, of good moral character,
to instruct them in the mode of agriculture suited to their situation;
and for teaching their children in reading, writing, and arithmetic; and
for performing such other duties as may be enjoined, according to such
instructions and rules as the President may give and prescribe for the
regulation of their conduct in the discharge of their duties."

This act avowedly contemplates the preservation of the Indian nations
as an object sought by the United States, and proposes to effect this
object by civilizing and converting them from hunters into
agriculturists. Though the Cherokees had already made considerable
progress in this improvement, it cannot be doubted that the general
words of the act comprehend them. Their advance in the "habits and arts
of civilization." rather encouraged perseverance in the laudable
exertions still farther to meliorate their condition. This act
furnishes strong additional evidence of a settled purpose to fix the
Indians in their country by giving them security at home.

The treaties and laws of the United States contemplate the Indian
territory as completely separated from that of the States; and provide
that all intercourse with them shall be carried on exclusively by the
Government of the Union.

Is this the rightful exercise of power, or is it usurpation?

While these States were colonies, this power, in its utmost extent, was
admitted to reside in the crown. When our Revolutionary struggle
commenced, Congress was composed of an assemblage of deputies acting
under specific powers granted by the Legislatures, or conventions of
the several colonies. It was a great popular movement, not perfectly
organized, nor were the respective powers of those who were entrusted
with the management of affairs accurately defined. The necessities of
our situation produced a general conviction that those measures which
concerned all, must be transacted by a body in which the
representatives of all were assembled, and which could command the
confidence of all; Congress, therefore, was considered as invested with
all the powers of war and peace, and Congress dissolved our connexion
with the mother country, and declared these United Colonies to be
independent States. Without any written definition of powers, they
employed diplomatic agents to represent the United States at the
several Courts of Europe; offered to negotiate treaties with them; and
did actually negotiate treaties with