Lancaster gazette. [volume] (Lancaster, Mass.) 1828-1830, 1829-11-10

The fourth article looks directly at the
permanent residence OF the Cherokees on
the territory of their fathers. The lands
reserved for school fund have not vet
been sold; but when the treaty was sign
ed, it was supposed they would sell for a
great sum Of money. Similar lands, moi
far distant, had been sold by the U. States
at auction year or two before, at very
great prices. The principal tract reserved
lies on the Tennessee, and, as was thought,
would produce SO large capital, that the
interest would afford the means of educa-
ton to all the children Of the Cherokees.
What is to be done with this sum The
treaty says, the President of the United
States shall vest it as permanent fund !;
and that the annual income is to be APP
piled /" to diffuse the benefits of education
among the Cherokee nation ON this side of
the Mississippi" Here is a permanent
fund for specifck object, and that OBJ
ject implies the permanent existence ofthe
Cherokee nation Eastward of the Missis-
sippi.
But the provision of the fifth article is
more remarkable still. 1t would seem as
if every continuance was used, which in
genuity could devise, for the purpose of
binding the faith and constancy of the
United States to Just and honorable
course with the Cherokees. The integrity
of their territory had been guaranteed by
treaty. Rigorous laws had been enacted
for the punishment of intruders These
laws had be en- executed. But the time
might come when these laws should be
repealed; and when Congress should, by
a feeble system of legislation, leave the
Cherokees defenceless. In order to guard
against this species of bad faith, stipula-
ton is here inserted, by which certain
law Of the United States, SO far as it re-
lates to the intrusion Of whites upon In
dian lands, is made part of the treaty.
The law, therefore, as it respects the
Cherokees, cannot be repealed by Con-
gress. 1t is to be considered in just the
same light, as if all those parts oft. which
relate to intruders, had been literally copi-
ed into the treaty. Let US then look at
some of its provisions.
BY the law of March 80, 1902, it is
enacted, (section p that if any citizen
of the United States shall cross over, or
go within, the boundary line, between the
United States and the Indians, to hunt,
or in any wise destroy the game or shall
drive horses or cattle, to range on any
lands allotted or secured, by treaty with
the United States, to any Indian tribes,
he shall forfeit sum, not exceeding 800,
or be imprisoned not exceeding six
months
By section 5th it is enacted, that if
any citizen shall make a settlement on
any lands belonging. or secured, or grant
ed by treaty with the United States. to
any Indian tribe, or shall survey, or at
tempt to surrey. such lands, or designate
any Of the boundaries By marking trees, or
otherUise. such offender shall forfeit
sum not exceeding $1,000, and suffer i'm
prisonment not exceeding twelve MONTHS
In the same section, the President is arm
ed with full power to take such measures,
and to employ such military force, as he
shall Judge necessary to remove from In
dian lands any person who should, at
tempt to make settlement thereon"
There are other provisions in the act,
all tending to the protection of the Indians,
and to the preservation of their territory
nviolate. This general law is now in
force. in regard to all the indians, whose
lands are secured to them by treaty; and
in regard to the Cherokees, let me say
again, Congress cannot repeala; for it is
incorporated into solemn national COM
pact, which cannot be altered, or annull-
ed, without the consent of both parties.
Within few months past, train of
surveyors. protesting to act under the au-
thority of Georgia, have made an irrup-
ton into the Cherokee nation, to the great
annoyance and alarm Of the peaceable in
habitants. These agents of Georgia have
not only attempted to survey, but have
actually surveyed, what they call an old
Creek boundary, which they have doubt
less designated, by marking trees and
otherwise. Thus they have done the
very thing which is forbidden by the 9Th
section above quoted. under penalty of
8 ] 900 and twelve months Imprisonment.
Even if the people of Georgia were right,
as to the Creek boundary, they are not
the proper persons to ascertain the fact.
Several treaties between the United States
and the Cherokees provide that bounda-
ries shall be ascertained by Commission
ers appointed by the United States, ac-
companied by Commissioners appointed
BY the Cherokee nation. Can any good
reason be assigned, then, why the Presi-
dent should not direct prosecution to be
against these offenders, who
have trampled on a law. which is of vital
Importance to sustain the plighted faith of
the nation
1t is said that the United States can
make no treaty with the Indians living