Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1829-08-28

independence the present day, applying tae same
doctrine to advantage, and declaring, that all the
Indian nations within the limits prescribed by the
peace of 1888, subject to the laws of the Uni
ted States and that the lands of which they we're in
posscssion belonged of right to the Uated States.
So long the indians did acknowledge the
binding nature of these claims, the mere claims
would nave amounted to oothiug. 1t the prac-
tce OF the King OF England, during several centu-
RES to declare himself, las often he issued proc
lamation ON any subject wllatever) King of Great
Britain France and ireland. Was he therefore
King OF France? VIVA, if he were now to declare
himself King of Great Britain and China? IT would
be cheap way indeed, of acquiring title, if merely
setting up CLAIM, would answer the purpose.
By what right do the people of the United State,
hold the lands which they occupy? the People of Ohio
for instance, or of Connecticut? BY the right Of oC
cupancy only, commenced by purchase from the alb
original possessors. 1t would be folly to plead the
charters Of Kings, or the mere drawing OF lines OF
latitude and longitude. The powers OF Europe have
indeed acknowledged our right to country. But
vhatf they had nots Our right is not at all affected
! by their claims, or acknowledgements The same doc
trnc Is applicable 20 the condition of the CheroSees
] ihey have perfect right to their country,-the
ri9nt OF peaceabie continued mmcnorial occupancy;
~ although their country may be claimed by others,
may lawfully be held by the possessors against all
! the world
The Cherokees need not fear, however, that their
rights are in danger consequence of any prnci-
plies sanctioned by the National Legislature of the
| United States. The Coordinate branches of our
nave yet QcClarcu, tlat Indians are
tenants at will. On the other hand, the whole his
tory of our negotiations with them from the peace OF
'783 TO the last treaty to which they are party an
OF ali our Legislation concerning them, shows that
they arc regarded de separate community from ours
having ma oual existence, and possessing terrific
ry, which they to hold iii full possession till they
voluntarily surrender it.
now proceed to the examination of treaties be-
tween the United States 81 the Cherokee nation And
mere woud apprize the reader THAT the
er he fairly and fully understood without reference
to every material article i'll every treaty which has
been made between these parties Unless such a
reference is had, no reader be that he has
view OF the whole grounds and caver might Oh
ect that there had been omissions i'll order to con-
ceai weak part of the This is a subject too,
which the People the United States must have
patience to investigate. When measures ire in prC-
gress. which havea bearing the permanent riuhts
and interests OF all the Indians it not be thought
tedious to read ali abstract Of the solemn enuage-
mcnts by which We have become bound to one these
aboriginal nations
the revolutionary contest the Cherokees took
part with the King of Great Britain under whose
protection they then considered themselves lust as
they now consider themselves under the protection
ofthe United States. After the peace of 1898. if
does not appear that any definite arrangement was
made with tins tribe till the year 1876 In the course
OF that year. the old Congress appointed four Com
Inlssoners Plenipotenary, of distinction at tho
:, sout!., 20 meet the head and warriors of the
! Cherokees, and negotiate u treaty of peace
The parties met Hopewe now in York District
s. G. and on the e8th of November, executed an
instrument, which is usually cited as the treaty OF
| ilopewcll. The abstract of this instrument with
some remark upon it, viii be given ilI my next num-
Der. WILLIAM PENN.