Page:Colonization and Christianity.djvu/405

they live under their own customs, and not under the laws of the United States." Chancellor Kent, of New York state (the Lord Coke or Lord Stair of the United States), has expressly laid it down, that "it would seem idle to contend that the Indians were citizens or subjects of the United States, and not alien and sovereign tribes;" and the Supreme Court of the United States have expressly declared, that "the person who purchases land from the Indians within their territory incorporates himself with them; and, so far as respects the property purchased, holds his title under their protection, subject to their laws: if they annul the grant, we know of no tribunal which can revise and set aside the proceeding." Mr. Clay's language is quite decided:—"The Indians residing within the United States are so far independent that they live under their own customs, and not under the laws of the United States; that their rights, where they inhabit or hunt, are secured to them by boundaries defined in amicable treaties between the United States and themselves." Mr. Wirt, the late Attorney-General of the United States, a man of great legal authority, has stated it to be his opinion, "that the territory of the Cherokees is not within the jurisdiction of the State of Georgia, but within the sole and exclusive jurisdiction of the Cherokee nation; and that, consequently, the State of Georgia has no right to extend her laws over that territory." General Washington in 1790, in a speech to one of the tribes of Indians, not only recognizes the same national independence, but adds many solemn assurances on behalf of the United States. "The general government only has the power to treat with the Indian