The Massachusetts spy, and Worcester County advertiser. [volume] ([Worcester, Mass.]) 1825-1831, 1829-10-07
WHOLE NO. e94e.
From the National Inteligencer.
PRESENT CRISIS IN THE CONDITION
OF THE AMERICAN INDIANS.
NO. X.

"oula content myself with saying, in refer
ehce 10 the remaining treaties, that thew ara
perfectly consistent with the preceding ones
were 1t not, that this sweeping declaration
WouId by no means do Justice to the cause of
the indians. Several of these treaties contain
new and striking Illustrations of the doctrine
.h". Inc Oherokees were understood to possess
their country in full sovereignty. 0-o'-D
FOURTH TREATY OF TELLIco, OR NINTH NATION.
AL COMPACT WITH THE cHERoKEEs
ms treaty was executed October q. 1905.
at the same place, by the same COMMISSIONS 70
ana fourteen of the same Chiefs, and only two
Gays after the next preceding one The occa-
article: - VIC ~ D
"Art. 1. Whereas it has been re,+osentod
by the one party to the other, that the section
OF land on which the garrison of Southwest
roint STANDS, and which extends to Kingston.
is likely to be desirable place for the assem-.
Dry OF the State of Tennessee to convene at
"a committee from that body, now in session,
having viewed the situation,) now, the Chero
KEGS 0cs"g possessed eta spirit of Cancellation.
ana seeing that this tract is desired for public
purposes, and not for individual advantages.
reSerrang the ferries to themselves. ouit CHM
and cede to the United States the said section
OF lana, Understanding, at the same time, that
Inc buildings erected by the public are to be-
long to the public, as well as the corporation of
tHe same during the pleasure of the Govern
meht: we also cede to the United States the
hrst island in the Tennessee above the mouth
of the Clinch.'' '-0 ''-0U'A'
Art. = The Cherokees grant a mail road tn
the United States, from Tellico to the Tombig
pee TO be laid out by viewers appointed on
Art. 3. ain consideration of the above css.
SION ann 9ylCb9o aaaf H. G..
81, 600"
Art. f. The treaty to be obligatory when
Ratified by Mr.. Jefferson in the Senate.
"ltnln year or two past the statesmen of
Georgia have commended that the National
Government has no authority to make treaties
with indians living, as they describe the matter,
: WITHIN the limits Of sovereign and indepen-
con- stale The fact is, that the National
Government is the only competent authority.
under the Federal Constitution. to enter into
any engagements with the Indian tribes which
yet retain their organization as separate Gem
inuhlties, and are acknowledged to possess a
title to lands within definite limits. The ,lni-
form practice OF the Government has accorded
with these principles and Georgia herself has.
until very lately, been urging Congress and
;he executive to hold treaties with the Chero.
KEGS NV oiieio-
lilo" did the State of Tennessee understand
lais SUBJECT! Let the first article of the pre-
cedlng treaty answer. The legislature of Ten
nessee, desirous of obtaining site for the
erection of buildings to accommodate their
state GoVernrnent- cant Aa.,..4 i4.-- - IL
TIE point, at the junction of two beautiful riv-
ers; the Tennessee and the Clinch The
boundary as 1t then stood, ran very near this
point and the State solicited a square mile
the CnhliC
Chcrokees, out of spirit of Cancellation, and
tor Sl;oU0 N money, coded the cession of land,
WIN these remarkable reservations, viz: that
they were to retain the ferries at the seat of
government of Tennessee; and that the grant
was made for public objects only. Of course
the LAND would revert TO the Cherokees, if the
seat OF government should be removed. AS
Inc Legislature afterwards fixed the seat of
government farther West, no public buildings
were erected at this place. Narrower bounda-
F res were subsequently established between the
: hl'eo states and the Cherokees but the fer
.ies we're held ior long time, if t,.Sy are not
rea!T was ratified BY President Jefferson and
he Senate. "''0
The whole transaction strongly illustrates
several important positions, which have been
aken, or implied, in the preceding discussion.
'uch as the Invlolability of the Cherokee terri.
tory the right of the Cherokees to make or
withhold eessions of land, according to their
pleasure; their right TO impose such restric-
lions upon then grants as they pleased and
The treaty making power of the United States
BENG the only medium by which a State can
get proper title to Indian territory.
THE TREATY OF WASHINGTON, OR TENTH cou.
PACT WITH THE cHERoKEEs
Tins treaty was, negotiated at Washington.
January z, lo06, by Henry Dearborn, Secreta.
~ OF War, and seventeen Cherokee Chiefs and
Warriors.
lhe object appears to have been to adjust
certain claims OF the Cherokees and Chicka
ga saws 10 the same lands, lying between the
ehneSsee river and Duck river, in what is
now West Tennessee. This was done bv oh
tanning REIMBURSEMENT to the United States
OF : an the right, title, interest and claim,
whieh inc Cnerokees, or their nation, have, or
ever had, to the tract described, except that
TWO reservations Of small portions of this tract
are made by the Cherokess.
The United States give 10000 dollars, and
certain privileges, in consideration OF the above
The United States also agree TO use their
influence TO have certain boundary establish
ca between the Cherokees and Chickasaws, on
the south side of the Tennessee river; g Int il
is understood by the contracting paities. that
the United States do not engage to have the
aforesaid limo or boundary established, but only
endeavor to Preuad on the ChickaSaso nation to
consent to such a Itae, as the boundary betaseen
the t1oO nations"
Here it is implied, in the strongest manner,
that the United States had no right to encroach
upon Indian territory, or to fix boundaries be-
tween neighboring tribes; and that these
tribes had, as separate nations, the unuuestion.
ed power to settle their own boundaries,
The Government of the United States was
willing, however, to act the part of mediator
IN The adjustment of these boundaries Rati-
hed by Mr.. Jefferson and the Senate
TREATY OF cEIcKAsAw OLD FIELDS; OR r1pv.
ENTH COMPACT WITH THE cHERoKEEs.
This treaty was executed by Return J. Meigs