Daily Richmond Whig. [volume] (Richmond, Va.) 1828-1831, 1829-09-07

pronounced the Cherokccs to be q nation. itooeS
not appear that a doubt ever crossed the mna Oh q
single individual, for nearly forty years, whether
this admission were not perfectly correct rIes-
dent Adams (the elder), Jefferson. Madison, monroe'
all admitted the Chcrokecs to be a nation, and treat
ed with them as such. The Secretary Of War, NOW
Vice President of the United States) negotiated the
last treaty with the Cherokees, ana amxed ms slg-
one. the Cherokces are admitted TO be a nation, and
there is not 4 word in any ofthcse solemn Instruments,
! which, has the most distant implication of the CONTRA
,ry. If the United States are not bound in this case,
how is it possible that a party should ever be bound
by it's own admissions! The truth is, that IF our
country were bound to France, or England, by any
stipulation, however notifying TO our pride, or dis
advantageous to our interest, and the meaning of thc
obnoxious clause were supported by one-tiftielit part
OF the evidence BY which it can be proved that the
United States have recognized the nntiOnil character
IF he Cherokees, no Statesman would risk his repu-
,ation by attempting to dispute or evade The mean
ing. We should be obliged to submit To inconvc-
niences resulting from our own stipulations, TIL we
could remove them by subsequent negotiations. II
we have been overreacIied by the Chcrokces in so
many successive treaties: If they have bad the adroit-
ness to get from us repeated acknowledgements Of
their possessing a character and rights which they
did not possess: If General Washington, and a long
line of distinguished Statesmen have mad incastious
admissions; aud If, in this way, we have made a bar
gain which bears hard upon ourselves-s,ill our hands
and seals testify against US. We must be more eau
tIous the next time. ale that sweareth to his own
hurt, and %changeth not" is declared in Holy Writ
to give one proof that hn is an upright man, and will
receive the spprobation of God. In a word, il
Washington aud Knox, Hamilton and Jefferson,
compromised the interests Of this country, by indis-
Greet and 'iioughtlcss negotiations, we must gain
wisdom by experience, and appoint moro faithful and
more considerable. public agents hereafter.
Having inquired into the meaning f,he title and
preamble OF the treaty of liolstcn, let nc now direct
the attention Of the reader TO its provisions:
"ARr. I. There shall be perpetual peace aid friend hin he
tween all the citizens of the United States of America, and all
indians"
II the 'peace and fricntsi .ip' were TO be "pcrpct
uaI" the future continuance OF the Cherokee nation
OF Indians" tor all indefinite period, was taken To be
4 matter beyond all question. 1t seems clear, also,
that Indians" can constitute a nation" The word
trt6e, when used to denote community firing ,nde,,
ats oicn td'os, 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 ma
hon had been divided from time immcmorial, into
seven clans, sometimes called tribes, and the Chnc-
taw nation into two such tribes. This fact occasion
cd some of the peculiar phraseulogy in the treaty Of
H%opewcn. AS the seven clans, or tribes of the Che
rokees were united under one government, they were
all comprebended under the phrase of 'fhe tehole
Cherokee nution If Indians" and the word tribe is not
found in the treaty of iIolston. The word nation,
as applicable 10 the Cherokees. occurs no less Than
twehty'seven times, and aiways in lis large and p!o
per sense.
and al parts ofthe Cherokee nation, do acknowledge themselves
and the said Cherokee nation, TO he under the protection of the
err and they also siiPulate that the said Cherokee nation will not
With individuals of any State"
! remarked upon the treaty of Hopewell, that it has
always been a common thing fox weak States to RELY
upon the protection of stronger ones. When a weak
state acknowledges a superior, it is bound in good
faith to act in accordance with that acknowledgement
but 1t is, IN all other respects, independent of the sl-
pcrior. In other words, it retains all the rights which
1t docs not part with. What is u be understood bv
the CherOkees being under the protection of the u
nited States, Will very fully appear in the course of
this investigation. In the very article now under re.
view, the Cherokees bind themselves not to hold anv
| treaty "Wlth any fnrpiOn DOWar ~ n ,v;.b ,n, go.
dividuai State" This was n very material reIinauisb-
rnent Of their natural rights; but il was supposed 10
DC counterbalanced by various advantages secured to
them by the treaty, particularly by the solemn guar
autee in the seventh article, which will be considered
IN its order. /
II is now contcndcd by the statesmen OF Georpia, |
that the United States had no power TO make treaties
with Indians Giving" as they express it, 'ioitsin the
limits Of u sovereign and Independent State" Thus,
according to the present doctrine, General Washing
ton and his advisers made a solemn compact. which
they called a treaty, with certain Indians, whom thew
called the Cherokee nation. In this compact. the u
nited States bound the Cherokees not TO trea, with
Georgia. Forty years have elapsed without my
complaint on the part Of Georgia, in regard 10 this
exercise of the tfeaty-making power; but it is now
found that the Chcrokees are tenants az will Of Geor-
gIa; that Georgia is the only power on earth that
could treat with the Cherokees; and that they must
now be delivered over to her discretion. The Uni.
ted States then, at the very commencement of orr
Federal Government, bound the Cherokees 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
done. at the time of the treaty of Holston. Now i
IS discovered, forsooth, that the United States had no
Pover TO bind Them at all. II such an Interpretation
is to be endured by an enlightened people in The piue.
teenth century, and if, Ia consequence of il, the
Cherokees are 10 be delivered over, bound and mana
cled, if this is to be done in the face of day, and be-
fore the eyes of all mankind, II mus, be expected
that shouts and Kisses Of shame and opprobriufn will
he heard in every part Of the civilized world. Petit
Jogging is no very honorable business when ~practised |
IN n twenty shilling court but what sort Of ~pettifop.
ging would this be! Has fraud or usurpation bepu
perPetratcd III the sanctuary Of our digniiied senate.
and by means Of solemn treaties ratified in mockerv,
The effect of which il TO dispossess q "nationp Of liz
hereditary lands and Government, and 10 drive the
individuals of which 1t was composed, who are call.
ed in the preamble already cited, "Nte citizens and
members HereY0)-to drive away these "ciisensp a.
outcasts and ysgabondsl
d. n,nI -. aranr...anas.. IL -. -. |