is said, that the treaties and laws of the United States contemplate the Indian territory as completely separated from that of the states; that all intercourse with the Indians should be carried on under the exclusive government of the union; that they had always been recognized as distinct, independent political communities, retaining their original natural rights as the undisputed possessors of the soil, from time immemorial. The case to which reference has been made, contains an able review of the origin and character of our political history, of the rights of discovery, of our title to the soil, and of our policy in relation to those whose fathers preceded our ancestors in its possession. The chief justice closed an able opinion by saying, "The Cherokee nation is a distinct community, occupying its own territory with boundaries described, in which the laws of Georgia have no force, and which the citizens of Georgia have no right to enter, but with the consent of the Cherokees, or in conformity with treaties, or with the acts of congress." I have briefly exhibited to you the mode and objects in and from which the revenue of the state, and of the national sovereignty, is obtained. In so doing, I have referred to matters more or less directly connected therewith, from which you will perceive, that a division and limitation of power is manifest throughout. You will also perceive, that a disposition to encourage the establishment of political institutions, based upon the will of the people, is a prominent and pervading element. LECTURE X. THE RELATION WHICH SUBSISTS BETWEEN THE FEDERAL GOVERNMENT AND THE BETWEEN THE SEVERAL STATES AS INDEPENDENT SOVEREIGN SEVERAL STATES. TIES.-BETWEEN THE CITIZENS OF THE SEVERAL STATES. THE Colonies which existed in the United States under the protection and control of the British crown, by means of the American revolution, became independent as states, or political sovereignties. The people formed constitutions, by which the powers of government were defined, and thereby the relation between the people and the government was established. The people reserved certain rights to themselves, and retained control, to a certain extent, over the government, so as to secure a faithful administration of the trusts reposed. In all the state constitutions so adopted, evidence is contained, showing that the people did not consider themselves made for the use or benefit of those who might exercise the powers of government, that in their judgment, government should be established for the use and benefit of those governed. The state sovereignties, although vested with limited. jurisdiction, were independent of all other sovereignties or governments; they were amenable only to the constitution under which, and to the people of the state for which they had been established. The several states, as originally constituted, exercised the powers of war and peace, of making treaties, of regulating their intercourse, and the intercourse of their citizens, with other states and citizens. ernment. At this period of our history, there were two, and only two, depositories of power, the people and the state govSoon it was ascertained that the several states, independent of each other, with no common bond or contract of union, had many interests in common, for the attainment and security of which they had acted together against the parent government from which they had severed. It was ascertained that the foreign relations of the several states were similar in purpose; that the citizens of the several states, in their business operations, mingled with each other. To avoid collision and contention between themselves, to make common cause against external enemies and influence, an association of the states was proposed and carried into effect, in the form of articles of confederation and perpetual union, which was assented to by the thirteen original states. In this arrangement the several states acted in their sovereign capacity as states, in which the people, acting as individuals, had no direct agency. It was agreed, that the confederacy should be known as the United States of America; that each state should retain its sovereignty, freedom, and independence; and every power, jurisdiction, and right which had not been expressly delegated to the United States in congress assembled. Provision was made for a congress composed of delegates from the several states, the states reserving power to recall their delegates at any time, by the substitution of others. By these articles the states severally entered into a firm league of friendship with each other for their common defence, the security of their liberties, and their mutual and general welfare, binding themselves to assist each other against all force offered to, or attacks made upon them or any of them on account of religion, sovereignty, trade, or any other pretence whatever. The general intent of mutual aid and protection is manifest in the articles adopted. A prominent and important purpose was sought to be attained by providing that no state, without the consent of the United States in congress assembled, should send or receive an embassy from, or enter into any conference, agreement, alliance, or treaty, with any king, prince, or state; that no two or more states should enter into any treaty, confederacy, or alliance with each. other, without the consent of congress. These articles contain evidence of much political knowledge and sagacity; they were, however, cumbersome, and, from many defects, were found insufficient and incompetent to accomplish the purpose for which they were designed. In this condition of the country, it became essential to its interests, and to the safety of the people, to devise some scheme by which to avoid the inconvenience, the insufficiency, and the evils of the articles of association. A convention of delegates from the several states was suggested, and the suggestion was adopted, for the purpose of proposing a remedy. This convention was composed of the most able and patriotic men in the country, who were chosen for their distinguished ability and patriotism. After days of deliberate, candid, and careful discussion and consideration, an instrument, designated the constitution of the United States, was recommended to the people of the United States, not to the people of a single state, for their adoption and ratification. It was not offered for the adoption and ratification of the several states in their sovereign capacity, in which capacity they had previously assented to the articles of confederation, but to the people of the entire country, acting upon their individual will and responsibility. The people, in fact, through this convention, and the instrument which the |