THE relations of the aboriginal tribes within the limits of the Union to the state and federal governments, form an anomaly in the history of the world. Not entirely in dependent, nor yet acknowledging any authority except of their councils and chiefs they exist as distinct communities, surrounded, but not amalgamated with the whites; their relations with them defined by treaties, but with no right of appeal in case of their infraction, and no security for their observance, except the good faith and sense of justice of the stronger party; governed by their local customs, which, however, are not recognised as laws by the people who claim sovereignty over the whole country; with an acknowledged right to the territory they occupy, founded in prescription, and guarantied by numerous treaties, but without the right of disposing of it at pleasure; recognising no civilized system of jurispru

dence, and legislating within their own limits only for their own people; their peculiar habits as a distinct class, obviously modified by the influence of civilization, but leaving it still problematical, whether their existence as one of the species of the human race is not approaching its final terminationthey present a subject well worthy the consideration of the philanthropist, and from which the legislator and statesman cannot avert their attention, without assuming the most fearful responsibility.

By the common consent of civilized nations, the aboriginal inhabitants of this continent were at an early period assumed to be dependent upon the sovereign who occupied it by the right of discovery.

All interference with them by any other civilized power, was thus excluded; and the government, by virtue of its sovereign authority, prohibited or regulated all inter

course between them and its own citizens. They were thus reduced to a state of dependency; but this, in some instances, as in the Anglo-American colonies, was done by acting indirectly upon the Indians, and by making only the white man amenable to punishment for a violation of the laws regulating the intercourse with them.

Direct usurpation was thus avoid. ed on the part of the civilized anthorities; and though in some instances hostilities with the tribes, caused by the injustice and violence of the frontier settlers, have result. ed in the conquest and occupation of Indian territory, the public faith, and the great principles of natural and national law, have been preserved inviolable, and substantial justice has been done to them.

Even in the first settlement of the country, the right which the civilized man has to vacant territory was in no instance solely re. lied on. The imperfect right of the aborigines to the vacant wilderness was bargained for, and agreements were made, by which the consent of the chiefs was obtained for the occupation by the whites of certain territory.

The history of the colonial settlements shows how generally this right was respected; and it may be safely asserted, that neither in the Anglo-American colonies or states was it ever pretended that the aboriginal had no title to the soil.

The influence of civilization, how ever, upon the natives, notwithstanding the earnest and zealous efforts of many benevolent men, was unfavourable. They yearly diminished in numbers. The Indian race, distinguished as it was for so many heroic and exalted qualities, seemed wasting away. The Pequot and Narraganset tribes had already ceased to exist; and in a few more generations, unless some check could be interposed to the process of destruction, the sword, the pestilence, and the vices which they had acquired from the example of their civilized neighbours, without adopting the social and political system which deprived those vices of their extermina. ting qualities, would have completed their work; and the race would be numbered with those, whose language and customs only excite the curiosity of the antiquarian. The gradual recession of this extraordinary race from the advancing footsteps of civilization, and the disappearance of tribe after tribe from the continent, as it be. came occupied by civilized men, leaving only their monuments to indicate they once had been, excited a melancholy interest in the public mind, even previous to the American revolution. The humane

fore, and as patriots, watchful over the national character, they were desirous to save the Indian from his impending fate, and to elevate him to the rank of civilized man. They felt this to be due, not only to the savages and to their own character, but it was a just tribute to their ancestors, who had founded this empire of civilized humanity in the American wilderness, as an asylum from the oppression and injustice of the old world.

Upon the assumption of inde. pendence, this anxiety was increased by the greater responsibility which devolved upon them, as the sole arbiters of the future relations that were to exist between the civilized and christian states, estab. lished by their efforts and the ignorant and heathen tribes within their limits. While they anxiously sought to perpetuate and extend the American republic, they were not unmindful of the untutored savages around them. Even at the commencement of their desperate conflict with the parent countrywhen their coast was assailed by her fleets, their territory occupied by her armies, and their frontier settlements threatened by the savages, who were regarded as a part of the means 66 'placed by God and nature in her power," to reduce them to submission; at this moment of impending peril, they forgot not their obligations towards the aboriginals, but deliberately adopt

ed, as a part of their national policy a plan to improve their condition.

They exhorted them to stand aloof during the approaching conflict. An Indian department was organized, and placed under the direction of commissioners; and in the same year that the declaration of independence received the sanction of congress, resolutions were adopted, providing for the protection and improvement of the condition of the aborigines, and recommending measures for the propagation of the gospel, and the introduction of the arts of civilized life among them. From that period, down to the adoption of the federal constitution, the efforts of congress were directed to establish peaceful and friendly relations between the United States and the Indian tribes, upon fair and moderate terms; and upon the adoption of that instrument, this philanthropic policy was more fully developed, and carried into effect with more enlarged views and extended means. Previous to that event, difficulties had grown out of the claims on the part of the state governments to participate in the care and estab. lishment of our Indian relations. By the articles of confederation, congress was invested with the pow. er "of regulating trade and managing all affairs with the Indians not members of any of the states, provided the legislative right of any state within its own limits, be

not infringed or violated." These limitations on its authority, proved the source of much embarrassment under the old confederation.

It was impossible to make any treaties with the Indian tribes, which might not, in some event, be construed as infringing, or limiting the legislative right of the state, within whose limits they were situated.

Collisions were also produced, by the express limitation of this power to Indians, who were not members of the states. It was indeed easy to discriminate between the powerful southern and north. western tribes, who claimed to be independent, and by their number and courage afforded substantial evidence of the strength of their claim; and those feeble remnants that were found in the eastern and middle states, and the Indian reservations. These tribes, whose numbers seldom amounted to a hundred families, deprived of the pow. er of sustaining themselves, partially civilized, and accustomed to depend upon the protection and humane care of the local authorities, were properly considered as members of the states where they resided. Without any of the attributes of independence-unable to protect themselves from their neighbours, and even from themselves, it was humane and fit that those who were able should assume the power and responsibility of

controlling and governing them.They were not regarded as objects of the care of a government instituted for national purposes; but formed a part of the several communities in whose bosom they dwelt, as the gipsies formerly constituted a part of the European states.

On the other hand, those tribes which did not come in contact with even the frontier settlements of the colonists, as naturally fell within the jurisdiction of the general government. They were independent in fact, under the government of their own chiefs and national councils; and at the formation of our government, so far from claiming any authority over them, great solicitude was manifested, and great pains taken, by the public authorities, to conciliate them, and to preserve their friendship and neutrality.

Between these two classes there was a great distance, and the tribes that did not clearly fall within the one or the other, afforded ground for controversy between the continental congress and the state govern

ments.

The federal constitution was framed with full reference to this state of things. In the convention which framed that instrument, several efforts were ineffectually made to adjust these conflicting claims.

At length the matter was arranged, by vesting the treaty-making

power exclusively in the United States; making these treaties the supreme law of the land; and by omitting the proviso, preventing congress from making any Indian regulations, infringing the legisla. tive right of any state within its own limits. The grant of unqualified authority to regulate com. merce with the Indians, the exclusive right of repelling by force their hostile encroachments, and of making treaties with them, vested the whole power in the gene. ral government.

In pursuance of the authority thus granted, the venerable Washington and his enlightened cabinet proceeded to fulfil their duties, both towards the states and the Indian nations. They intended, if possible, to raise them to an equality with the whites; and all events to show to the world, in case of their extinction, that the American government had no participation in hastening that unhappy result.

With this view, provisions were made regulating the Indian trade, and a deliberate scheme of policy adopted for their gradual improvement and civilization. Treaties were made with the principal tribes, defining the boundaries between their territory and that belonging to the whites; and the United States agreed to furnish them with domes. tic animals, implements of hus. bandry, blacksmiths, and, in some instances, "suitable persons to VOL. III.

teach them to make fences, cultivate the earth, and such of the domestic arts as are adapted to their situation. The object of these treaties cannot be misunderstood. It was an offer, on the part of the national government to the aborigi. nal of civilization. It was a manifestation, of one of the most glo. rious attributes of superior intelligence, and breathed the purest spirit of a religion, which proclaims peace on earth, good will among men.

This offer was accepted on the part of the Indians. Amidst all the degradation which had attended their intercourse with the whites, a portion of them had always manifested an earnest wish, to preserve their race from extinction, and to partake of the improvement of their civilized brethren.

Upon this footing, our relations stood at the commencement of the federal government. This government claimed sovereignty, over the whole territory as defined by the treaty of 1783, to the exclusion of all civilized powers; but did not assume, to exercise any of its rights over the Indian tribes, which existed as distinct communities. of the tribes, had so far diminished in number, as to cease to be objects of national concern. Others, though more numerous, and still preserving their individuality and peculiar laws, had formed relations with the state governments, anterior to the adop

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