The Massachusetts spy, and Worcester County advertiser. [volume] ([Worcester, Mass.]) 1825-1831, 1829-09-23
From the National Intelligsncer.
CRISIS IN THE CONDITION
OF THE AMERICAN INDIANS.
NO. VII.

PRESENT CRISIS IN THE CONDITION
OF THE AMERICAN INDIANS.
I NO. VII.
In the article of guaranty, which was the
| subject of discussion in my last number, the
country OF the Cherokee nation is called "their
tands ); an expression utterly at variance with
the, notion, that the lands belonged to the
whites. Indeed, the recent Interpretation of
our compact with the Indians, does great vio-
lence to the ordinary rules of language. The
seventh article is short, and will bear repeat
ing. 1t reads thus: " The United States SOL
ennty guaranty to the Cherokee nation, all
their lands not hereby csded." This seems TO
be, upon the face of it, plain sentence A
man OF moderate information would at least
suppose himself to understand it. He would
not suspect that there was a secret, reconcile
meaning, altogether incompatible with the
apparent one. But it seems there acas such
meaning. How it was discovered or by whom,
the public are not informed. The present
Secretary of War, however, has lately adopted
it, and urged it upon the Cherokees as decisive
of the whole question at issue. The true
meaning OF the article, then, as explained by a
public functionary thirty-eight years after it
was made, would have been accurately ex-
pressed as follows: The United States sol
emily declare that the Cherokee Indians hare
/ no right nor title to any lands ,oahin the terri
tory Of the United States, as fred By The treaty
Of 1888; bat the United States permit the Cher
Okees to remain on the lands Of North Carroll
ma, South Carolina and Georgia, (S0uth and
Vest Of the ADORE described bOundary) antd the
said States shall take possession Of the same"
This is the guaranty of the Cherokee coun-
try 1t is certainly the Interpretation of the
Secretary of War. How would other treaties
bear similar explanation The newspapers
tell US, that Russia, Great Britain, and France,
have engaged to guaranty the territory of
Greece within certain limits. Does this mean
that the Greeks are to be permitted to live, for
the present, on lands which belong to the
Turks; but that the Turks, whenever they
! please, may take possession Of their own lands,
and massacre the Greeks!
The Federal Constitution says, art. ",
sec. d. "The United States shall guaranty to
every State in this Union, Republican form
Of government y the true meaning of which
may hereafter appear to be as follows: "The
United States shall permit each State to have
!, Republican form of government for the pres
emit; and until q mOnGrChiaL form Of g00erR-
ment shall be imposed upon the people thereof"
II The true meaning of an instrument is that
which was in the minds of the parties, at the
time of signing. Can the Secretary of War
prove that General Washington understood
the treaty of Holston, according to the explana-
ton now given? Can he prove that the Chsr-
okee chiefs and warriors understood it in the
same manner' Surely he would not have it
signed and ratified in one sense, and carried in
to effect in totally different and opposite
sense. He must therefore suppose, that the
Cherokees intended to admit that they had no
right to their own lands, and that they stood
ready to remove whenever requested. But he
must allow, that if this were the meaning of
the parties, it was very strangely expressed
and however sincerely he may entertain the
newly discovered opinion to the meaning
! he may still find it extremely difficult to con-
vince the world that he is right.
| Will the Secretary of War guaranty his
country against any loss of character, con-
SO quence of adopting his Interpretation
Whom will he get for sponsors ard compurga-
tors2 Can he engage that impartial and dis
interested men will be satisfied And if they
will not, or if there is danger that they will
not, should he not distrus. his own conclusions
And may he not have arrived at them without
sufficient examination
! Not to dwell longer on the arords Of the ar
ticle. is it credible that the Cherokees would
have signed a treaty, in the year 1871, if they
had been plainly told that the United States
did not acknowledge them a separate people
| that they had no rights, nor any lands that
they lived upon their ancient hunting grounds
! by the permission of the whites; and that,
whenever the whites required it, they must re-
move beyond the Mississippi? At that very
moment the Cherokees felt strong. They and
the neighboring tribes could collect formid-
able force. They had an illimitable forest in
which to range, with many parts of which they
were perfectly acquainted They could have
driven IN the white settlers, on line of more
than 500 miles in extent. Many a Braddocks
| field, many St. Glars defeat, many a battle
of Tippacanoe, would have been witnessed, be-
fore they could have been expelled from their
swamps and their mountains, their open woods
and their impervious cane brakes and fairly
dislodged from the wide regions on this side of
the Mississippi
The people of the United States wanted a
peace, We invited the Cherokees to Law
down their arms. We spoke kindly to them
called them our brothers, at the beginning Of
every sentence; treated them as equals
spoke largely Of our future kindness and friend
! ship; and shall we now-U speak to the peo-
pie of the United States at large)-shall we
now hesitate to acknowledge the full force of
| the obligations by which we bound ourselves
| Having, in the days of our weakness and at
our own instance, obtained peace for our own
| benefit shall we now, merely because no hu.
man power can oppose an array of bayonets
! set aside the fundamental article, without
which no treaty could have been nader
/ But must proceed with other parts Of the
compact.
- ART s. If any person, not an Indian, shall
settle on any of the Cherokees lands, he shall
forfeit the protection of the United States, and
the Cherokees may punish him.
ART. 9. No citizen of the United States
shall attempt to hunt on the lands of the Cher
! okees nor shall any such citizen go into the
Cherokee country without passport from the
Governor of State, or Territory, or such
other person as the President of tho United
States may authorize to grant the same.
ARTS. 10 and IL. Reciprocal engagements,
in regard to tho delivery and punishment of
criminals. ''7a.i
ART l2. No retaliation or reprisal, in case
of injury, till after satisfaction shall have been
demanded and refused.
ART. - The Cherokees to give notice of
Il anv hnstila dasiong