Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1829-09-15

late acknowledge the full force of the obligations
by which we bound ourselvess Having, in the days
oE weakness, and ut own instance, obtained
peace for our own benefit, shall we noM, merely !
because no human power can oppose array Of bay |
onets, set aside the fundamental article, without
which no treaty could ever have been made.
But must proceed with other parts OF the compact.
the Cherokce lands he shall protection of the United
ANT . no citizen Of The United States shall a,em, to hunt
On the lands OF the CheroSees nor shall such citizen go INTO
the Cherokee country without passport Governor OF
State Territory or such other person the Predcn, Of Tire
United States may authorize to grant the same
delivery and punishment of criminals.
satisfaction shall have bce. demanded refused
AIR Is Inc Cherokees to give notice of any hostile designs
"AHr. H. That the Cherokee Nation may be led
degree OF cyizao and To become and cultSators,
instead of remaining in Hunters United States WILL
om time 10 time, hnish gratuoUy, the said Nation with
useful implements of hubaniy and further assist the said
h eeria'" mode of communication, the United States will
Sed such aud persons reside in said nation the
aiy to &C, as These persons snail
have lands assigned by the Cheokcss fur cultivation for hsn
exercising my kind f,raaic.'
Anr Ia. All auimo<ies cease aud the treaty be
cn,ed in good faith.
Art i6 The treaty to take effect. ratified by the
Teseu, OF the United States will, the advice and consent of
| The treaty SIGNED, in behalf IF the United
States by William Bloun., governor of the territory
:ontl, OF the Ohio, end by forty one Cherokee
Chiefs and Warriors in behalf of the Cherokee Ma
iion and was afterwards duly ratified by the Presi
dent and Senate.
4 few remarks seem to be demanded on several Of
these articles IN the ninth the country of the Che
okccs is a@3in called their .'iaaaS MS it had been
twice before; aud the citizens of tie United States
arc strictly prohibited from attempting 70 hun, said
lands; nor c"nia any OF our people even enter the
country without passport.
! line tenth article, which is ia rely mentioned in the
proceeding abstract, provides that eff any Cherokee
Indian, or indlans or person residing among them,
Or VINO shall take Tef.se IN tkeir na,nn, shall steal
horse iron commit robbery, or murder or ot her
capital crime any citizcus or inhabitants of the
United States, the Cherokee nation shall be bound
20 aet'oer Inn them up be punished according to
! the laws of the United States
Thus 1t appears, that if party Of Cherokees
should commit murder in the white settlements upon
citizens of the United States the Aiurderers couId
not be pursued foot within the Cherokee bounda-
~ Nay more, it Que of own people should COM
mt murder, or dny other capital crime and should
take refuge iii the Cherokee Nation he could not be
pnfsucu, however tagrant the case might be- and
/! however we'll known the criminal The Cherokecs
must arrest him Ill their own woy, and by their own
authority and they were bound ~ t.iS treaty to do
what by t.e laws of nations they would not have
been houne to do) that is to deliver up criminals for
punishment. Neither the United States, nor any
particular Stase had any jurisdiction the Cher
okee country. But the next article, which NV ar
glinent makes 1t necessary to quote large, is, If
possible, stfi more decisive Of the matter.
ARr H. II any citizen mhaitnt of the United States
OF oi eer the territorial districts OF the uuted States, shall
5" 'U any 'n or territory belonging the Cheokees and
S,l there coIln any crime trepas against the per-
wach, co7l"td a''in the jurisdiction IF any STATE
eth"t the urtsacon Of etthe Of e said districts, against
The laws of sach Stale district, Offenders shaf
De SUBJECT TO the same punishment and shall proceeded
ted rtn lie Jurisdiction Of or District to wh;ch he
or hey may belong against citizen white nhabian
lfthcre is any meaning in language, it is here r
res'stoy implied that the Cherokee country, or 'ster
rtory Is not within the jurisdiction OF any State
or whn the jurisdiction of either of the territorial
Dist n thn limit rT..t
d!cton Is 1t, then? Doubtless within Cherokee i'll
rIsdioton for this territory is described as ssbcyon
'n5 10 inc CheTofecs, one OF the forcibe lido
matte expressions of our language to designate ab-
sclute property. What then becomes OF the ass,,nn-
ton OF jurisdiction the Cherokees by the State
OF Georgia. This question will be easily decided by
the man who tell which is the strongest n trea.
~ OF the United States, or act of the Legislature
ol Il state. The treaty says, that the Cherokee
territory is inviolable and that even white renega-
does cannot be pursued thther. 4 recent law of
georgia declares the greater part of the Cherokee
country to be under the Jurisdiction that State and
that the laws of Georgia shall take flrcffsct anon
Tue Chero fees within less than year from the pre-
sent time. The Constitution Of the United States
art VI. has these words: IAN treaties MADE nm
der the authority of the United States shall be the
sE'rene tato Of tie tand; and the Judges in every
Sate sha be bound thereby any thing in the laws or
Const. ion any State 10 the contrary ,aoscilyfand
'ng' The question ofjurisdiction is therefore, ca
silly settled.
But the full acknowledgment octhc national ripl.;sI
OF the Cherokees and of the sacredness of their ter
ritory, not all that the treaty contains. The four
teenih article was framed expressly for the purpose
o"ess,Uang and Peypetuatng the national existence
OF the Cherokees. That they might beied TO great
CT degree q civilization" appears to have been IA
Vourlte design oft American Government. With
view to tins object, and that thew might 'becone
hcr9s"ls aaa c"itiOnto', The United States profer-
ed some important advantages; and it is by the aid
these very advantages and by the CO operation of
faithful teachers and missionaries, that the Chero
gees nave been led to "a greater degree of civilization
than any OTHER tribe of Indians So uudeniable is
this lnct that Georgia has repeatedly complained of
u: and The Government has been blamed for doing
those things which the United States we're bound 10
do by the most solemn treaty stpulatous
In word, the treaty Of IIoston is plain document
having direct obiees it's consistent with itself II
does hot contain the most distant implication, that