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tive owners, the first occupants, or,
in case of vacant or ilorelict lands,
to the first fiiscovciers.”
What rights over the lands inhabit'
fed and passessod by the Indian tribes
did the government making the first
discovery of them acquire? Were
they such as to annihilate the previ
ous existing title of the aborigines to
them? Not at all. The discovery
conferred the right of making settle
ments, of forming establishments,
Vi’henever the prior right of occupan
cy was lawfully extinguished; con
nected with the right ol pre-emption
and the ultimate right in fee, when
ever the ledian tribes should beeom«-
extinct. The power to exclude oth
er nations from occupying, or making
purchases of the natives, was an in
cident to the discovery, and was a;
tervvards conferred by the Indians in
their treaties.
It will be obvious that this view of
the subject is coriect, by referring to
the uniform course adopted by the
cro vn of England, by the colonies,
by the states alter the revolution, and
by the states and general govenimmi
since that period, up to the present
time; confirmed by repented adjudi
cations of the highest judicial tribu
nal o this nation.
The first attempt to dispose of a
whole continent, without reference to
the rights of the aboriginal inhabitants,
was niade in 1493, the year alter the
discovery of America, by pope Alex
ander VI. who gave it to the crown
of Spai,n, on the assumed principle
that infidel* were unjust possessors of
the lands on which their Creator had
placed them. This grant was ac
cepted, contrary to the advice of the
civilians & crown lawyers of Spain;$*
one of the bishops, in a treatise dedic
ated to Charles theV. holds this strong
language: “The natives of America,
having their own lawful kings and
piince9. and i light to make laws (or
the good government of their respec-
proper and legal methods to redress
their complaints, and to gratify them
by reasonably purchases, or in such
other matters as you shall find most
proper and agreeable' to jUiem for
fuel) lands as have been unicarranlbly
taken from thorn, and for such other
as they may have a desire to dispose
of.” In June, 1654, pursuant to
these instructions, commissioners met
at Albany, from the provinces of
New Nork, New Hampshire, Mas
sachusetts, Rhode Island, Connecti
cut, Maryland, Pennsylvania, and
Virginia. Hendrick, in behalf of the
Six Nations, told the commissioners,
•■that the governors of Virginia and
Canada wpre both quarrelling about
lands which belonged to them.” The
>‘ommissioners replied to them, and
said, “We gladly understand that
vou gave no countenance to the
French, who went to the Ohio, and
nave entered on your lands. You
did put this land under the king our
father, and he is now taking care to
preserve it for you. For this end,
.<mong others, he lias directed us to
meet you here; for, although the-
land is under the king's government,
yet the property or power of selling
it to any of his majesty’s subjects,
having authority from him, we al-
ivays considered as vested in you.
We ever did and still do acknowledge
it to belong to you, although within
your father,' the king of Great Brit
ain’s dominion, and under his pi elec
tion!” A ticaty of alliance and de
fence was, at that time, made with
the Six Nations.
In allusion to this treaty, the gov
ernor of Pennsylvania, in his address
sion In England, of Dr. Franklin,
Patrick Henry, judge Pendleton, am.
Mr. Mercer, on the operation anu
efleet jof the grant from the Six Na-
tioii8*TO Wjlliam Trent, and of the
ratification at that grant by the crown,
by the treaty at fort Stamvix. li
may be remarked, however, that all
these disttaguished men agreed in
opinion, that the title of the Indians
was one whfrh could not be disturbed
without their consent) and some oi
them supposed their power to convey
was absolute, both as to the manner
and the grantees, as an incident to
their right of property in the soil.
The treaties made between Great
Britian and the Chickasaw and Choc
taw Indians, at Mobile, in 1765, and
the Upper and Lower Creeks, at
Pensacola, in May and November,
1765, all recognise the same right
in these tribes, which has heretofore
been stated: boundaries are estab
lished, and all the lands not embrac
ed within the limits which include
what the Indians reserve to them
selves, and in which they have full
right and property, are granted and
confirmed to the crown.
It may safely be affirmed that in no
instance did the crown of England
ever claim, in practice, a right by
discovery, but only by purchase, to
interfere with 'he Indian title of oc
cupancy, as before explained. it
admitted, in the fullest extent, the
necessity of extinguishing it, before
the Indians could be dcpiivcd of their
lands; and, in all their acts, whether
in the form of instructions, proclama
tions, Ians, or treaties, acknowledged
the title ot the aborigines, and claiui-
V
Speaking t ^
Mr. ‘i’rott, tho \lelhodist Missionary
among the Cherokees, the Princeton
Cou r ier, indignantly asks: “Is such
an outrage on the rights of an uiiol
fending citizen? Is such a violation
of the Constitution ol the U. Slates,
lobe tolerated? Are those directly
implicated in this nefarious transac
tion to escape merited punishment?
We should be glad to exculpate en
tirely, in this matter of Indian wrongs,
and Indian oppressions', the, Execu*
live of tbu General Government, but
we cannot.”—Poison.
Year. In either ease tee com
(
to ihc assembly of that sta.e, says, ! cd only the exclusive right of pur-
“Froin the proceedings at the late
treaty of Albany, you will dearly
perceive, that the lands on the river
Ohio do yet belong to the Indians of
the Six Nati'ns, and have long since
been put under the protection ot the
crown of England.”
In April, 1755, general Craddock
reversionary
tive dominions, could not be expelled sent instructions to the superintendent
out of them, or deprived of what they
possi ss, without doing violence 1o tlie
of Indian affairs of the king, in which,
after mentioning that the Five Na-
];> s of God, as well as the laws of, lions, 1701, bad put their lauds also
the nations.”
The. English princes, though they
did not acquiesce in the right of the
pope to moke these giants, made out
their commissions on the same prin-
chnse, and the ultimate
light ill tee.
Such being the relative situation
of the crown and the Indian tribes,
as to the, lands occupied by them,
let me now call the aiteiiliou of the
committee to the acts and declara
tions ol the colonies and states, partic
ularly Georgia, and it will be seen
that the s.iinc principles were adupi-
cd, the same rights conceded to the
I dians, and the same interest assert-
St. Louis, Aug.-11.
Horrible Indian Massacre.—The
•trocious feelings, which the British
build of the Sacs and Foxes have
cherished ug dust the whiles of the
Upper Mississippi broke out about a
week ago in u most daring insult upou
the authority of the United Stales,
and the lives of other peaceable In
dians. A band of Menominies, at
Prairie du Chieu, was attacked iu the
night, while asleep, under the very
guns of the United Stales fort, and
tour and twenty were massacred on
the spot! Ten more, who were
wounded, escaped into the houses ol
the citizens ol Prairie du Chien. Of
the massacred, more than half were
women and children. This atrocious
act calls for vengeance. The out
rage upon the United Stales, whose
jurisdiction was violated, and the
murder of twenty lour human beings
upon their soil, cannot go unpunished
The assassins will doubtless .be de
manded, and, if not given up, ought to
betaken. The leadeis of the massa
cre ought to be hung, or pursued and
killed in their dens.
ider it to ha 4
able invasion of the right of property *
should like to see the question refer*,
some tribunal for adjudication.
Sometime before the first of March it
Was Very currently reported that the
Guard intend’d to seize the property of
uch white men as would not take tho
all) of allegiance. Many of our white'
citizens were accordingly thrown into
great anxiety and employed measures to
secure their properly. We gave very
little credit to the report.* for ive knew of
•no law which. would, authorize sucIfjFpro-
cedure; besides, we thought it Would be
an act of the highest barbarity wfih re
spect to some families—It would be like
taking break from the mouths of the wives
and children of unfortunate white men,
whose only crii e consisted in refusing to
support oppressive laws- We thought it
utterly impossible that such a thing-, could
take place. Now possession has actually
been taken of a missionary station, we con*,
fess we are utterly at a less what to believe
and what *0 discredit. We know not
whal is to come next.
CHEROKEE PIKE MX.
NEW ECHOTA. SEPT 10, 1831.
Wc are informed the Uni cd State*
agent has opened bis office for enrolling
emigrants to Arkansas.
under the same protection, to be pro-1 cd to exist, in.the colonies and states.
tected and defended by the said king,
his heirs and successors, to the use
of the tribes and their successors for
ever, he adds, “You are in my name
ciple, the distinction between infidel j to assure the said nations, that I ain
and Christian nations. It is true, that
g. ants were made, charters passed
unler the great seal, and the Bnlisli
C'-mvn asserted the right of conveying
the soil, though in possrssion of the
natives; or, as it lias been sometimes
said, of appropriating the lands occu
pied by the Indians. But it was only
the ultimate right of property, the
reversionary interest, which they
claimed, and which they professed to
have the power to convey. It was
the right to extinguish the luilian title
of occupancy, and nothing more,
which they either possessed 01 d inn
ed to possess. The Indians were al
ways “admitted by the crown to be
the rightful occupants of the soil, with
a legal, as well as just claim to ret ah
possession of it, and to use it accor
ding to their own discretion,” and of
which they could not be dispossessed
by lejsl ation, but by conquest or
cession only.
I have said, that the Indian title,
thus explained, was always and uni-
fo, mly admitted by the crown, the col
oniesthe states, the old confederation
and the government of the United
Si ires since the adoption of the con
stitution) and that it has received the
sanction of the highest judicial tribu
nal of this country. I will ask the
attention of the committee to the
proof in support of this position.
In 1.750, the superintendent .of In
dian affairs informed the Indians as
sembled at Mobile, in the name of the
kiug, that no encroachments should
be permitted on theif lands; and that
all treaties made with them would be
faithfully kept on tn« part of the
crown.
In September, 1753, by order of
the king, instruction! were sent to
the governor of the province of New
York, to appoint commissioners, who,
in conjunction with commissioners
from other neighboring governhunts
in alliance with them, should make
a treaty, in his majesty’s name, with
the Six Natrons. In these instruc
tions, it is stated, “that nothing may
be wanting to convince the Indians of
the sincerity 0f our intentions, you
wiir do well to- examine info the
complaints thev have m a die of being
defrauded of their lands-, to take all
con e by his majesty’s order to build
such forts ns shall protect and secure
the said lands to them, their heirs and
successors for over.”
In the memorial delivered by the
British minister to the French nego
tiator in 1755. (June,) he says “What
ever pretext might be alleged by
France, in considering these coun
tries as the appurtenances of Canada,
it is a certain truth, that they have
belonged, and, as they have not been
given up or made over to the English,
belong still to the same Indian na
tions. What the court of Great
Britian raaintains.it what insists upon,
is, that the Five Nations of the Iro
quois are, by origin or by right of
conquest, the lawful proprietors of
the river Ohio, and the territory in
question.”
In May, 1755, sir William Johnston
said to the Six Nations, “Agreeably
to the instructions I have received
from the great king, your father, 1
will reinstate you in the possession
of your lands.”_ And again, in Feb-
In June, 1779, the assembly of
Virginia resolved, that the common-
vvealtlj iqnl the exclusive right of
pre-emption from the Indians within
(he hums of iu own chartered terri
tory, and that such exclusive light of
pre-emption would and ought to be
maintained by the commonwealth to
the utmost of its power. Tins is all
the light which they asserted and
t Jutned.
In 1733, Oglethorpe, the founder
of Georgia, made a treaty with the
Lower Creeks, in which he obtained
cessions of lauds from them, and in
which it is declared, that, though the
lands belong to them, (the Indians,)
they will permit the English to use
and possess a part of them, and that
the rest Should remain to the Creeks
forever.
In 17458, he made another treaty
with the assembled estates of all the
Lower Creek nations, in which sub
stantially the same provisions were
inserted.
In 1783, another treaty was made
u'ith the Catawba, Chciokee, Choc
taw, Chickdsnw, and Creek nations,
in which cessions of land were made*,
and, in May, 1773, another treaty
was made with (he Cherokee and
A rumor has been circulating in this
part of the nation that Judge Claylon
lately discharged a Cherokeeg prisoner
who was confined in jail for digging gold,
on the ground that (he state has no right
to prevent the Indians from the use of the
precious minerals found on their lands.
It is the opinion of the Judge, we undci
stand, that th" right 01 soil is in the
Cherokees—that they have a light to dig
gold, and that the law of Georgia enacted
at the last Legislature, denying that nght,
is unconstitutional. Another week will
enable us to ascertain whether the rumor
is well founded.
After writing the above we find the fol
lowing in the Mdledgeville Recorder.
We understand that at the late sit
ting of the Superior Ceurt in Wal
ton county, Judge Clayton delivered
an opinion, the substance of which,
as well as our informant could under
stand it, was to this effect:—That the
Cherokee Indians have the right, not
withstanding the act of the last ses
sion, to dig gold on the lands of tfiSiF
occupancy.
ruary, 1756, “Tho king will protect Creek nations, by which boundaries
your country, and the lands which
your fathers conquered, and are of
right your territories, against all vio
lence.”
In August, 1760, lord Amherst
assured the Six Nations, “that the'.r
lands should remain their absolute
property.”
In 1762, the commanding officer
at fort Pitt prohibited, by proclama
tion, any of the Subjects of the king
from settling west of the Alleghany
mountains, that country having, by
the treaty at Easton, in 1758, been
allowed to the Indians for their hunt
ing grounds.
In 1763, a royal proclamation was
issued, restraining the governor of
Virginia from making grants west of
the Alleghany mountains, because
that country, not hpving been ceded
to or purchased by the crown, was
reserved to the tribes of Indians, who
lived under the protection of the
king, as their hunting ground.
I will not detain the committee
by quoting from the proceedings at
what was ralledf the Congress of
Fort S'anwix, n 1768; from the
opinions of the learned in the profei-
werc established,
by the Indians.
and cessions made
(To be continued.)
A NEW INDIAN TREATY.
Messrs. J. B. Gardener, special
commissioner, and John M’EIvnin, of
this town, Indian Agent, for this State,
sirned a treaty with the chiefs and
warriors of the Seneca and Shawnee
Band of Indians, on the Lewistown
Reserve, in the county of Logan, on
Wednesday, the 20th July. Forty
thousand acres of land are acquired
to the United States Government By
this treaty, and the county of Logan
is cleared of Indian title. The In
dians receive a tract of land of some
greater extent west of Missouri and
Arkansas, -together with some other
presents, and the expenses of their
removal, which, it is expected the
government will perform next sum
mer. It appears that these Indians
have examined the tract of country,
which they are to ; receive, and
ore well pleased with it. Like
(he white pioneers, the first who re
move will havo tho choice.— Ohio
Monitor.
Mr Huntington’s Speech—As we
have nothing of very great importance to
present our readers at present, we have
concluded to publish the Speech of Mr-
Huntington on the Indian Bill, to a part of
which a large portion of this week’s paper
is devoted. We presume many of our
readers have not perused it—to them it
will be new and interesting. *
It will he recollected by the reader of
this paper that on the 22d of last June a
detachment ofthe Georgia Guard came to
the missionary station at Hightower and
claimed the right of occupying the pre
mises, and appropriating to their use the
produce of the little farm attached to them.
The comma ider ofthe detachment told
Miss Fuller, who was then at that station,
that he should not occupy it that night,
but should t he following night. It will
also be recollected that Mr. Thompson
was arrested, for no other supposahle pea-
son hut for refusing to relinquish his hous
es into the hands of the Guard. The
Guard, however, did not at lhat time take
possession of the station. Not long after
JUiss Fuller was removed from that place,
and Mr. Thompson got a Cherokee family
to take chaige of it. Wc are nowin*
formed that a part the Guard have taken
possession of this missionary station, and
have compelled the Cherokee family to
move out. Whether they intend to con
vert it into a permanent stand, or to use it
only for the time being, does not fully ap-
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