Indianapolis Indiana Journal in Indianapolis, Indiana
27 Jan 1830

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Indianapolis Indiana Journal in Indianapolis, Indiana
27 Jan 1830

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Indianapolis Indiana Journal (Newspaper) - January 27, 1830, Indianapolis, Indiana Indiana journal vol. , wedness january 27, 1830. No. 353. Fuse listed by Douglass amp Maguire. Terms. Seventy five cents during the session the . One Dollier for Oliree months including the Tiese Iii the legislature. Two in pillars per annul paid in Advance. Three dollars at the end the year. Advertisements inserted at the usual terms. Mme town my. . Wednesday january i amp debate. Or. Graham remarks on a proposition extend the Laws the state Over the Indian tribes within our limits. Or. Chairman the question now before the committee is one which i approach a with a conviction my inability it that Justice which it merits. It is a question sir the discussion which would require talents Superior order talents which i have no pretensions. I greatly fear sir that any thing i May Advance will have but Little influence and cast but a feeble Light on this subject. A when the project was first proposed the Senate i could scarcely persuade myself that what i Hoard was not a vision but sir my unbelief has been forced give Way reality. A committee one the most important the 1 come now inquire in what relation the Indian tribes within the limits the United states stand the states in which they reside. I have endeavoured Shew that the United states or any individual state have no feasible right either the soil or sovereignty Over any nation or tribe indians unless it can be Shewn that that right was derived from great Britain or from the indians themselves by treaty. I think i have Shewn that the right was not obtained from great Britain. Let us now examine or. Chairman what right has been obtained by treaty 1 the history our government presents a continual succession War with the Indian tribes treaties peace and War again. Whenever these free sons the Forest considered themselves ill treated or intruded on by their White Neighbours they have taken up the Tomahawk and declared War after a defeat or two they have generally sued for a Ace and who Ever heard their being called rebels against their government. No sir they have been viewed in their proper character As nations who had Power carry on War and a right treat for peace. After a most signal Delbat when they have been driven almost the last extremity we find them stipulate for their integrity As a nation and the Only Concession that have Lieen obtained from them have been that they acknowledge themselves under the Protection the United states and that whenever the nation wishes sell any part their lands they will sell them Only the United states government. These Are the general provisions in All the important treaties with them. In August its a treaty was held at Greenville Between general Anthony Wayne minister plenipotentiary on the part the United Quot states and the chiefs and warriors twelve nations indians including those indians under consideration. The first article the i treaty provides that Quot hereafter All hostilities european politicians it is their Maxim that the passage sundry Bills which were 3enateacomraittee, the members which Are a a aus or distinguished for their Liral talents and Intel i = for new i gence report a Resolution declaring what a al Lyl a the right the state control her citizens no sir that Lis lit is readily conceded but it is a declaration the right the state extend her Laws Over other nations who have from shall take place Between the said United states and the Indian it will be recollected or. Chairman that this was made under very unfavourable Circum time Immor Noreuil lived on own soil who i fun have been Over nod by their own Laws and the i defeat by the for who Averino Earmand United states under he command 11 1 in a r that hero general Wayne at a time when in War marched under for in own Chuis Natt ? o. V a a a i a v. 1 111 1 i the United states had consider real those nations who have never Ackon Lodi red us As Liege a a. 11 1 Soverel rns who Noyer have consented that the i Ute a rightful Chas Tate Indiana should control them in any i tone Ltd and brought Back heir duty they manner whatever nations who were Quot. and powerful before the state Indiana or i open rebel Ion their lawful this creat confederation had an existence sovereignty sir ins Ead treating with them sir from whence hav we derived the i they would have dictated Laws o sex end our Laws Over those Indian tribes i conquered subjects they would within the limits Indiana i will be told Quot i a Quot a As the Resolution on your table that the government the United states have Quot a on Are subjects you have no National but sir the just and humane government the United states viewed them in a very different Light. She viewed them Asna Power gives right hence they argue that the weaker must be merged in the stronger government. This theory european writers May very Well in that and similar governments but sir in this country we must reason from things As they Are. In 1816> the then Indiana territory was formed into a state. She received her existence from the Federal compact and Congress guaranteed her certain territorial limits. There were nations indians whose rights had been guaranteed them by treaty with that same government which guaranteed us a state government. This state has no Power under the Federal compact extinguish Indian title either soil or sovereignty without being guilty an act rebellion against the general government. The Only rational construction then that i can put on this guarantee the United states is that no other state or foreign Power shall be permitted exercise jurisdiction within those limits and further whenever these Indian tribes shall disposed sell their land within those limits the United states by this guarantee obliges herself Purchase and whenever the Purchase is made the sovereignty is then guaranteed Indiana. I will make a few Quot remarks or. Chairmen in relation the new and popular doctrine state rights this doctrine the unqualified right a state every thing within its limits is recent growth it is the doctrine a Southern atmosphere. The state Georgia some few years ago was anxious have the Indian title extinguished All the lands within her territorial limits. She asked Congress effect her wishes. The indians however refused sell their land Allie King that those lands were secured them by former treaties. The United states not disposed violate those treaties declined using Force obtain those lands the state Georgia considering her majesty affected declared herself Sovereign and really the doctrine seems be contagious much that we have it from the presidential chair. Sir i consider the Twenty four states United in the great Federal head one great sovereignty. The several states have vested in that head most the essential attributes wit declare War and make peace raise armies build and support a Navy appoint ministers make treaties Coin Money and indeed most the essentials Independent sovereignty. It appears me Plain that the several states have vested in the general government those essentials sovereignty no state can justly set up claims unqualified Sovereign Power. Guaranteed the state Indiana full a Ove a eighty Over every thing within her acknowledged limits. I believe it is universally admitted that no individual body corporate or sovereignty can Transfer another a bettor tons with whom she had been engaged in warfare and with whom it was the interest her it Voiht in Law or dec Uitz than he or they pos a a Mizens be at peace it is the practice a messed at the time making such Tranker. What then was the right which the govern immunities for Tho expenses ment the United states transferred Indi Ana precisely the right which she had receive 1 sometimes Possession from the Crown great Britain. This brings me inquire what right great Britain act juiced in the Are noises when the continent America was first discovered by Tho european Powers each those potentates claimed the country wherever they came without any regard Tho risk hts the inhabitants who were and had been the owners and occupiers the soil from time out mind. Just in the same manner that a a rang robbers would seize on the wraith an unprotected City because the inhabitants were not in a situation resist them. Great Britain however seems not have exercised any sovereignty Over the Indian nations in Tiit portion the new world which whole provinces in Rishton Conquest. Whether the United states had not the Power entirely subdue those nations at that time is entirely foreign the present discussion. The history those times tells us that general Wayne minister plenipotentiary on the part the United states Dan in did and obtained Large tracts land from those indians for the Obj lenses the War. And for the purpose preventing any claim which the unit exl states or any individual state might set up the soil or sovereignty the Coin itry retained by the indians the 5th article that treaty i Vides that about the Indian lands relinquished by the United states in the 4th article it is nov explicitly declared that the meaning that re minutes the pm the Indiana legislature. Reported for the Indiana Jota real. Ucli her share other than guard a not i in foreign Pov is Buther am quietly enjoy them is no record show hat she eve be p a Plantin a and dwelling thereon pretensions legislate Over their tribes or 1, exercise any control in Over them. When that a Rov rement needed their Aid in Long As they please without any molestation from the United states. But when these tribes r ,1 Skof n,.i shall he Disi posed sell their lands Orang part her numerous wars solicit a that Aid not a aft pm they Are be sold Only the United As from subjects but As from Quot Lons who . A a a a i United states messed sover Oiin lights and could lend their the Indian tribes in the quiet Aid or refuse it. Those nations made War on each other at pleasure and be not learn that great Britain Ever attempted set up any pretensions control them As subjects. She has on certain occasions when her interest was very much concerned offered her service As a mediator Between Sovereign nations and she May have done in regard the Indian tribes or nations. When the colonies declared themselves Independent great Britain they assumed no other or great a right the soil or sovereignty the country than that which they had received from the Mother country. alien that government could Confer no better or 2reater right than she had herself i think it will be conceded that the British government never set up any pretensions Powers that class contemplated in the Resolution under consideration. Or. Chairman i now assume the ground that the United states have since the formation the government considered the Indian tribes in a certain sense As Independent nations. The Constitution clashes them As nations or states and provides that Congress alone shall have Power regulate Commerce with foreign nations among the several states an Ltd with the Indian tribes and the con press the United states has Ever treated them As nations having Verestin Power. T e right make treaties has by All civilized rat tons been considered one the strongest evidences sovereignty much that Quot Evora states this Union surrendered the Nyht make treaties the general government As one the most important at tributes severe non Power. And Shew that i Ai i not mistaken in the position i have assumed i intend Shew beyond the Shadow a doubt that the government the United Sites have Ever viewed those indians in the liar it Independent nations Over whom they had no other control than that which they had obtained by treaties formally made with those nations. All treaties made by the Gover Flient the United states with foreign or Independent nations Arp negotiated by ministers appointed by the president generally by and with the advice and consent the Senate. It would be a perfect Absurdity for this or any other government appoint a minister plenipotentiary treat Ith their own subjects with people Over whom they could extend their Laws at pleasure \ treaties when ratified Are the supreme Laws the land and the several states Are As much bound observe them in Good Faith As they Are bound Heierle the Constitution the United states the treaty making Power Only has the right declare them or any Thorn void and any attempt any state this Union violate any existing should be considered an act rebellion again is the United state. Quot enjoyment their lands against All citizens the United states and against All other White persons who intrude upon the same. And the said Indian tribes again acknowledge themselves be under the Protection the United states and no other Power whatever the next article provides that Quot any citizen the United states or any other White person or persons shall presume Settle Jion the lands now relinquished by the United states such citizen or other person shall be out the Protection the United states and the indians on whose lands the settlement shall be made May drive the settler or punish him in such manner As they shall think i wish or. Chairman draw the attention the committee the treaty peace and Friendship made in 17p0, Between the United states and the incr chiefs and warriors the Creek nation indians. The 6th article provides that Quot any citizen the unit etl states or other person not Beine an Indian shall attempt Settle on any the Creek lands such person shall forfeit the Protection the United states and the creeks May punish him or not As they the preceding article solemnly guarantees the indians All their lands not sold or Given up by treaty. The 13th article the same treaty provides that Quot All animosities for past grievances shall henceforth cease and the contracting parties will carry tiie foregoing treaty into full execution with All Good Faith and the treaties i have referred developed the True relation in which the Indian tribes stand the United states. I cannot expect or. Chairman reflect much Light on a subject already sufficiently Plain. I have attempted prove that the government great Britain always considered the indians As nations who had rights in common with the other nations the Earth. And the treaty 1783, was Only intended cede the United states that nominal sovereignty which enabled that government resist the encroachments Kuro Pean Powers. I have also attempted Shew that the general government from its very commencement has viewed the indians in no other Light than As nations possessing in some degree Sovereign Power and that she has never considered it beneath her dignity meet them As nation having rights who could declare War and treat for peace who had Power govern them Seh is by their own Laws and customs and Over whom she had no other control than what she had obtained from them by treaties made with the same formality and ratified with the same solemnity As though the same had been made with the most powerful nation Europe. Or. Chairman i expect be told that the state Indiana is a Sovereign state and that in Senate. Friday Jan. 22. Or. Fletcher presented the remonstrance sundry citizens Indianapolis against changing the plat said town o r Convertini the governor House into a state House which was ordered lie on the table or. Watts Elored his protest a a Raint the Par Sage the Bill divorcing Martha m Bride which protest was spread on tie journal. Or. Ewing had his protest entered against the passage a Bill providing for the Public printing. On motion or. Stevens a Resolution was adopted providing for meeting the House representatives at two o clock Norrow evening for the Purpo a electing president judges and prosecuting att ornies. Several Bills were read a second time and passed a third Reading. The engrossed joint Resolution from the House representatives authorizing the auditor Public accounts procure a list relinquished lands from the land Oices therein named and the engrossed joint Resolution from the House representatives on the subject colonizing the free people Colour were severally read a third time and passed. Bills from the House representatives the following titles were read a third time and passed Viz a Bill supplemental an act declaring missis sinew River a Public Highway a Bil Quot establish a state Road from Martinsville by Way Lyon Mill and moors Ville leading North the Michigan Road a Bill making general appropriations for the year 1830�?a Bill vacate a certain state Road therein Nam eds a Bill extend the Powers the commissioners Morgan county in a certain Case therein named a Bill a mandatory an act authorizing the leasing Royse lick and Rock lick reserves in the county Washington for the Relief w alter Pennington and for other purposes. A joint Resolution relative a certain act the Commonwealth Vir Gina and a joint Resolution relative the Indiana College were severally read a third time and passed. Several Bills which had been Laid on the table were taken up and ordered a third Reading. The Senate resolved itself into committee the whole on the Bill provide for making a Turnpike Road from new Albany in Floyd county by Greenville Paoli mount pleasant and Washington Vincennes which was reported the Senate with sundry amendments. Several amendments were proposed read a first time and passed a second Reading. House representatives. Or. Hillis irom the committee on elections which was referred h Resolution the House directing them report a Bill providing for taking the sense the people at the next general election this stale whether they wish Call a convention modify the Constitution As provide for a biennial meeting the legislature reported that they have had that subject under their consideration and Are o Pinion that it is inexpedient legislate upon it at this time which was read and ordered lie on the table or. Fini by from the select commit tee which was referred a petition Benjamin Ardue and others on the subject a state Riad therein named reported that it is inexpedient legis late on that subject at this time. Or. Johnston Tippecanoe Frohri the select commit a Ltd which h was referred he Pel irions and report ranges together with a it in grossed Hill the Nate provide Toi the re Loc upon theseas Ojust Iceon Fountain county reported that it would be inexpedient legislate on that subject at this Lime which report was read and concurred in by the House. Tie further consideration the said Bill was then postponed until the first monday in december next. Or. Hall after having obtained leave presented a Bill for the Benefit i it the inhabitants a certain township therein named which twice read and ordered a third Reading. On motion Imp. Read the Bill provide for the erection an Asylum ill each judicial circuit was taken up when or. Hall moved postpone it till the first monday in december next which was determined in the affirmative by the following vote ayes messes. Beard Bell Bence Boon Casey Curne Davis a., Finley fit Hall Hamilton Hendricks he Refl Hillis Hoover Howk Jack Jackson Jackson Johnston k., Johnston t., Jones Leavenworth Morrison Pabody Pennington Rariden Slaughter Smith Stewart and Wallace �?33. Noes messes. Armstrong Bassett Bike coffin Davis s., Usu int Gardner Guith Hussey Ketcham Kingsbury Kinnard Levis ton Logan Long Man nov Moyer Noble Poike read Reiley Wallace and Smiley speaker�?23. The engrossed Bill authorizing an Asylum for the poor in the county Washington was on motion or. Kingsbury. Taken up and on motion or. Armstrong Iti prov igloos were extended the county Dearborn and then it was read a third time amp passed the engrossed Bill regulate the Tail Iliyof the state the prominent pro visions which we stated in our Las summary was read a third time and a ised by the follow Ira a vote ayes messes. Bassett Beard Blakj Brown or. Pennington moved Amend the Bill in the first Section by striking out the word Quot three Quot the number o commissioners and insert in lieu thereof the word Quot one Quot which motion was determined in the negative or. Rariden then moved amen i said Bill in the first Section thereof by adding after the word Quot Congress Quot the following proviso Quot provided the Statie Ohio has or shall hereafter ratify the compact heretofore entered into Between the state Indiana and the state Ohio by their commissioners Jeremiah Sullivan and Wyllis which was determined in the Omega Quot Tive by the following v the ayes messes. Bell Bence coffin Crume Fin Lily Fite Hall Hamilton Hoover Howk Jackson s., Jones Kingsbury Leavenworth Leviston Little Logan Long Moyer Pabody Pennington Polke Rariden Slaughter Wallace j., and Smiley speaker�?26. Noes messes. Armstrong Bassett Beard Blake Boon Brown Casey Conner Jivis t., Ketcham Kinnan m nary Morri on Noble Pollock read Reiley Smith Stewart., and Wallace ,�?33. Or. Evans met Ved Amend said Bill in the sixth Section thereof by inserting after the word Quot Sale Quot these words Quot As Well the first As others Quot which was adopted. A Noher amendment offered by or. Read was adopted and the Hill was considered As engrossed and read a third time and passed by the follow in it i Vore ayes messes. Armstrong Bassett. Beard Balce Boon Brown Casey Conner Davis a Davis s., Dixon Dumont Evans Fin Ley Gardner Guion Hendricks Herod Hillis Hussey Jack Jackson d., Jol Inston k., Johnston t., Jones Ketcham Kinnard Long Mcnary Morrison Noble Pollock read Reiley Smith Stewart Wallace . Wallace j., and Smiley speaker�?30. Noes messes. Bell Bence coffin crime Fite Hall Hamilton Hoover Howk Jackson s., Kingsbury Leavenworth Leviston Little Logan Quot Moyer Pabody Pennington Polke Rariden and slaughter�?21. In Senate. Saturday Jan. 23. A petition was Presori Ted Liy or. Orr from John Royley be co. Or. Orr fit Roduco a Abili Toan rend the act for opening and repairing tub lie roads and highways. Or. Clendenin ii produced a Bill authorize the building a Bridge a Cross lick Creek and Salt Creek on i e state Road from the horse shoe Beird Indianapolis. The Bill providing for the open i. G a part the Michigan Road under consideration or. Grahamm Ved an amendment the effect who h was change the location said a d As that the same should pass al g the state Road from Indianapolis Madison by Way Columbus. Or. Stevens moved reject said amendment on the ground that the Cali tsp Quot being contrary enactments s., ,Fite,Gardner,Hall,Hamil-1 the present session. Was out order ton Hendricks Perod. Jack Jones Kingsbury which motion prevailed ayes 12, , Long Mcnary Morrison Noble Pabody Pollock Rariden Slaughter Smith Wallace ., and Smiley speaker-35. Noes messes Armstrong Bell Bence cof noes 10. The Bill was then amended on motion or. Worth As ext i its that part the Road be in the Senate and negatived after one sovereignty cannot exist within another sovereignty. 1 admit sir this is the doctrine which the Bill was ordered been grossed and read a third time Morrow a message was received from the House representatives announcing Howk Hussey Jackson s., Johnston k., Johnston t., Kinnard Leavenworth Moyer Pennington Polke read Stewart and Wallace �?24. By is passed Amend an act establishing a state Road from Shelbyville intersect the Madison slate Road in Jennings county relative marriage licenses open a state Road from Raccoon Ford in the county Park fort Wayne in Allen Coli by. The Bill provide for taking an enumeration the White male inhabitants above the age Twenty one years was read a third time and passed previous. To its passage it was amended on motion or. Beard by adding an additional Section which provides Quot that collectors shall take the enumeration All actual settlers up the fourth monday in november and return the a a umber the auditor Public accounts which number shall be Consi dered a component part such the engrossed joint Resolution from the Senate the Congress the United Stales requesting a corps engineers examine and Survey White River and the East and West branches thereof and examine and found practicable Survey a canal route connect the Wabash and Erie canal with the Ohio River was read a third time and passed. On motion or. Pennington he further consideration a he Hill for Peni Gand repairing Public roads and highways was postponed until the first monday in August and Miami canal. On motion or. Blake the previous orders the Day were postponed and the engrossed Bill from the Senate provide Means for the construction the Wabash and Erie Ca Nal within the tale Indiana was la Ken up. Tween Indianapolis and the River and was then ordered be engrossed for a third Reading. The Senate resolved insist on the first and third amendments made in the Senate the Bill providing or a re location the seat Justice Sullivan county which amendments the House have disagreed. House representatives. Or. Howk from the judiciary committee which was referred than grossed Bill from the service Ani. D an act entitled an act for the Relief occupying claimants land Repolt re the same without amendment and c e Bill was then read a third time and passed. Or. Herod from the select committee which was referred the petition sundry citizens Columb praying the incorporation said town and also a remonstrance on tie same subject reported that it would be i expedient Grant the prayer said petitioners which was read and concurred in by the House or. Hall offered the following Resolution resolved that a committee often members be appointed examine into the state the unfinished business before the House with in Trust ions report what Bills and other by i Ness Are the most important nature and worthy the earliest attention. On motion or. Brown said Resolution was Laid on the table. Or. Pennington having obtained leave presented a Bill respecting a revision the Constitution this state which was read the first and second times when or. Beard moved postpone the further consideration thereof indefinitely which after some discussion was determined in the negative by the following vote Aysse messes. Armstrong Bassett Beard

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