The Massachusetts spy, and Worcester County advertiser. [volume] ([Worcester, Mass.]) 1825-1831, 1829-10-14
WHOLE NO. 1850.
From the National hteuigencer.
PRESENT CRISIS In THE CONDITION
OF THE AMERICAN INDIANS.

NJ. Al.
Ihere are four remaining treaties to be ex-
ahmed. Two OF them were negotiated by the
distinguished general, who ia now the Chief
Magistrate of the United States, and one by
Inc distinguished Secretary of War, who is now
vice PRESIDENT ofthe United States. On these
accounts, as well as from their inherant impor-
lance they are worthy of particular attention.
THIRD TREATY OF WASHINGTON; OR THIR-
TENTH NATIONAL COMPACT WITH THE CHER
oKEEs.
Ihlstreatywas executed on the same day with
the one next preceding; viz, March %, 1916,
and signed by George Graham for the United
states, and six Cherokee Chiefs, for the Cher.
okee nation. Being on a different subject en-
tirely, 1T was embodied in separate document.
ART. l. 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,
the Creek lands west of the Coosa and contig-
uous to the Cherokees, it became necessary to
ascertain and establish the true boundary be-
tween these nations In the body of the arti-
Gle 1t IS said, that in the treaty of January 1876
!already described as the tenth compact) g tho
United States have recognized claim on the
part OF the Cherokee nation TO the lands south
of the Big Bend" &c
ART 1t is expressly agreed, on the
part OF the Cherokee nation, that the United
States shall have the right to lay off, open, and
nave the tree use of such road, or roads,, az
shal be needed to open communication
through the Cherokee country north of the
boundary now fixed. The United States freely
to navigate all the rivers and waters "within
The Cherokee nation"
ART " In order to preclude any dispute
hereafter, relative to the boundary line now ss-
taolIshed, it is hereby agreed, that the Cherokee
nGtlon ShaLt appoint too commissioners to ae-
company the commissioners, already appointed
on the part of the United States, to run the
boundary" &c.
ART. 4. In order to avoid DELAY hereafter.
when the President of the United States shall
wish to open a new road, under the grant of
the second article of this treaty, the princi-
pal Chief of the Cherokee nation shall appoint
one commissioner to accompany the commits
sIoners appointed by the PRESIDENT to lay off
the road
ART. 5. The United States agree to paw
S25,0G0 to individuals of the Cherokee ma
ton" as ain indemnity to losses sustained by
them, from the march. of the United States
troops" through that nation"
The treaty was duly ratified bv President
Madison and the Senate
A few remarks on this document viii be
sufficient
The first article says, that the United States,
IN treaty made ten years before, recognized a
clam of.the Cherokee nation of lands south of
the Big Bend ofthe Tennessee. What claim
DOUBTLESS ouch claim the Cherokees made.
but they never made any partial, limited, or
qualified claims to their lands They never set
up title as tenants for the lives of the exist
ing generation, or tenants for years, or tenants
at VIII. They simply, and always, claimed the
lands as their oacn; and this claim the United
states must have recognized if they recognize
ed any claim at all
The fact was, that The article here referred
to, as containing recognition of the Cherokee
claim, was the one, by which the United States
engaged to prevail on the Chickasaws to agree
upon certain boundary between them and tho
Cherokses. Thus, the friendly attempt to fix
a boundary between these two Indian nations,
was justly construed, in treaty ten years af-
forwards, to be recognition of the claims of
those nations, to the lands on each side of the
boundary.
BY article second it is agreed, on the part of
the Cherokee nation, that the United States
shalt hare the right to lay off roads, in certain
part OF the nation, and in a prescribed manner.
VI course, 1t must be inferred, that the United
states had not this right before; that the as
sent OF the Cherokee nation was necessary to
invest tie United States with the right; and
that 1T must, even when expressly granted, be
exercised IN the manner, which the treaty pre-
scribsd This article speaks, also, of rivers
and waters, " aoithin the Cherokee nation .
and stipulates that the citizens of the United
States may freely navigate these waters. On
looking at the map of the Cherokee country,
as 1T then existed, the reader will find, that be-
side the Hiwassle, the Costanawea, the Cousa,
and many smaller streams, that noble river, the
Tennessee, took sweep of more than $50
miles through the Cherokee nation. There
was good reason to wish for the privilege of
navigating these waters; but. how absurd to
resort to tine treatymaking power for the pur-
pose OF obtaining it, if the country really be-
longed to Georgia and the neighboring States.
BY articles Sd and 4th, il appears, that the
Cherokee nation had q government, which the
United States acknowledged, as being always
In existence, and always competent to transact
any national business.
TREATY OF THE cHIoKAsAw COUNCIL HOUSE,;
OR FOURTEENTH COMPACT WITH THE CHER
oKEEs
This document was signed on the 18th Sep
TENDER, 1876 The title is important, and
must cite it at length.
To perpetuate peace and friendship be-
tween the United States and the Cherokee
tribe or nation OF Indians, and to remove all
future causes of dssention which NAV arise
from indefinite territorial boundaries the Pres
ident of the United States of America, by Ma.
jor General Andrew jackson, General David
Meriwetner, ana Jesse Franklin, EsquireE,
Commissioners Plenipotentiary on the one part,
and the Cherokee Delegates on the other, COW
enant and agree TO the following articles and
conditions, which, when approved by the Cher
okee nation, and constitutionally ratified by
the Government of the United States, shall be
binding on all parties"
1t is always to be presumed, that the Pres
ident Of the United States will give a fair and
natural construction to all public engagements
made by the proper authority. There are spc-
clal reasons, why the present incumbent Of
that high Office should respect the document
l am now considering, and similar one, which
, was executed the following year.
The reasons for the treaty assigned in the
I iiiln nhnun al .ns -