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Again: "The Indian nations had always been considered as distinct; independent political communities, retaining their original natural rights, as the undisputed possessors of the soil, from time immemorial, with the single exception of that imposed by irresistible power, which excluded them from intercourse with any other European potentate than the first discoverer of the coast of the particular region claimed; and this was a restriction which those European potentates imposed on themselves as well as on the Indians.

The very term "nation," so generally applied to them, means "a people distinct from others." The constitution, by declaring treaties already made, as well as those to be made, to be the supreme law of the land, has adopted and sanctioned the previous treaties with the Indian nation, and consequently admits their rank among those powers who are capable of making treaties. The words "treaty" and "nation," are words of our own language, selected in our own diplomatic and legislative proceedings, by ourselves, having cach a definite and well understood meaning. We have applied them to Indians, as we have applied them to other nations of the earth. They are applied to all in the same sense.

The Cherokee nation, then, is a distinct community, occupying its own territory, with boundaries accurately described, in which the laws of Georgia have no force, and which the citizens of Georgia have no right to enter, but with the assent of the Cherokees themselves, or in conformity with treaties, and with the acts of Congress. The whole intercourse between the United States and this nation, is, by our constitution and laws, vested in the government of the United States.

"The act of the State of Georgia, under which the plaintiff in error was prosecuted, is consequently void, and the judgment a nullity."

I have read thus much from the opinion of this distinguished jurist, and of the court over which he presided, because it illustrates the principles which ought to govern the action of this body, in language far more forcible and appropriate than I have power to command.

The practice of stipulating with the Indians against intrusion by the whites, or in interfering in any manner with their internal affairs, is older than our government. It extends as far back as the first settlement of this country; and is founded in natural justice.

It was upon the principles contained in these treaties, that Congress at an early period of our Union, founded laws regulating trade and intercourse with the various tribes, which, with slight modifications are in force to this day. And with a full knowlege of these laws-with a full knowledge of the fact that no person can go and remain in the Indian country without a license from an Indian agent, approved by the Commissioner of Indian affairs, I ask how members dare assume to extend our territorial legislation into that country!

I will read from the laws of Congress, vol. 4, p.729:

"An act to regulate trade and intercourse with the Indian tribes, and to preserve peace on the frontiers.

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"Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That all that part of the United States west of the Mississippi, &c., and also all that part east of the Mississippi, and not within any State to which the Indian title has not been extinguished, for the purposes of this act, be taken and deemed to be Indian country.

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“SEC. 2. And be it further enacted, That no person shall be permitted to trade with the Indians, (in the Indian country,) without a license therefor from a superintendent of Indian Affairs, or Indian agent or sub-agent, &c.

"SEC. 10. And be it further enacted, That the superintendent of Indian Affairs, and Indian agents and sub-agents, shall have authority to remove from the Indian country all persons found therein contrary to law; and the President is authorized to direct the military force to be employed in such removal.

SEC. 11. And be it further enacted, That if any person shall make a settlement on any lands belonging, secured, or granted, by treaty with the United States to any Indian tribe, or shall survey or attempt to survey such lands, or designate any of the boundaries by marking trees or otherwise, such offender shall forfeit the sum of one thousand dollars.

"SEC. 25. And be it further enacted, That so much of the laws of the United States, as provides for the punishment of crimes committed within any place within the sole and exclusive jurisdiction of the United States, shall be in force in the Indian country; Provided, the same shall not extend to crimes committed by one Indian against the person or property of another. From this act it will be seen, also, that the Indian country is within the sole and exclusive jurisdiction of the United States; and that offences committed by one Indian against the person or property of another are left for the operations of the laws and customs of the Indians themselves. The act developes the entire question-the rights of the Indians, the policy and exclusive jurisdiction of the government.

It would be an interesting spectacle Mr. Speaker, to witness the sovreign voters assembled in the Indian country, the judges of election appointed, the constables and magistrates ready to arrest and commit any person, Indians not excepted, who might interrupt the proceedings, and as a favorite candidate was about to be elected, to see the Indian agent appear accompanied by an officer of the army with a detachment of troops, and order the judges, constables, magistrates and electors generally to abandon the country. Yet if occasion should require this might be lawfully done.

But say the committee, the boundaries of Minnesota as designated in the organic act, includes the Indian country, and EACH PORTION OF THE TERRITORY is entitled to representation. Very true, but should not the organic act be so construed as to harmonize with the constitution and the acts of Congress relating to Indians?

The limits of the Territory include Indian country not to give jurisdiction over it now, but as the Indian title of occupancy shall from time to time become extinguished, then and not till then will jurisdiction attach. As it now is, the frequent necessity of changing names and boundaries will not arise, and the jurisdiction of the superintendent of Indian affairs is well defined. The boundaries of the Territories and States formed out of the great Territory of the north-west, itself included, were defined in the same way, yet none of them ever claimed to legislate over Indian country within their boundaries.

The States are included within the boundaries of the United States, but does it follow that the States have not a distinct sovereignty? We treat with the Indian nations as we do with all other nations; their country is within the BOUNDARIES of the United States, the country of some of them within the boundary of Minnesota, yet do they thereby lose their character as a de

endent nation? The idea that they cannot have a country within our geopraphical limits, over which we have no control, is absurd.

But our organic law puts the whole subject at rest. It defines our jurisdiction, and qualifies the words, "EACH SECTION OF THE TERRITORY, "" used in the first section.

Sec. 6, provides "that the legislative power shall be extended to all rightful subjects of legislation consistent with the constitution of the United States and the provisions of this act;" and Sec. 12, provides that, "The laws of the United States are hereby extended over and declared to be in force in said Territory, so far as the same or any provisions thereof are applicable.'

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Is not the "act regulating trade and intercourse with the Indians applicable to Indian territory in Minnesota? And is the apportionment of the Indian country into election precincts, a rightful subject of legislation? A few years hence men will laugh at us, and we shall laugh at ourselves, if not too much mortified to laugh, for having fixed upon Minnesota the ineffable disgrace of spreading such laws upon her statute books. We can now see it the principle be approved, that it may result in flooding our legislative assembly with members from the entire Indian country, who may control the whole legislation of our people. By reference to the maps it will be seen that five sixths of the territory belongs to the Indians, and if we give to the roving halfbreeds of Pembina-who by our laws would be voters--and the settlers, traders, and voyageuers on the Missouri River and other places within the Indian country, representatives in proportion to population, as they would make it appear, we are overrun completely by men who make laws to govern us but not themselves.

For our action on this subject, we cannot shield ourselves with the plea that his excellency Governor Ramsey, has established precincts in the Indian country. He came here and established these precincts under peculiar circumstances. His residence had been in an Atlantic State, remote from the Indian country, and it is most probable that he had never had occasion to become familiar with the treaties and laws relating to the Indians. To him therefore, it might be considered a new question-certainly a delicate one, as he was but providing for the first election;-and greater men than he, if it is possible there be such, might have fallen into a like excusable error. The Supreme Court of the United States, the highest judicial tribunal in America, if not in the whole world, composed of men most exalted for their virtues, learning and juridical wisdom-within whose province it is to render the acts of Congress, and of sovreign States ineffectual whenever they conflict with the constitution, however unpleasant the duty may have been, emphatically rebuked the State of Georgia for the passage of a similar law, for invading territory not her own, an invasion which such men dare not sanction, yet we, a mere dependency of congress, representing a population actually insignificant in point of numbers, we, because Governor Ramsey has opened the gap, we like

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Where angels fear to tread."

We have no such temptation as Georgia. There had been valuable gold mines discovered in the Cherokee country, and the precious metals glittered before the imaginations of the people until they were actually bereft of their better judgment, and the passage of the law was but a coerced declaration of the then misguided popular sentiment.

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It has been said that the condition It may be said-indeed it has been of Oregon is similar to our own. said, that if we vacate the seats of This is a mistake. The United States these members, we must also vacate have treated and paid for the land we the seats of the honorable members occupy, and have stipulated not to in- from Wabasha, (Mr. Wells,) Belle terfere, except in the con struc- Prairie, (Mr. Olmsted,) and Crow tion of military posts, necesssary Wing, (Mr. Warren;) this cannot be roads and agencies, with the coun- so; but if it were we should not hesitry occupied bythe Indians. These tate. They were elected by the peotreaty stipulations. are the su-ple living upon the ceded lands, who preme law of the land. But no have the right to be represented: but no such treaties exist with the Indians the people in the Indian coutry have of Oregon. Citizens of the United no such right. It is said that if we vaStates took possession of portions of cate these seats it may affect Mr. that country upon such terms as they Sibleys right to a seat in Congress. could themselves make with the In- This is not true; and if it were, it dians, and, as their numbers increased, should not influence our action. But they established a provisional govern- our decision has nothing to do with ment, and at length, after years of im- him. The lower branch of Congress portunity Congress gave them an or-alone can pass upon his election. ganic law. But for all these lands This question is of so much imporgovernment has yet to treat and pay. tance that I beg honorable members If solemn treaties had existed with to consider well before they decide. the Indians of Oregon, as with our In- I beg of them to look to permanent dians, can it be for a moment believed not temporary results; I beg the memthat Congress would enact laws, or bers from the valley of the St. Croix, sanction laws enacted by the territory not to press this evil upon us, to reof Oregon, in derrogation of such mind them if they do, that the future treaties? may return the poisoned chalice to The territorial governments estab- their own lips! I beg all, however lished from time to time in the North they may be committed, to let this West, have all observed the rights of rise above-to disconnect it from all the Indians, and probably an instance other questions, and stand or fall upon cannot be found where a representa- principle alone. I need not remind tive elected by the inhabitants of In- members that we are sworn to do dian country has been received into a this-without the obligations of an legislative body. If there be one the ad- oath as honorable men, we shouid do mission was based upon sufferance it, but the Recording Angel has placed or courtesy, and not upon right. In upon the record in Heaven, the oath the ordinance of 1787, for the govern- taken by us to support the constitument of the territory of the United | tion and discharge our duty to the States north-west of the river Ohio, best of our abilities. We may mystiis this significant provision: "And he fy the record here, but we cannot (the Governor,) shall proceed from dodge it there. The ayes and nays time to time, as circumstances may must be direct and unequivocal. require, to lay out the parts of the district in which the INDIAN TITLES SHALL HAVE BEEN EXTINGUISHED, into counties and townships, subject however, to such alterations as may thereafter be made by the legislature."

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Nor can we mystify our action so as to hoodwink our judges here. Make as many excuses as we will; gammon as much as we may, the people will scrutinize our action, weigh dur motives, and ultimately arrive at the

truth. Aye, the people, many of write upon it, "WEIGHED IN THE BAL" whom are now standing behind us, ANCE AND FOUND WANTING!" Whethbut who will be foremost at the elec-er such condemnation applies to the tion, who will take front seats when | majority, or the minority, it does not they pass up to the ballot box--are become me to say, and I will only say, already making up their judgement. I await the final decision of the peoThey are daily coming in here to ple. Not claiming to be more honest watch our proceedings. Their opin- or better than other men, my first deions are constantly forming, and as I sire is to satisfy my judgment and conobserve them one by one depart, they science, next to which is the approseem to turn and point to the wall and bation of my constituents.

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