The Massachusetts spy, and Worcester County advertiser. [volume] ([Worcester, Mass.]) 1825-1831, 1829-09-16

: he that sweareth to his own hurt and CHANG.
eth not, IS declared in Holy Writ to give one
proof that he is an upright man, and will re.
ceive the appreciation of God.
In a word, if Washington and Knox, Hamilton
and Jefferson, compromised the interests Of
this country, by indiscreet and thoughtless ne.
goclatons, we must gain wisdom by expert.
ence, and appoint more faithful and more con.
siderate public agents herafter
HaVlng inquired into the meaning of the
title and preamble of the treaty of Hofston, slet
me now direct the attention of the reader to Its
provisions
Art. !. There shall be perpetual peace
and friendship between all the citizens of the
United States of America and all indiyiduaIa
dians."
1t the peace and friendship" were to DO
perpetual the future continuance of the
Cherokee nation Of Indians" for an indefinite
period, was taken to be matter beyond all
9Iestlon: 1t seems clear, also, that " Indians"
when used to denote communitv Liying under
ats oacn laos, is of equal force with the word
nation; and IN this sense it is to be TAKEN
wherever it occurs in the preceding discussion
But the Cherokee nation had been divided
from time immemorial, into seven clans. some.
times called tribes, and the Choctaw nation in.
to two such tribes This fact occasoned some
OF the peculiar phraseology in the treaty of
Hopewell. AS the seven clans, or tribes of the
Ckerokees were united under one government.
they were all comprehendsd under the phrase
OF" the ach0te Cherokee nation of Indians"
and the word tribe is not found in the treaty of
Holston. The word nation, as applicable to
the Cherokees, occurs no less than twenty.
seven times, and always in its largo and prop
er sense.
"ART. 2. The undersigned chiefs and war.
e, al ,,,Io III
kee nation, do acknowledge themselves and the
said Cherokee nation, to be under the protec.
ton of the United States of America and of no
other sovereign whatsoever and they also stp.
ulate that the said Cherokee nation will nor
hold any treaty with any foreign power, indi.
vidual State, or with individuals of any State"
remarked upon the treaty OF Hopewell, that
it has always been a common thing for weak
States to rely upon the protection of stronger
ones. When weak State acknowledges a su.
peror, it is bound in good faith to act in accord
ance with that acknowledgement but it is in
all other respects Independent of the superior
In other words it retains all the rights it does
not part with What is to be understood bv
the Cherokees being under the protection Of
the United States, viii very fully appear in the
course of this investigation. In the very arti-
Gle now under review, the Cherokees bind
themselves not to hold any treaty with any
State This YVES a very material rsIinquish-
ment OF their natural rights bat it was sup
posed to be counter balanced by various advan-
tages secured to than by the treaty, paltcu-
larlp by The solemn guarantee in the seventh
article, which will be considered in its order.
1t is contended by the Statesmen Of
Georgia, that the United States had no power
to make treaties with Indians " living, as they
expressed it, a" Irithin the limits of a soreysign
and independent State Thus, according 10
the present doctrine, Gen. Washington and his
advisers made solemn compact, called
treaty, with certain Indians, whom they call.
ed the Cherokee nation. In this compact, tho
United States bound the Cherokees not to treat
with Georgia. Forty years have elapsed with.
out any complaint on the part of Georgia, in
regard to this exercise of the treaty-making
power; but it is now found that the CherokeeS
are tenants at will Of Georgia; that Georgia is
the only power on earth that could treat with
the Cherokees; and that they must now be de-
lIyered over to her discretion. The United
States then, at the very commencement of our
Federal Government, bound the Cherokeea
hand and foot, and have held them Bound nearly
forty years, and have thus prevented their
making terms with Georgia, which might
doubtless have been easily dons at the time of
the treaty of Holston. Now it is discovered for.
sooth, that the United States had no Dooer to
to be endured by an enlightened people in the
nineteenth century, and if, in consequence of
it, the Cherekees are to be delivered over.
bound and manacled, if this is TO be done in the
face day, and before the eyes of all mankind,
it must be expected that shouts and Kisses of
shame and opprobrum will be heard in every
part OF the civilized world. Pettifogging is no
very honorable business when practised in q
twenty shilling court; but what sort of petit
hao
tion heen pefpetrated in the sanctuary of our
dignhed Senate, and by means of solemn trea-
ties ratified in mockery' the effect OF which is
TO disposses :" nation" of its hereditary lands
and Government, and to drive the individuals
ofwhich it was composed, (who are called in
the preamble already cited, " tho citizens aud
members thereof, ITO drive away these i" cisi.
gems" as outcasts and vagabondss
But such an Interpretation, SO insulting to
the Cherokees and to the common sense Of
mankind, and so cruel in its operations, cannot
be admitted. Washington was neither usurp-
er of unconstitutional power, nor an intriguing
oppressor nor were Ellsworth and his fellow
Senators, either novices or cheats.
WILLIAM PxSs.
NO. VI.
proceed in tho consideration OF the treaty
of Holston. The third article provides, TINT,
the Cherokee nation shall deliver up call
persons who are now prisoners, captured
by them from any part of the United States =
and "the United States shall restore to tho
Cherokees all prisoners now in captivity, whom
the citizens of tho United States have captured
from them" A period of about nine months
was allowed for compliance with this article.
Here the most entire reciprocity exists, precise
" as it 10 found, usually in treaties Of peace be.
tween European Powers.
CART. 4. The boundary between the citi-
zens of the United States and the Cherokee
nation is and shall be as follows Here the
boundary is described, which is in part, the
same with that in the treaty of Hopewell; but
the Cherokee country on the northeast is con-
siderably curtailsd. Here had been the seat OF
hilrino the ininrual hat nan fhn iran.