Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1829-09-08

power.
Kthc agents of the United ST ates purchase lands
for public object, such purchase is not treaty
Ii the state of Virginia. the application of the
United States, codes piece of land for Navy Yard
or Fort, compact of this sort not treaty. If
the State OF Georgia ccdes to the United States all its
claim TO territory enough for two large new States
and the United States agree to make compensation
therefor. such cesslon and agreement trea
IT, Accordingly, such negotiations are carried ON
and completed by virtue oi laws of the National and
State Legislatures. OF course, Compacts of this
kind called treaties: and the idea of sending
tLepi 10 the Senate OF the United States for rat-
cation would De lrepusterOus. One of the con.ede-
rated States Is not independent community; nor
can II make treaty, either with the nation
Oil with any foreign Power. But the Indian tribes
and nations nave made treaties with the u. States
during the last forty years, till the whole number of
treaties thus made lar exceeds u hunl,ed every one
of which was ratified by the Senate before became
obligatory Every instance OF this kind implies that
the indian communities had governments of their
own; that The lndlals, thus living in communities,
were not subject to the laws OF the United States;
and that they had rights and interests distinct from
the rights and interests ol the People ottle United
States and III the fullest public and national.
Ill this is i'll Gccordiucc with iucts and the whole is
implied III tho single word treaty.
Again the parties the banks of the Ilols on
signed treaty ''of peace." 1t Is matter of history
tlut there had been fighting and bloodshed. These
acts OF violence were not denominated riot. Sedi-
tion TeteItion; they constituted tcur. The set
ament OF the difficulty not called parton, an
'e"!; 1t was called peace Nor is said here, in
the treaty OF Hopewcil, that the United Ssates ire
pace There Is, IN the tic and preamble, every IN
dication OF perfect equality between the par,ies-
In point OF fact, the whites were, ut that moment
much mole DESTROYS o. peace than the Chcrokces
were.
This is also treaty of 'Jiciendshiy," which i'm
plies that the Chcruces were rot only substantive
power capable Of making peace and declaring war,
bat that. after the treaty executed, they were
expected u :tnata an tae SINE state. 1t
sgrrendy ot their national existence, hut the estab
Shilien OF ain!cabie relations To remain aud fur
as this treaty could operate, the allcabc relations
thus acknowledged 10 exist, were to continue through
al future time.
WHO the parties TO his si,.eaiy of ,,earc and
jieadstip?" The President acts in behalf of one oil
the parties, and ''ihc undersigned chiefs and war
rors OF the Cherokee Nation OF Indians on TIE paYi
and behag q sad nation" The Cherokces then
are ration, and the best definition OF nation is,
that 1t is community icing uader its ocH lars
a nation may be power Of the first, second, third
or tenth rate 1t may be very feeble, and totally in
competent to defend It's own rights. Blu, SO long as
1t has distinct rights and interests, and manages its
own concerns, IL Is substantive power; and should
be respected as such. Any other rule of nerpretu-
ton would make force the only arbiter. ST. Marino
IN Italy. Is described in best gazettcers Us ga
small bnt Independent reoublic;' and vet it has not
half SO many people, the three hundredth part so
much land, as the Cherokee nation now has
1t has been said, indeed, that the Indians beinr an
uncivl!zea people, are not TO he ranked among ma
tons. Bat this is said graturtolsy, and without
the least shadow ot proof How many treaties did
julius Cesar make with savage tribes, who were
greatly inferior, III every intellectual ard moral cs
pcct, to the Cherol,ees OF the present davo There
is as little reason as truth in the objection. Has not
God endowed every community with some rights?
and are not these rights To be regarded by every
honest man, and by every fair minded ana honorable
ruler.
But, above Ill, the objection comes too late. The
United are, as lawyer would say, estopped Gene
raj w Washington, with his Cabinet and The Senate.
pronounced the CheEokees tic nation. IT docs
not appear that doubt crossed the mind OF
single individual, for nearly forty years, whether
dent Adams (thc clder), Jefferson, Madison Monroo
all admitted the Cherolecs to be nation and treat
ed with them as such. The Secretary of War fnov
Vice President of the United Statesl ncrotate cd The
last treaty with the Cherokecs, and affixed his sp
natu-c 10 It. In this treaty, as in every precedirr
one, the Cherokecs admitted to be a nation and
there Is not word IN any ofthesa solemn Instruments
which has the most distant implication Of the contra
ry If the United States are not bound in this case
now Is 1t possible that party should ever be bound
10y Its own admissions? The truth is. that IF orr
country were bound 10 France, or England, by any
spulatlon however Notifying TO our pride, or dis
advantageous to our interest, and the eanrr of he
OBNOXIOUS clause were supported by One-ffiicth part
OF the evidence by which it can be proved that the
Lnitcd States have recognized the nafi0nnt cLa1rctc
~ nc CteiofecS, no Statesman would risk his repu-
tatOn by attempting to dispute or cvade The rnca n
lng. We should be obliged to submit to inconve-
Incnccs resulting from own stpulations till we
coui9 remove them by subsequent negotiations. If
we have been ovcrreachcd by the Chcrokees in so
many successive treaties if they have had the atrot
ness to get from us repeated ACKNOWLEDGEMENTS of
their possessing character and rights which they
Gld not possess: IT General Washington, and a long
Inc OF distinguished Statesmen, have made utions
admissions; and if, in this way we have made bar
gam which bears hard upon ourselves-stil our hands
and seals testify against US. We must be more eau.
uons tic next time. lie that swearetb to his own
hurt, and changetb not is declared in HOLY Writ
to give one proof that he is upright man, and will
receive tie appreciation Of God. In word. if
Washington and Knox, Hamilton and Jefferson,
compromised the interests Of this country By indis
Greet and thoughtless negotiations, We must pain
wisdom by experience, and appoint more faithful and
more coDsiderate public agents hereafter.
Having inquired into the meaning ofthe title and
preamble OF treaty of IIOlscn, Jet me now direct
Tie attention Of the reader to its provisions:
MAHr. I. Thcre sha I've nernelnaI rearr a.