Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1829-08-19

From the National Intelligencer.
PRESENT CRISIS IN HE CONDITION
OF IHE MEXICAN INDIANS.
The title Of the Treaty to which l refer red
in INV last number is IN these words:
"Articles concluded at Hopewe. on the Keowee, be-
tween Benjamin Hawkins, Andrew Pickens, Joseph
Martini and Ischlan M'lntosh, commissioners plenpo.
tentiary Of the States Of America, of the one part
and the Head Men and Warriors of all the Cherokees,
on the other"
The preface 10 the articles is thus expressed:
"The Commissioners Plenipo,entiary of the United
States in Congress assembled, give peace to all the
Cherokees, and receive them into favour and protec
ton of the United States OF America, on the follow
ing conditions"
Before proceed TO make an absirac' OF the
articles. Ii is proper TO say, that IN regard 10
this and all subsequent Trea,ies. l shall he as
brief as appears 10 De consistent win putting
the reader in full possess" OF he Case lhe
more marefi.l parts Of treaties shall cite lite
rally; and these will be Distinguished by doa
| bic inverted commas. Other parts will be
| abridged; bur where the principal words o
any abridgment are taken from 'he iea'ies
such passagrs will be marked by single ihvert'
ed commas The less material paris viii be ex
pressed as briefly as possible in my own lam
| to the s,ric,es fidelity. Al leas, the subject d
eUeru article shall be mentioned, That the reader
may Judge Of The. general aspect of the whole
as we'll as The meaning of he most important
parts. The Treaty at Hopewell, them reads as
| follows:
CART. |. The Head Men and Warriors OF
all the Cherokecs shall restore all tue prison
| ers. citizens Of The United States, or subJrc's
of their allies, TO their entire liberty: they also
restore all the negroes, and all o,hrr property
taken, during the late war, from the ciizens, o
such person, and a. such time and place, as the
Commissioners shall appoint.
ART .. The Commissioners OF The UDlted
Estates in Congress assembled, ,hall restore all
| the prisoners taken from the Indians during the
late war, TO the Head Men and Warriors Of the
Cherokers, as early as il is prac 'irablc.
"ARr 5. The said Indians for themselves,
and their respective Tribes and Towns, do &C
knowledge all The Cher okees to be under the
protection Of the U. States Of America, and OF
| no other sovereign wha soever.
" Arr, 4. The boundary allotted TO the Che
rokees for their hunting grounds, between the
said Indians and The ciIizens. of the United
States, within the limits OF the United States OF
America, is. and shall be, the folowing:" his
mis- Of The Cherokee country.
GO Art S. If any citizen Of the United S ates,
or any other person, not being an Indian, shall
attempt 10 settle on any Of the lands Westward
and Southwark Of The said boundary, which are
hereby allotted 10 the Indians for their hunting
grounds, or having settled AID will no, remove
from the same within six months after ra i6ca>
ton Of the treaty such person shall forfeit the
protection Of he United States, and the Indians
may punish him or not, as they please Then
follows proviso, as TO the settlers between
the Fork of French Broad and Holston," whose
case is TO be referred 10 Congress.
I" Art. 6. II any Indian, or Indians, or persons
residing among them, or who shall take refuge
in their Nation, shall commit a robbery, or
mu der. other capital crime, any citizen
Of the Unired States, or person under their
protection, the Nation or the Tribe TO which
such offender or offenders may belong, shall be
bound TO deliver him or hem up, 10 be punish
ed according to the ordinances OF the United
States" provided that the punishment shalt
not be greater than if the crime had been COM
miited by citizen on cirizen.'
"Ar.7 If any citizen Of hr United States,
or person under heir protection, shall commit
robbery or murder, or Other capital crime, on
any Indian" he shall be punished in the same
manner as if he crime had been committed
on c'iz' nj and The punis shall be in
the presence of some of the Cherokees, who
shall have doe notice Of the time and place.
Arr. 8 No punishment Of he innocent for
the guilty, on either side except where there
is a manifest violation Of this Treaty; and then
i, sh,l be preceded 6rs by demand of justice;
and # refused, then by declaration OF HOSTILE
Ties"
Arr 9. For the benefit and comfort of the
Indians, md for the prevention Of injuries or
expressions on the part of the citizens or In.
dams, the United States in Congress assembled
shall have he sole and exclusive right OF regu-
la,ing the rade with the Indians, and manag-
ing thrir affairs IN such manner as they think
proper.
cart TO- Until the PLEASURE of Congress be
known respecting the Ninth Article" tempo.
rary provision is made for the security Of traders
CAR. II. The said Indians shall! give no.