Colonization and Christianity: A popular history of the treatment of the natives by the; Europeans in all their coloniesHowitt, William
History
Colonization and Christianity: A popular history of the treatment of the natives by the; Europeans in all their colonies
Howitt, William
Indians, Treatment of; Indigenous peoples
A more natural tone was assumed as regarded the Indians. They
were declared to be free and independent nations; not citizens of
the United States, but the original proprietors of the soil, and
therefore as purely irresponsible to the laws of the United States
as any neighbouring nations. They were treated with, as such, on
every occasion; their territories and right of self-government were
acknowledged by such treaties. “There is an abundance of authorities,”
says Mr. Stuart, in his ‘Three Years in North America,’ “in opposition
to the pretext, that the Indians are not now entitled to live under
their own laws and constitutions; but it would be sufficient to refer
to the treaties entered into, year after year, between the United
States and them as separate nations.”
“There are two or three authorities, independent of state papers,
which most unambiguously prove that it was never supposed that the
state governments should have a right to impose their constitution or
code of laws upon any of the Indian nations. Thus Mr. Jefferson, in an
address to the Cherokees, says—“I wish sincerely you may succeed in
your laudable endeavours to save the remnant of your nation by adopting
industrious occupations. In this you may always rely on the counsel
and assistance of the United States.” In the same way the American
negotiators at Ghent, among whom were the most eminent American
statesmen, Mr. John Quincy Adams and Mr. Henry Clay, in their note
addressed to the British Commissioners, dated September 9, 1814, use
the following language:—“The Indians residing within the United States
are so far independent that they live under their own customs, and
not under the laws of the United States.” Chancellor Kent, of New York
state (the Lord Coke or Lord Stair of the United States), has expressly
laid it down, that “it would seem idle to contend that the Indians were
citizens or subjects of the United States, and not alien and sovereign
tribes;” and the Supreme Court of the United States have expressly
declared, that “the person who purchases land from the Indians within
their territory incorporates himself with them; and, so far as respects
the property purchased, holds his title under their protection,
_subject to their laws_: if they annul the grant, we know of no
tribunal which can revise and set aside the proceeding.” Mr. Clay’s
language is quite decided:—“The Indians residing within the United
States are so far independent that they live under their own customs,
and not under the laws of the United States; that their rights, where
they inhabit or hunt, are secured to them by boundaries defined in
amicable treaties between the United States and themselves.” Mr. Wirt,
the late Attorney-General of the United States, a man of great legal
authority, has stated it to be his opinion, “that the territory of the
Cherokees is not within the jurisdiction of the State of Georgia, but
within the sole and exclusive jurisdiction of the Cherokee nation; and
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