The Rhode-Island Republican. [volume] (Newport, R.I.) 1809-1841, 1830-01-14

ed and settled. nc hnto"". Sn"' ~, "
the Indian communities was admitted. Inc
great attributes OF national sovereignty
were exercised by the lndinn chiefs, IN the
name and behalfo their people. heciPro'
cal s,ipuations were made. The Indians
consented to the relation OF independent
allies; and the United States guaranteed
70 them an inviolable territory, when Ter
ritory was stipulated to be not under the
jurisdiction of the United States, nor under
the jurisdiction ofany particular state. Inc
whole negotiation proceeded upon the pa
sis, that the Indians had government al
ways in existence; aud, as their territory
was admitted to be not under the Jurisdic.
tion Of the United States, 1t was agreed
that they should deliver up criminals.
"who should take refuge in their nation"
In all subsequent treaties with tnc IN
dians, the same principles we're followed.
No fewer than sixteen compacts, including
one under the cid coniedcraton,havc been
made between the United States and the
Cherokee nation. by the treaty. OF hols'
ton, in l79I, ratified by General Washlqg-
ton, the Chcrokees received solemn guar
anty of their territory, and new descrIp'
tion Of national limits. BY the first treaty
ofTellico, in l70S, ratified by MIR. Adams,
the guaranty was repeated, and expressly
extended without Limitation OF time. ny
the third treaty Of Telico, in 1905, ratified
by Mr.. Jefferson, the former treaties were
expressly recognized and continued IN
force. Blythe second treaty OF Washing
ton, in 1916. ratiged by Mr.. Madison, It ap-
pears to have been admitted by all parties,
that state cannot lawfully get possession
Of Indian territory, lying within its charter
ed limits, except by means oil the trea-
ty.makng power Of the United States
By the treaty of tho Cherokee Agency,
negotiated by General Jackson, in 1917, Il
ratified by Monroe, and by the fourth trea
ty of Washington, negotiated by Mr.. Cal
houn, in 1919, also ratified by Mr. Monroe,
permanent arrangements were made tor
The perpetual residence Of the greater part
of tho Cherokee nation on their present
territory; and into the last OF these treaties
the intercourse law of the United States
was ingralted; thus oilording pledge that
the mower of the national government
should always be exerted TO preserve the
territory Of tho Cherokees inviolate. In
all these treaties, the whole fabric rests up
en- the assumotion, that the transactions
took placo between separate communities.
II is implied, in vast variety Of forms, that
the Cherokee nation had a government OF
its own; that this government exercised
a rightful authority within certain terrific
rial limits; and that the soil and sovereignty
within these limits belonged to the Chero-
KEGS, and could not be taken from them
without their consent. Those treaties were
fortified by laws Of Congress, made in pur'
suanco Of the above mentioned stipulatlons;
and have been regarded as sacred by oil
branches Of tbo, general and state govern
ments, till within very recent period.
Your memoralists cannot avoid the con-
clusion, that tho bringing of state laws to
bear upon the Cherokees, without their
consent; or the division oftheir lands among
the citizens Of any state; or the compelling
of tho Cherokees to remoyc by undue sollc-
alton, threats, or force would be violation
.r q. ri-... -.;p"is,ion-, ue tue EnShsii iuh'
puape contains; that it would bring great
and lasting disgrace upon our country; and
would expose us, as people, to the Jndg-
ment of Heaven.
We would, therefore, respectfully, but
earnestly, imploro the two Houses of Con
gress to interpose, in such manner as may
be within the scope Of their Legitimate
tsowcrs, and save the nation, by prompt
and decisive measures. from the calamity
that hangs over it. From the origin Of
our national existence, as your memorial
lists believe, tho government OF tho United
States has been charged with disrcgarding
obligations Of good faith. But, unless the
treaties with the Cherokces ure observed,
according TO the natural construction Of
language, sach a charge will be inevitable
and will be sustained By the decision Of an
impartial world. From so indelible stig.
ma, may our national character be pre-
served.
By tho solemn nature Of every treaty ne
pociatcd by our national authorty;-by the
tender rccolections of our ancestors, who
sought resting place, in this western con
tinent from the oppression Of unjust and
arbitrary governments;-by the unsuliied
glory of Washington, the father of bis
country. who, with his fellow patriots, in
tho infancy of our national government,
gave the most deliberate assurances TO the
red men of the forest, that the general
government should extend TO them truly
paternnl care, and that .he engagements
Of the government with the Indians should
be honorably fulfilled, according to the
understanding oft parties;-.by a regard
10 the reputation Of our public agents, who,
during period of forty years, have ratified
documents ofprecisely thcsamc character,
purporting to be national treaties, but now
threatened TO be cancelled:--by that sym
pathy with the weak and dcfeneelcss,
which spontaneously arises in every gen
erous and honorable mind;-by that abhor-
renee which every upright legislator will
feel at tho suggestion of measures that
rest upon brute force, and disregard the
claims of jus,icc;--by the dread Of incur
ring raproach from the wise and good, in
remote countries and distant ages;-and