Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1829-09-04

itObI inc oUitgatiOO OF trc2tieE
The Cherokces did, undoubtedly, place themselves
under the protection of the United States in the
third article. They had formerly been under the
election ofthe King of Great Britain; but his pow
er had faled them. II matt ral that they should
accept profers ofprotec,ion from some otler quar-
ter. This is not new thing in the world. From
the time OF Abraham to tho present day. there have
been alliances, offensive and defensive, confederuccs
and smaller States relying for protection upon the
pllghted faith OF larger But what is implied in
the very idea ofprotcction? Ia il not that the par
ty protected to have all its rights secure moi only
against others out against the protector also' If
some rights are yielded as the price of protection, is
1t not that other rights may DO preserved with the
greater care and certainty?
IT is said that the United States were to have the
sole and exclusive right of regulating nyc with the
| Cherokees. True; Blu, this was expressly declared
to be for the benefit OF the Indians, and to save
them from injustice aud oppression. These lautlabc
ooJccts were gained to considerable extent and, it
the laws oil the United States this subject had
been always carried into full execution, the condi
ton OF the Indians would have been rapidly improved
as a consequence of this very stipulation.
H. said that the lands of the Indians are called
'Ier h"nftnS grounds and that they could 10, ,
therefore, have permanent interest in lands thus
described But how docs this appear? Tie treaty
has I'D limitation of tiIc, nor is there the slightest
intination that it was to become weaker by the lapse
ofycars. As the Indians gained their principal sup
port by hunting, It was natural to designate their
country BY the phrase "hunting grounds" and this
as good designations in regard to the validity of
IL
contains the idea of property, and has upcradcd the
| lden of constant use.
! But to put tho matter beyond o question Mt once,
Ictm refer To treaties made a, the same place
| ny three out OF four of the same American Commits
SOners within six weeks of the date of the Cherokee
treaty. In both these documents Iunds are allotted
| to the Choctaws ard Chckasaws"to lire and hunt
on These lands were secured To tie Indians then,
so long any Of the race survived upou earth
| Having been occupied some time. in considering
te indications OF superiority, let us look little
lie proofs OF equality. leave to future occasion
some remarks upon the words trenty peace rons,nc-
Ing parties &c which carry with them sundry most
important Specification
The two first articles are strictly reciprocal Each
party Is to restore prisoners of war The articles
would be proper sauntis psutandis, in q treaty be.
tween France and England.
The 9th and 7th articles p<S,vilc, that crimes com.
mted against individuals Of one party, by individuals
or the other, shall be punished III the same manner.
The 9th article has The remarkable provision, tina
! no retaatory measures shall be adopted BY either
party, unless this trcaty shIU be uioinfed and even
thcn before such measures can be adopted, Justice
must nave been demanded by the complaining party
" rettlscdh h. thener, IL ''ascrMijon othosiukies
must have been madc. Thus it is admitted ms well
as in the two first articles that the Cherokees have
the right to declare war as other Powers of
Inc earth nave 10 declare war and make peace are
enumerated In our own declaration of ndepcndence
as among THE highest attributes of national soyer-
eighty.
The present doctriue is, that the Indians were re-
garded, as sort OF drscript tenants at will.
enjoying by permission Imperfect privilere of
hunting on grounds which really belonged to the IT,
States But who ever heard OF tenants at will being
soemny admitted TO the right Of declaring war upon
heis landlords? These tcuants were also STRANGELY
allowed to possess the right of furnishing, according
[" eif pleasure, any OF their landlords, who should
attempt :" settle upon any lands, which it is now
con,ended were then the absolute property Of said
landlords. Bnt shall have other occasion of BRING
!Ng this Interpretation to the test.
! Aficr the treaty Of Hopewe., white settlers push
I - ySr1 t,fn fka. H.
oi the iht'ans; difficulties blood sheed; war
was declared; the now settlements in that quarter
were IN state OF great alarm and anxiety.
IN The mean time, the new constitution had gone
nto operation. The treaty making power, which
had been exercised by the Old Congress, was now
conhded to The President and Senate of the United
States. Gen. Washington, who always pursued a
n,agnannious policy with tie Indians as well al, 9TH
er nations, took the proper measures to establish
peace On the I'd OF July, 1871, the treatyof flol-
sion was 4sde; and it afterwards ratified BIZ Pc
sidcnt Washington AID the Senate. The title is in
these words;
between The President o the United States America ON the
part and behalf OF the said States, undersigned Chiefs
an" trots OF the CheroHee nation tine arl behalf
lie SAID Ration"
PREAMBLE
"Ihe parties being de>!ous establishing permanent pace
ana !Tient.hp between the United said Cherokee
nanon ana the Citizens and ueInes thereof remove
he CAUSES OF war by aseainin limits and making other
necessary just and friendly arrangements the President Of
uie Onied States by William BIoun Governor the Territory
OF the United States south Of River Oo aud Superipen
dant OF iEdian Affairs for the Southern district, who is vested
m u Poets iof tse purposes by and with the advice AMI
81 Tue senate OF the United States; and Cherokee
naon by the undersigned Che.s and Warriors repreennp
the said nation, have gTeec following articles name5
have thought it best to cite the whole title and
preamble, that the render may in what manner
The parties to thus Instrument saw fit to describe
themselves, or, more properly. in what manner the
fIen'Poientlary ut the United States with the Pre-.
s'deHt and Senate, saw fit TO describe these parties
Tor 1t wili not be pretended that the heraLees reduced
the treaty to writing: This Is the second treaty,
winch was made with Indians, by the Government Of
the United States, after tho adoption of the FeJera;
Constitution. The first was made with the Creek
nation; and was executed at New York hunust 7,b
1890 by Henry Knox, then Secretary OF War. as
the Commissioner Of the u. States and t,yentv ior
Creek Chiefs, IN behalf OF their nation In conpar
ing these two treaties, il is found that the title and
preamble Of the Cherokee treaty are an exact tran
script from the other, except that '.Cherukeep is
inserted instead Of Greek, and the word Kings"