Page:Joseph Story, Commentaries on the Constitution of the United States (1st ed, 1833, vol II).djvu/549

power of these two limitations; and has thus given to congress, as the only safe and proper depositary, the exclusive power, which belonged to the crown in the ante-revolutionary times; a power indispensable to the peace of the states, and to the just preservation of the rights and territory of the Indians.^[1] In the former illustrations of this subject, it was stated, that the Indians, from the first settlement of the country, were always treated, as distinct, though in some sort, as dependent nations. Their territorial rights and sovereignty were respected. They were deemed incapable of carrying on trade or intercourse with any foreign nations, or of ceding their territories to them. But their right of self-government was admitted; and they were allowed a national existence, under the protection of the parent country, which exempted them from the ordinary operations of the legislative power of the colonies. During the revolution and afterwards they were secured in the like enjoyment of their rights and property, as separate communities.^[2] The government of the United States, since the constitution, have always recognised the same attributes of dependent sovereignty, as belonging to them, and claimed the same right of exclusive regulation of trade and intercourse with them, and the same authority to protect and guarantee their territorial possessions, immunities, and jurisdiction.^[3]

---

1. Worcester v. The State of Georgia, 6 Peters's R. 515; 12 Journ. of Congress, 3 August, 1787, p. 81 to 84.
2. Johnson v. M'Intosh, 8 Wheat. R. 543; Fletcher v. Peck, 6 Cranch, 146, 147, per Johnson J.; The Cherokee Nation v. Georgia, 5 Peters's R. 1; Worcester v. The State of Georgia, 6 Peters's R. 515; Jackson v. Goodell, 20 Johnson's R. 193; 3 Kent's Comm. Lect. 50, p. 303 to 318.
3. Worcester v. State of Georgia, 6 Peters's R. 515; Journ. of Congress, 3 August, 1787, vol. 12, p. 81 to 84.—Mr. Blunt, in his valuable Historical Sketch of the Formation of the Confederacy, &c. has given a very full