Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1829-09-11

IN the artcIe Just quoted, the limits de-
fined on the north and east; that Is, those sides
where the white settlers would live the borders
of the Cherokee country. On the south and west i
the Cherokees were limited by the country of their
Creek and Chckasaw neighbours that there
would have been Ito prop.cty in even mentioning
the subject here.
At the close otthe article, the Cherokee Chiefs
for themselves and the whole Cherokee nation their
heirs and descendants, release quit claim reiinqusli
and ccde" certain portion their countrv that very
country which had been called ''hunting grounds" in
the treaty OF liopewell, and of which, as it is
pretended, the Cherokees tenants a. will
Was i, ever before heard, that tenant at will re-
leased and ccdet land to its right owner?
The phrascoogy here used not only implies that
the word allotted, in the previous treaty, meant no
more than that the boundary of the Cherokee coun-
try was fred defned by the article in which it is
used but Ii implies also. in the strongest manner
that the sovereign power of the Cherokces over their
territory was unqucstionablc. The word "cede" is
the most common and operative word, in all trans
ters of territory from nation to another Unless
explained and limited, it conveys the right OF
regnty' Thus IN ccssols OF small portions of land
to the General Government, for NAVY Yards, sc. the
several states are IN the practice Of 1eServng certain
lights; such as the right OF entering to apprehend
criminals, &C. imp ylng that the word cede, would,
NJ ieinsin convey to the General Government all
the rights OF sovereignty. But no party convey
what 1t does not possess and 1t would have been alb
surd for the United States asi, and accept cesson
without admitting that the Cherokees had power to
make one This article expressly declares that the
agreement was entered into, the cessons made, and
the compensation given ''to extingush forever all
claims to the Cherokee nation" the lands thus cc-
ded. The Cherokees are acknowledged, then, to
have had claims, not cancelled by war, nor swept
away by the superior force of the United States nc
YER before surrendered: claims which the solemn
sanction OF treaties deemed necessary 70 extin-
guish.
AHr Il stipulated and agreed that the citizens and
habam's Of the United States shall have un,noesr
use of road from Washington district Nero district and
the navigation of the Tennessee river"
This is another very curious provision if we arc to
believe that the Cherokces merely tenants at will
and the people of the United States the righ,ftl own
crs. But upon the only tenable ground viz: that the
Cherokees had perfect title the SOIL with undonbt
ed nights OF sovereignty 1t, the article is inte
g'b'e and reasonable, The people of the U. States
wanted free passage through particular part of the
Cherokee territory; and, the parties sustained
amlcabe relations, sucha passage granted by a
treaty stipulation.
"ART g. II Is agreed on the part Cherokees that the
United States shall have the sole exclusive rea-
5 ting their trade"
, BY the Constitution of the Unite. States, it had
eeen provided, that Congress should have power TO
regulate commerce "wth the Indian tribes This
lp1iicy had been pursued in the treaty of HONEYWELL
and was doubtless chosen wisely, and with view to
benefit the Indians. 1t was not binding upon them,
however, till they voluntarily consented to it.
CART The United States solernly guarantee TO the Chero
Rec nation all their lands not hereby ceded."
This Is the most important article in the treaty.
! The Cherokees had yielded some important rights.
They had agreed not treat with any foreign power
Lie United States. They had admitted the United
States 10 participate in the navigation of the Tsnnes-
seci and had granted free passage through Ger
tain part OF their country TO the citizens of the United
States. They had coded portion, though not very
important a. one, of their territory
On the other hand, the United States engaged to
protect the Cherokees, to promote their civilization
as VIII hereafter be SEEM and especially to guorans.
the integrity and arciotabiity Of their tcr,'o,7 Ii,
a world iui OF outrage, fraud and violence, it is
good advantage for a weak State to obtain the so-
Tenn guaranty of powerful neighbour that its rights
and sovereignty shall be safe. All this is implied by
y guaranty. The United States solelnnly engaged
to preserve and defend the Cierokees against ali TO
reign Powers IA colony of Spain being then in the
negitborhood against the States of Georgia g. North
Carolina against the United States, in their fedora
tive capacity, and against all whites who should con,
mt aggressons upon the Cherokees.
The word guaranty can mean no less, unless mi-
ted by the subject context. If Bonaparte guara-
Ties the integrity of Switzerland, he engages to de.
fend and preserve Switzerland from aSoresc;on mi
invasion, whether the danger arisrs from Austria
russia, or France ITSELF 1t is the chosen and
Il appropriate word to express the utmost security
winch can be gained or pledged to party by the
power and good faith of another.
Upon the guaranty of the United Siates the Chero
rokees have relied, with mistaken constancy since
the year 1871. Within few months their conf
uchce has oeen shaken and they in a state
o great solitude and anxiety. 1t remains to be seen
whether treaty will bind the U. States to a weak
I and dependant alv or whether force Is TO f,e tho
only arbiter III the case.
WILLIAM PENN.
i SIAMESE BOYS.-Much attention has been at
tracted by the Siamese boys, now cxhbitjnr in Ros
3 Ton, whose singular connection is of those won
ders with which nature in her anciful freaks delights
J to Pcrpiex the mind Of man. Having seen these re-
markabie beings, we can recommend as correct the
following extract from the Boston Medical Intcllicen
cerof Tuesday last. Speaking of the iganent which
unites them, the writer SAYS NJ y. Hernld
The whole mass is tough, and capable of being OK
| tended very considerably. When loose that is when
the boys face each other and stand close together if
hand placed above this curvature and The other
below it, and the latter then be pressed forciblv up
the hands approach each other so nearly as to con-
fey the impression doubtless correct one) that the
intervening substance is little more than the enztor
caiage5 united by ligaments. and surrounded by the
lntGguments The cOncave inner, but in this case