Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1832-04-13

INUCPCnUCNCc termlnatCd.
before this period, the punishment be inflicted is evil
IDENTITY lett TO individual discretion 1t is not the ssna,ion
or tribe which incs it, but Cherokees; the phraseolo
gy OF the treaty being here varied leaving these cpl
thes which carefully used in this instrument when
ever ue community, SUCH is described, its collective
obligations or privileges specified. The right punish
followed, IN iact from the ouawry and every Cherokee
was at liberty TO use his discretion in the punishment
Or TO speak more accurately, it crime in Chero
kee under these circumstances, to kill white His
own government had said, she is not OF us. twas re-
sort TO first principles.
The second provision in the treaty. having an appear
ance OF comforting Jurisdictions is that which relates
taiauon and rcprisai But this article grants nohng it
is merely restrictive The right of retaliation and rep
sal is incidental 10 the war-makng power. What would
Justify the former, would justify the latter. But
to prevent the last and worst resort, the parties
there engage that they will seek this re-
medy till satisfaction has been demanded and refused
Nonght here given; but the parties for the sake hu
mainly, mutually rcstraned and this restraint OBJ
gaory upon both as long the power remains, which
III Is an incident But, have already shewn. the
moral power of making has departed from the four
thousand five hundred Cheokees in Georgia aud forever;
and with have departed all the incidents annexed TO- aud
dependent upon that power.
brief review of the other articles OF this treaty shall
close this branch of the enquiry
The LIST, ID and 3D. articles relate TO the termination
of hostiles.
The 4th establishes boundary line
The 9th grants TO the United States road and the na-
VACATION oil the Tennessee river This purely territorial
in its operation, aud the necessity results from the
guarantee in the 7th article
The 9th allows the United States the right TO regulate
the trade with the Cherokees This right by the uniyer
sal practice of nations the United States without
tis stipulation 1t therefore, agrceably the views Of
inc commissioners at Ghcnt merely decidrdtory and
changes nothing in the pre-exstng state OF things
The 7th is a guarantee of the Cherokee lands
Inc oh Is the one already noticed, providing for the
punishment of intruders
The OH prohibits hun,ingin the Cherokee country
Inc ION provides that the Cherokee nation shall de-
hVer up Offenders taking refuge among them Its object
IS TO require the cooperation of the Chcokees MS Posse
confdus, in the apprehension of these persons but il
does not prevent the United States in the exercise of their
cooperation Still less does confer any privileges upon
me Cherokees themselves, operate TO cxonerac them
The flh sipuates for the punishment of white persons
inurng the Indians.
The 18th restraints the power of retaliation Tie other
lour articles are OF nature, which renders their cxamina-
| ton unnecessary.
In all this there is nothing inconsistent with proper
Jurisdiction the Cherokees Nobing which ia,
may not still have, far is useful and vet he subc
TO the jurisdiction OF Georgia Their condition has mate
rally changed since this treaty negotiated and with
that change have come other privileges and obligations
But, even rcverting to the status quo will be seen that
all those provisions may be substantially complied with and
yet the laws OF Georgia may operate upon these Indians
lherown power OF sell government may cease, and still
individuals retain their territorial other rights unm-
paired.
We need not enter into examination of the treaty Of
iellce 1t presents nothing which bears upon the qes-
ton, aud with ii terminates our enquiry The United
States, after 1902, could do nothing bv which the r@hts
oil Georgia could be injured The compact was then form
I'd, and whatever rights the parties at that time possessed
were respectively transferred But it will be found were
down TO the present day. like the preceding ones secure
only the rights OF property, and leave the jurisdiction
touched.
There is another view which NAV be taken or is s,h
jcct and has been frequently taken and recently and very
ably in the American Quarterly Review If the State of
Georgia has right exercise jurisdiction over The Che
rokccs il follows that these people constitute bv virtue or
their natural rights by the recognition of the United
STATES aseparate political community with the power of
se-govcnmcnt. Aud that in fact, government indie
pendent OF Georgia, has been permanently established
within the boundaries OF that State Mr. Justice Mclean
that the exercise of the of seIgo
vernment by the Indians within State is undoubtedly
contemplated CealnDorary.' But by whom is il so
avow their determination remove And as TO the
United States and Georgia their cOntompation of the
SUBJECT Is out OF the question The former upon the doc
trine advocated, have parted with their RIGHT to interfere
ana the latter never had any. How this Of things can
be terminated, so as 10 render the government cmnora
ry," is not very obvious.
This subject however, it is necessary to examine
II the United States have granted nor Guaranteed 10
the Cherokces political rights independent of Georr;,
That they have not, have endeavored to show And
IN dong tins, we have extended remarks TO such
length as to prevent from entering upon the other
on And we are the less inclined undertake it, as we
feel unequal 10 the task; and confident il will he G
and ably investigated by Others goes TO the very fam
dalton OF our government; and il the President and two
thirds oil the Senate can, by exercise the rcav-nak
ing plant or continue separate communities among
us independent oil the respective States they hold in their
hands Tremendous power welded for rood mr. OWL.
power, whose extent and consequences cannot be fore
seen.
And, besides we shall have new code Of na,ura, o IF
municipal law, of neither establish or we are really
al loss TO apply the proper cphet) by which all these
new relations growing out of pected of things
may be regulated by which the third wheel in our form
OF government may be attached TO the other machinery
But these speculations we leave 10 Others
In the previous discussion, have confined ourselves
10 me question oil right avoiding all those considerations
which render eXpedient that these Indians should re
move TO the country West of the Mississippi ASSIGNED for
hcr permanent residence No false philanthropy shouJ
induce us TO wish their continuance the situation tbev
now occupy The decree has gone forh irrevcrse
mat the white and the red man cannot live tooehcr He
who runs may read. He may read il in the past and in
The present. and he may discern ii i'm the signs of tbe I'm
lure without attempting TO investigate the causes moral
and physical which have enacted this law of stern necc
y enough Tor our present purpose know that
exists and TO feel that its penalty destruction TO one of
these parties; penalty only be avoided by their MIRA
uon beyond the sphere OF its influence The longer This
altary measure delayed the greater will be the niurv
10 them Their state of excitement and rneasness will
continue, the collisions and difficulties with their white
ne9hbors will multiply, and surrounded as they must be
with dishearcncd troubles their habits and NAV
ne wrecked III this hopeless conflict Had they not bet
Ter go, ana speedily! Go TO climate, which is known 10
be saIubous; TO country fertile and extensive beyond
,her wants now, and for generations come; and TO
home which promises comfort and permanencc
Gan hey expect to maintain their present position; To
establish an Independent government having underlined
ana undehnabc relations with the State of (eorpio2 tn
add announcer Emporium an inperiO to complicated svs-
se nuch an expectation appears TO vain and usory
Practically unatanable and iraught with their desiruc.
uoD, II could be attained. They would be exposed 10
Vie operation OF all those evils, which have swept over
cir race as the fatal SIMEON, the blast OF DEATH sweeps
over the desert. Nf
Twenty-secOnd Congress. --Sess. 4.