Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1829-09-29
From tie Nuilo,ai E,tetbgeaeer.
PRESENT CRISIS In THE CONDITION OF
THE AMERICAN INDIANS.

to the remaining treaties that they perfectly con-
sssent with the preceding ones, were it not, that tins
sweeping declaration would by no means 10 Justice
to thc cause Of the Indians Several of these trea-
ties contain and striking illustrations of the doc
,tne that the Cherokees understood to possess
their country in full sovereignty
poCR1ii TREATY rELLIco, on SIXTH NATIONAL
COMPACT WIN rHE CuERoKEEs.
PMS treaty was executed October 27, 1905, at The
een of the same Chiefs, and only two days after the
IXt preceding The occasion Of It is sufficient
~ explained in the first article:
AIT. l. Whereas it has been represented BY the
one party to the other, that the section of land on
whIch The garrison of Southwest Point stands, and
winch extends to Kingston, is likely to be dcsira-
HE place for the Assembly of the State OF Tennessee
IN convene at IA committee from that body, now il.
stssion having viewed the situaon,) now, the Cher
okees, being possessed V spirit IF conctitio,, and
seeing that this tract is desired for public purposes
and no. for individual advantages, reserying The FER.
aes to themselves, quit CLAIM, and code to the United
States the said section OF ani understanding at the
same time, that the buildings erected by the public
belong the public as well as the occupa ton
at the same during the pleasure of the Government
We nzo cedc to the United States the first Island in
tie Tennessee above the mouth of the Clinch"
- Art; 2. The Cherokees gran! mail road to the
United States, from Tellico to the iombrbce sto be
iani out 10y viewers appointed on both Sides"
Art. ), "ln consideration of the above cesxios and
reng"isden the Unit cd States agree to pay to the
SAID Cherokee Indians S 600
Art. 1.-The trcuty to be obligatory wlicn rail-
fed.
Ratified by Mr. Jefferson and the Senate
W ithn year or two past the statesmen of Cicor-
G1a have contcnded that the National Government,
has aUthortyto make treaties with Indians iyinr
as they describe the matter within the limits of =
sovereign and independent State" The fact is that
the National Government is tic onv corn,et on, an
thory under nc Federal Constitution IN cntcr in
10 any engagements with the Indian tribes which va,
retain their organization SEPARATE communities
ana are acknowledged TO possess title to land with
III definite limits The uniform practice of the CIV
ernnlent has accorded with these princpjes; md
Georgia herself has until very lately been uroin,r
Congress and the Executive to hold treaties with the
Cherohees. ~
How did the State of Tennessee understood tb;s
subject Let the first article of the preceding t,no
ty answer. The Legislature of Tennessee dnr;
rous OF obtaining site for the erection of bdinns RI
accommodate their State government, sent q commit
tee to view the point at the junction of two beautiful
rivers the Tennessee and the Cinch. The bounda
ry as 1t then stood, ran very this point and the
state solicited square mile for the public object
ABOVE described The CherOkecs, out of n snirit of
conc Lation and for S 900 in money coded the Sec
ton OF land with these remarkable reservations viz
that they to retain the ferries at the seat of ov
ernnent OF Tennessee; and that the grant was made
Tor pubic objects only Of the land would re-
vert to the Cherokecs, if tie scat of government
should be removed As the Legislature afterwards
ISed the seat OF Government farther West. no Drhlir
buildings were erected at this place. Narrower
boundaries subsequently established between fhe
United States and the Cherokees but the ferries were
heid Tor q long time If they now held nv "a
slgnees of the Cherokccs The treaty was ratified
by president Jefferson and the Senate
his whole transaction strongly illustrates several
important positions, which have been ken mr. mnI
ed, IN the preceding discussion, such as tic inv6la
DI.lty OF the Cherokee territory; the ruht of thc
Cheerokecs to make withhold ccssions of land
according to their pleasure; their right to impose such
restrictions upon their grants thew pleased. and
the treaty-makmg power of the United States being
the only medium by whicha State can oct a pronsr
title to Indian territory.
TREATY OF WASHINGTON, or TENTH COMPACT WITH
nus treaty was negotiated at Washington Janu-
airy Z, 1875, by henry Dearbon, Secretary of War
and seventeen Cherokee chiefs and warriors
The object appears to have been TO adiust cortan
CLAIMS OF the Cherokees and Chckasays to the snmn
lands, lying between the Tennessee river and Dnch
river IN what is now West Tennessee This was
e gone by obtaining REIMBURSEMENT to the United
states OF .all the right, title, interest and claim
winch the Cherokees, or their nation, have or ever
lad to the tract described except that two reserva
IONS OF small portions of this TIRE made ty tic
The United States give 10000 dollars, and Ger.
un privileges, ID consideration of the above rcliu
Iulsbmcnt. 1900
The United States also agree to USE their infrcnce
- nave certain boundary established between the
.snerokees and Chckasaws on the South side of tho
tennessee river but it is understood by the contrac
ing parties, that the United States do not engage tn
hage the aforesaid line boundary established Int
ony to prevail The Chicnsa,o nation IN rons,t IN
AGs f'ne as the boundary bettUeen The lpo notons
mere 1t Is implied in the strongest manner that
.iie UEted States had right to encroac oh mon In
dian territory, or TO fix boundaries between neiphbor
ing tribes; aud that these tribes had, as separate
R"1onF, the unquestioned power to settle their own
boundaries. ~ WV
The Government Of the United States was wEinr.
AoWeVer, to act the part of mcdator in the adjust
1hent OF these boundaries Ratified by Mr.. Jefferson
and the Senate.
TREATY OF cHIcKAsAW OLD FIELDS; or E1EyEyrH
COMPACT WITH THE cHERcKEEs.
MS treaty was executed by Return J. Mcigs and
2''o3 Robertson, on the one part and five Cherokee
i{1ieta on the other, September ~ 1907
H. was made TO elncilute the next preceding trea-
~ or TO ascertain the real intention as to the boundary
tne Cherokees were to receive $4,000 for their rca
aheas to place The limits IF TIE tqad cectf ouk Of al
a""' and 1t was stipulated that ''the Cherokee hum
teS as bath been the custom in such cases. Inay hunt
On $@cH ceded ec until by the fuess Of settlers il
shall become improper" -