Newspaper Page Text
j iff. (. .‘i.i' l V "'L.
Opinion of the Supreme • our’, <V l.vc*e ■■
t>v «lr. Chid Justice Marshall, Janua
ry Term, 1832.
Samuel A. Worcester, >'s. The State of
Georgia.
This case, ii every point of view in
wi i iii t o j.laced, is of the deepest
inter -t,
i 'lk efc.'idant is a State, a member of
the i .on, winch lias exercised tire pow
ers ol’ government over a ifoople who de
ny i'.- j in .*!»-?ion, and are under the pro
tec 1 on oft! * U. States.
i ic. plaint ff is a citizen of the Stan of
Vermont, ec ’.tanned to hard labor for
four - car* in the Penitentiary of Georgia,
un it r color of an act winch he nlledges to
be repugnant to the constitution, laws and
treaties, oft! P. S.
Ti e leg'-ative poufor of a Sfn'e, the
controlling power of the constitution and
laws of the United States, the ritrhts if
they have any, the political existence of a
once nunierous and powerful People, the
personal liberty of a citizen, arc all invol
ved -ii the subject now to he considered.
It behuvps this Court, in cverv case,
more especially in this, to examine into
its jurisdiction with scrutinizing eyes, be
fore it proceeds to the exercise of a power
winch is controverted.
The first step in the performance of this
duty is the inquiry whether the record is
properly before the Court.
It is certified by the Cl* rk of the Court
which pronounced the judgment t* con
di .filiation under winch the plaintiff in
error is imprisoned, and isalso authentic
ated by the seal of the Court. it is re
turned with, and annexed to a writ of cr:'-
oi issued in regular form, the eitat'on be
ing signed by one of the Associate Justi
ces of ttie Supreme Court, md solved on
the Governor and \ttoraoy Cieueral of
the Stale more than thirty dnvs lieforc the
commencement of the term to w hich the
writ of error was returnable.
The Judicial act,f solar as it prescribes
the mode of proceeding, appears to have
been lit. rally pursued.
In Fear nary, 1797,* a rule was made on
this subj, iin the following words: “It
is ordered hv the Court that the Clerk of
tin C ourt to which any writ of error shall
he direevd, may make return of the snnn
by tr insniitting a true copy o' the record,
audol ill proceedings in tlie* same under
his baud md tin* seal of the Court.”
I his has been done. Ilut the signature
of the Judge has not been added *o that
ol the Clerk. The law does not require
it. I'u rale does not require it.
1 > the case of Martin vs. Hunter’s $ les
see, an exception was taken to the r« -
tur of the refusal of the State-Court to
enter a prior judgment of reversal by this
Court, because it was not made by the
Judge of the State Court to which the
writ was directed; hut the exception was
Overruled, and the return was held suffi
cient. In Buel vs. Van Ness, § also a
writ of error to a State Court, the record
was authenticated in the same manner.—
No exception was taken to it. These
wer< cod cases. But it lias liecu truly
Saul ’ the liar, that, in regard to this pro
cess, the hi .v makes no distinction between
aerial,nul a.d civil case. The same re
turn is required in both, if the sanction
of the Court could be necessary for the
establishment of this position, it has been
silently given.
McCulloch vs. the State of Maryland,j|
was a ■/;;; turn action, brought to recover
a penalty, and the record was authentica
ted by tiie seal ot the Court and the sig
nature ol ’he Clera, without that of a
Ja gc. Brown «t. ai. vs. the State of
M ‘vi ta l, was an indictment for a line
and lOrnTure. The record in this case,
too, wa.» -at; lit allotted by the seal of the
C ■ irt and the certificate of the Clerk.—
Tli pr eWcc is both ways.
i'll" ‘-cord, then, according to the Ju
dieuii V ict, and the rule and practice of
tie: t ' art is regularly before os.
-’lit more important enquiry is, does
it exhibit a case cognizable hv tins tribu
nal ?
A'lie indictment charges the plaintiff in
error and others, being w;ute persons,with
tin offence of “residing within the limits
of the Cherokee Nation without a li
cence,” and “without having taken the
oath to support and defend the Constitu
tion and laws of the State of Geoigiu.”
The defendant in the" State Court ap
peared in proper person, and filed the fol
lowing plea;
“And die said Samuel A. Worcester,
in los own proper person, conies and says,
that tins court ought not to take further
Cognizance tH the action and prosecution
aforesaid, because, he says, that on the
loth day of July, in the year 1* 31, he
was, and stilt is, a resident m the Chero
kee Vat inn; a id ff.it the said supposed
crone or crimes, mid c •h of them, were
committed, if committed at all, at the
tow i of New Ei oi i, i.i the said ('hero
h nation, out of the jurisdiction of t-iis
court, and not • a the comity Gwinnett, or
elsewhere witinn the jurisdiction of this
court: And tins defemdai 1 saith, that he
is a ii.zen oftb • ,iu> ot Vermont, one
ot the United St ileoof Vmoricu, and that
In* *• tw*n I die aforesaid Cherokee nativyi
in tie- capacity of i duly nithorized mis
sionary of the (iin ricaa Board of Com
mi - inn.-rs for Foreign M - .ions, under
tin tUihoi ity of the President of .In I an
ted State*, ami has not >ine< (»•-«.ii requif
* , * -ift Q-t & i *f 4 „ y
* * •
i sjf.
i *u» »vi« tfid.
eu by him to Icart’t; that lie was, at the
t me oi ins jut* -t, engaged m preaching
th< Gospel to Uic UlieroKec Indians, anti
in translatin'/ the sacred .Scripture* into
tl- ir iangage, with the pmoisMon and
approval of the said Chi rokee nation, A
in accordance with the humane |ioiicv of
foe Government of the United States for
the civilization and improvement of the
Indians, and that his residence there, for
this par| ore, is the residence charged in
the aforesaid indictment; and this defen
dant further saith, that this prosecution
the St ito of Georgia ought not to have or
maint n, because, he sauli, that several
tie lies hav», from tune to time, licen en
tered into between the I tnted States and
the Cherokee nation of Indians, to wit: at
llopew* 11, on the2Sth day of November,
17S-»; at Heiston, on the 2d dav ol July,
1791; at I'luladelphia, on the 2<Jlli day
o: June, 1794; at Tellico, on tin yld d.:t
of October, 1795; at Tellico, on the 2btii
day ot' October, ISOI; at Tellico, on ihc
27tli day of October, 11*0.3; at Washing
ton t il v, on the 7th day of Jamtarv, lsO->;
at Washington city, rn the 22d day of
March, Islli, at the t Council
House, the 14th day of September,
If If-; -it tbe t h. rokffc Agency, on the
Bth day of July, 1SI7; out at Washinp
tou city on die 22d 1 ebriiary, ISI9. all
which treaties have been duly r«i ifit «J hy
the Senate of th< United States of Amer
ica; and, by which treaties, the United
S.tates <■( America, acknowledge the said
Cherok- c nation to be a Sovereign na
tion, authorised to govern themselves, and
ail persons who have settled w ithin their
territory, free from any right of legislative
interfere nee by the- several Slates com
posing the United States of America, in
reference to acts done within their own
'erritory; and, by which irrati. s the whole
of the tcrritoiy now occupied hy the
Cherokee nation, on the east of the Mis
sissippi has been solemnly guarantied to
them; all of which treaties are > risfong
treaties nt this day, and in full force. By
these treaties, and narticuturly bv thi
treaties of Hopewell and flolston, the a
furesnid territory, is neknowledgt and to !:e
without the jurisdiction of the several
States composing the Union'of the United
States; and it is thereby specially stipula
ted, that the citizen.- of the United Stales
shall not enter the aforesaid territory, e
ven on a visit, without a passport from the
Gorernor of a state, or from someone dtt
ly authorized thereto, hy the I’resident of
the U. States; all of winch will more ful
ly and at large appear, by reference to
the aforesaid treaties. And this defend
ant salt It, th tt the several acts charged in
the hill of indictment, were done, or omit
ted to he done, if at all, within the said
territory so recognized as belonging to the
»'id nation, and so, ns aforesaid, held l»y
them, under the guaranty of the United
Stale--: tlmt, for those acts, the defendant
is not untenable to the laws of Georgia,
nor to the jurisdiction of the courts of the
said Stair ; and that the laws of the State
of Georgi a, winch profess to add the said
territory to the several adjacent counties
or the said State, and to extend the laws
of Georgia over the said territory, and
persons inhabiting the same; and, in par
ticular, the act on which this indictment
vs ibis, defendant is grounded, to wit:
“An act entitled an act to prevent the ex
ert: sr of assumed and arbitrary power,by
all persons,' under pretext of authority
from the Cherokee Indians, and their
laws, arid to prevent white persons from
residing within that part of the chartered
limits of Georgia, occupied hy the Chero
kee Indians, and provide a guard for the
protection of the gold mines, and lo en
force the laws of the State within the a
foresaid territory,” are repugnant to the
aforesaid treaties, which, according to
the Constitution of the United States,
compose a part of the supreme !:ov of the
land; and thattb -se laws of Georgia -re,
therefore, unconstitutional, void and of in
effect; that the said hi-Vs bt Georgia are
also unconstitutional end void, la cause
they impair the obligation of tlie various
contracts formed hy and between the n
foresaid Cherokee nation and the said U.
States of America, as above recited; also,
that the said law's of Georgia are uncon
stitutional and void, because they inter
fere with, •and attempt to regulate and
control the intercourse with the said Cher
okee nation, wlr.cn, hy the said constitu
tion, In-longs exclusively to the Congress
oi the United States; and because the
said laws are repugnant to the statute of
tiie U. States, passed on the day-of
March, 1792 entitled “An act to regulate
trade and intercourse with the Indian
tribes, and to preserve peace on the fron
tiers:” and that therefore, this court has
i o jurisdiction to cause tins defendant to
make further or other answer to the said
bill of indictment, or further to try and
punish this defendant foi the said suppo
sed offences alleged hi the hill of indict
ment, or any o themt And, there
fore, this defendant pravs judgment
whether he shall be held bound to an
swer further to said indictment.”
This plea was overruled by the court.
And the prisoner, being arraigned, plead
not guilty. The jury found a Verdict a
gaiust him, and the Court sentenced film
to hard labor, iii the penitentiary, for the
term ot tour years.
By overruling this plea, the Court de
cided that the matter it contained was not
a bar to the actum. The plea, therefore,
must Ire examined for th parpos' of il»--
tenmtuog whether it make.- .* cam v* Inch
brings the party wiffon tl.e provisions of
th< 2.>tb section ol the ** (-i to establish
tin Juit (did courts of the C, S.
'I h» ;in .t* r* that Mm r- ■.<*». char
ge' i, dis i ..cilia'.t, wti- a -tier tin m
thor.ty ia in suit i * o »h< i t,.1 and
Mills*, and w th 'la larensSieM i-t i np
ptoiai ol tin * liei t/kt e ituM-m. That the
treaties sultsisl.ig lietweCD the Unit f:
B'a;is end the Cnerokees, acknowledge
?!»cir r gl.t ns n srv re ign nfoion te govern
th- ms In- and iff 11 nrnns who have st t
■ tletf widnn tiie i vrritorv , tree from any
right of ieg sliiTivp interh renoe In the sev -
t-ral States composing the I . States of
America. That «lie act under which the
' prosrcutiou was instituted is repugnant to
the sa tl treaties ai.d it, thi iefore, iincon
>titiil:o! al rad void. 'Chat the said act is
alsoiuicoTisritiittonaJ; liecauso-it interferes
w ith, and attempts to regulate & control,
the intercourse with the Cherokee na-1
lion, which belongs, exclusiveiv, to Con-I
gross; and also, it is repugnant
to the statute of the United .states, enti
tled “An net to regulate trade and inter
course with the Indian tubes, and to pre
serve peace on the frontiers.”
Let the nvt-imeuts of this plea Ite corn
par, <J with tin 2oth section of tuc Judicial
Act.
Tlmt section enumerates the cases in
which the final jiuigir.ent <*f decree of a
>'Rte Court may be revised in theft'ipreine
Court of the Ifin»ed Btat« s. r j bese nre,
“where is drawn in question the validity
of a treaty, or statute of, or an authority
under >1 • I'miol Mtafes, and
the derision is agauift their validity; or
where is drawn in question the validity of
a sf»T»t*» of, nr an -.udior/v exercised u:,-l
<for, any b'taU', on the ground of their he
•re- repugn int tr the Constitution, tren
t es, or laws ot t.lic t t.ifed Suites, and the
decision is in favor of such tin ir validity;
or where is drawn in question the con-
Rtruc’ion of any clause of the ConstUu
t'o;., or of a tri siiy, or statute of, or com
mk-sion held imdci, the Un’ited States, &
the derision is against tiie title, right
priv lejcc, or exemption, specially ret up
or Haiined by either party , under such
danse of the said Constitution, treaty,
statute, or commission.”
The indictment and pirn, in this c-»se,
draw in question, we think, ih. validity off
•be treaties made by the United Stales
ft h the Cherokee Indians. If not so,
th* ir const, iietiou is certeinly drawn in
question; and deci i. n has been, if not
Ttvi-sT tlii-ii validity—“against the right,
privih. gc, or exemption, specially set up
a-,d claimed under them.” They also
d-aw into question the validity of a stat
ute of the State of Georgia, “oa the
ffrtnii.il of its being repugnant lo the con
stitution, treaties, and laws of tbe United
Stair s, and the decision is in favor of it
validity'’’
It is, then,sve think, too clear for con
troversy, that the act of Congress, bv
which this Court is constituted, has giv
en it the power, and, of course, imposed
n> it the duty, of exercising jurisdiction
n. tins case. Xliisdiity, liov ever neplea
sai.i, cannot la- avoided. Those who fill
the judicial department have no discretion
in selecting the subjects to ho brought be
fore them. Vie must examine the de
fence set up m this plea. We must in- j
•pure and decide whether file act of the
Legr-lanivt of Georgia, under v inch the J
pi e.n m oi error has been prosecuted and
condemned, be consistent w th, or repug
nant to, the Constitution, laws, and trea
ties, of the United States.
It ha? been said at the bar v that the acts
of the Legislature of Georgia seize on the
whole Cherokee country, parcel it out a-
Tv-ing tiie neighboring counties of the
B!ate. extend her code over the whole
country, abolish its institutions and its
laws, and annihilate its political exist
ence.
If this he the general effect of the sys
tem. let us inquire into the effect of the
p.u’.cuiar statute & section on which the
indictment is sou idcd.
It enacts, that “al! white persons resi
ding within the limits of the Cherokee
nation on the first day of March next, or
at any time thereafter, without a I cense
nr permit from ins Excellency tin Gov
ernor, or from such agent as b.. Excel
lency the Go .ernor shall uutorize to t rart
such permit or license, and who ihail not
Imvertaken the oath Itercuiafn r nqu rid,
sh-dl h< guilty of a high m sd. meanof, A,
upon conviction thereof, sk dl iai punished
by confinement in the penitentiary, at
hard labor, for a term not less than four
years.”
Tbe 11th section authorizes the Gover
nor, “should lu deem it necessary for the
protec*ion of the mines, or die enforce
ment of the laws in force within the Cher
okee Nation, to raise and organize a
guard,” Are,
The I3t!i section enacts, “that the said
guard', or anv number of them, shall he,
and they arc hereby, authorized and em
powered to imist any person ii gaily char
ged with or detected m a violnbof/ of the
laws of this State, and to convey; as sqou
as practicable,the person so arrested, be
fore a justice of the peace, judge ot the
superior, or just,re o; inferior edurt of this
State, r> he dealt with e ordirig lo law.”
I Ik- extra teiTCoiml power of every
j Legislature being litiutrij m its action, lo
its own < t'.ze.ts or subj-cts, the. vi r\ pas
sagi of this net is - assertion of juris
diction over the ( lieroke* Nation, and of
ti‘» roils .md powers eorsequent on ju
rtsd'Rtioii.
•Im first step, then, in the inquiry
which the constitution ami laws impm-c
on this Court, is an examination of the
rightfuiuess of tinsclairo.
America, s» pamteil from Enron' by a
wale ocean, wis I habned |.y a distme’
Ib-ople, (h» i led into •-. purate lo.iau.s, tn
depeiidi »*t of each oth< r and of tlre* rest
of f!io having o -«i*i ; oftheir
own, a J • r "• ''n< ■ •< I> nv their
own law-, [i ,jf m nioVehent)
•he *»f<t Ik.! tit*, of, ~
•hr r‘ r • ‘ ‘,.,,-r -h,.
' ‘ ' over fju
ail.’let ent* if ofin r, i f ,\ff the
lands they occupied, or (furl fire docrorry
of either hy the other sl.ouid give tho nis- j
coven r rights in th country discovered.
: u inch annul the pre-existing rights of is ■
ancient |.oss» store.
After lying corei nlcd for a series of •<-
I ges, the cnierpnse ol Enrojie, guided hy
nautical tciei.ee, conducted some of her
! adventur its sons into ties Western world.
They found it in possession of a people
who had made small progress in agricul
ture or manufactures, and whose general
employment was war,hunting, and 'fish
ing.
Did these adventurers, hy sailing along !
the roast, and occasionally landing on it,
aeqaire for the several Governments to
whom they belonged, or hv whom they
were commissioned, n rightful property
tn the soil, from the Atlantic to the Paci
fic: or rightful domain over the numerous
people who occupied it? Or has nature, 1
or the great Creator of all things, confer
red their rights over hunters and fisher
men,"or e.gr’culttrasts and manufacturers!
But power, war, eonqcest, give rights
which, after possession, are conceded hy
tl.e world, and which can never be con
trovrrted hy those on whom tliev descend.
»Ve proceed, then, to the actual state of
things, having glanced at their origin;
because holding it in our recollection
mightshed sonic light on existing preten
s»oi is.
The great mar t me powers of Europe
discovered and visited different parts of)
This continent at nearly tiie rame time.
The object s too immense for anv one j
of them te gri s ’.i the whole; and the
claimants w ere too powerful to submit to
ihe exclusive er unror. sort able pretensions
of anv single potentate To ftvo : d hloodv
conflicts, which might terminate diea«-
trour’v lo all, it was neeessarv for tho na
tions iff Europe in establish some princi
ple which al- won!,! acknowfo so-o and
which should rfoc ; de their rcspec’i'-r rights
as between themselves.. This
suggested hy tiie actual stnTe of t!>ings
was “that discovery gave title *oThe Gov
eremert bfe whose subjects or by whose
authority it was made, against all other
Europe-m Governments, which title might
he consummated hy po*srss’op.”
This princi'ile, acknowledged hv all
Europeans, because it was the i* terest of
ail to acknowledge it, gave to the nation!
making the discovery, as its inevitable
rot sequence, -he sole right of acquiring
the soil, and making settlements on it. It
w s an * xelusive principle, which shutout
tin right of conifocT’tion ernmig there who
had agreed fr> it: not one which could an
nul the previous rights of those who had
not agreed to it. Ir regulated dte right
given hy discov* ry among the European
discoverers; but could not affect the rights
ol those already in possession, iff her as
aboriginal occupants, or as occupants by
v rloen* a discovery made before the me
mory of man. Ir gave the exclusive right
to purchase, hut did not found that right
on n denial ol the r’glit ol the possessor to
sell.
The ri hit on between die Europeans I
ut'd the natives was determined in each
case bv ;be particular Government which
asserted ad could maintain vies pre-emp
tnc pi tvs! gc in the particular place—
Th United States succeeded, to all the
claims of Great Britain, both territorial
and political; but no attempt, so far as is
known, has been made to enlarge them
I So far as they existed merely m theory,
or were in their nature only exclusive ol
the cl dims of other European nations,
they still re tain their original character,
and remain dormant. Bo for as they have
been partially exerted, they exist in
fact, are understood by both parties, are i
asserted by tin one and admitted by the
other.
boon al'for Great Britain determined
on planting colouh a m America, the king
granted chartt»rs to companies oi Ins sub
jects, who associated .or the purpose oi
carrying the views ot the crown into elfect
at doi enriching themselves. r J'he hr.-t of
these charters was made before posies- 1
-ion was tnkt nos nay part of the country j
They purport generally to convoy tiie soil j
from ihe Atlantic to the >outn sea. Tins )
soil was occupied by numerous and war-!
hke nations equally wiiknir and able to
dt lend their possessions. 'l’lie extrava
gant and absurd idea, tliat die feeble set
lemeins made on the sea coast, or the
companies Under whom they were made,
acquired legitimate pow er by them to go
vern t!ie people or occupy the lauds
fmm sea to sea did, not enter the mint! oi
any man. ’i lie v were well understood to
convey the title which according to "he
common law ofEnrupt an .-ov» reigns res
pecting America, they might rightfully
convey, and no more. This was the ex
clusive right of purchasing such lands as
the natives were willing to sell. The
crown could not be understood tog .11:
what tile crown did not aiiecf, to Garni nor
was it so understood*
The power of making war is cn ifcrred
by these charters on the colonies, hut de
fensive war alone seems to have been
contemplated. In the hr.-t charter to the
first and second colonics they are empow
ered, for their several defences to ci coun
ter e.vpulse, repel and resist, nil pi rsons
who shall without license, attempt to
inhabit within the said precincts nnd li
mits oi the said several chiouies or that
-ball enterprise or attempt at any turn* 1
hereafter the least detriment or annov
n ice ot tin sain si ver and colonies dr ph.u- 1
t at 101 is*
1 In* charter to Connecticut eonelm es
a general power to make defensive w »r
ivali ih'-se terms; nod upon jn*t oaii»rs
to invade nod destroy the natives or other
eii.-uiies of tin said colony.
f h<* satne power, ill the feme <mil
i» eoi.ferred 01 the r.Hnc U o’ - lilm.'e
I .bind,
'i tv pp-■ jr to 11 p< I invusiotmn'l up
on just cause to invi£ n .„j . , fc
n.,tn cs (,"thcrizesn»fiV,. feiTe „ ”£
tensive war, o-.h on i , c 4Uee _
ihe very ter.,- ,„pS y u.e .xisteucr
ot a country to be invaded, nild
an enemy who has g.vCi, j U6t COll .
war. " 1
The charter of W HI. in* Penn, cor.*.., *
the following recital and because i ’L
remote a country iu ar so m«n ; i HJ -;, iirUvlV
nations the iuciirsioos is uea
vages llie.ii.-eives as of other » m
rates and robbers may prot.-ib. .
ed, therefore we have gv* n, jfo , n ‘
instrument then coalers ~i „, V i cr of
war.
'1 liese barbarious latiocs wi.i >e incur
sions were feared and to r» i»■ tun-, j,,.
cursions the power i«> mam: • \ -
en, were surely no. considered astii . ob
ject of Penn, or occupying his lands dur
ing his pleasure*
The same clause is introduced into the
charter to Lord Balt more.
The charter lo Georgia prqhsses to he
granted tor the ch.intable purpose of ena
bling poor subjects to gam u coni.ortablr
subsistence l y cultivating lace's u, the A
iner can provinces, at present w.iste fc
desolate, it r cites, and Wlieieju our
provinces in Nforth Anui . . luvc been
frequently ravaged by !•.. cntuties,
more especially tli t of Nnan C irn; !la ’
which in th I lie w;ir by the ncighhorim’
savages was lain waste bv tire and s\>..rd
and great numbers of the English inhabi
tants miserably massacred ond'our lovin'?
subjects v, foi now inhabit ti.- :e In re.ison
of the smallness of their numbers will j n
case of anv nett war be exposed to tl*
like calamities, inasmuch is tluir
whole 'Southern from res contiruictli mi
settled, & belli open to the : . ( | fav _
S*
Those motives fe>r plauting the new
colony are 'ncuinpunl le wifi, the h. .v f.
dens of granting the soil, ..'.lns j iH _
hitants from sea to sea. Tiiev and ain
state the truth that tliesi , ; r • k-s a-.-w-ff-d
title against Europeans only =• -| ,. r<l
enris'dered as blank paper, so f.r s ;be
rights of the natives were con ned,
The power of war is given only for de
fcnci not for conquest.
The charters contain passages showing
one of their objects to the civilicntion
o! (lie Indians mid their conv» rsfon to
G 1 nstlanity —objects to be accomplished
by co ciliatiug conduct and good exam
ple not by ex ;• i minatleu.
The actual state of ihings and tiie prac
tice of European nations on so much of
the American continuent as lies lietween
the Mississippi and the. Atlantic ,X| lain
their claims and the charters thw «T;oit
ed. Their pretensions unavoidably inter
fered with each other; though the and scov
erv of one wrs admitted by ail o rjcelude
the claim of i. r y other the extent of that
discovery was die subject of unceasing
contest. Bloody conflicts arose between
llietn which gave importance and sec.uri
vto the r.c'gliboriu. nations. I erce ik
warlike in the i character they might he
formidable eomnit. >,• ■ ts. ctii-« friend?.
li,stead ol rou- rig the •* r -entii!( i ts, by
as ci ting claims to hinds or to do
minion over their , oas i!i. ir II ance
was sough hy finttev- a probe.--.m s, .-ad
rairehased by neh prei ents. hi. Eu<r
lish tho French : : the Bp-ci.ards, were
equally <.ompetr, ors for heir frim dsb p
! and their aid. Not writ acquinted with
the exact meaning of words not suppos
ing it to he material whether they were
called the subjects, or the children oftheir
i father in Europe lavish in professions of
! duty and uflection n return tor the rich
j presents they received; so long as their
actual independence was untouched, an 1
their right to self-government ack owled
ged, they were willing to protessffepend
eece on the Bovver which furnished sup
plies of vv liich they Were in absolute need,
and restrained dangerous intrudes from
i iff ring their country, and this was pro
bably the sense in which the term was un
derstood hy them.
(for l .mu it s, tlmt our history furnishes
! no*' sample from the first Settlement of
our country, of any attempt, on the part
of the crown to interfere with the inter
nal affairs of tho Indians larthcr than
keep out the agents of foreign 1 owers,
who ns traders or otherwise, might se
duce them into foreign alliances. The
King purchased their lands when they
were willing to sell, at a price they were
willing to take; hut never coerced a sur
render of them. He also jfeirchased their
allegiance and dependence by subsidies;
but never intruded into the interior ol
their affairs or interfered with their self
government, st» Ihr as they respected them
selva s only.
The general views of Groat Britain,
with regard to the Indians, were detailed
hy Mr. .Stuart, superintendent of I 'diait
affairs, in a speech delivered at Mobile, iu
die presence of several persons ol distinc
tion, soon after ihe peace of 17(>3. I
wards the conclusion he says, lastly I
inform you that ii is the King’s ortiirtu
all eis Governors and subjects to treat die
Indums with justice and humility, and to
forbear uli oiicroaeiiim nts o.i the iririto
rics allotted to flu m; accordingly ad > n "
divitluals prol» liited from purchas •>?
iiuv of vour lands; hut, as you know that
vour white brethren cannot iced you
when von visit them, unless you give d'ctn
ipiurnl to plant, it is expected that vent
[ will cede hinds to the King fen that pi' 1 *
, |lose. But, whenever you shall b pi'' l *'
! sed to surrender any of your terjateri* j'*
bis majesty it must he done, lor tie ,l *
'arc ;i! a public Hireling of yu r
win i tint gnveruors <>f •1 • provi' *'
lie *'ipcrinieti lant sha.l I" pre* ( i". ~u“
.Jit -jn tl.ec I.s'etit of *tll your |ieop!‘*.*j"
I’ll i honn l ines of vour hu.itmg rnuc l *
will lie ■> • eurnU ly fixed, Uiml i o -etdci .ciit
ip< nutted t * he wade upon tbf«' 4 <-
