Lancaster gazette. [volume] (Lancaster, Mass.) 1828-1830, 1829-09-08

be for the benefit OF the Indians, ana 70
save them from injustice and oppression.
These laudable objects were gained to
considerable extent; and if the laws OF
the United States on this subject had
been always carried into full execution,
the condition Of the Indians would have
been rapidly improved, as consequence
ofthis very stipulation.
It is said that the lands of the Indians
are called their hunting grounds )" and
that they could not, therefore, have per-
manent interest in lands thus described.
But how does this appear? The treaty
has no Limitation Of time, nor is there the
slightest intimation that it was to become
weaker by the lapse of years. AS the In
dams gained their principal support by
hunting, it was natural TO designate their
country by the phrase " hunting grounds; )"
and this is as good designation, in re-
gard to the validity of title, as any other
phrase that could be chosen. 1t contains
the idea Of property, and has superadded
the idea Of constant use.
But to put the matter beyond all ques-
ton at once, let me refer to two treaties
made at the same place, by three out o!
four of the same American Commission
ers. within six weeks of the date of the
Cherokee treaty. In both these docu-
ments. g lands" are allotted to the Choc-
taws and Chickasaws "fo hue and hunt
aa." These lands were secured to the
Indian then, so long as any of the race
survived upon earth.
Having been occupied some time in
considering the indications of superiority.
let Us look little at the proofs of equali-
ty. leave to a future occasion some re-
marks upon the words treaty, peace, con-
tracing parties, &c. which carry with
them sundry most important signi6ca-
tions.
The two first articles are strictly recip-
rocal. Each party is to restore prisoners
of war. The articles would be proper,
mutatis mutandis, in treaty between
France and England.
The 9th and 18th articles provide, that
crimes committed against individuals OF
one party, by individuals Of the other,
shall be punished in the same manner.
The 9Th article has the remarkable pro-
vision, that no retaliatory measures shall
be adopted by either party, unless this
treatu shall be Uioldted; and even then,
before such measures can be adopted,
Justice must have been demanded by the
complaining party and refused by the 9TH
er. and ga declaration Of hostihties"
must have been made. Thus it is admit
ted, as well as in the two first articles, that
the Cherokees have the same right to de-
clare war as other Powers of the earth
have. To declare war and make peace
are enumerated, in our own declaration of
independence, as among the highest attrl-
butes Of national sovereignty.
The present doctrine is, that the Indians
were regarded, as sort of non-descript
tenants at will, enjoying by permission,
some imperfect privilege of hunting on
grounds which really belonged to the U.
States. But whoever heard of tenants at
will being solemnly admitted to have the
right of declaring war upon their land
lords These tenants were also strange
Iy allowed to possess the right of punish
ing, according to their pleasure, any of
their landlords, who should "attempt to
settle" upon any lands, which, it is now
commended, were then the absolute prop
erty of said landlords. But shall have
other occasion of bringing this interpreta-
ton to the test.
After the treaty of Hopewell, white set
tiers pushed forward into the wilderness
in the neighbourhood of the Indian diff
cul.ies arose; blood was shed; war was
declared; the new settlements in that
quarter were in state of great alarm and
anxiety.
In the mean time, the new constitution
had gone into operation. The treaty-mak-
ing power, which had been exercised by
the Old Congress, was now conhded to
the President and Senate Of the United
States. Gen. Washington, who always
pursued magnanimous policy with the
Indians, as well as with other nations,
took the proper measures to establish a
peace. On the I'd of July, 1871, the trea-
ty Of Holston was made; and it was after
wards ratified by President Washington
and the Senate. The title is in these
words -
"a treaty of peace and friendship,
made and concluded between the Presi-
ident Of the United States Of America, on
the part and behalf of the said States, and
che undersigned Chiefs and Warriors Of
the Cherokee nation, on the part and be-
half Of the said nation"
PREAMBLE.
The parties being DESTROYS of estab-
fishing permanent peace and friendship
between the United States and the said
Cherokee nation, and the citizens and
members thereof, and to remove the caus-
es Of war by ascertaining their limits. and
making other necessary, just, and friend
ly arrangements the President of the
United States. by WilliamBlount, Govern