Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1835-10-20

had
porder which originated the report now comes out III
aoa,on of its statement, and If we are not mistaken"
snn,es a new at.itnde in vindcatnS the course OF
Judge White III regard 10 tic treaty, ana l" e''eaS
10 InJr W:r I'VE are iafo7u,ed) did vote against
b,t ,,e Federal Union is disposed to call treaty,
I,b, oh we believe the President does notD made
by unaItorsed individuals, and which, from its very
na,ure mast have been migratory, whether the senate
had ratified not. And add to our former state
mcnl the further remark that we received our
ton in regard TO Judge White vote, from ineoer VI
the same Congress, personal friend OF Judge niue,
and who if s mistaken, derived his information
from Judge White himself We can therefore have no
doubt of the accuracy of our statement
A. from this statement of the Recorder it appears
tb7t the information has impaired of the Senate Sc
cet session proceedings has been obtained from lne.
her of Congress ga personal friend Of Jedge fAte
yho d,rred his information from Judge jHitc kim
s.f and as the President enormously represented as
nj considering the arrangement entered into with the
Cherokees as such treaty should have been ratified
bv the Senate we have felt it duty to apply in the
nroper quarter for authentic information, and give below
an extract from the Presidents Message communicating
the treaty, and the Scscluton Of Judge White upon
which it was rejected
The delegation who have signed the present treaty
have produced authority from William Hicks, desig-
mating himself principal chief and other signers the
same in official capacity 1t is understood from the
report of Major Currc the enrolling agent that notice
was given 10 the persons desirous of egrang, TO at
tend on particular day and place, in order appoint
personalities to communicate with the Government, and
10 arrange the terms of cession and removal In con-
formy with this notice, meeting was held and the au
thority here referred to was the result.
" Ii consequence of this application, John II. Eaton
was appointed to meet and confer with them and to re.
port their views to the War Department. These are
Embodied in the treaty which is presented to your consi-
deratcn.
"Under these circumstances, submit the matter to
the consideration of the Senate. The practice of the
Government has not been very strict the subject OF
the authority of the persons negotiating treaties on the
a. h,,1 dana t.p
sons representing the tribe and sometimes by individuals
composing it. am not aware that case similar in It's
features the present. has before requsrd the &C
ton of the Government. But, independently Of the
sdera,ions which fociby urge settlement Of this
matter, injustice be done to the Indians by the
ratification of this treaty. II is expressly provided, that
it will not be binding upon them till maj GRITTY has as
sented to its stpulaons. When that Is g''eh ~ o"'
can Justly deny its obligation.
"fhe Cherokees East Of the Mississippi occupy Por-
ton Of the territories Of four States, w. Georgia, Norla
Carolina, Tennessee, and Alabama. The treaty pro-
vdes that the communities nhabltlng hose divisions
shall each be considered acting for themselves indie
pendenty of the others. We have frequently, in our
Intercourse with the Indians treated with different por-
tons of the tribes separate communities. Nor
is there any injustice in this long they scpara
ted into divisions without strong bond OF union,
and frequently with different interests and views. by
requiring the assent Of the majority 10 any act wkch
will bind them ensure the preservation of principle
which will afford adequate security TO their rights
"ANDREW JACKSON"
"Mr. White submitted the following resolutions:
I" Resolred, That the Senate do not advise ana con-
sent TO the ratification Of the instrument OF writing com.
muncaed by the Message of the President on the I'D
day of June signed by John H. Eaton, as commissioner
on behalf of the United States and Andrew Ross and
others on behalf Of the Chcrokees and dated The 10th OF
June 1894 it appearing from said message and other do
that said Ross ard others not authorized by
the Cherokee nation to negotiate any treaty with the w.
States"
If this treaty had been ratified the Indians would
have promptly emigraed-woud have been quietly set
tied in their homes, amply provided fo1-and the
Georgia difficulties with the lnduA population forever
terminated. The President is now compelled to renew
his efforts to make similar treaty, differing In no par
tcuar in point Of authority from the rejected one, and
varying but little in the amount of consideration
JUDGE WHITES LETTER.
ksoxrasAE, Sept. II, 1895.
DEAR SIR Absence from home for some weeks WILL
hope be sufficient apology for my delay in answering
your letter.
wish it were in my power TO make every one of my
constituents fully acquainted with every word have ut
tered and with every act have done, Senator dur
ing my whole term of service, Although i. might he
discovered that had said done some things which
unwise, yet feel proud consciousness that no.
thing would be discovered which would not show an
anxious desire to promote the public interest.
most heartily approve the policy OF the present Al
ninstraon in removing the Indians settled within the
States and Territories, to the Western side OF the Mis-
sssippi and there settling them beyond the limits Of any
State Or organized Territory; and have given such AID
as was in my power 10 effect that object
During the session Of 1929 and 1880, the plan was
submitted to Congress- and after most lahorous exal-
nation and discussion was sanctioned by that body. In
that examination and discussion was my lot TO tuke no
uncomfortable part and at that day those with whom
was associated pleased think exertions were
of no inconsderable value Public opinion was then
much divided; il has settled down IN an approval
of the plan then adopted. Many treaties have been
FORMED with the various tribes Of Indians and numbers
of them have been actually removed. Those residing
East of the Mississippi to wit, the Chickasaws, Choc
laws Greeks, Cherokees, and Seminole Indians, were
the hardest 10 convince that their interest would be pro-
NOTED by removal All Of these, except the Chero-
KEGS, have at length become convinced, ceded their
country and have either actually removed or agreed 10
do The Cherokces yet rcuan, and parts OF their
country in Tennessee, North Carolina Georgia, and
Alabama. To each OF these States, it is matter OF pc.
cuar interest that their claim should be extngulshed
and they removed
In repeated instances the United States have made
treaties with the Cherokces from the year 1855 to the
year lSl9 and soemny bound themselves TO guarantee
to them the country where they reside. AS early
as the year 1902 the United States made compact with
the State of Georgia. in which they bound themselves
for valuable consideration to cxtnguish the Indian title
within her limits it could be done
able terms. On the hand, Georgia has been press
ing for compliance with this stipulation; the other,
the Cherokecs have been urging compliance with the
guarantee contained in the treaties. These inconsistent
obligations have accustomed much embarrassment. ]
have maintained the doctrine, that if no other
concerned but the United States, they bound
to make good their treaty spulations by securing to the
Indians the enjoyment of the country guaranteed: but
that Georgia completely sovereign and independent
within her acknowledged limits, except far she had
expressly surrendered her sovereignty to the United
States; that she had granted the power to the
Federal Government by treaty otherwise, TO dispose
of any portion of her territory and therefore, these guar
antees to the Indians could not be complied with seci
but must be compensated by paying to the Indians
the full value Of their country whenever the State chose
10 assert her rights within her limits.
This subject had occasion to discuss, at length, in
the early part Of the year $780, and have maintained
this doctrinc at all times and in all places, where it was
spoken of in my presence, from that day to this
On all occasions have used every far in