Daily Richmond Whig. [volume] (Richmond, Va.) 1828-1831, 1829-09-10
From, the .NItio,ai InieiIigencer
PRESENT CRISIS IN THE CONDITION OF
THE AMERICAN INDIANS.

proceed in the consideration OF the treaty IIu-
ston The third article provides, that 1.-THE Chero-
kee nation shall deliver up 'al persons who are
now prisoners, captured by them from any part OF
the United States" and ''thc United States shall re-
store to the Cherokccs all prisoners now in captivity
whom the citizens of the United States have captur-
cd from them" 4 period of about nine months was
allowed for compliance with this article. Here the
most entire reciprocity exists, precisely il is found
usually, IN treaties Of peace between European Pow
ers.
'Anr The boundary between tho cIzsps Of The limited
States aud the Cherokee nation is dnd shall fonws-
Mh s IN s t1:sS Of Whh Is N part The same
on the northeast is considerably cuTiaed Here had the
tract, which central part of Tennessee, and which
PROBABLY contains population oi more than 100000 souls
Aill retained by the Cherokees1
The article provides that the boundary shall he az%r.ioD'
Il sxtngush forever all claims of the Chero
Zee nation or any part thereof of the land lying the
Currahee mountain is hereby agreed THAI addition t. the
consideration heretofore made said land the Unitd
vercd to tho undersigned chiefs warriors for the use of
their nan and the said United States will also cause the sum
And the undersigned chiefs and warriors hereby for theu
selves and the Cherokee naion heirs descendants for
The consideration above mentioned, release quit claim eln
qns and cede all the land to the right Of the Inc
and beginning as aforesaid"
One object Of the treaty was declared in :hc pre-
aIn0ie to be to "Gsces tuII The limits OF the Chero-
KEGS" In the article just quoted the limits are de.
fined on the north and east; that is, on those sides
where the white settlers would live, near the borders
the Cherokees were limited by the country OF their
Creek and Chickasaw neighbours; SO chat there
would have been no Propriety in even mentioning
tho subject bore
1T the close of the article, the Cherokee chiers
"or themselves and the whole Cherokee nation their
heirs and descendants release, quit claim renuuisb
and cede certain portion ofther country; that ycry
country which had been called "hunting grounds" in
tho treaty of Hopewell, 0nd of which, as il is now
pretended, the Cherokecs were tenants at will
was IL ever before heard, that tenant a. will re-
leased and eeded land to its right owner
The phraseology here used not only mplies TINT
the word allotted in the previous treaty, meant no
more than that the boundary Of the Cherokee coun-
try WINS fred, dfned, by the article in which il IL
used: but II implies also, in the strongest manner
that the sovereign power of the Cherokees over their
territory was uDquestionabe. The word 'ceoLg" is
the most common and operative word, in all trans
ters OF territory from nation TO another. Unless
explained and limited, IL conveys the right Of sove.
rcgnty. Thus IN cessoDs Ot small portions Of land
to the General Government, for Navy Yards &c. the
several states IN the practice Of TeServ1g certain
tights; such as the right Of entering TO opprehend
criminals, &c. implying that the word ccde, would,
~ terEui1i, convey the General Government nil
the rights OF sovereignty But no party can convey
what It does not POSSESSES aud it would have been abb
surd for the United States ask and accept cessoB
without admitting that the Cherokees had power TO
make one. THIS article expressly declares that the
agreement was entered into, the ccssions made and
the compensation given "to extinghish forever ell
claims TO the Cherokee nation to the lands thus CO.
ded. Inc CbcroKecS arc acknowledged, then, to
have had claims, not cancelled by war, nor swcpt
AMY by the superior force of the United States no
ven before surrendered; claims which the solemn
sanction of treaties vas deemed necessary to cxtn-
gnish.
"Anr II stipulated and agreed thai tho citizens and
babiiants Of the United shall have fee aBd unnCese
of road from Washington dsrht to Nero dsIteL aud
the navigation Of the Tennessee Tivef"
This il another very curious provision, ii VIC arc TO
believe that the Cherokcos merely tenants ut VIII,
md the pcope of the United States the rightll own
ers But upon The only tenabe ground VIZ: that the
Chorosees bad perfect title TO the roll, with rndoubt
ID rights Of sovereignty over u, tho article is inei-
yible and reasonable. The people Of the y. STATES
vonted free passage through particular part ofihe
Cherokee territory; and the parties now sustained
micebiS relations, such passage w's G'anied by a
reaty stipulation