Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1830-02-26


States IN which they reside.
Although the committee, for the reasons before Civ.
en-, consider II unnecessary, not improper in them
to offer any opinion upon the validity OF the couficny
claims OF The pare; yet may not be withou, its USE "a
call the attention OF the Senate Of the leading
act and main points upon which the controversy has
depended. and must hereafter depend
The title OF the Cherokees must rest upon III orr.
gina right OF occupancy, and upoa the treaties ormec
with the u Sia.e..
As to the first, their title by occupancy" the an
} swer would be, when the country was discovered
they savages and that this discovery ofise gave
right TO form settlements, and 10 exclude all oths,
civilized nations That il conferred upon the nation
OF the discover or and settler the right acquire the
u'utructuary Interest, which the natives had II
would be added, that at early period, the Cher
okees formed treaty with Great Britain, by which
they gave up their independence, and put hemseive.
under the protection OF his Britannia Majesty. Tha
they took part with the British Crown n the war a.
the Revolution. That the American arms were EN-
ployed against them, and they conquered when .Inde
Pend"nce was acknowledged, aud the treaty Of peace
made with Great Brian. That this conquest confer.
red upon the respective States, within whose limit,
they were, all che rights and gave hem all the pow.
ers which The Crown had, prior to the revolution. Tina
tins right still conn ued in the States and never wa.
yielded TO the United States That in securing the
rights, they seversly exercised these powers. from the
year l776 up vthe year 1855, in such manner "a in
their sovereign WILL they believed to be wise and ius
without any control from the u States.
That although, in the arc!as Of ration the re
power given 10 the United States to make ses
WIN Indians residing OF their limits vet there is
IN the ninth artics express saving TO each STATE nj
all its legislative rights within its chartered limits
As TO TO the second point, the political condition of
the Indians, az established by treaties between them
ard The United States. The 6rst and only treaty with
the Cherckees during the articles of confedera
concluded in Nov 1855
BY that treaty, boundary is established which al.
io's 70 the Indians great extent Of country within
the acknowledged limits or both North Carolina and
Georgia, and over which those States had actually
isated; had previously authorized by law the sale. Of
land therein; considerable quantity had in fact been
sold to Individuals and the money paid 10
the State.
Against this treaty, ho.h Georgia and Nor,b Caro-.
lima entered heir solemn protests being az they al.
legged, IN violation Of hei- Legislative rights
Not very long after this treaty, the Cherokee. wa,
ed war against the citizens of those States which
continued until some short time pror to the treaty o.
Holston, conclude in the year a79I
ms was The hrst treaty made with those Indians
under the authority OF the present contribution Of the
United States, and by it, boundary is agreed I'M.
on, by which the limits before allotted to the Indians
are reduced 10 4 smaller compass.
by the seventh article, the United S,,,es soI.mp
~ guaranty TO the Cherokee nation, all their lands not
hereby ceded" WV
On the seventh day Of February 1892 an addi,iopa,
arce 10 this las, mentioned treaty agreed upon nv
whch an addition OF $500 is made the annuity suu-
lated in the former treaty.
In June, 1891, another treaty is made between the
parties by which The provisions OF the treaty of 1871
are revived, an addition made 10 their annuity .,nl
provision Tor renewing and marking the boundary lipa
In October, 1888 an additional treaty J.. concluded
oy which former treaties revived The boundary OF
Indian lands curaied by another ces,ion TO tn, IJni,ed
| States for an additional compensation.
In October 1904, anoher treaty was concluded bv
which more land is coded by the Indians for cen.de
raiion agreed upon and specified in the treaty.
In October, 1905, two treaties are made hy which
me intians cede an additional quary OF land
On the 7th day OF January, 1906 another treaty. is
concluded in which more lands is ceied TO the United
States, and in September, 1907 an exclamation il areed
lin ipfan oil IL, H.
mentioned
On the 22l day of March, 1916, ano'her treaty i.
concluded, by which the Indians r-nqui.h their ,le
TO lands in South Carolina for which b. United States
engage South Carolina will make payment; and on the
same day, another treaty made in which the Indians
reiinquish to the United States their claim to more
lands, and agree to allow the Of the water course
IN iheir remaining country, and also permit roads 10
be made through the same.
On The 18th of September, 1916 another tre,tv Ia
made ny which an additional quantity Of lands is coded
TO the United States.
On the Sh day of july 1917, another treaty is con-
Guided, by which exchange of lands is agre ID on
plan Tor dividing the Cherokees settled. One part 10
remain East OF TIE Mississippi another 10 emigrate
West OF the Mississippi to country de sgnated in tho
treaty, and those who might happen 10 fall within the
territory coded, to have election become citizens
oil the United States, and each head of the Indian fam-
10 have reservation Of six hundred and forty acres
oil land, TO include his improve ments
ANA on the eth February, lSl9 another treaty is
concluded Intended TO be in execution of the stipua.
|
and in which an additional Of country i. coded 10
| the United State,.
l4ese, as The committee believe, are all the treae
between the United States and the Cherokee alton ou
The East side OF the Mississippi and within the lp,i,,
Of any Of the Uni'ed Sa'es
In several Of them there are stpuia,ions for roads
The navigation OF rivers, and the establishment of fer
rles within The bounds reserved by the Cberok.es IN
themselves, and guaranteed TO them by the United
Sites
In virtue OF these treaties The Chetokses comic nd
they have valid and complete title 10 the lands oil
winch they are in possession; and that they have 2
flght 10 establish such government, in their own
OPINION Is best suited 10 their conditions; and such
goverpmcnts independent of any of the States within
The limits OF which any POI tons Of their territory NAV
happen to be; and that the United STATES stand solemn
~ Pledged TO protect them in the peaceabe enjoyment
| OF 1T, 2anst all the world
On the other side, the States NAV admit that il tbs
political condition al the Cheroke was 10 be consider
ed a. related 10 The rights and powers OF the United
States only then in il is true, they are ought ts
ne community sovereign, in all respects those only
excepted IN whch they had by the treaties express
surrendered heir indie pendence; and still contend that
georgia was sovereign and independent State Iro,n
'he 1h day OF July, 1776 period an erior TO the u
mon oil the states under either the Of confede
ration or oil the present Con.ttution That as sove.
reign State, she had right 20 govern every human be-
ing within her limits, according 10 her own will and
% dispose Of all the vacant lands, when 10 whom and
Tor what consideration she pleased. That she is sill
10 The possession OF all those rights and powers
ing only such as she has expressly srrendered That
Size never has surrendered 10 the United States either
ny Ueay or by any other means TO dispo.. of her Va
can't territory, or TO authorize the establishment Of
government within her limits, without her consent
So far from b that the OH article Of the conf d,ra,ion
al har ui. -.