The daily union. [volume] (Washington [D.C.]) 1845-1857, 1845-07-25

States and the che0kees may punish him or not as they
peasel!!'
This treaty contains altogether fifteen articles re-
in letter and spirit, the Cherokee ma
tio as in possession of the title Of original occupan-
CIV, which cannot be infnnged upon by any State OF
the Union, or by the United States government it.
SELF unless by treaty or convention entered INTO
pursuant to the constitution. The treaty was ratl-
fed by the President and Senate OF the United
States ON the llth November, 1915 and the guar
rantee of title it contains had never been repealed or
annuled, but was in existence in the year 1888,
when the New Echota treaty was concluded! After
the treaty OF Holston, twelve other treaties were
negotiated between the United States and the Cher
okee nation east Of the Mississippi, prior to the
treaty Of l635-nearly all OF which take an "dddi-
tioral slip Of land from the Indians, but continue the
same everlasting guarantee for the residue Some OF
these treaties are worth presenting to the public
eye; butt for want of space, l shall pass over them
all at this time and come TO the one Immediately
preceding that of New Echota This treaty, or
convention, was concluded at the city of Washing
ton in the year 1879 between the Secretary OF war
(Mr. Calhoun) on behalf of the United States, and
the Cherokee nation east Of the Mississippi river.
1t is final adjustment of the conditions OF the trea-
ty of 1877 by which the old Cherokee nation
agreed to separate, and become two distinct and
several nations, to be afterwards designated as the
"Cherokee nation east of the Mississippi" and the
"Cherokee nation west of the Mississippi river"
The treaty of 1917 was negotiated with the whole
original nation, and made large cession of land IN
exchange for the land to be given to the western
Cherokees in Arkansas. The convention of lSl9
was negotiated with the eastern nation alone, by
which more land is coded to the United States, and
an arrangement entered into for their permanent
occupation of their remaining country, as cultlva-
tors Of the SOIL under the solemn guarantee pledged
by the treaty of l79l In this treaty, all the unset
tied business of the Cherokees is discussed and
settled and the United States binds itself to fulfil the
compact, in the following clear and emphatic man
ner
designate the lands coded by the LIST article of
this treaty may be by commissioner or commission.
ers appointed by the President OF the United States
who shall be accompanied by such commissioners the
Cherokees may appoint due notice thereof be given to
nation and that the leases which have been made under
the treaty the sth July 1917 land lying within the por
country reserved to the Cherokees TO be void and
that all white people who have ntruded may hereafter
nirude the nds reserved for the cherokees shall be
removed by The United States and proceeded against accord
titled regulate trade and intercourse with the In
dian tribes and to preserve peace on the fronticrs
wish it distinctly to be borne in mind, that the
treaty of l8l9 Just cited, the last treaty
cluded between the United States and the Cherokee
nation east until the completion of the celebrated
treaty OF 1856; and that it stood upon your stat
ute-book the supreme law fthe land up to that pc
Rod Every other treaty stipulation have quoted,
remained at that time unrepeaed and unalered. The
provisions of the intercourse law Of 1902 referred to
in the 5th article of the treaty of 1919, still in
existence, as Incorporated in the law of 1884 Up
to the passage of the aforementioned law the act of
1902 was the standard law regulating our trade and
intercourse with the Indian tribes" and its provis-
ions were not altered or amended, its words
changed, on any subject propose to discuss. Sec
ton 18th Of this law provides as foows
That no purchase grant lease other conveyance of
lands of any title claim thereto, from any Indian ma.
ton tribe OF Indians shall be Of any validity in law
equity unless the be made by treaty convention
tered into pursuant TO tie constitution"
Another clause Of the same section makes it a PEE
nal offence in any person, not employed by the
United States, to attempt to negotiate such treaties;
and as if Congress- that early period, anticipated
the assumption and exercise of improper power
thereafter by the States the section of the law
is made to contain the following proviso:
THAT il may be lawful for the agent agents of any
State who may be present at any treaty held pih Indians
under authority Of he United States, in The presence and
rh The appreciation Of the United States
appointed hold the same propose to- and adjust with the
Indians, the compensation to be made for their claim to
lands within such state 10 be ertnguished by freatyp
solicit especial attention to this provision of the
intercourse law, as the conduct OF several OF the
States, which was not only tamely but criminally
overlooked by the government of the United States,
inflicted many Of the evils complained of by the
Cherokees long anterior to the treaty of 1885 and
has produced distraction and hatred among these
people, to alay which time has battled in vain and
which only be allayed by the strong arm of this
hand also ask that the positive prohibition con-
tanned In the second article of the treaty Of 1871,
against the Cherokees holding treaties with any
individual State" may be considered with the
provisions of the intercourse law and then refer
back to the King of England's proclamation, which
! have quoted, wherein he proclaims as follows :
ave, therefore, declare it to be our royal will and
pleasure, that no governor Of any Of our colonies do
presume to grant warrants of survey, or pass pat
en,s for any lands, &C., which, not having been
coded to, purchased by u.s. as aforesaid, are re.
served to the said Indians, or any of them"
have now, in as brefa manner possible, to
be understood, presented the condition of the
Cherokees from the time they were under British
dominion up to the treaty of 1895, so far as their
rights were concerned under law and treaty stpua-
tons. The proclamation of the King shows in what
estimation those rights were held by the English
crown; and the early manifestations of our chief
magistrates and lawmakers, as shown by the law
and treaty spulations have quoted, exhibit fix
ed determination to protect the Indians in their
rights. The intercourse law, under which all our
Indian treaties have been made, and the treaties
with the Cherokees, by which their title to the coun-
try they occupied was recognised and established,
were enacted and concluded early in our national
existence They were ordinances and compacts en-
tered into when our relations with the Indians, found
in possession of millions of the choicest acres OF the
conquered country, were fresh and exciting; and the
intentions of our government and people towards
tnem were pure, KIM, ana ulSlnteTeSteu' ne III
dian title was then held sacred, and the mode was
prescribed by which alone it could be extnguished.
With regard TO the Indians generally this was done;
and their persons and property protected by an act
Of the national legislature, but with the Cherokees,
there were special agreements made in this respect,
in their treaty compacts; and their title to the lands
reserved to them, solemny guaranteed to their peo
pie forever"
have now come to the threshold Of the Chero-
kee treaty of 1895, with all the provisions Of the
several previous treaties, holding up the solemn
guarantee from the United States to the Cherokees,
that they shall be protected in the title their lands
toreper, and that no "indpidua State, individual
Of Sa6, shall modest them, or intrude upon their
territory!' These provisions were in full force
when commissioners were sent TO negotiate the trea-
ty of 1885. In what condition were the Cherokees
found at that timer Why, the United States had
failed TO make good its guarantee in every respect
The Cherokee country was swaming with intru-
ders inicting every species Of persecution upon the
Indians. Georgia had long previously dsregarded
the existing treaties between the United States and
the Cherokees, and asserted the right to jurisdiction