Funding for the digitization of this title was provided by R.J. Taylor, Jr. Foundation.
About The Democrat. (Columbus, Ga.) 1830-18?? | View Entire Issue (March 31, 1832)
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 <-
