Daily Richmond Whig. [volume] (Richmond, Va.) 1828-1831, 1829-08-29
From @e Jvatonai LsieiEgsneer
To rHr EDIrops
PRESENT CRISIS IN THE. CONDITION OF
THE AMERICAN INDIANS.

"artcies concudcd az Hopewcl the kcowre, between
beJinm HawAns, Andrew Pchens, Joseph Marlin and La
sian Mcintosh, commissioners pcnPo,en,ary of United
S,acs OF America OF The part, Head Men aud
warriors OF all the CaeTokess OF the oihcr:'
The preface 10 the articles is thus expressed:
rho Commissioners plenipo,en,ary o the United States in
assembled give peace TO all the Cherokees,
America. on the following conditions"
beiofe proceed TO make abstract of the arti-
ccs 1t Is proper to say, that in regard to this and all
suoseqnsnt trcatles shall be brief as appears to
DC conslsent Sith putting the reader in fu posses
t%ot tho case. The more material parts of trea-
ties shall cite literally; and these will be distin.
gu,shed by double inverted commas. Other parts
VIII DC ahridgcd but where the principal words of
any abridSment are taken from the treaties, such pas
bages viii be marked by single inverted commas.
The less material parts will be expressed as briefly
as possible IN nay own language; but in all these
pledge nyscito the strictcst fidelity. AZ least
thc sj,ct Of crcyy article shall be mentioned that
the reader may Judge of the general aspect OF tn,
whole, as well asot the meanin of the most mpor-
tant parts. The Treaty OF Hopewell, theu reads as
follows
shall restore all the prisoners Czcn Vt the United States
subjects oi their allies, to their ene ey they shall also
store ali the negroes a all property taken during the
late from the citizens, such person, time
and place, as the Commissioners shall appoint
"ARr . The Commissioners of the United Con
Eess sebed, shell restore all the prisoners
Indians during the late tine Head Men
the CherokeoS, as ely Is is practicable
Arr The said Indians for Themselves, aud hcir rcspcc
tive tribes rpd towns do acknowledge all the Cherok,c be
neer the protection United States OF America and of
other sovereign whatsoever.
carr. The boundary allotted 10 the Cieyciecs for their
running sods, between the said aud the cit zcns OF
tfe u States within the limits of the u. States of Aucrca
H. and shall be the following" Tins boundary defines the Nor.
hern and Eas'em limits of the Cherokee country
"ARr II any citizen Of Tire United States other person,
not beng an Indian, shall attempt settle tie lands
Westward ani Southwark Of the said boundary which are
Hereby allotted to the Indians for their hunting sns or ha
wing already settled and viii same within
six months after the ratification of this Treaty person
shall forfeit tine protection of the United States tie Indians
may punish him. or not, they please" Then follows pro.
VIso TO settlers "uevcen Fork Of French BROAD and
Holsion," whose case is ~ be refereed 10 Congress
"ARr O. lauy Indian ndianS person, residing ancns
them, or who shall take refuge in their Nation shall
robbery ormrler. o,er capital crime any citizen OF tie
Cuen States or person under their rrn,ccnn, the Nation
the Tribe TO which such offender 0hcudcrS may heuug shall
20 the ordinances NJ the United S'ar provide, the nun
ishmen shall not he greater, than the had
ini,tee by citizen CITIZEN
"ARr T. IL czc of United States OF per,on under
'neIr protection shall commit rnhhey murder other capt.
tai CRIME, on amy Indian, he shall lie punished same
manner AS 1t The crime had been committed CITIZEN
te punishment shall he IN the presence of CEelo-
KEGS, who sta! have due notice OF the nj place.
Arr g. no punishment of the the guilty on Ell
Their s'de except where there manifest violation this
treaty; and leh shall DE preceded irt by demand of s
uce; and il refused thea BY declaration OF hosIiie5"
"AET For The benefit and comfort Of the ndilns and for
Indians the United States in Congress assemblies shall
have the spc and exclusive right al uatns rade win The
Indians and managing all their aas in as ley
"AEr 10 Unit, nc pleasure Of he known respc,
Tty of traders
AKr IL The said Indians shall give notice. Of any designs
er, against the peace T>jG or ,ereS,s Of die saes
"Aar, ~ That The Indians may have full confidence in The
justice 81 the United states respecting @ Interests they shall
nave right to send deputy Of their cho;ca Whenever ty
think fit to Congress
"Anr IS The harchc, shall I've forever buried and nca,
given by the Uuled States, anl friendship established be-
tween the said States tine pa and all tie Cheokees on
the other shall he universal; and the parties shall
use their cHdeavos main the peace gwen as afo
said, and friendship re established"
These articles were signed by The four Commits
lluners of the United States. and by fhirtv-scven
Head Men aud w arrors Of the Cherokees in the |
presence Oh William Biount, afterwards Governor |
of Tennessee and eight other witnesses Ia the for.
mulary winch prccede5 the signatures, the articles /
are called 'Delintlve Treaty"
Is may be wei! to look for few moments, at !
Of the features Of this instrument though it Is
by 10 means so importan two more of tie !
treaties which have since been ncgociated by the
same parties. Among the documents Of Cungress,t
published during the last session, is a letter from the
Hon Hugh l.. White, now Senator in Congress, to
Mr.. John Ross, at present the Chief man of the
Cherokee nation, which the writer argues at some
length, that the treaty Of Hopewen is not now in
force, on account of its having been abrogacd by
subsequent war; and It's not being expressly recor
nized III any subsequent treaty. Whether the con
olusion OF Judge White is correct or not has little
bearing tie present investigation. If the treaty
be not in force, Il WIS IL force once; ard lis
meaning may be- " rth considering.
This 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 evola-
tionary war, entered into compact with the Cher
okccs, of which notice will be taken, at the proper
time After the peace Of 1888, and before the adop
ton of the Federal Constitution, the Congress made
treaties with the indians, in precisely the same man.
rs with European nations. Ifthc power TO do
this was doubted or denied, the doubt, or denial has
never come 20 my knowledge. The treaty of Home
well was negotiated by commissioners, all nf whom
IL mistake not. resided at the south, and | have
never heard that any rcuons.raHce was offered nv
either of the States IN the neighborhood of tho Cher
Ckees on the ground that The Old Congress had M
Tooer to agree upon Inc Of demarkatiOn with the
Indians Il line was fixed, in the fourth article, sc
curing 20 the Indians the upd.stUrbed possession Of
territory, which appeared the map TO be part of
Virginia the two Caronas and Georgia; the States
OF Kentucky and Tennessee not having then beenI
formed u Ills treaty now stood alone. and the
relations Of the parties had not been changed bv
subsequent events, white man could have .liemg-
ted TO settle on any Of the Ia nds within the Chefo
kce boundary even down TO The prcscntd however
nc might have been sustained in lie attempt bv tho
constituted authorities of any or all of the States
situated in the nelglborhood of the Chcrokoes A