The Massachusetts spy, and Worcester County advertiser. [volume] ([Worcester, Mass.]) 1825-1831, 1829-09-09
WHOLE NO. s945.

lidity. 49, -~0' VI no va
In the second place, none of the treaties made
subsequently by the Chickasaws are binding
.R0 ~ tneln and therefore, they may reclaim
al the lands which they have coded to the
United States. Of course, the inhabitants of
west tennessee, who now live on fertile lands.
winch were eeded to the whites by the Chick.
asaws' must Immediately remove, if the Chick
asaWs require it. The reason is plain. No SUI
perlor can be bound to an inferior; but that the
SSnicAasaws are the superiors, is evident, as the
84ecretary oil War says in another case, because
" the emphatic language" of the treaty " can.
not be mistaken"
put 1t may be said that there are other indi.
cations IN the treaty of Hopewel, that the
UhIeo states assumed superiority, beside the
phraseology, IN the instances above cited. The
question IS not, be it remembered whether the
Uhited States, at the time of the treaty of
! LIoPeWell, were more powerful nation than
the Cnerokees but whether, being more
powerful nation, they are, on that account, ex-
empted from the obligation of treaties.
Inc Cherokees did, undoubtedly, place them.
selves under the protection of the United
states, In the thru article. They had former.
y been under the protectionlof thes King of
Great Britain but his power had failed them,
1t was natural that they should accept proffers
OF profession from some other quarter. This il
not new thing in the world From the time
OF Abraham to the present day, there have been
alliances, offensive and defensive, confedera.
cles, and smaller states, relying for protection
| upon the plighted faith of larger ones But
what Is implied in the very idea of protection ?
Is 1t not, that the party protected is to have all
Its rights secure, not only against others, but
! against the protector also? If some rights are
yielded as the price of protection is it not that
other rights may be reserved with the greater
care and certainty?
1t is said that the United States were to have
the sole and exclusive right of regulating trade
with the Cherokees. True; bat this was ex-
p:essy declared to be for the benefit of the In.
dams, and to save them from injustice and op-
preston. These laudable objects were gained
| TO considerable extent and, if the laws of
the United States on this subject had been al
ways carried into full execution, the condition
OF the Indians would have been rapidly imprev
90, as consequence of this very stipulation.
1t is said that the lands of the Indians are
called their g hunting grounds )" and that they
could not, therefore, have permanent interest
IN lands thus described. But how does this an
pear? The treaty has no Limitation of time,
nor Is there the slightest intimation that it was
to become weaker by the lapse of years AS
the Indians gained their principal support by
hurting, it was natural to designate their coun-
try by the phrase "hunting grounds" and this
isa good designation, in regard to the validity
OF title, as any other phrase that could be
chosen. 1t contains the idea of property, and
has superadaed the idea of constant use
But to put the matter beyond all question at
once, let me refer to two treaties made at the
same place, by three out of four of the same
American Commissioners, within six weeks of
the date of the Cherokee treaty In both these
documents, lands" are alleted to the Choc-
laws and Chickasaws 80 to lire and hv,at ON
These lands were secured to the Indians, then.
so long as any Of the race survived upon earth
Having been occupied some time in consider.
ing the indications of superiority let US look q
little at the proofs of equality. | leave to fu-
ture occasion some remarks upon the words
treaty, peace, contracting parties, &C., which
carry with them sundry most important signi-
6catIons.
The two first articles are strictly reciprocal.
Each party is to restore prisoners of war The
articles would be proper, nlutatis mutandis, in
treaty between France and England
The 9th and 9TH articles provide, that crimes
committed against individuals of one party, bv
individuals of the other, shall be punished in
the same manner
The Sth article has the remarkable provision.
that no retalatory measures shall be adopted
by either party, unless this treaty shall be pio-
lated; and even then, before such measures
can 6e adopted, justice must have been demand
ed by the complaining party and refused by the
other, and "d declaration of kOSstlities" must
have been made. Thus it is admitted, as well
as in the two first articles, that the Cherokees
have the same right TO declare war, as other
powers of the earth have. To declare war and
make peace are enumerated in our own deolar.
alton of independence, as among the highest
attributes OF national sovereignty.
The present doctrine is, that the Indians were
regarded as a sort of non .descrpt tenants at
will, enjoying by permission some imperfect
| privilege of hunting on grounds which really
belonged 10 the United States. But who ever
heard of tenants at will being solemnly admit
ted to have the right of declaring war upon
their landlords These tenants were also
strangely allowed to possess the right of pun
ishing, according to their pleasure, any of their
landlords, who should " attempt to settle" upon
any lands, which, it is now commended, were
then the absolute property of said landlords
But | shall have other occasion of bringing this
Interpretation to the test.
After the treaty of Hopewell, white settlers
pushed forward into the wilderness in the
neighborhood of the Indians difficulties arose
blood was shed; war was declared; the new
settlements in that quarter were in a state Of
/ great alarm and anxiety.
! In the mean time the new constitution had
gone into operation. The treaty making pow
er, which had been exercised by the Old Com
gress, was now conided to the President and
Senate of the United States. Gen. Washing
ton, who always pursued a magnanimous poll
cy with the Indians, we'll as with other ma
tons, took the proper measures to establish a
peace. On tho I'd Of July, 1891, the treaty Of
Holstcn was made; and il was afterwards rAti-
fed by President Washington and the Senate.
Tho title is in these words;
ga treaty of peace and friendship, made and
concluded between the President of the United
States Of America, on the part and behalf Of
the said States, and tho undersigned Chiefs
and Warriors OF the Cherokee nation, ON the
part and behalf Of the said nation"
PREAMBLE.
"The parties being DESTROYS Of establishing
permanent peace and friendship between the