Daily Richmond Whig. [volume] (Richmond, Va.) 1828-1831, 1829-09-04


powerful nation, they on thut account .xempt.i
i.olo the obligatiou oi treaties.
mo thc'okocs did, undoubtedly, place themselves
under the protection of the United States, in the
third article. They had formerly been uidcr the
election OF the King of Great Brltain but his pow
er had failed them. II was natural that they should
accept ptoiiors OF protection from some other quar-
Ter. Ihis Is not new thing IN the wo'ld. From
the time OF Abraham to the present day, there have
been alliances offensive and defensive, confSderacics,
aud smaller States relying for protection upon the
plsghted faith ofargcr ones. Bat what is implied in
the very idea ofpr0iccton, Is it not, that the par
~ protected is % have mi its rights secure not only
against others, but against the protector also. IL
some rights are yielded tho price Of protection
1t not that other rights may be preserved with the
greater care and ccrtaintys
II is said that the United States were to have the
sole and exclusive right OF regulating trade with the
Cherokees. True; but this was exprcs, " declared
20 bs for the benefit Of the Indians, and TO save
,hem from injustice and oppression. These aIjablc
tohects were gained to considerable extent; and, it
the laws OF the United States this subject had
been always carried into full execution, the condi.
lon ofthe Indians would have been rapidly mproycii
as conscquenceof this very stipulation.
II Is said that the lands of the Indians are called
Their "huniiag grounds" aud that they could no,
therefore, have permanent interest in lands thus
described. But how docs this appca.: The treaty
"s 10 Limitation Of time is there The slightest
animation that Twas 10 become weaker by the a,sc
!ofye1rs As tho Indians gained their principal sup
port by hunting, il natural to designate their
country by the phrase hunting grounds and this
Is as good designation, in regard to the validity of
Il title, as any other phrase that could bc chosen IL
contains the idea oil property and has aupcradded the
idea OF constant
Bu; to put tho matter beyond oil question ut once
,ct INC refer 20 two treaties made At the place.
: bv three on, OF !1ur of the same American Conlmis
svners, within SIX weeks OF the date of the Cherokee
frenty In both these documents "k1nAs are allotted
10 the Choctaws ard Chckrsaws "to lee and hunt
"- These iars were secuted t" the Indians, then,
. 50 long as any OF the race survived upon Garth
nod
INC indications Of superiority LEI us look little al
The proofs OF equality. leave a future OCCASION
come remarks upon the words hcaI, pe,ce contyac-
ing parties, &c. which carry with ,hcm sundrv most
important slgniticatons
The two first articles are strictly reciprocal. Each
party Is To restore prisoners nt war. The articles
would he prurer, n,utuiiS ruItqndis in treaty be-
tween Franco and England.
The 9th and 7th ARTICLES prvidc, that crimes com.
united against individuals ofone parry nv individuals
of the other. shall bc punished IN the same manner
Ire 8,h article has the remarkable provision thst
no rctaiiatorv measures shall be adopted by either
party unless This treaty shri be rjoirfed: and even
then, before such measures can be adopted Justice
must have been demanded by The COMPLAINING party /
~ refused ny 'he"ihar g "e.eciiri"n 'itiiit;es'
must have been made. Thus is admitted as well |
as IN the two first articles that the Chcrokees have
he same right 10 declare war us other Powers of .
he earth have. To declare anil make pence are
enumerated, IA our own dac!a ration uf indcpendence
as among the highest attributes of national sover
eighty.
The present d1ctriue is, that the In,nns were IT.,
gaTdrd' rs sort OF non -dcSc!ipt tenants AZ will
ENJOYING OY permission imperfect privilege ofI
hunting on grounds winch really belonged 10 tho u
states. But who ever heard of tenants at Will bein,
soleinny admitted 10 the right of DECLARING war unon
'leir landlords These tenants were also strangely
a''oWcC 10 possess The right of furnishing according
to their Pleasure any of their landlords who should
attempt to settle" upon any lands which il is now
contended, were then the absolute property % said
landlords. But shall have other occasion of bring
~ 70, fisa
Ailer the treaty of Hopcw.. white settlers rusb !
co forward INTO the wilderness in the neirhborhood
oil the lnans; difficulties arose; blood was sheed war
was declared; the new settlements in thar c,c-,er
were IN State OF great alarm and anxiety
In The ineon time, the new constitution had pnne
iIi'9 operation Inc treaty making power, which
mad been exercised by The Old Congress, was now
cuiided 10 The President aud Senate of tho Un;,ad
states. Gen. Washington, who always nursmaJ n
1agnahiInous policy with the Indians, as wei! as 9th
u hdIiols, TOOK The proper measures 10 establish
peace On the "a of July, 1891, the treaty OF Hol
s,on WAS made and II as afterwards ratified nv o.
sidcnt W aslilngton and the Senate The ,i,lc Ia IN
these word; - 10
"a treaty Of peace aud friendship made and concluded
between The President oi tie United State, Of Amcrca an I'M,
a S'u oelaI o. me said States. aud the undersigned Chiefs
, " os % ''Tc Chco"ee nation, Oh the part behalf OF
PREAMBLE
ne parties beng DESTROYS OF establishing permanent teace
@ between Inc Cn'ied states Cherokee
"n an" we cLeIs ahd members thereof remove
lie causes ofwar by asIefaimns their limits. and ma r %
1&sayi (ls aud friendly anangements;-Iie President of
e Ite9 Siaes by William Boun, Governor Of the Tefri,orv
'ne United states south Of the River OHIO Supern,e
odit OF iLOidn AniTs Tor the Southern District who ve
WIN Ii powers of these purposes, by advice ami
consent OF the Senate of te United States: the Cherokee
nanon BY the undersigned Chiefs and Warriors r.preenii
Tie said nation have agreed the following articles namely.
have thought it best to cite the whole title and
preamble, that the reader may see in what manner
Ihe parties 10 his instrument saw fiji 10 dpscribe
IneHiselVes, or more properly. ia what manner the
Plenipoteniiary of the United States with the pro-
sdcnt and Senate. fit 10 describe these p,rtins
ioT 1t vii not be pretended that the Cheres reduced
uie treaty 10 writing. This is the second treaty.
which was made with Indians by the f;ovcrn,non >,
ne United States, after The adoption of the Federal
Constitution. The first was made with the Creek
nation; and was executed at New York August 7,b
IIVV; oy iienty kuox, then Secretary Of War as
Creek Chiefs, in behalf of their nation In COMMA
ing these two treaties il is found that the title and
preamble nj liz. (,itarokoo ,r,.,.., N""