the ; so far as related to trade and coin-
territory hpfongiug to the Ceerokees, j mnee with the Indians wherever
ly or by force ui circumstances wmen j and commit any crime upon, or tics- , found in tribe s, whether within or
surrounded them, gradually become pass against the person, or property j without the limits of a stale, was sub-
subje t to the laws ol tile. states of any friendly Indian, which, it com- jeet to the regulation of congress.
mitted within the jurisdiction ot any! The. provision in the confederation
state, would he punishable by the j Art. 9. 1 Laws United States, 17, is.
laws of such state, shall be subject to that congress shall have the power o«
tlie same punishment, anil proceeded i * emulating ! lu* trade and management
against in the same manner, as if the of nil atfaiis with the Indians n»*‘
offence had been committed within nn mb'-is oi anv » f the status provid
the jurisdiction of the stain. Ilerejed that tin* legislative r'u»ht of ny
wiitmi whic h they aic snouted
Such, how evil, is nol Uio case
with the Cherokee nation. it retains
its usages and customs and
sol i-gov -
is an explicit admission that the Cher
okee territory is not within the juris
diction of auv staie If it l»ad been
considered u tlhin the jurisdic tion of
ii»or«ia, such a provision would noi
uily be unnecessary but absuul. !i
.s a provision looking to the punish
ment of a citizen of tin United States
for s»»me act d ue* in a »oreign count
stale within ils own limits bo not in
fringed oi violated. The true import
of this provision is certainly not very
obvi us; see Federalist, No. 42
What were the Legislative rights
intended to be embrac'd! wilhiti the
pioviso is left in great uncei lamty.
But whatever ddfn ulty on that sub-
li-i t milIiI have atiseii under the coil
them up _
Trade is regulated between the Pap '
lies. And the sixth article sj,^
«he early pledge of the United Shu,.*
to protect the Indians in their possr?
sions, against any claims or enCfo?.
meats of the states. It recites, p J
whereas the enemies of the 1
Anted
ry. If exercissi.i* exi lusive jui isdie- j fedaration, it is entirely lemo'cd by
States have endeavored to i»ip re5 ,
the Indians in general with an opinio
that it is the design of the states tg
extirpate? the Indians, and lake ih w
session of their country, to o?»vj 8 :»
swell suggessions, the United State
do engage to guaranty to the afore.
Aiid Delawares and their heirs,
iicir territorial rights, in the f u ’|j,, {
and most nmj Ie manner as ii has
bound by forniei treaties, &e. And
provision is even made to invite olher
ribt*s to join the confederacy: and
to lorm a st de; and have a represen
tation m congiess; should it be found
conductive to the mutual interest of
both parties. All which provisions
are totally inconsistent with dip j,j oa
uf these India US' being considered , ln .
dei the jurisdiction of the Mafcjt
although their chartered limits mi^t*
lion over a country is sotii ient to tl,<* omission of the? proviso in the pres- . extend over ih in.
constitute the stale or pouei st» * xer-
ci^i g it a foreign state, liie Uhkce
( lit C onstitution; <hcr« by leaving this 'Hie recital, in tins t.ratv. cco*
pou er entirely w ith congress. \\ lihout ! tains a declaration and admission rf
i* must bi* under the provision in thej What is a treaty, as undeis.ood in j cst f»ro{ rietv be so considered
nation may assuredly wiili the gre-it- regard to an> siaii* right on the sub- congre ss ot the rights of Indians 'n
aii a»ret.
...... i ......... ........ j-. ■ —
to lias court m controversies between | ment or contract i.ect. rn two
slate and a foreign state. For the more nations oi suverei- us,
Uh**rokee nation is certainly not one
of »hi? United States
And what possible objection can
lu to tin* rigid of the complainants
tu sustain an n« *i»m/ r Fhe treaties
in•• de with 11*is ii timii purport to s *-
ci;t* to it certain rights. Fhrsf
ar^ not gratuitous oblisrations assum- j made wi.u iii«
ed on the part of tlie United States, other loieign
j to* ( Oictii n( ion, giving
more? nations m smutenieicu
mio by agenls appuinlcu loi tmu j.-.o
pos»*, and duly s.uu liunt-ij oy iiiu sn
prein*.* power ol Ui*; respective p i-
ins And %\heic is die auihoiiiy,
eillier in ilu; ceils.itu* mu m m i, iv
p*et; and showing that the Indian general; and that the impressing
t:ih**s were c*onsideri*d as uisti iCt which our enemies were on’e^voifn-?
« .unmmiities although within the iiui- to m kc fli.t it was the design p}
t ie power t i iegui.de cemrnerce, is j its ofastrte. ‘ Hie slates to extirpate ih.m and
supposi’d to a fiord an argument against The provision a3 c
Foe phraseology oi tin; i It*use in
*0 ( OllgtC'fiB
contained in the take their lands, was f:dse. And
I
ensidering the Cherokees a foreign U onfederation may aid in illustrating the same recognition of their righti
jiractiec ol tin gi’Vei'nmiuii lui
m.
lug any dtslim lion i nr. t.t u lic.iin a
in • j,i»i nn * ion a i,(l u n t
H‘Vi 1 I ? lit > Ii * i 1.1 t ’
lalioe The clause? reads tlius. to! what is to he inferred lroui some
regulate comim-rcc* w»lh lor« ign na ■ mi ls of the constitution, Art. 1, § 1.
•lions, and among the several Suit*-s, j j•«« 1. as to the apportionment ol
am! t e Indian tribes.”
’O
I
Tiierc ait? obligations founded upon Mo por.c, and \\m ; the suit, nutr oi j
Nil !, §8 The argument is, that
** » Me Indian tribes arc foreign nations,
M? v \^ou|*{ have been included, wiih-
«>?*{ specially named, and h-uug
Constitution, representatives, and acts oi Congress
a
consideration paid by the Indians } pi i-miicis; tie » < ssion ol win oiy.ison med imports S;*metliing d life rent
by cession of part of their tenitorv. Mind im- various subjects wne ti .nr frmn the previous term ol ‘foreign no
as a nation, are eornpe | usually ciikK.Ki i! ». si t b
a treaty or emit rat I. it | between sovereign nuwons.
to me to he a strange i A w< umaia* tu lUe \diicus
t- it? nv t<» tliein tin* lies niade won iht
I)d i loilb tt i 11J • i | F / J \
ji i\vc*r to enforce such j trines in diilciem parts ui tin? comui j
And wli»*ic the tight i w ill Imiy ulus, i ale in is view o* 1
And if they,
t • ‘ : o m d •
would sefcui
i n . v
right and ih*
a contract.
secured by such treaty forms a pi op-f * c-luinu »n Uiiui om ^u»vnnin u
ei su ijeet for jfidi>*i d €*ognizaiu*e. ! Ooiljififfril liit !•»•>.iu./s as ^tauviuig
I **atM pi?rcf»ive, no reason why this i will Dd « in *cm, inmow.i w*
O'Mjrt has not jurisdiction of the e:!S<*. iu Jr ol to m i,tj i.*-;'>j. tnuue
i he constitution expressly gives tfi'tne CiieroKee ihtu-Mi.
the court jui isdicliou in all eases of’ i>y no titmy ul i iopo \ »*ll ol
law unlequitv arising under (rent : »s ) Jb< u A .vemo«.i i (O./, i i^. . $ vii .cd
made with ihe United States No ; bialrs d22. (limual
s 't »vill lie against the United Stales emend m;o. l.j resiuie
i outi (U o i lens
This appears to me to partake too
the Indians, to wit,
divined into two dis-
rmi through all the treaties m,< s le
with the Indian nations or tribes,
from thal dav down to the i:-rest
time. ^ To G€ concluded.)
One composed of iliose
in relation to
tfi.r they are
linct < |assr*s.
who ait* <-onsidt*red members ol the
state within which they icside, and the strange custom cl errmping ths
the other not: the former embracing feet ot the higher classes of womeni*
•lie re.'imnnt of the tribes who bad recorded to have commenced. As it
lost their distinctive character as a has always appeared to mvs<|‘ inM-s-.
Feet cf Chinese If'omen.— ft w>|
about the e. d of the dynasty of Tun®,
[A. If. 9uO,J or very soon after, that
I ^ | t i
«i ed - j nt i. h u i a mere viibal ciili«*ism. to | separate eoniijHinity, and had be- ome siblc ;o ieter the origin of suet.' suocI?»
mg mutilation to any nmiofis of
after it the important com lu | subject to th« laws of the state: and
ion, tha« Indians are not foreign na the latter such as still retained their
in tins B t the clause affords, irre-! oi itjinnl connt*xion astiihes, and live
■ s stihlv the conclusion, that the | it - together under their own laws, usa-
!i dian tiiln^s ; re not there understood j ges and customs, and as ‘sue!’, . re
cal beauty, however arh
arbitrary. * ran
iut lined lo asv riiic it to ft prn ■ it*
whit h u questionably dictates *h«-
long nut is of the liie and !
ingiun
idea
m » | as m laded within the description of treated as a community md pendent ! cl,isms of Chinese men. Th* ulr,
mu the * several States; or there could : °f die state. No ve«y ioq» riant con- c.unveytd oy tliese is exemption f)'i}
■have been no fitness in immediately M'lusion 1 think, therefore, can be labor, and as the s-oiaji let t »nnfep< 5 r-
4 he |»Mereafler pnrtieu! • rising‘“the Indian ■ drawn from tin* us.* oi the teim feet cripples of flic* ladies, it is
3l ipLii.i ilOlib
u 1 i
up n such treaty, because no possilde
case can exist where the United
Si des can be sued. Hut not so with
respect to a st tte: and if »nv light
secured by treaty has been violated
by a stale, in a ease proper for judi
cial inquiry, no good reason is per
ceived why an action mav not he
lUKt'il ii *
c j
p. ISOUI 1 s
. viiiiet pai :j , and Hit; um-
ok’ i s si tpuiatc iu i •*a;ore aii negi oes,
iiid in. ututa
from the us.* c*-: the lenu icci cripples ot nic* laches, it is f.up
ibes. 1 j “tribe” in tiiis clause of the eonsii- I to conclude that tin* idea of gr?;»i;ity
j, generally understood »hat ove- I tution; intended merely lor eominer-j which they convey niises from a sim-
, V te bvxlv <4 Indians is divided | ci .1 regulations. It considered as j liar association. That appenrancr bi
into bands or
f oninpinit y w
|n,.pu!‘y \ a ken iioin nc it belongs; and as the nation h:'* * oin *'
, ; and fo! m a Ii’tIf* j import ii;g tin s me tlii.ig as tin* (run hcipiefcsncss which ibe mutliation uv
>itbiutti«9 (n which i ‘ nation.” it might have? been adop;t d j du< as is much admiicd by the ('Me
1 !• .Zl Ui Cl Hit: L/lliiC.l .'jlaii b, ,tlid «i
h undery line is settled between die
t m-rek-t s and (tic citizens oi tiie
Mates, and ibis ciiiiiraccd ler-
t dory iitih.u ibe chartered o:
)to avon
i nation
rvi
particular symbol by which it is «• « i
tiugnished from others, so each ft i !>« : V* *'
has n badge from which it is denmn n- lion
tilt' i t‘pet it ion et the woidjur-sr-, nol wit I’sHindi' g its usual era*
joinitaut of extreme unhealtlimrfsf
instances occur iu tlie i on- j and n* heir poetry ! have frequcaiiy
sustained fur violation of a righr so- ; ticoigia. And oj ine six»ii aiticl* n U
cured by treaty,
11 l*‘t UUU(
reaty, as well as by eon- j pim ided, liia^ i any Indian orpei&wii
r any cl or form. . The • ri-sidiug among (item, or who shad
j uiiv liny is e.erfaiulv not tlie depart- take leduge m tlitn nate n, sliail com-
m* ot of the goverum *ut aiifh.nzed nut a robbciy, or murder, or
a i iy
to enforce all lights ill- t m tv be older capital ciutue on any ciliz«*n of
Tceognizeti and secured bv treaty, tne Uimcd States oi
• t f
persons umier
In many instances, those are mere t then proie« lion, the nation or tube
political rights with which the ju«li- j to u nidi such offender may bd .,ig
ci.t y cannot deal. But when the .shall deliver him u > to be puinsu.d
question relate to a mere light of! according to tne
Filiis,
dcd. ami each tiibe may have rights used importing ,• l!< s ‘ ,,nt . 1 '
applicable to itself. j in fin* clause ^ ?nt »sciictn*n to
Cas * c mav ji• iso where the trade ! this court, the
ifhere ddiereot terms are obseivid liie tottering gait of tin* p n-v
giving ;
term **foi t*»gu ^tau s
with n prn tieular tribe rnav require j is used instead of “foreign nations.
which might not ’ ns in the clause rHatitig to commerce
l, ^ 10, a still
to he regulated, and
have been embraced under tin? gen- A"d again, in Art.
tral desei iptem of the term nation, j different phraseology ift eJ^pHiyed. -
or i»t might at least have loft tbe ease ■ “No state*, without the Co».’ s ^- n * 0
somewhat doubtful: as (ho clause was I congress, shall enter into any agrtT
intended to vest in Congress the. junv- 1 uictn or compact w ith a ‘foreign pow
er to regulate all commercial inter- ! er.” ? Hut each of these terms, na-
ourse, this phraseology was proha- j tion, state, power, as used in differ
imports
not ud-
intcrpretation.—
. - . - - e with the Indi-
^ j, :* r i . ■ . » , ! tCil m ‘ lt - 1 was a duet t ack- Congress would not tlien have regu- I ans, they are sometimes designated
..,1 ■ “■;H^«,ll.;a 1 l l , S iem i( „,,u S lift'd the trade with any ,.a r. i,-alar ! under the „ame of 'tribe, and some
th ho i T y ‘ rf r “ ,ore, «" J llHM,:CU0 ‘! i. >« ( tnl,et!,at .lid not extend to the «!,„!.• Mm.es that of nation. Intheue.au
■ :l! p !l 7 f S to eons,dm- had oeen unuets.owd that the j.msd.c nation.' Or, it may he, that the tempt 1804 with the Delaware Indians',
a, so on .50 .md iiidqifiid.-iit states Ho., o the stale <( Oeot-ta extended tribe is here used" as importing the they are denominated the “Delaware
or nations those poweis that are re- pv.-r Urn territory, no snoi. si.polation , same thintr as that of the i tr.he ot Indian* •> 1 I.*<,•*
women c-oiujiarcd to *•(}}<’ waving ot a
vilfow iu the biecze. 1 *-—»J/r. JJkis'i
«Memoir.
The eld LeaUfs A
con*
( *',1 ,V 1 '* |° m im ic ! ig i, < t «u i ort ..ig to tne oi dinam ls oi the j Mly adopted to inc«*fall possible rases. ! cut parts of the constitution, i
] I f () ‘ 1 c »se can > jo »* c r> trs. hai more explicit i and the provision would have hpen im-| the same tiling, and does i
T ; : s ^Vr":r , '7r -T-F " re ‘ T W 1 ,C «'*» O •«- ! -Tie. t, if the t, rm -Indian tribes- ! mit of a different interpret.,
to.ms a pi op.I snhjoet ,or Judeia. in-; pti.tlai.ee of this nation eouln m.ve had been omitted. In the treaties made with ill
llerrian called at the house of an hon
est old lady, for Ihe purpose of cob
lee ting a small debt. Nor recollect
ing the amount, he promised to sn:t
his bill that evening. The old l..Jy
*-o;ing his son William, replied
SUpp.
Oh
la, ot.
bal never set up u»fh
. , . . ' Bill’s a clevel fai
ntly body yet, bn, - \ , r .
, 1 ; : , i a Ore at fn^
low, and they may brw*, v *
other rcom.”
A New Jersey editor hns recentfy
been challenged to fight a dud. Ue
says he always settles such difficulties
with “pen and ink,” and threatens to
put his antagonist into the Black
Sea
T
LL persons indebted to S'karyoujpr'
If we look to the whole course of
iAig .mu.^ i ^aws Umtcd stales d-U, ; might have afforded some plausible | treaties made with the Indians,!
. U ,r\ l 11 „ arl , iCl f 01 u ! 1,0 | grounds for concluding that this branch ! i^ovisions may serve lo show- in wh
treatment bv t ii is country of the In- unUualiv agreed ihat paeli miiv will Tr • , . . i . , r , •'
dins from the year 1885 , a ,\> i ,|J® ■ 1 ? X} V ! . (omine ‘ c,al intercourse was not! light the Indian nations were viewed
ui.i.is, uom me ycai looo, to tlu? uenvei up Injustice, all persons who, j stibjec
, , ii* • t i , ■ 'i > i subject to t '*e power of Congress.
pi< s,'iit day, whi n d.-alin* w.tli tlmm j b.-mg charged with murder or forgery j On examining the journal's of the
i • . *’ •
in their aggregate capacity as na- ceiiimitted ivithm the jurisdiction of! old Congress, which contain
lion or tribes, aud regarding the mode
and manner in which all negotiations
have been carried on and concluded
with thnin, tlie conclusions appear
to he irresistible, that they have
been regarded, by the executive and
logoi five? branches of the govern
ment, not only as sovereign and inde
pendent, but as foreign
nu merous
e.iliur, shall seek a., asylum »ith in ! proeeodinas and resolutions resnect-
ai.y ol the countries ol the other, j ing the Indians, the terms “nation ’
Upon what ground can any distinction j and “tribe,” arc frequently used bi
ne made, as to the re son and neces- disc.iminatelv, and os imt,orti.i<r
by c(ingress at that day.
late of this District, deceased, are
hereby notified that payment is required
by me within twelve months from (his
date, agreeably to the laws of this nation—
also all persons who have claims upon tbc f
estate of the deceased are required lo pi*’-
sent them to me within the above specified
period for .settlement,
ISAAC JBUSHYHEAD,
AAlmmist rator
Urn territory of the Delaware | Mmohce DisH, C. N. May 13th. 1831.
nation was within the limits of the
states oi New fork, Pennsylvania
New Jersey. Yet we hear of
md
50—tf-
importing the
sary ol such stipulation iu the respect- same thing; and treatirs were some-
ive treaties 1 — * - r - - •
The necessit}’ for the
stijiulatiun in both eases must be, be-
h*JlG? II© Tipsy <«!?fGrE*5>, C J¥
no claim ol jurisdiction set up by i D!t«jssy i>k Dhiv*, G«yz tc=vv*Wo.s
those states over these Indians.— Lltj.d«t TCsWiiJb DB ww s
I his treaty, hotli in form ami sub- 1 o^a Rois*v*z jtvjtr* ap Gi»<rnT g*n>yc&T - 1 *
QGGtiPoDa Ty^T Dll cwy,5, Goi^z ‘
times entered info with the fncians, ! stance purports to he an arrangement
under the description or denomination with an independent sovereign power.
.ACT B© HXIrSS TTPtySy O’sy TC=w9
even purports to be articles of Gor^ icxwnh otyzjxji& o« G<*y*
I ^ - ’j-'*'''* v»v iivui | f i t j \ iuit
cause the process . t one government of tribes, without naming the nation. It v. c ., ,,u. ,, orl5 ,o ,
11 ign lid! ions or and iu*. isdiction will not inn into Unit : Sne IivirmU °ntii Ttn-^ i i *1 i r « r 1 »■ >. .
tribes, not within the jurisdiction nor of another; and separate and distinct : 177b- * 7ti M^?% 3 7 7f " Ji?i n’ 1 y " f unled, \ rat,on « !t con,a,l ; s shpula- j irS4S ta^ o-^p. rtwo*
4 i ; L mi Alaich, 1776; 20th Octo-1 nous relative to peace aud nar, and , ssd*w c^ssy hA;Givy^, do^ej ^
TS, 18JU
1