The daily union. [volume] (Washington [D.C.]) 1845-1857, 1845-07-30
COM M UNICAT o N 5.
For The UNION.
INDIAN AFFAIRS-THE CHERoKEEs.
NJ


No. 3.
IN NV last number entered the h'nibsr-roon' OF
Inj;.n Bureau; and from the vast depostes,
,iisrng in neglected heaps, | culled as much
~, The laws and edcts of the United States and
I.rd and from former treaties, as was deemed
$";snt 10 give the public some insight into the
-, history and present condition of the CHERoKEE
So and 10 elicit so much interest in their affairs,
~II sanction thorough and searching inveslga-
an Iarived at but only slightly touched the treaty
n Is35-,36; and TO an examination OF that III
,,,nent aud the mode and manner oil us exeGu'
viii appropriate this number by TINS
~, ,s have shown, the Cherokees coded to the
~ States all their lands east of the Mississippi,
nd in consideration of the sum of -, 5OO,OO TO
IN in money; and for the balance of S5OO,O0u,
Pr 'aI;on WAS to receive 100000 acres Of land IN
nroiries west Of Arkansas, adjoining the country
= he western Cherokees. This sale and purchase
a. made between the United States ana the
fberokee sArIoN but, for the purpose OF accom-,
Ishing that great object 'ndirtduai Cherokees heu
ho satisfied, and the United States was lavish IN
nromses ofindemnity for all their previous losses
,srv snecies of claim was enumerated, and ample
.ovsion for its liquidation inserted IN their treaty.
{,hing was left undone which diplomatic tactics
MD suggest, TO make converts to the treaty. IL
40 a matter determined upon by the United States,
he snre; but then, as FORCE had never yet been
r,eIv resorted 10 for the purpose OF procuring IN
AN lands, il was thought best to apply fair words
nd golden promises, IN the hrst instance: me
,h article of the treaty promises, on behalf OF the
Inited States, that "ust and fair valuation shall
made of all such improvements noic in possession
h ,he Cherokees, as add any value to the lands,
"A also of the ferries owned by them, according to
heir nett income; and such improvements ana Ter
IS from which they have been dspossessed IN
,rl,ss manner, or under any existing laws OF the
late where the same may be situated"
This is an important article in the treaty, ana
* that it may be especially noted at this time,
Ithoucb will reserve discussion upon It for future
Number, 1t admits oftwo constructions. The gov
Irnment contends that the value of these improve
vents must be paid o, Of the S4,5OO,O0O allowed
L, The Cherokee nation for their lands! Other con-
n,ctionsts, and those who profess to understand
that was the 'inent and meaning" of the parties
the treaty at the Time of its adoption, argue that
he "value Of the Improvements upon tAe land IS le-
Ultimate separate charge against the United States;-
bot the consideration money already named, was
considered as the value Of the land only, which was
ed in common by the Cherokee people.-and that
ohpiduals of the nation having Improvements,
ubich in the language of the ninth article, "added
taL, 10 he land must be paid by the purchaser Of
hai land! This is a natter however, which | do
hot intend to discuss at present Whether the
honey was to be paid out Of the Cherokee fund, or
b the tfllttu SUITES vi biat iuhu,
However made no difference to claimants under that
rtcle; they felt sure that they would obtain the full
(alus of all their improvements as well those OF
vhich they were then in possession, as those OF
phich they had been dispossessed.
The tenth article closes with bait thrown to
mother class of Cherokees, who might be benefited
BY the treaty. 1t reads as follows: "The sum of
800 900 il hereby set apart to ply and liqulda the
ust claims of the Cherokees upon the United States
H.. &c Ii hat Inv pnf hap m
ready satisfied under former treaties" Let this
provision be also marked for future consideration
Ni any man in his senses believe that the Chero-
KEGS, as n people, intended to pay these S3O0,UUO
but of the money due them for their lands' Would
hey be sucn consummate fools to take the money
belonging to their whole people-their o,cn money--
nd pay the debts due to certain individuals OF their
patton by the United States, for spollations com
nited upon their property Yet, if this S3O0,OO0
as been appropriated, (,ehieh deny, and 'ciH
rsqtier shoe that il has no) it has been made part
the Cherokee fund.- and applied 10 The liquidation Of
amS arising under the article Of the treaty Just cited
The 18th article of the treaty is intended to court
he favor of such citizens of the Cherokee nation as
we're averse to removal west, but who might, up
bn sufficient nducement, agree TO eXtingulsh the ma
IONS title to the land. To these persons, being
Peads of Cherokee families the United States give
PERMISSION to remain in the States wherein their inn
broyemens are situated, and to grant them quar-
er section Of land, at the minimum Congress price"
% embrace their improvements. The same article
so stpulaes that these persons sha be entitled to
eceive their due proportion of all the personal benefits
ccrung under this treaty for their claims, improve
ents and per capita" The 18th article provides for
final settlement Of all the reservation claims aris-
ng under the treaties Of 1917 and 1919; of which
reservations the reserves had been forcbly dis
possessed by the operation of the laws Of the
States wherein they were located, or by the vio-
ence Of the citiz, Of those States, who per-
nltted 10 intrude upon them
The 18th article makes provision for another class
d claimants, and clearly defines the line of dstinc-
ion between the eastern and "icesiern" Chero-
ees 1t stpulates that ''such Cherokees who
nave removed west since June, 1888, who are enti-
led, by the terms of their enrolment and removal,
all the benefits resulting from The final treaty bet,ceen
he United States and The Cherokees east, shall also be
aid for their improvements"
The 18th article stpuates, on behalf of the Cher
KEGS, that they will remove to their new homes,
vest Of the Mississippi, "within two years from and
ter the ratification Of the treaty; and that during
UGH time, the United States shall protect and defend
hem in their possessions and property, and free
Use and occupation Of the same; and such persons
have been dispossessed OF their improvements
nd houses, and for which no grant has actually is
ued previously to the enactment of the law of the
tate of Georgia of December, 1885, to regulate In
ian occupancy, shall again be put in possession,
nd placed in the same situation and condition, IN
eerence to the laws of the State of Georgia, the
indians that have not been dispossessed; and if this
not done, and the people are left unprotected, then
be United States shall pay the several Cherokees
Or the losses and damages sustained by them in
Consequence thereof"
These are the articles Of the Cherokee treaty Of
$50, containing provisions for the payment Of indi-
ldual claims. 1t will be seen that every species OF
ams is amply provided fop, not only for losses
Which might be sustained by the REIMBURSEMENT OF
PERSONAL property then in possession, but for that
which they had been lawlessly dispossessed, as
lightly advered to in my last number. Thus did the
nIled States commissioner use every means and
esort to every expedient, 10 make friends to the
roposed sale of the Cherokee country, and neutral
Pc the efforts Of those Cherokees who were hostile
that measure. | have no doubt that it was the
Sed determination Of the executive under whose
ADMINISTRATION the treaty negotiated that every
lpulaon should he carried ont in good faith, and
pom the most liberal principles. He had changed
ONE conditions of the original treaty, (Which were
naavsedly inserted by the COMMISSIONER by the
supplemental articles agreed upon before its ratifca
ION; but, when that was done, he did not--ie could
d have intended that technical construction
mould be placed upon its provisions, which would
mango It's plain and obvious common-sense meaning
was left for the asiuie and distinguished iotcyer
no has since assembled the tribune of the Indian De
artnent and nosseesps the rbere,f no,,,r, IN con