Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1832-03-20

gave made it desirable that Congress should posses.
| IT, The Commissioners brought forward the claim,
with the profession that their motive WAS the bcne-
fit and comfort of the Indians and the prevention of
injuries oppreSSions." This may be true as re-
spects the regulation of their trade and as respects
the regulation of all affairs connected with their trade,
but cannot be true, as respects the management of
their affairs. The most important of these, is the
cession of hcir lands, and security against nrudcrs
on thers. Is il credible, that they could have con
sdered themselves surrcnderng TO the u. States
the right to dictate their future cessious, and the
terms on which they should be made? 10 compel
their submission To the violence of dsorderly and
licentous intruders? 1t is equally uncomfortable
that they could have supposed themselves, by a
phrase thus slipped into an article, on another and
most interesting subject to have Invested themselves
of the right of selgovernuient subjects not con-
nected with trade. Such measure could not be
ior their benefit and comfort for the prevention
of injuries and oppression" Such a construction
would ne Inconsistent with the spirit of this and OF
all subsequent treaties; especially of those articles
which recognize the right of the Cherokecs To de-
clare hos,es aud TO make war. II would convert
a treaty of peace covcrtly into an act, annhating
the political existence of one of the parties. Had
such result been intended, it would have been
openly avowed
This treaty contains few terms capable of being
Irsed i'm which could not have been intended
the time, and which is inconsistent with the prac-
teal construction which has always been put upon
them but It's essential articles treat the Cherokecs
n nation capable of maintaining the relations OF
peace and war; and ascertain the boundaries be-
tween them and the United States.
! The treaty of Iiopewell seems not to have cstab-
lished solid peace. To accommodate the difleren-
ccs still existing between the State of Georgia and
the Cherokee nation, the treaty of Holsten ne
9otiacd i'm July, l79l The existing Constitution of
| The United States had been then adopted and the
Government, having more intrinsic capacity to en-
force lis just claims, was, perhaps, less mindful OF
! high sounding expressions denoiing superiority We
hear more of giving peace 10 the.C herokees. The
mutual desire of establishing permanent pcacc and
friendship, and of removing all causes of war, is no.
ncstiy avowed and hi pursuance of this desire, the
first article declares, that there shall he perpetual
peace and friendship between all the citizens of the
/ United States of America, and all individuals com
/ posing the Cherokee nation,
The second article repeats the important ac-
acknowledgements, that the Cherokee nation is under
| the protection of the United States of America and
of no other sovereign whatsoever
The meaning of this has been already explained.
The Indian nations were, from their situation ne
cessarily dependent some foreign potcntate for
the supply OF their essential wants and for their pro-
lection from sand injurious intrtlsons into their
country. That Power was naturally termed their
protector. They had been arranged under tine pro-
lection of Great Britain; but the extingushment of
the British power i'll their neighborhood, and the
establishment of that of the United States in its
place, led naturally the declaration on the part
/
OF the United States and of no other Power. They
assumed the relation of the United States which
had before subsistcd with Great Britain
The relation was that of nation claiming and
receiving the protection of one more powerful; not
that of individuals abandoning their national char
acter, and submitting subjects to the laws of u
master.
The third article contains perfectly equal stipu-
lation for the surrender of prisoners.
The fourth article declares thar the boundary
between the United States and the Cherokee nation
shall be as follows: Beginning" &C. We hear no
more of "allotments" or of Z" hunting grounds" A
boundary is described, between nation and nation,
by mutual consent. The national character of each
the ability of EACH establish this boundary is ac-
knowledged by the other. To preclude forever all
disputes, it is agreed that it shall be plainly marked
10y commissioners, To he appointed by each party
and in order eXtinguish forever all claim of the
Chcrokees the ceded lands, an additional consde-
ration is TO be paid by the United States For this
additional consideration, the Cherokees release all
right to the coded land, forever.
BY the fifth article, the Cherokees allow the t. $.
road through their country, and the navigation OF
the Tennessee River. The acceptance of these ccs-
sons is an acknowledgment of the right of the
Cherokces TO make or withhold them.
BY the sixth article it is agreed on the part of the
Cherokees, that the United States shall have the sole
and exclusive right of regulating their trade. Nc
claim is made to the management of all their AT:
fairs" The stipulation has already been explained
The observation may be repeated, that the stipula
refuse it.
BY the seventh article, the United States solemny
guaranty TO the Cherokee nation all their lands moi
hereby coded.
| The eighth article relnquishes to the Cherokecs
any citizens of the United States who may settle OF
their lands, and the ninth forbds any citizen of the
United States TO hunt their lands, or to enter THEN
country without passport.
| The remaining articles are equal, and contain
| slipuations which would be made only with Il ma
! ton admitted to be capable of governing itself
This treaty, thus explicitly recognizing the national
character of the Cherokees and their right of self.
government; thus guarantying their lands; assuming
the duty of protection, and of course pedging the
faith of the United States for that protection, has
been frequently renewed, and is now i'm full force.
! 10 the general pledge of protection have been
added several specific pledges deemed valuable by
the lndIans Some of these restrain the citizens OF
the United States from encroachments on the Chcro-
kee country, and provide for the punishment of in
truders.
From the commencement of our Government
Congress passed acts to regulate the trade and in
ercourse with the Indians, which treat them as ma
TONS respect their rights, and manifest firm pur-
pose to afford that protection which treaties stpu-
late. All these acts, and especially that of 1902
which is still III force manifcsty consider the seve-
raj Indian nations as distinct political communities
having territorial boundaries, within which their all-
1 thory is exclusive, and having n right to all the
lands within these boundaries, which is only nc
knowIedged, but guaranteed by the United States.
! In 1919, Congress passed an act for promoting
those humane designs of ciyilizing the neighboring
Indians, which had long been cherished by the Ex-
ecuve. II enacis, that for the purpose of provd-