The Massachusetts spy, and Worcester County advertiser. [volume] ([Worcester, Mass.]) 1825-1831, 1829-09-23
WHOLE NO. e947.

lands assigned by the Cherokees for cultiva-
ton for themselves and their successors in Of
flee but they shall be precluded exercising
any kind of traffic.
ART. Is. All animosties to cease, and the
treaty to be executed in good faith
ART. 10. The treaty to take effect, as soon
as ratified, by the President of the United
States, with the advice and consent of the
Senate
The treaty was signed, in behalf of the Unit.
ed States, by William Blount, Governor of the
territory South of the Ohio, and forty-one
Cherokee Chiefs and Warriors in behalf Of the
Cherokee Nation; and was afterwards duly
ratified by the President and Senate
A few remarks seem to be demanded on sew
eral of these articles. In the 9Th, the country
of the Cherokees is again called their 4" lands"
as 1t has been twice before and the citizens of
the United States are strictly prohibited from
attempting to hunt on said lands nor could
any OF our people even enter the country with
out passport.
t The tenth article, which is barely mentioned
IN the preceding abstract, provides, that " if
any Cherokee Indian, or Indians. or person re-
siding among them, or who shall take refuge
IN their nation. steal horse from, or commit
robbery, or murder, or other capital crime on
any citizens or inhabitants of the United States,
the Cherokee Nation shall be bound to delicer
ham or them up, to be punished according to
tHe laws Oh the united states.
Thus it appears, that if party of Cherokees
should commit murder in the white settlements,
upon citizens Of the United States, the murder
ers could not be pursued foot within the
Cherokee boundary. Nay. more, if one of our
own people should commit murder or any 9TH
er capital crime, and should take refuge in the
Cherokee Nation, he could not be pursued
however fragrant the case may be, and howev-
er well known the criminal The Cherokees
must arrest him in their own way, and by their
own authority; and they were bound by this
treaty to do, (what by the laws of Nations they
would not have been bound to do,) that is, to
deliver up criminals for punishment. Neither
the United States, nor any particular State,
had any jurisdiction over the Cherokee coun-
try. But the next article, which my argument
makes it necessary to quote at large, is, if pos-
sbe, still more decisive Of the matter.
ART. IL. If any citizen or inhabtant of the
United States, or either Of the territorial dis
trlcts of the United States shall go into any
town, settlement or territory belonging to the
Cherokees, and shall there commit any crime
upon, or trespass against the person or proper
ty ofany peaceable and friendly Indian or In
dams: which, J committed teithin the juTisdic-
ton Of ang Slate, or ,cithin The jurisdiction of
either cf the SAID districts, against citizen or
any white inhabitant thereof, would be punish
able by the laws of such state or district, such
same punishment, and shall be proceeded
against in the same manner as if the offence
had been committed lcithin the Jurisdiction of
the State or District to which he or they may
belong, against a citizen or white inhabitant
thereof
Ifthere is any meaning in language, it is
here irresistibly implied, that the Cherokee
country, or " territory is not " within the ju-
risdiction of any State, or within the jurisdic-
Inn of tlar 81 n
United States" Within what jurisdiction is il,
then Doubtless within Cherokee jurisdiction
for this territory is described as belonging to
the ChcrOkeeS, one of the most forcibie lido
matte expressions Of our language to designate
absolute prosperity. What then becomes OF
the assumption of jurisdiction over the Chero-
KEGS by the State of Georgia This question
will be easily decided by the man who can tell
which is the strongest, a treaty of the United
States, or an act of the Legislature of State
The treaty says, that the Cherokee territory is
Inviolable; and that even white renagadoes
cannot be pursued thther. A recent law of
Georgia declares the greater part ofthe Chero-
kee country to be under the jurisdiction of
that State and that the laws Of Georgia shall
take full effect upon the Cherokees within less
than year from the present time. The Con-
stitution of the United States (Art. VIZ has
these words: CAN treaties made BY the au-
thority of the United States, shall be the sa-
preme taao Of the land; and the judges in ev-
cry State shall be bound thereby, any thing in
the laws or Constitution of any State 10 the
contrary notwithstanding" The question Of
jurisdiction is, therefore, easily settled.
But the full acknowledgment of the national
rights of the Cherokees, and of the sacredness
OF their territory, is not all that the treaty
contains. The fourteenth article was framed
expressly for the purpose Of preserving and
he NJ Of
Cherokees. That they might "be led to a
greater degree Of civilization" appears to have
been favorite design. of tho American Gov
eminent. With view to this object, and that
they might " become herdsmen and cuitiuators,'
the United States proffered same important
advantages; and it is by the aid of these very
advantages, and by the cooperation of faithful
teachers and missionaries, that the Cherokecs
have bGen led TO greater degree of civliza-
tion than any other tribe of Indians. So undo
niable is the fact, that Georgia has repeatedly
complained of it; and the Government has
been blamed for doing those things which the
United States were bound to do by the most
solemn treaty stipulations.
In word, the treaty of Ho!ston is plain
document, having direct object. 1t is con-
sistent with itself. 1t does not contain the most
distant Implication, that any portion of the hui
man race, except the CheIokees themselves,
had even the shadow of claim upon the Chero-
kee territory, 1t guarantees that territory TO
its possessors as their own absolute property
accepts some small grants from them and en-
cages that the United States shall befrisnd
them in their future efforts for improvement.
That the Cherokees have never forfeited the
benefit of these stipulations will appear in sub
sequent numbers. WILLIAM PENN.
NO. VIII.
On tho 18th Of February, 1893, an additional
article was signed at Philadelphia, by Henry
Knox, Secretary of War for the United States,
and seven chiefs and warriors in behalf Of the
Cherokees. As this article was the result Of "A
distinct negotiation, held seven months after