FREE BOOKS

Author's List




PREV.   NEXT  
|<   23   24   25   26   27   28   29   30   31   32   33   34   35   36   37   38   39   40   >>  
essarily from the whole transaction, that it must, we think, be taken in the sense in which it was most obviously used. So with respect to the words "hunting grounds." Hunting was at that time the principal occupation of the Indians, and their land was more used for that purpose than for any other. It could not, however, be supposed, that any intention existed of restricting the full use of the lands they reserved. To the United States, it could be a matter of no concern, whether their whole territory was devoted to hunting grounds, or whether an occasional village, and an occasional corn field, interrupted, and gave some variety to the scene. These terms had been used in their treaties with Great Britain, and had never been misunderstood. They had never been supposed to imply a right in the British Government to take their lands, or to interfere with their internal Government. The 5th article withdraws the protection of the United States from any citizen who has settled, or shall settle, on the lands allotted to the Indians, for their hunting grounds; and stipulates that, if he shall not remove within six months, the Indians may punish him. The 6th and 7th articles stipulate for the punishment of the citizens of either country, who may commit offences on or against the citizens of the other. The only inference to be drawn from them is, that the United States considered the Cherokees as a nation. The 9th article is in these words: "For the benefit and comfort of the Indians, and for the prevention of injuries or oppressions on the part of the citizens or Indians, the United States, in Congress assembled, shall have the sole and exclusive right of regulating the trade with the Indians, and _managing all their affairs_, as they think proper." To construe the expression "managing all their affairs," into a surrender of self government, would be, we think, a perversion of their necessary meaning, and a departure from the construction which has been uniformly put on them. The great subject of the article is the Indian trade. The influence it gave, made it desirable that Congress should possess it. The commissioners brought forward the claim, with the profession that their motive was, "the benefit and comfort of the Indians, and the prevention of injuries or oppressions." This may be true, as respects the regulation of their trade, and as respects the regulation of all affairs connected with their trade, but can
PREV.   NEXT  
|<   23   24   25   26   27   28   29   30   31   32   33   34   35   36   37   38   39   40   >>  



Top keywords:

Indians

 
United
 

States

 
article
 

affairs

 

citizens

 
hunting
 

grounds

 

oppressions

 

benefit


occasional

 
regulation
 

injuries

 

comfort

 

Government

 

Congress

 

prevention

 
respects
 

supposed

 

managing


assembled

 

commit

 

considered

 

offences

 

inference

 
Cherokees
 
nation
 

country

 
expression
 

influence


desirable
 

Indian

 

subject

 

uniformly

 
brought
 

forward

 

commissioners

 

possess

 
profession
 

connected


construction

 
departure
 

proper

 

construe

 

exclusive

 
regulating
 

surrender

 
punishment
 

motive

 

meaning