Note 6 — FOURTH CONGRESS.—SECOND SESSION. (continued 3)

This is the true ground on which the United States becomes liable to a State for its expenses in suppressing or repulsing Indian hostilities. It turns upon the idea of an actual invasion, or such imminent danger of it as not to admit of delay: then the contingency happens in which the State may engage in war, and all the acts of Congress, and the Government orders give way before a constitutional right. Tennessee, like other new countries in the United States, was settled without law, and against law. Its early settlers not only had no protection from the Federal Government, but were under legal disabilities to pursue the enemy. This arose from the policy of the Government to preserve peace on the frontiers by restraining the advance of settlements, and curbing the disposition of the people to war. The history of all the new settlements, from the Atlantic to the Pacific, is the same: people go without law, and against law; and when they can neither be stopped by the Government, nor driven back by the Indians, then the Government gives them protection.