The Massachusetts spy, and Worcester County advertiser. [volume] ([Worcester, Mass.]) 1825-1831, 1829-12-02
From the National htelligencer.
PRESENT CRISIS IN THE CONDITION
OF THE AMERICAN INDIANS.
NO. XVIII

. PRESENT CRISIS IN THE CONDITION
OF THE AMERICAN INDIANS.
NO. XVIII.
II Is well known, Messrs Editors, that Ions
series OF numbers, on single subject, is not ap
10 be read especially if it be of the nature of
iegai or diplomatic discussion. On this account
have felt many misgvngs in calling upon the
public to follow me from one stage to another
OF the negotiations with the Cherokees but
nave been advised that no part of the preceding
numbers could be omitted without injury to the
cause IT were arguing before the Supreme
Court OF the United States, simple reference
would, IN many cases, be sufficient, where ]
nave telt 1t necessary to make quotations. YET
l think any candid lawyer will admit, that, if he
were pleading the cause of the Indians before
the highest tribunal in our country, he would
be constrained, by faithfulness to his clients, to
dwell much longer upon some topics than |
have done. Let it be remembered, that the
honest, fair minded, intelligent members of the
American community are to decide this ques-
ton; or at least, that they may decide it Justly
and properly, if they will take the trouble TO
understand it, and will distinctly and loudly ex.
press their opinions upon it,
And here let me humbly intreat the good
PEOPLE OF the United States to take this trouble
upon themselves, and not to think 1t an UNI e as
enable task. Let each intelligent reader con-
MN resolve to bring in such verdict as he can
hereafter regard with complacency. 1t is not
single man who is on trial, and who may lose
MS lite by the carelessness of the Jury Sixty
thousand men, women and children, in one part
OF the United States, are now in constant ex.
Pectation of being driven away from their coun-
try IN such manner, as they apprehend, will
result In their present misery and speedy exter-
mlnation. Sixty thousand human beings, to
| whom faif Of fha Inf
pledged in the most solemn manner, to be drluen
a'cay-and yet the People of the United States
unwilling to hear their story, or even 10 require
slence till their story can be heard!
lam encouraged, Messrs. Editors, to proceed,
| by the assurance which has reached me from
inherent quarters, that our community is not
calious to every feeling of justice and honor, in
relation to the Indians; that there is greater
disposition to inquire on this subject than on
any other now before the public and that even
my numbers, deficient as they are in vivacity,
are extensively read with that interest, which
the magnitude of the cause, in all its bearings,
J may we'll excite.
"A few remarks upon the treaties with the
Cherokees may not be useless
1t is natural inquiry, Have there been any
attempts TO treat with this nation since the yoar
1919? There have been many and although
| the Statesmen of Georgia now think that the
United States have no power to make treaties
with the Indians, 1t is not more than one or two
years since they were urging Congress to make
appropriations for .his object, and pressing the
Executive to procure the Cherokee country by
neSotiation. III regard ~ ills matter they have
been extremely importunate. Mr.. Monroe was
leased by them during his whole Presidency.
Their scruples, as to the extent of the treaty
making power, are of quite recent origin and
it is supposed that they would not vehemently
| demonstrate, if treaty should now be made,
the terms of which should compel the Chero
KEGS to take up their residence under the shade
| of the Rocky Mountains. The scruples about
I the treaty making power seem not TO have ex-
! listed till after the Chcrokees refused to treat
any more. When Chiefs and People had thus
refused, at home and abroad, in their own terri
tory and al Washington-when they had de-
clared in writing, that there was not money
enough in our National Treasury to purchase
an additional foot of Cherokee land and when
these declarations were made with determine
tion and constancy which left no hope of form
| ing treaty, then it was discovered that the
! Government of the United States possessed no
pOaoer to make a treaty.
In my third number | observed, that it is of
little Importance whether the treaty of Hope
well is in force now, not and that Judge
| White OF Tennessee, supposed it to be abrogat-
ed. All the most material parts of that treaty
are incorporated into the treaty OF Holston
There is one provision, however, not thus in
corporated, viz, that the Cherokees may send
! Deputy of their choice to Congress. Though
this treaty of Hopewell was made Under the old
Confederation, yet, if it is in force, good faith
would require that the Cherokees should now
be allowed privilege tGnt0mount TO sending
Deputy to Congress at the time that treaty was
made.
The following reasons which have become
apparent in the course of this investigation,
satisfy me that the treaty of Hopewell is still in
force
l. In all the subsequent treaties, there is no
intmatlon, not even the most obscure, that this
treaty, or any other, had been abrogated, an
nulled, or superseded.
g. In the second treaty Of Philadelphia, 1894,
the United States gave money " to evnce their
justice" to the Cherokees, for ACCOMPLISHMENTS
oflands by the treaty of Hopewell and the treaty
of Holston. Here both treaties are mentioned
in precisely the same manner which would
hardly have been the case, if one had been alb
rogated, while the other was the foundation of
all subsequent treaties.
3. The first article of the third treaty of Tel
leo, 1905, is in these words "All former trea.
ties which provide for the maintenance of peace
and preventing Of crimes, are, on this occasion,
recognized and continued in force" The trea-
} ty of Hopewcll was former treaty, which was
directed almost wholly to the maintenance of
peace and the preventing Of crimes
a. In the second treaty negotiated by Gen.
eral Jackson, 1917, it is stipulated, that " the
treaties heretofore [made] between the Chero.
kee nation and the United States, are to contin.
ne in full force" The phrase "the treaties
means the same as all treaties.
II is not probable that all these documents
were before Judge White, when he arrived a,
the conclusion above stated At any rate, they
will probably lead most readers to directly op.
positc conclusion.
Here, then, we have sixteen treaties with the
Cherokees negotiated from 1855 to 1919, ratif
ed by five Presidents, all resting on the same
principles, all consistent with each other, anc
all now in force, except that some parts may
have become obsolete BY subsequent stipulation,
on the same subjects. The earlier treaties arc