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AGENTS.
Mr. William E. Holley, Maryville, E.
’Tennessee.
11. O. Williams, Colos*o, New York.
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£XTiUCTEli(BlTH E It 12 POlfct
OF THE SEG’Y OF W Alt.
The condition and prospects oi' the
aboriginal tribes vyilhm (he limits of
'tho United States are yet the subject
of aasious solieitude to the Gov-
' eminent. Circuoistanc s have re
ceived within 3 few* years, which
have produced unnoriunt ebimgcs sn
the intercourse between them and
us. In same of the States, they
have been brought within the opera
tion. «f Uxn ordinary municipal laws,
and their regulations luxe been abro
gated by legislative enactments. This
procedure renders most of the provi
sions, of the various acts of Congress
inoperative; and a crisis in our In
dian .affairs has evnh-.iiilj ar.ived,
which calls for the establishment of a
■System of a policy ad,-,pled to the ex
isting state of things, mid calculated
<lo lix upon a permanent basis the in
•turn dels liny of the Indians. Wnatuv-
ever change may he contemplated in
4 hair eouiiuon or situation, no one
Will advocate the employment of
force or improper influence in offeet-
i«4 it. It is due to the character
the Government ami Lbo feeH-.vjs of
? t he. (.oui'liV, not less (.ban '.o ilie nior-
■>*) :»d physical imbecility of this on-
■ "happy race, that a spirit of kinthicss
,urj<i forbearance should mailt the
whole course of om intercommunica
tion with them. The great object,
after satisfying ourselves what would
Lest ensure their permanent welfare,
aho-dd be to satisfy them of the in
tegrity of our views,, and of the wis-
Jdom of course recommended towards
tliem There is enough in the rotro-
-speet for serious reflection on our
jjart, and for unpleasant recollection
Jon their*. & it is oniy by a dispassion
ate examination of the subject, and
by prudent ond timely measures; that
Wro can hope to repair the errors of
the past by the exertions of the fu
ture.
The Indians, who are placed in
mediate contact with the sealed
portions of the United .States, have
mow the alternative presented to them,
remaining in their present positions,
>nr of migrating to the country West
-of the Mississippi. If they are in
duced to pro f er the former, their po
litical condition becomes a subject of
■serious consideration. They must
•either retain all those institutions,
which constitute them a peculiar peo-
5 1o, both socially and politically, or
liey must become a portion of that
■great .community which is gathering
ground them, responsible to its laws
end looking io them for its protec
tion.
Cgp they expert to maintain that
rwi independence they have hereto
fore enjuyed? and, could they main
tain it, Would the privilege be bene
ficial to them?
The right to extend their laws over
all persons living within their bounda-
ri .s, has been claimed and exercised
by many of the States. The Execu
tive of the United States has, on full
consideration, decided th«t there is
no power in that Department to in
terpose any obstacle to the astornp-
tjoirof this authority. As upon this
co-ordinate branch of the Gov
ernment devolves the execution
of' the laws, and particularly*
many of the most important provi
sions iu the various acts regulating in
tercourse with the Indians, it is diffi
cult to conceive how these provisions
can be enforced, after the President
has determined they have been abro
gated by a state of things in
consistent with their obligations.—
How prosecutions can he conducted,
trespassers removed by military pow
er, and other acts performed, which
require the co-rperation of the Ex
ecutive, either in their initiation or
progress.
I Jo not presume to discus* this
question. I find it determined, and
the settled policy of the Government
already in operation. Whatever di
versity of opinion there may be upon
the subject, those who are most op
posed "to these views will probably
admit, that tiie question is a doubt
ful one, complicated in ils relations,
and pregnant with serious conse
quences. The' claim of exemption
from the operation of the Stale hVwfi.
which is presented in favor of the In
dians, must rest upon (he Constitution
of the United States, upon natural
right, or upon conventional ,engage
ments. If upon the funner, it may
be doubled whether that instrument
contain miy grant of authority to the
Oenerti Government; which necessa
rily divests the Stale Legislature of
their jurisdiction over any class ot
people, living within their respoelive
limits. The two provision's which!
cau alone hear upon the suojVn,j
seem to have far different olijoc’is m j
view. II disclaim rest upon natural
right, it may he doubted whether the
condition and instiinuons of this rude
people do not. give to the civilised
commodities around whom they Jive
die'Yight of guardianship over them;
aiUMyhiifhor this view is net fortified
by lire practice of nil other civilized
nations under similar circumstance*
a practice, which, in its extent and
exercise, has varied from time to
time, as (he relative circumstances
of the parties have varied, but of
whose limitations the civilized com
munities have been and must be the
judges. And, besides, if the Indian
tribes are independent of the State
authorities, on account of natural and
relative rights of both, these tribes
are equally independent of the au
thorities of the United States. The
claim, upon this ground, places the
parlies iu the attitude of entire inde
pendence; for die question then is
not how we have divided our politi
cal power between the confederated
Government and its members, and to
which 'vo have entrusted the exer
cise of this supervisory authoritory,
but whether the laws of nature give
to either any authority upon the sub
ject. But, if (lie claim rest upon al
leged conventional engagements, it
may then be doubled whether in all
our treaties with the Indiau tribes
(here is any stipulation, incompatible
with the exercise of the power of
legislation over them. For if there
were, the legislative power of Con
gress, as well as that of the respec
tive States, would be annihilated, and
the treaties alone would regulate the
intercours between the parties.—
Bjit, on a careful investigation, it will
probably be found, that in none of our
treaties with the Indian tribes, is
there any guaranty of political rights
incompatible with the exercise of the
power of legislation. These Instru
ments are generally cither treaties
of peace or of cession.
The former restore and secure to
the Indians interests of which they
were deprived by conquest, and the
latter dofine tic boundaries of cessions
or reservations and prescribes the
terms and contideraton, and regulate
generally the principles of the now
compact. In both, every sound rule
of construction requires, that the
terms used should be expounded a
grecably to thfc nature of the subject-
matter, and to the relations previous
ly subsisting between the parlies.—
If general expressions are not con
trolled by these principles, then the
term “their land,” or, elsewhere
called, “their hunting grounds,” in
stead of mennjng . ivliat our own nego
tiators and the Indians themselves un
derstood, that possessory right, which
they have heretofore enjoyed, would
at once change our whole sys
tem of policy, and leave them as
tree to sell, as it wouldindividuals or
nations to buy those unappropriated
districts, which arte rather visited
than possessed by the Indians.
It may be remarked that all rights
secured by treaty stipulations are
wholly independent of this question of
jurisdiction. If the Indians are sub
ject to the legislative authority of the
United States, that authority will no
doubt he exercised so a* not to eon-
travjene those rights. If they me
subject to the respective Slates, such
too, will be the course of legislation
over them. And if, unadvisedly, any
right should be impaired, the Indians
have the same resort as our own citi-
zen^Ko the tribunals of justice for re
dress; for the law, while it claims
(heir obedience, provides for (heir
security. The supremacy of the
Slate Governments is neither incon
sistent with our obligations to the In
dians, nor are these tiecesaiily im
paired by it. Ii may be difficult to
define precisely the* nature of then
possessory right, hut no one will con
tend that it gives them the absolute
title of the land with all ils attri
butes; and every one will probably
concede that they are cnlitlod to as
much as is necessary to their com
fortable subsistence. If we have en
terod into any stipulations with (licin,
of Which, however, I nin uot aware,
inconsistent 1 with tho'liniited powers
of tho Government, or interfering
with paramount obligations, the rem
edy is obvious. Let ample compen
sation be made to thorn by tho United
States, in a spirit of good faith and
liberality. The question would bo
one, not of pecuniary amount, but of
national character aud national obliga
tions.
That we may neither deceive our
selves nor the Indians it becomes us
to examine Ilia actual state of things,
and to view these »9 they are, aud as
they are likoly to he. Looking at the
circumstances attending this claim of
exemption on (he one side, and of su
premacy on the other, is it probable
the Indians cau succeed in the estab
lishment of their pretensions? The
nature of the questinfr, doubtful, to
say the least of it; tliis opinion of the
Executive;' the practice of (lie older
States, and the claims of the younger
ones; (he difficulties which would at
tend the introduction into our system
of a third, government, complicated
in its relations, and indefinite in ils
principles; public sentiment, natural
ly opposed to any reduction of terri
torial extent or political power; and
the obvious difficulties, inseparable
from the consideration of such a great
political question, with regard to the
tribunal,. and the trial, the judgment,
and the process; present obstacles
which must alt be qvercome before
the claim can be enforced.
Cut could the tribes, and remnants
of tribes, east of the Mississippi, suc
ceed in the prosecution of this claim,
\ would the issue be beneficial to them,
immediately or remotely?
We have every teuson to believe it
would" not; and this conclusion i$
founded on' tne condition and charac
ter of the Indians and on the icsult of
Ike efforts, which have been made by
them, mid for (hem, to resist the op
eration of the causes that yet tlneaf-
cn their destruction.
, I need not stop to illustrate these
positions. They are connected with
the views, which will be found in the
sequel of this report. And it is not
necessary to embarrass a subject al
ready loo comprehensive.
A change of residence, therefore,
from their present positions to the re
gions west of the Mississippi, presents
the only hope of permanent establish
ment and improvement. That it
will be attended with inconveniences
and sacrifices, no one can doubt.—
The associations, which bind (be In
dians to tho land of their forefathers
arc strong ijand enduring; and these
must be broken by their migration.
But they are also broken by our citi
zens, who every day ciwounter all
the difficulties of similar changes in
the pursuit of the means of support.
And the experiments, which have
been made, satisfactorily show, that,
by proper precautions, and liberal
appropriations, the tcmoval and estab
lishment of the Indians can be effect
ed with little comparative trouble to
them or to us. Why, then, should
the policy of this measure he dis-Mit-
ed, or »’.s adoption opposed? The
whole subject has materially changed,
.even within a few years; aud the im
posing considerations it now presents,
and which are every dny gaining new
force, call upon the Government and
the country to determine what is re
quired on our part, and what course
shall be recommended to the Indians.
If they remain, they must decline, and
eventually disappear. Such is the
result of all experience. If they re
move, they may be comfortably es
tablished, and their moral ami physi
cal condition meliorated. It is cer
tainly belter for them to meet the
difficulties of removal, with the prob
ability of an adequate and final re
ward, than yielding to their constitu
tional apathy, to sit still ond polish.
The great morai debt we owe to
this unhappy race is universally fell
tmd acknowledged. Diversities of
opinion exist respecting the proper
mode of discharging this obligation,
btil its validity is not denied. And
there certainly are difficulties which
may well call for discussion and con
sideration.
For more than two centuries we
have been placed in contact with the
Indians. And if this long period has
been fruitless in useful results, it has
not been so in experiments, having in
view their improvement. Able men
have been investigating their condi
tion, aud good men attempting to im
prove it. But all these labors have
been ns unsuccessful in the issue, as
many of them were laborious and ex
pensive in their progress.
The work lias been aided by Gov-
ett'ii ents and communities, by the
obligations of the law, and by sanc
tion of religion. But iis history fur
nishes abundant evidence of entire
failure, and every thing around us
upon the frontiers confirms its truth.
Tiie Indians have either receded as
our settlements advanced, and united
their fragments with some kin
dred tribe, or they have attemp
ted to establish themselves up
on reservations, in the vain hope of
resisting the pressure upon them,
ind of preserving their peculiar insti
tutions. Those who are nearest to
us, havo generally suffered most se
verely by the debasing effects of nt-
dent spirits, and by tbe lost of their
own principles of restraint, few as
these arc, without the acquisition of
ours-—and almost all of th«m have
disappeared, crushed by the onward
course of events, or driven before
them. Not one imfence co» be j?eb-
•luced in the whole history of liie in
tercourse between the Indians and
the white men, whore the former
have been able, in districts surround
ed by the latter, to withstand success-
fully the progress of those cause?,
wh.ch have elevated one of these
races and annihilated (lie other. Such
a monument of former successful ex
ertions does not exist.
These remarks apply to the efforts*
which have heretofore been made,' afid
whose history niicl failure arb known
to us. But the subject has been
lately revived with additional interest,'
aud is now prosecuted with great
zeal and exertion; uhether equai ef
fect, time nn.i.1 show. That most of
those engaged in this labor ate actft-
nled by pure and disinterested mo
tives, 1 do not question. And, if in
this estimate of success, they placd
too high a valufe upon appearances,
the error is natural to persons zeal
ously engaged in a task calculated to
enlist their sympathies aud mvaV. rf
llicir feelings ahd has been comm af
to all, who have preceded them in
this labor of philanthropy, and who?
from time to time, have indulged in
anticipations of the most signal suc
cess, only to be succefcdcd by disap
pointment and despondency.
I hat these f.tor irons have recent
ly been productive of some advantage’,
mry well be admitted. A few have
probably been ieclai(n«d from aban
doned habits, and some, perhaps,
have really appreciated the inestima
ble value of the doctri*es which have
been taught them. I can speak tioni
personal observation only of (be nor
thern and north western tribes. A-
mong them, I am apprehensive. the
benefits will be found but few aud
temporary. Of the erudition of the
Chorokees, who are said to have
made greater advances than any
of their kindred race, I must jud>d
from such information as I have been -
able to procure. Owing to the prev-
alei.ee of slavery and other peculiar
causes among then?, a number of tho
tho half-breeds and their connexions,
and perhaps n few otliers, have ac
quired property, and with it some
education and formation. But 1 be
lieve the great mass of the tribe is
living in ignorance and poverty, suh :
jert to the influence of <he principal
men, and submitting to a state of
things, with which they arc dissatis--
tied, and which offers them no irtion*
al prospect of stability and improve*
inent.
The failure, which has ri(fended
the efforts heretofore made, and
which will probably attend all con
ducted upon similar principles may
be attributed part to the inherent
difficulty of the undertaking, result
ing from characteristics peculiar ttf
the Indians, and partly from tho mode
in which the operations have been con
ducted.
Without entering into a question
which opens a Wide field for inquiry;
it is sufficient to observe that our
primitive people, as weil in their hab
its and opinions as in nioiiulablt? to
any considerable & immediate change;
Indolent in Iris habits, the Indian it
opposed to labor; Improviding.'or care
in preserving. Taught from infancy
to reverence his otvii traditions and
institutions, he is satisfied of thtir
value, find dreads the anger of (hit
Great Spirit, if he should depart
from the customs of his fathers -
Devoted to the use of ardent fcpiritst
he abdndons himself to ils indulgence
without restraint. War and hunting
are his only occupations. He can
endure wtihoul complaining, the ex
tremity of human suffering; and if
tie cannot overcome > the evils of hi«
situations, lie submit,*, to tlinm with
out repining. He attributes all the
misfortunes of his race to the wbifd
man, and looks With suspicion upftd
[See Jourth page ]
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