Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1835-10-23


wow, taken in connection with the circumstances
whch as stated by Judge White led to its introduction
ny him and its adoption by the Senate 7chut does this
SoiM1on realty nIRGHnt to-
II prcspsrljrriy gives the advice and consent of the
senate To ~hat9 To the payment Of five millions Of
u"urs to the Cherokee Indians for their lands H3'o
%"S ms purchase 1" be 1aGdz:' By treaty compact
"tM Thha 1ruS contemplated that tbs trsa;y Sh0md II
M"6r? With J"ln Ross and his party then in Wash
,ngnn lnd achO ,ccrc Jchn RoSs aaa lis pa.i!" Judge
WIN" tells us above, during the asl Session OF Gun
s'rsS, There were two parties Of Chcrt"es in Washing
" one h"adrt by J"n Ross, and suypGs,d IL rtrrc-
s.l Me 'ch0'e IF The chrrohcr*; the Other by RIDGE ana
SH'n IL represent $m'"H portion Oniy" Now, unless il
" P""s!he u snPp's that t can be equal 10 the 1rhor,
IL Gould not possibly he sHrposrd that John Ross and his
c"ranns. literally represented The lrholc of The Chrru
KEGS, when Ridge and his companions also o.: the
spot rs representatives of of the two parties into
winch the Tribe were known to be divided. This division
urng notorious, and appearing clearly from Judge
w hlt salrncnt of facts, the question IS I-hrh nf the
TIC" paTtics constituted tie mnority Of the trb' Had it
nrtn The party rePrrscnrdhy Ridge aud his companions
hey would CLEARLY have been the proper persons t.
Will And II to.s and his companions the proper
persons To treat WITH 1t Gould only be upon the SuppOS
on and herGHSc OF the suppostnn that Tie pnrty repre-
sccd by them Tie i"ry: and THAT Mt,rlOrc. they
might be drrcd the representatives Of The tribe general
j.. We will suppose this 20 have been the fact.
II is now very obvious what The above Resolution of
Tie Senate amounted to- 1t is acOrGed, exclude
all reference 10 treaty But, taken in connection will,
Inc circumstances which, according TO Judge w 8 own
'i'"H9, leu 10 lis auoPon, It's substance IL ms john
"ss and others being supposed to represent that party
G.! Tn" CEerokecs which constitutes Me j0rity gt The
t1c and being therefore, deemed the proper representa-
lives of the trbche Senate do rospcctircy give their
advice and consent II the 7nakiug Of rcGiy with the
sad John Ross and Others for the acquisition the lands
VI The tribe; provided that the sum do not exceed FIVE
millions OF doars and that the spulaLions III other
respects bc approved of.
This being what actually done by the Senate in
the winter of lo3l-5. aud what Judge White was so en-
ceedngly anxious To afford them opportunity 10 du
let open the record again, and exactly what
it was that President jackson subncd TO the consider
alton Of the Senate, and afforded them an opportunity
10 dutin the session OF lS3:i-4
at that period. delegation Of Chcrokces consisting
Of Andrew Ross, James Starr and Others came to Wash.
ngton tie representatives of convention Of Chcro-
KEGS disposed to treat for grafton and produced
drnals Signed by William Hicks Us principal Chief and
other Chiefs This delegation having held conferences
with Commissioner appointed the part OF the United
Sates-thc terms which they disposed to agree
to ccde the Cherokee country were ascrrtainrd. and
embodied in The shape Of treaty; and spul2-
ton being inserted, providing expressly, at tie insiru-
men. shoHid not haze any Liua"g effect until its terms
s!oad bc"Sscncd by majority IF tic tribe, it was thus
ton the u. States, the other hand binding them.
selves to abide by it, should be thus ascnted TO- Such
the character Of the which was submitted
by the President "ior the consideration Of The Senate,
accompanied by message, from which the following is
an extract:
delegation signed tie present ca,g have produced
authority from William Hicks, designating hin" elf principal
stood from the rcpor, Aaur Cu the enrolling AGENT
given III" DESTROYS OF emisrang, alien! pa
t:ovrrn.nent, arrange
removal In cO"imiy with this notice. meeting WE held u"d
III. autiILrity here Referred - tho result.
" Ia "uecS Il" This nrcat on John H. Eaton was appointed
and col with them. aud h"ir views The Wan
Department. These are i'olrd IN thc treaty which presented TO
your consideration
Unler these circumstance, submit the the coasidc
ration {" the Senate The ac.c Of the Government las cot been
s tn" saicr of the au;hoy d" the negotiating
r part the Indians Sometimes il has been done by
pcrsous representing the tribe, and sometimes by individuals rons
in it, a that similar in its features The
Independently of the considerations which ocby settle
me", OF this matter no injustice can be done the nam. by the
rGEs,H Of s treaty. 1t is cxprc. provided, that viii not be-
binding upon them, I'll mor has acnt"l 10 rs spIalio"s-
Tn" ChrrSksc EaD, Of ill., Sisilsp ocrnpy portion of tie
OF n States, viz Georgia, North Carolina Tennessee
those divisions shall each be co+ic Us actin! for rensryc< ia
dePeurrty OF the othcr We have frequently in inIc
,i,s as separate cumnn,ics Nor there any injustice in Ills
Us cag they separated into divisions without any strung
requiring of the MINORITY whirh will bind
we T. Ss. principle I M s;
"Mr. White Submitted the following resolution:
Rori That the Senate do advise an consent 70 the rnti-
tic ion OF HE instrument Of writing b. the message
Il" the President the M day of June signed by John H. Eaton"
Others caf OF the Chcfokrcs AMI lated The 18th Of Ju l3ai;
ard others no, by the Cherokee "a'O" to negotiate
treaty with the United States"
Now what was il that the submission Of :ihis matter
opportunity 10 do: Was the instrument treaty. al
ready negotiated and made, and awaiting only ratification
TO give force and effect So far the L. IatS we've
concerned, il agrcrably TO the Presidents plan
But, far as the CderOkctS were concerned II was no
such thing So far they were concerned, II was ap
parent OIL the face of it, that could not possibly be
sidered By any in any other light than plan
or draught treaty, to be presented for the consdrra
ton Of the tribe, and to depend entirely Tor Its coming m
to force upon lis being approved and consented to by
majority OF tho tribe: With this advantage. however,
over plan, that: having been approved by the
holc yaking power oi the u States, might Dc
presented to the tribe with the positive Assurance That
It's terms would be seconded by their mere act lie III
strunlent caicd "a treaty in the frrsIdents Mes
sage; and is every thing thrown into line shape OF
treaty. commonly spoken Of in the sane way, while yet
under the consideration OF the partes and ucioEe any OF
It's spuatons have been asscnsed to- But the calling
it treaty could alter its real and essential character
Suppose the Senate had passed resolution, giving their
advice and consent to the ratification ol ts instrument,
what would have been its effect: IL could have had
none whatevcr 10 make it binding upon the Cherokee
tribe nor upon single man Ui the delegation that
snncd it, lis only pOssbe effect would have becn TO en-
able the President say 10 the Cherokee trbc Here Is
treaty Which the Sennte: well myself, approve and
are pledged 10 abide by: and which awaits only your de-
| cision in It's favor 10 into effect
10 all utents and purposes, therefore, the only thlns
which the presented for their consideration W
the Prcsden III The session CT lo53-4' Afforded 10 hr
Senate an opportunity Of then doing essentially and
substantially The what they actually did IN the
winter of lol-, wit: prosf ccrety give their advice
and consent Tic making Of treaty Tor the exngu's-
nrnt Of the Cherokee title. The sUe diltt renee De-
w cen the two cases is that in the former, the stpua.
tons of the contemplated treaty being ali drawn up: It's
approval by the Senate in that shape would have enabled
liz, President offer it to The Cherokee tribe with THE
positive that lis adoption by them was tr sole
requisite to lis Immediate and perfect utinrnt; where
as IN the latter case the Uniy stipulation ACTUALLY con
scntrd to by the Senate, being that concerning the
prcr no treaty ur offered to them with that assur'
Had the course pursued by the Senate, at tic recon-.
mcndaton Of Judge White, in the srSSon "t lc'j-4'
Jren or ,uuerd upon any objections 10 the S;tp"ia'nS
contained in the instrument submitted to them, II would
have been totally different altar But th!S was not r
cast In the Resolution introduced by him, The refusal
r Tho Senate m cuucur in the ltugure contemplated by