Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1829-10-02
From the .Nationot iDteiigeaccr.
PRESENT CRISIS IN THE CONDITION OF
TIE AMERICAN INDIANS.
No. y Z.


.tnn"rdl, who Is the Chief MariStrlte of the Uni
tea ata;es. and by the distinguished Secretary of
War, who isnow Vice President of the United Suites
On these accounts, well as from their inherent ir
portancc, they worthy of particular attention.
THIRD WASHINGTON; OR rruarEENru
NATIONAL COMPACT WITH cHERokEEs.
Tins treaty was executed on the same day with
the one next preceding; viz March o. I8iG and
slgncdby George Graham for the United States and
SIX Cherokee Chiefs, for the Cherokee nation. Being
OH dherent subject entirely, it embodied in
separate document.
AIR. 4. The boundary between those parts of
the Creek and Cherokee nations which Were west of
the Coosa river, is agreed upon. The United States
having obtained, by treaty, tho Creek lands west of
the Coosa and contiguous to the Cherokecs, it be-
eao'e necessary to ascertain and establish the true
boundary between these nations. In the BODY of the
article IS said that in the treaty of January 1906
lalrea6y described the tenth cogr,,acO stbe limited
states nave recognized a claim ON the part of the
Cherokee nation to the lands south Of the Big Bend
&C." ... 60 o
=, Art. e cit is expressly agreed, on the part Of
the Cherokee nation that the United States shall have
the right to lay OBJ open and have the free use of,
such road, or roads, shall be needed to open
communication through the Cherokee country north
OF the boundary now fixed. The United States free
iyto navigate all the rivers aud waters 'Within the
Cherokee nation"
ART. s. ''ln order to preclude any dispute here
after, relative TO the boundary line now established
1t is hereby agreed that the CeroEee nation shall an,
point ttoo Commissioners to accompany the commits
soners, already appointed the part of the United
States, to run the boundary &c.
Arr. i. In order to avoid delay hereafter when
the President OF the United States shall wish to Open
new road, under the grant of the second article of
ths treaty 1.-The principal chiefof the Cherokee ma
commissioners appontedby the President" to lay OF
he road,
Arr: 5. The United States agree to pay Se5,5oo
20 1ndvIduals of the Cherokee nation, ms indenl-
nfy for losses sustained by Them from the march Of
the UnnedStates troops sthroush that nation"
The treaty was duly ratified by President Madison
aid the Senate.
y very few remarks on this docuuncllt vii be suf
Gcent. ~
The first article says, that the United Suites, in
treaty made ten years hefore recognized ciu1n o.
e Gherokee nation to land south of the Big Bend of
the Tennessee. What claim. Doubtless such claim
rs the Cherokecs made But they never made any
partial, limited, or qualified claim to their lands TbeT
never set up title as tenants for the lives OF the ex-
stn generation, or tenants for years, or tenants at
Will They simply, and always claimed the land ns
'htir oon and this claim the United States must haze
Tecogni1ed, If they recognized any claim alaIl
The fact was, that the article here referred to ms
containing recognition of the Cherokee claim vrn.
the one, by Which the United States engaged to pr
vail on the Chickasaws to agree upon certain bonn
G4ry nc'ween them and the CiScrokeEs. Thus, the
friendly attempt to fix boundary hetwerr these tuo
Indian nations, was justly construed in treaty ten
Years afterwards, to be recognition of ife claims of
''1ss na.ons 10 e lands an oach 0tdH HE boundary.
by article second it is agreed, on the past of the
Lherokee nation, that the United States s1tH ho,r
ne right TO lay off roads, in certain part of the ma
ton and IN prescribed manner. OF course it must
be Inferred, that the United States had not this bo,
that the assent of the Cherokee nation was necessary
TO invest the United States 9th the right and that it
must even when expressly granted, be exercised in
t1e manner, which the treaty prescribed This arti-
GIG speaks, also, of rivers aud waters su;Ein The
Cheroee nations" and stipuates that the citizens of
the United States may freely navigate these waters
IN looking at the map of the Cherokee cDunlry as it
then existed the reader will and, that beside the Hi
wassce, the Costanawla, the Coosa and MANY smaller
streams, that noble river, the Tennessee took n
sweep OF more than $50 miles through the Cherokee
nation. There good reason to vish for the nri
Fcge OF navigating these waters; bat how absurd to
resort to the roatg-mang power for the purpose of
obtaining 1t, II the country really belonged to Geor-
gia and the neighboring States.
by articles Sd and dth it appears that the Choro
kee nation had government, which the United
States acknowledged, as being always in existence
aud always competent to transact any rational bust
hess.
TREATY OF THE caIcKAsAw COUNCIL HOUSE; Oh
IoURTEEHTH COMPACT WITH THE cHERoKEEs.
IhIs document was signed on the 18th of Septem-
Der, 1916 The title is ortant, and must cite
at length.
TO perpetuate peace and friendship between the
United States and the Cherokee tribe or nation of In
nis, and to remove all future of dissention
Which may arise from indefinite territorial boundaries
the President of the United States of America by
MoJor-General Andrew Jackson, General David Mer-
LWether, and Jesse Franklin, EsGrs, Commissioners
flenlpotentary on the one part and the Cherokee
delegates on the other, covenant and agree to the
ny a'tCleS anu ConQtOII5, winch, when appTo
Yed by the Cherokee nation, and constitutionaliy
ratified by the Government of-the United States
Shall be binding all parties"
1t is always to be presumed, that the President of
the y. States will give fair and natural constrtlc-
ton to oil public engagements made by the proper
authority. There special reasons, why the pre-,
sent incumbent ofthat high Office should respect the
document am now considering, and similar one
which was executed the following year.
The reasons for the treaty, assigned in the title a.
bo7e quoted good and sufficient reasons; and such
rs commend themselves to every mans heart and con-
silence. ITO Perpet"rte peace and friendship" be-
tween neiglboFing communities is benevolent work.
the importance Of which much depends ON the iura-
bity of the relation, to which such phraseology is ap-
pied and to remove oil future causes Of dssention
winch may arise from 'indefnite territorial bou1l1
...s " ,s 2 -..Ek ssarGaI To-. h... l. !. !