Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1829-09-01
tror. the .tahonal Ll;eI
tror, the -Nat,Oaal L.;eiise.ccr.
10 THE EDIToRS.
PRESENT CRISIS IN THE CONDITION OF
THE AMERICAN INDIANS

4liE AMERICAN INDIANS
No. III.
The title the Treaty to whc!. referred in my
last number was III tlresc words:
.Articlcs concluded Hopewell, the Keowee, between
ienlam Hawkins, Andrew rickons, Joseph Martin and La
ohlan Nlenos commissioners piempo,enafy of tine United
States oil America o the part and the Head Men and
Warriors OF all the Cheroscss, OF the other"
The preface TO the articles il thus expressed:
1.-The Commissioners Ieipoie itiay of the United States
coy them into the favor and protection of United States
hn,etiea, On the following con'.tons"
Before proceed tomako an abstract of the arti-
clcs, it is proper say that in regard to this and all
s,bsequcn, treaties. SHALL be as brief appears
be consistent with putting the reader in full possess
sion of the case The material parts of trea-
ties shall cite literally; and these will be distn.
guished by double inverted commas. Other parts
will be abridged but where the principal words OF
any abrdgment are AIKEN from the treaties, such pas
sages will be marked by single inverted commas
The less material parts viii be expressed brief,
as possible i'll NY own language; but in al these ca
ses pledge myself To- the srictest fidelity. At lcas
Ike subject Of eqery article shall be mentioned, tia
the reader may Jads re OF the general aspect of tht
whole, well Of the ineanin q OF the impor
tant pats. The realty of uopcwel, then, reads a.
D.! lpl,ows
'Ar l. The Head Ncu and Warriors of all tue Cherokee
shall restore ali the prisoners citizens OF the United States,
subject, oil their allies, TO their entire liberty they shall also
stole all the negroes and all other property taken during tin
and place the Commissioners shall appoint
'ARr. = The Commissioners OF the CT,ed States in Con
assembled, shall all
Indians during a Head hie and w
Inc Ciierokees, as early as is practicable.
The said indians. themselves and their espec
tive tses and towns do acknowledge all the Cherokees %
under the protection of the United States OF Amer:ca and
.AKr The boundary allotted to the Cheroaees for the:
h"n1g grounds beiween the said indians and The citizens
is and Shall be- The iolowi This boundary defines The Nor
thcrn and Eastern limits OF the Cherokee country.
"AKr 5. IL any citizen Oh the United States other person
not being an Indian sai attempt TO settle of the land
Westward aud Southwark oil the said buuudary which
hereby allotted 10 the Indians for their hunting grounds, ha
wing already settled and VAL not remove from the same within
six months aer the ratification of this treaty such person
may punish him, or NOT as they please" Then follows pro
viso 10 settlers "bewen the Fork of French Broad
iioson, WHOSE case is 10 be ICierged Congress.
",nr 6 fany Indian, Indians, rersos residing anon
'ei, Or vii" snail take refuge Ill their Nation, shall commits
United States or person under their protection the Nations
the Tribe 10 which SUCH offender Offenders belong sha
the ordinances the United Staes provided the pun
ishas': sa!! not nc greater, ta Il TIE chime lad been
United hy citizen citizen
AK. If any Citizen of the United States person unde
their protection shall COMMIT robbery murder other ca
manner as If the crime had been committed czeu'
the punishment shall he IN The of the Cicero
KEGS VINO shall have due notice OF the time and place.
Arr g. No punishment OF the innocent for Tie guilty on eli
Their side, e%ceP, where there is manifest violation of M
Treaty; and then shall he preceded first by demand
tice and if refused, then by declaration OF hos,ies
ART For the heneht and conio OF the Indians, and 70
Indians United States Cogress assembled sha
have the sole and exclusive right Regulating
!
"Anr; TO- Until the pleasure of Congress be known respec,
ls me ih AEcc temporary provision is made ioE the sec
AHr H. The said indians slia, give notice. any design
'foled neghbong tribe by any person whon.soev
against the peacg trade, interests of tie u
ART. u 4 nat the Indians may have full confidence ~ 4.
justice ct the United Sates respecting their interests they
have right TO send deputy of their CHOICE whenever the
think fit, to Congress.
"Anr 49, The hatcllet shall be forever buried and peac
given by the United States friendship re,estabhed be
tween the said States the part and all Cterokees
endeavors MAINTAIN the peace sven as aofe
said, and friendship re established"
| These articles were signed by the four Conmis
sioners of the United States, and by tbirty-seve
Head Men and w arriors Of the Cherok ees, in tn
presence of William Bloint afterwards Governo
Of Tennessee and eight other witnesses. In the 70.
muiary which precedes the Signatures the article
are called ''Deiinitive Treaty."
! 1t may be well to look, for Il few moments q
some OF the features of this instrument, though il
by means important, as two or more of til
treaties which have since been negotiated by I'll
sumo parties. Among the documents Of ConGress
published during the last session. is letter from tl
Hon. Hugh l.. White, now Senator in Congress- t
| Mr.. JobA Ross, at present the Chief man of tn
Cherokee nation, III which the writer argues at som
length, that the treaty of Hopewel is not now il
force, account OF its having been abrogated b.
subsequent war, and its not being expressly recoG
llZed III any subsequent treaty. Whether the co n
cluslon of Judge White is correct not, has littl
bearing the present investigation II the treat,
I be not now in force, it in force once; and it,
meaning may be orth considering.
Tins is the first treaty made by the United States
with either of the South western tribes or nations
! The State Of Georgia had, previously to the evolu
tioDary war, enteredintoa compact with the Cher
okees, Of which notice will be taken, ut the proper
time. After the peace of 1893, and before the adop
ton OF the Federal Constitution, the Congress made
treaties With the indians, III preciselyhe same man
ner with European nations. Ift the power to dc
this doubted, denied, the doubt or denial bs,
never come to my knowledge. The treaty of Hope
well was negotiated by commissioners, all of whom
if | mistake rot, resided at the south; and / have
never heard that any remonstrance was offered BY
either OF the States in the neghborhood of tile Cher
okces on the ground that the Old Congress had M
po,cer to agree upon Inc Of demarkation with the
Indians line was fixed, in the fourth article, Sc
curing to the Indians the undistubed possession of
territory, which appeared the map to be part Of
Virginia. the two Carolinas, and Georgia; the States
Of kentucky aid Tennessee not LAYING tIcn heer