France. From the same necessity,
and on the same principles, Congress assumed the management of Indian
affairs; first in the name of these United Colonies, and afterwards in
the name of the United States. Early attempts were made at negotiation,
and to regulate trade with them. These not proving successful, war was
carried on under the direction, and with the forces of the United
States, and the efforts to make peace, by treaty, were earnest and
incessant. The Confederation found Congress in the exercise of the same
powers of peace and war, in our relations with Indian nations, as with
those of Europe. Such was the state of things when the Confederation
was adopted. That instrument surrendered the powers of peace and war to
Congress, and prohibited them to the States, respectively, unless a
State be actually invaded, "or shall have received certain advice of a
resolution being formed by some nation of Indians to invade such State,
and the danger is so imminent as not to admit of delay till the United
States, in Congress assembled, can be consulted." This instrument also
gave the United States in Congress assembled the sole and exclusive
right of "regulating the trade, and managing all the affairs with the
Indians, not members of any of the States: _Provided_, That the
legislative power of any State within its own limits be not infringed or
violated."

The ambiguous phrases which follow the grant of power to the United
States, were so construed by the States of North Carolina and Georgia as
to annul the power itself. The discontents and confusion resulting from
these conflicting claims, produced representations to Congress, which
were referred to a committee, who made their report in 1787. The report
does not assent to the construction of the two States, but recommends an
accommodation, by liberal cessions of territory, or by an admission, on
their part, of the powers claimed by Congress. The correct exposition of
this article is rendered unnecessary by the adoption of our existing
constitution. That instrument confers on Congress the powers of war and
peace; of making treaties, and of regulating commerce with foreign
nations, and among the several States, and _with the Indian tribes_.
These powers comprehend all that is required for the regulation of our
intercourse with the Indians. They are not limited by any restrictions
on their free actions. The shackles imposed on this power, in the
Confederation, are discarded.