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

for the second number.
hope the discussion will be continued, until the
facts in relation to that transaction will be brought
to light.
FRIEND TO THE CHERoKEEs.
IFThe author of the above card will per-
ceive that San Adopted Indian" has resumed his
labors, and we hope will now prosecute them to the
For the Union.
INDIAN AFFAIRS-THE CHERoKEES
No. 2.
The formal and official days of mourning over the
grave of the great chief have passed-the proceed
ings of the late glorious anniversary Of free nations
birth have been published and read--and old Mer-
curry, having descended reasonable distance from
the burning altitude from which he has suffered us
poor mortas to be scorched and parched for the last
fortnight, have again returned TO my wgwam for
the purpose of making another talk to you. In my
first number l promise that my next should con-
tain an exposition of matters connected with the
execution of the Cherokee treaty of 1896; which,
for some time past, has elected much Of the public
attention, and has been pressed upon the consdera-
ton of the executive. For the purpose of doing
this in a manner which will bring the subject prop
erly before those who desire to understand il, and
accomplish the object have in contemplation,
will take bird's-eye view of the condition of the
Chcrokees long before zoe became a nation, and
trace their history down to the present time
It may not be inappropriate at this time, to pass
over all other historians, and take the glowing Ian
guage of the present accomplished and distinguish
ed head of the Navy Department. In his history of
aboriginal America, in describing the condition Of
the Cherokee Indians, when the first Of the white
race set foot upon these shores, Mr.. Bancroft
says:
"The mountaineers of aboriginal America the
Cherokees who occupied the upper valley ofhe Tennes
river Muscle Shoals and the highlands Of
Georgia and mos mas
enccled by blue hills rising beyond hills Of which
the lofty peaks would kinds with the early gh and the
clouds There the rocky cliffs rising in naked grandeur
defy the lightning and mock the londes ais Of the thun
there the gentle slopes covered with magno
las and towering forest trees decorated with rowing climb
and ring with the perpetual note OF the whippoorw
there, the wholesome winter gushes profusey from the
earth in transparent springs; white cascades glitter
the hill sides; and the shallow but pleasant the
eye rush through the narrow wales which the abundant
strawberry and coppces which and
flaming azaleas adorn At the fall othe leaf the fruit of the
hickory und the chestnut hck strewn on the ground
The fertile soil teens with luxuran heritage which the
roebuck attens the vviiyng breeze is laden with fra
grance and day break welcomed by the sh cries of
The social nghhawk and the liquid carols Of the hooking
birdn
The above is our historians description of the
country owned and occupied by the Cherokee In
dams, when the eve of the white man first rested
upon it. II stretched from the waters of the heau
full Ohio to the tde-beaten shores of Virginia, the
Carolinas, Georgia, and Alabama The grand
sachem of the tribe could stand upon the highest
mountain-peak of this vast domain, and gaze upon
the huntng-grounds of his people, encompassiGg the
lands which now compose majority Of our South
and Southwestern States And he could then cx-
ultngly excaim, 81 and my people have no master
but the Great Spirit and from him, and under him
alone, hold the charter for our forests and our
soil ~ Such was the condition of the Cherokee,
when he saw the first white sail of the European
approaching his shores. In whose hands now is
the rich and beautiful country he then occupied
and how did it change ownersi l will tell you all
before have done with these numbers but will
now only give very brief sketch of the proceed
ings Of our government relative to the subject, and
rapidly approach the treaty of 1885
There ia one universally acknowledged principle,
which recognises but two ways of acquiring from
the Indians title to their lands--that is by puR-
CHASE, under the constitution and laws, or by FORCE.
The latter was never resorted to by the British gov
ernment but, on the contrary, title in the Indians
was recognised and held sacred by the British
crown, up to the war of the revolution. As late as
the year 1863, the King of England issued procla-
nation concerning the rights and immunities of the
American Indians, from which will make one or
two extracts. They read as follows;
Whereas is just and reasonable, and essential to
interests that the several nations tribes Of Indiana with
whom connected, and who live under rrotec
ton, should not be molesed disturbed in the possession
ing been cedsd purchased By reserved to them as
their hunting grounds: We do therefore declare to be
son DO press the present. "a and until e ou further
pleasure be known to grant warrants Of survey pass pat
ants for lands whatever which, not having been ceded
to- and purchased by aforesaid reserved to the
said Indians, or any OF them"
The next clause of the proclamation asserts the
same principle in reference to the rights Of the In
dams, which was afterwards adopted by ourgoven-
ment, and embraced in the intercourse law Of 1902.
Ii ordains as follows.
ITO the that the Indians may be convinced of
tice determined resolution all reasonable
of discomfort do with the advice of prvy
presume make any purchase the Indians
that IL at any time any Of said Indians should be inclined
dispose o heir said lands the shall be purchased
only FOR In name, at public meeting
bly, Of the said Indians be held for that purpose by the
governor of our colony within which they shall le"
In the condition above indicated we found the In
dams at the time we became an independent nation,
as Engand's conqueror. The Indian question was
then one of great importance to the infant republic;
and treaties of peace and amty" between our gov
eminent and the several tribes of Indians were
eagerly negotiated. The fourth Indian treaty upon
record and the first negotiated with the Cherokees,
was concluded in November, 1765, at Hopewell, on
the Kenowee. Ii was done at the termination of
protracted and bloody war; and the first and second
articles provide for restoration Of prisoners, and
negroes and other property taken during the war,
by either Of the contracting parties The fourth ar
tice designates the boundaries of the Cherokee
country. The fifth article provides for the preyen-
ton Of ch settlements upon their lands, and for the
of any who may be already settled there.
The sixth and seventh articles contain further prom
ses and guarantees to the Cherokees that they shall
be secure in the occupancy of their lands The ninth
article reads as follows ''For the benefit and comfort
of the lndians, and for the prevention Of injuries and
expressions ON the part of the citizens or Indians,
the United States in Congress assembled shall have
the whole and exclusive right of regulating the trade
with the Indians and managing oil their affairs, in
such manner as they think proper" l wish this
article to be distinctly marked for future comment.
II is the first concession the part ofthe Cherokces to
the United States obtained ary years ago, under the
specous declaration from the then victorious party,
that the right conceded for the benefit andconVort
Of the Indians and for the prevention Of injuries aud