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HB Vvy On Vipfifii'ir A.-iIl unihorioste kraal smh i-Cowufry. *«ur sot |W«W* w «V* «h« shall iit.l have takeu jeuMout, as well < . the o.tlh li vciuuifrr required, shall be guilty of a thcr oni'inies,’pin imany l-ariiwoitt nation*, the w 1 of the siviKi themselves ns-o- , . , , w , ,, o—j — — i—pirates and robbers, may probably, hiRli inisJlmeaaar, rad upon conviction thereof,, fa,. feared,•therefore we have given,” &c. Tho sUjU be pnuiih.-a hjr couuiieirinm to the peuiteu- muniment then confers the powerof Mar. tnry, at hard tabor, f—" ' ±s**w.. . . . e. * ,rg, at liarJ tabor, for n term, oof ltd IBs.. four Tjhq.okiyenth section audiorises the Governor, “slient] he derm it necsisary foi-tho protection of the<niuci. or thccuforroniriitcf die taws iu force within the Cherokee us.ion, to Poise uud orgnu- v/.n a guard," Stc. > \> The thiiteeutli scctiou enacts, “that tho said guard, pr any number of them, shall be, and rliey are hereby, nilriicrizod and empowered to arrest ntrv Mrtu legally eluded with or delected iu a viJlulitrt of the hw* o flail state, and to convey, os too a :t* practicable, till) person so arrowed, bc- ffrtu a justice of the poker, judge of tile superior, 'or ju nice of the inferior l-uurl* of this state, to bo dealt with according to U\v." . Tho o\lra territorial powerof every legislature) liein * Uni'tad in its actiou. to its own citizen* «r! subjects. the very passage of this act ir att a«ar- thm of jiirielirtiiai over the Cherokee nation, itud sif-tkc rights and powers consequent vtt juri»^ c . tii&v, •' (l $ho first Step, then. in tlfts seqtiirs t | lf Vuiu.itiition si tin Istw* •iiiijioio ©ti t , tj ( court hqii examiuition of tho rightfahiess '„f this claim. 'Amorist, separatee. irow. Europo by n wide ocrau, »M inhs.Wteo by’ndistiuct people, divided lute separate iMiiottl, independent of each other «ad*pf the rtSt of *.no world, having institutions '•f.’thbu+iwo, ar. i governing themselves liy their swyt'Ssifi. It is dii&cult to coinprchuud the pro- IqfttuUMli that the inhabitants of cither quarter of Hhe jjloho could have rightful original claims of d'litimiou over the inhabitant! of uacli other, iu •vpr tho lauds they occupied; or that tha discovery of cither by tho oilier, should givl tho discoverer right! iu tha country discovered, which a mail tho . pro-existing rights of its a'ucieut possessors. . After lying concede?! fur n scries of ages, tho enterprise nf Europe, guided by nautical sci ence, conducted some of her adveuturuus sum in to this Western world, ’itiey found it iu posses sion of n people why Ind made small progress hi agriculture or manufactures, and who to general employment eras war, hunting and lishiug. i)i l'ill,-so iidveuinrers, by sailing along the coast, nudoccasion illy landing on it, acquire for tho. sHvcrul Government* to whom-they belonged. or by iv’ioni they avurc commissioned, u rightful property in the soil, from the Atlantic to tho Pa- ci.jc: or rightful dominimi over tho uu iterous peo ple who nt-i-upicd itf Or has nature, or the great Cimtor ol nil thine*, conferred their rights over hunters and li.ker.iiiti, or cgriculturist-i and mnu- aiftcturorsl . * lint power, War, conquest, give, rights which, nfler pot'sesriou, oresxfuredeil by the world, mid wltjcii can n Ivor he controverted by tlmso on w hom they ilesceit-l- Wo proceed, then, to the actual sl'tt’o of things, having glmtcrrl nt riit-ir <>r- igili; Uecuilse holding it ill our recollection might shed somo light o l existing pretensions. The groat in iriliaie powers of Kurope discov- ert-hau I visited ••ifi’erciU parts of titii conlincu: Ht it .-"fly tile saum time. The object was too imtn • o for miyoiio of them to grasp the w hole; mill the claimants wnre loo powerful to submit to the cxclmivp or uarteisonalilii pretensions of any single potentate; To Itvoi* bloody coiifliets, wllielf miglit tcnuiu'ite disastrioiuly to all, it was n.-rcisary for the tvitioh.i of Kurope to establish •obi* principle which nil ..hniild a (.-knowledge, and which should decide their reapactive riglits ns hr- tween Hw.ni.'t l^e.i. This principle, suggested by thj actusl state of thing!, win “that discovery g.iyo title* to the Wovern-nent by whom subject, or-by who«, authority it was made, against nil otVr ilur-.in (iovemmont!, which title might boicotiiiimiii iteil by posscssioa.”* This priuciplo. uek'iowledged bv all Europe ans, Uc.ttise it wn* the interest of nil to' nckuow-' ledge it. gave to.t!- • untlou making the discovery, iis its itu-vit ildo couscqueucc, the solo right of nci|tiiriiig the soil, nud making •cttlenicuss oil it. , It was mi excludvu pricciplp, which shut out thr right of competition among tlmso who had agreed to it: not one which could nniitil tho previous rightshf those who had list agreed to h. It reg ulated tho right given by discovery among the Kuropaan discoverers; but could nut. aluet the riglr.s of those already in possession, either us o- riginal occnp.mts, or’ns occupants by virtue of a discovery made before ilia mmribry of man. It gnvo the exclusive rtglit to purchase, Imt did not fmiu-l tlt-it right on a douial of the right of the pos sessor to sell. The relation between tho Europeans and tho unlive! was (l.itcrmiued iu onch case by tho par- ticwlir (Jovermtipnt whicli nsscrlod mid could mmiitniii this jro-cmjilive privilege in the partic ular place. Tbs United States succeeded to nil t!ie-d»ims<nf Cront ltritaiu, both territorial and political; hut no attempt, so far ns is known, has been made tu-eulargo tltem. Ho ,far ns they ex isted merely in theory, orworo in- their uoture on ly exclusive of thu dithfcf of/olher Kuropoau na tions, tli-y still retain their original character, nnd remnm donmut. So fur as they hare been practically exerted, thoy exist in fact, are under-, stood by both parties, nro asserted by tho one, nnd admitted by tho other. rip,>:i after Great Britain determined onplaut- ing colonies in America, tha King granted char ters to companies of his subjects, who associated for tliejiurposc of enrrying tho views of tha crown in(b elicet, an I of enrieainx tlicuuclves. The first sf these charters was made before possession was taken of any part of tho country. They pur port generally to convey tho soil, from tilt Atlan tic to tho South Sea. This soil was occupied by numerous mid-wariilto nations, ■equally willing ami able to dcf.-.nd thoir possessions. Tho ex travagant mid absurd idea, llmt the feeble setlje- incnts made on tho son coast, or the companies ' under whiehlhoy were madoifteq-uredlegitimate power by tlicin to govern tho people, or occupy the lands from sen to sea, did noV enter the mind of any man. They’wcrc wcll midcrstood to con vey the title which, Recording to tho common law of Europenu Sovereigns rciiiecting America, they might rightfully convey, nud no more. This was tho exclusive right of purciinsiug such lands as • the natives were willing to sell. The crown could not be understood to grant what the crown did not nfiVct to claim, nor was it lounderslood. The power of making war is conferred by these charter* on tho colonies, but defensivt war alone seems to bavo been contemplated. In the first charter to the firit aud second colonies, they are empowered, “for their several defence! toeucoun- ter, expnlse, repel and resist, all persons who shall,' without liednse,” ntttempt to iulgihit"with in tin said preciuet! and Jimitsoflhe said several colnnin*. or that shall enterprise, or attempt at a- uy rime hereafter, the least detriment or minoy- auce of the said several colouies or plantations.’! The cliartor to Connecticut concludes agenor- ■ si power to tnakodefeusive war wilh tlieso terms: -“Auiiupon jutl const* to invade and destroy the aiatives, or other eaomies of tho said coldly." Tlic’ama posvey, iatho-canio words,'is confer red oi tha Government ofRhodo-Islaud. This power to rcpil invasion, and, upon just cause, to iuvnde nnd destroy tho natives, author ise; oflt-arivc ni well as" defensive war, but only < “on just tsausqr..; Tlio very' tenni"imply.the ex- t,tncr at»coa-itry td;bo invaded, ami of an on- coiy who has given just cause orwair. ■'rhe charter to William Penil containsthd fol lowing rocitjil:, “And because, in so remote a 'Wheaton, 513. • • These barbarous uaiion*.whose incursions wore feared, and to repel whose incursions the power to make wpr was given, wire surely not consid ered as the subjects of i’eun, or occupying hks lauds during his pleasure. The saute clause is introduced into tho charter to Ixsrd Baltimore. The charier of Georgia profesics t o he granted for the suitable purpose of eosoi* ,,, p 0or subject, W gniu a comfortable subs:*!' lltu |,y cultivating lauds iu tho Aiuerivan p' jt i,u-ts, "at present waste mid desolate." D ,«cito»: "Aud whercM our provtuecs lu .Nor*. n America have been fre queutly>xa>aged j u jj atl enemies, moro espe- emliyluat of Ouroliou, which, iu tho late war. by th* . K .ighboring savages, rvns laid waste •r I i®-* r “ and great numbers of tho Eug- {**" ’'.iifihitauts miserably massacred; aud our * l '".iugsubjects who now mliabit there, by rensou of the smalluess of their numbcri, will, in case of any new war, be oxposod to the like calamities, inasmuch as thoir whole Southern frontier con tinued! unsettled, and lieth open to the said nova fees.” Those motive* for planting the new colony arc incompatible with .be lofty ideas of granting the soil, aud all it* iuhabitaut!, from sea to sen. They demonstrate the truth, that these grants assorted a title against Europeans only, and were consi dered as blank paper, so far as the rights of the natives were concerned. The power of war is given only for defi-uoe, net for conquest. The charters contain passages, showing one pf their objects to be the'civilizatiou of the Indians, aud th.ir conversion to Christianity—objects to he accomplished bv conciliating conduct, anil good example; uotly extermin:u : an. The actual state of things, on so much of the Vmork-au continent as litis between the Mississip pi aud the Atlantic, explain their claims aud the charters they granted. Their pretensions tin a. voidable interfered, with each other; though th discovery of one was admitted by all to exclude the claim of the other, the extent of that discove ry was the subject of unceasing contest. Bloody conflict* arose between them, which gave import ance and security to the neighboring natiovs. I-’ieree aud warlike in their character, they might he formidable enemies, or efectivi) friends- in stead of rousing their resentments, by assert ny: claim.! to their lauds, or to doiuiuiou over liieu- per..ons, their alliance was sought by llattcriug professions, and purchased by rich presents. The English, tho French and the Hpauinrils, were e- qualiy ruin petit or* for their friendship nut! thsir aid. Not well acquainted with tits exact mean ing of words, nor supposing it to He material whe ther they were callmj the suiyects. or the ehildi'cn of their father iu, Europe; la vish iti professions .of duty and a.'lcction, iu return for tho rich presents thoy r.wcive.l; so long as their nrUial independ ence was untouched, and thoir right U> self-govern ment acknowledged, they wore willing to place dependence on tho power which furmshed sup plies of whicli they were i.i absolute need, and re strained dangerous intruders from enter their country: aud this was probably tho sense iu which the term was understood by them. Certain it is, that our history furnishes no ex ample, from the first settlement of our country, of any attempt, uu the part ef the crow'u, to inter fere with tha haemal affairs of tho Indians, fur ther -than to keep out the agents of foreign pow ers, *whn, ns traders or otherwise, might seduce them into foreign alliance. The King purchased their lands when tit -y were willing to sell, at a price they were willing to take; hut never coerced a sr.'render of thorn, lie also purchased their alliance and tlc;- ndcnco by subsidies; but never intruded into the.iiilcrior of their affairs, or inter fered with their self-goveruiitent, so far as re spected themselves only. - The general views of Great Britain, with re gard-to-the Indians, were detailed by Mr. Stuart, superintendent of Indian affairs, -in a speech de livered at Mobil?, in tllo presence of several per sons of distinction, soon nftcr tho peace of 170-1. Tuuards the conclusion he says, "lastly, 1 inform you that it is the Kiug's order -to all .Governors uud subjects, to treat tho Indians with justice and humanity, and to forbear all encroachments on tho territories allotted them: accordingly all in dividuals aro prohibited from purchasing any of yourlnu.ls; but, as you know, that your whito brethren cannot feed you whou you visit thorn, unlojs you give them grouuds to plaut, it is ex- pectod that you will redo lauds to tho King for that f jrposc. But, wh»;tcver you shall be pleas ed to surrender ntiy of your tcrritottvS to Ilia ma jesty, it mast be done, for tha future, at a public meeting of youniutkm, when thegovcruoig of die provinces, or ‘j -• piperintciulcnt sbuU bo present, and ohtain tho consent of all yetrr people. The boundaries of your hunting grounds will bo accu rately fixed, nuil' no settlement n;rmitted to be rakde Upon them- As yon may be assured that all tronties with you will be faithfully kept, so jt j/expected that you, also, will bo careful strictly to observe them." Tho proclamation issued by tho King of Great Britain, in 17(111. soon after tho ratification of tho articles of peace, forbids tbs governors of any of tho colonies to grant wnrtmtts of survey, or pass patent* upon nny lands whatever, which not ha ving liccu cc Jed to, or purchased by us, (the King) as aforesaid, aro reserved to the said Indians, or any of them. • Tho proclamation proceed* “and wo do fur ther declare it to ho our royal will aud plcasuro,- fur th» present, ns aforesaid, to reserve, under our sovereignty, protection nnd tlominiou, for tho use of the said Indians, all tho lauds anil ter ritories" “lying to the westward of tho sources of the rivers whirl; fall into the sea, from th* west nnd northwest as aforesaid: . aud we' do hereby strictly forbid, on pain of our displeasure, nil our loving subjects from making .'any purchas es or settlements whatever, or taking possession of any of th* lands above reserved, without our special loave or licence lor that purpose first ob tained." “And we do further strictly enjoin and require all persons whatever, who nave, either wilfully or inadvertently, seated themselves upon any lauds within tho countries above described, or up on imy other lands which, not having been ceded to, or purchased liy us, nro still reserved to the said Indians, os nfnrexaid, forthwith to remove themselves from* such settlements." • A proclamation issued by Oov. Gage, in 1772, contains tho following passage: "Whereas many persons, contrary to tho posit! vo orders of the King, upon this suhjeet, have undortakcu to make settle ments beyond the boundaries fixed by the treaties made with tho Indian nations, which boundaries ought to servo as n barrier bet ween tho whites and the said nations;" particularly bn the Ouahache, the proclamation orders such persons to quit these countries without delay. Such was tho’policy of Great Britain towards tho Indian nations inhabiting the territory from which she excluded nil other Europeans; such her claims, nnd such her practical exposition of tho charters she had granted; she considers (hem ns uatiori* capable of maintaining the relations of peaeje and war; of governing themselves, under tier protection; and she made treaties with them, the obligation of which sho acknow ledged. Tbi* was the-settled state of things when the. wnr of oar Revolution commenced. Tho influ ence of oor enemy was established; her resources enabled her to keep that inflacuce; and the colo nists had much causa fur the apprehension that the Indian nations would; as llio allies of-Great Urithiu, add their arms to her'*. This, as was to be expected, became an object of great tolici tuih to Congress. Far from advancing a claim ■to their lands, or asserting any right of dominion •Overthem, Congress resolvetf “that the securing aud preserving ibu friendship of the Indian na- t'Wns,.appear! to be a subject of the utmost mo- mfiat t;> those colonies." Th? carlyjottrn vl* of Cong: **s exhibit the most mixioti! desire to conciliate tlw Indian nations^ Throe Indian department* wort* x^tablMird; an if commissioners appointed in each, •**(# treat with tho Indians in their respective ilepai. uieilts, ill the name and on behalf of tha uuitod cole 'do*, In order to preserve peace aud friendship with tin- said Isrii, ns, and io prevent their taking any t iu the present commotions." Tho most strenuous exertions were made to procure those supplies oil which Indian friendship was supposed to depend, and every thing which might excite hostility was nvoid-d. Tho first treaty was made with the Delawares,; ill September. 1733. Tha language of equality in which it is drawn evinces the temper with which tho negotiation was under: and tbs opinion which then pro vailed in the file*. ••Is-t. That all offences or acts of hostility, by cue or cither of the contracting parties against the other, he mutually forgiven, and lnt.* i ed m the depth of oblivion, never more to be had in re- memtir.iu-e, "2d. That a perpetual peace and friendship shall, from li'itcefortit take place, cud subsist be tween the contracting parlies aforesaid, through all succeeding generations: aud if either of the purlins are engaged ill a just nnd necessary wui, with any other nation or untiotis, that then each sh ill assist the other,in dqp proportion to their a- bilities, till their, enemies are brought to reasoua- able tennsof accommodation, Ac- •> !. The third article stipulates, among other things, n free passage for the American troops througlrthe Delaware natisn, mud engages that they shall bo furnished with provisions aud other necessaries nt their value. "■It h. For the better security of the peace and friendship now entered mto by the contracting parties against all infractions of tho same by tile citizens of either party, to the prejudice of tho o- tlier, neither party shall proceed to the infliction of punishment* on the ciuzeusof the other, other wise than by securing the offender or offenders, by imprisonment, or unv oilier competent means, till a fair and impartial trial can be had by judge* or juries of both parties, as near ns can he to the laws, customs, aud tt-sages of tho contracting parties, and natural justice,” Jke. ' 5th. Tho Gfth article regulates tho trade be-, tween tho contracting parties, in a manner en tirely equal. 6th. The sixth article is entitled to peculiar attention, as it* coutniiv* a disclaimer of designs which were, at that time, ascribed to the United .States, by their enemies, and from the imputation ef which Congress was then peculiarly anxious to free the Government. It is iu these words: "Whereas th® enemies of tho United States have endeavored by every artifleo in their power, to possess tho Indiaus in general with an opinion that it is th? design -of the States aforesaid to ex tirpate (he Indians, and take possession of their country: To obviate such false suggestion the U- nited States do engage to guaranty to the afore said nation of Delawares, and their heirs, all their territorial rights in the fullest and most ample mitun?t% os it hath been bounded by former trea ties, as long as the said Deiawaro natii.n shall a- bide by, and hold fast, tha chaiu of friendship now entered iuto." Tho parties further agree, that othor tribes, friendly to the interest of the United States, may bo invited to form a State, whereof the Delaware nation shall-tro the head, and have a representa tion in Congress. • This treaty, in its language, and hi its provi sions, is formed.as near ns maybe, on the model of treaties between tho crowned heads of Europe. Tho sixths article shows bow Congress then treated the injurious calumny of cherishing de signs uw'ricnrily to the political and civil rights of the Indians. , During tho war of the Revolution, tho Chero- kccs took part w ith the British. After its termi nation, tho Uuitert States, though desirous of poaro, did not foci its necessity so strongly as while tho war continued,. Their political situa tion being changed, they might very well think it advisable to assume n higher touo, uud to impress un tho Cherokee* the sumo respect for Congress wliitb was before felt for tho King of Groat Bri tain. This may account for die language of tho treaty of Hopewell, There is tho more reason for supposing that the Chcrokeo chiefs weronot very critical judges of tholaueuage, frcm the fact that every one makes his mark; no chief was cit pnlilo of signing his name. It is probable the treaty was interpreted to them. Tito treaty is introduced with tho declaration, that "Tho commissioners plenipotentiary of tho United States give peace to tho Chorokeet, and receivo them into the favor stud protection of the (Juitcd’Statcs of America, on the following condi tions.*’ When the Uuited States gave ptcfe, dill they uot also receive it? Were not lioth parties desir ous of it? If we consult the history of the day, N'citbiir tho Brliirii Gvre;timenl nor J>o Chew kees, ever understood it otherwise. • The same stipulation entered into with tholnt- ted States, is undoubtedly to bo cousUr.ed iu the same manuer. They receive the Chwokeo na tion iuto their favor flud protection. I ho Chero kee* acknowledge themselves to he t il ler the pro tection ol the * ailed Stales; nnd of no*, titer pow er. Protection line* uot imply the dttflrucUou of the protected. The maimer iu which this stipula tion was understood by the American (vovermiient, is explained by the language aud act* of our first President. The ftiu.rii article draws the bourn: try between the iudiaiis and rhc.citizeiis ol the tinted States. But, in describing this boundary, the Iterm "allot ted," end the term "hunting ground t are used. Js it reasonable to suppose,' th it plio Indians, tvho could not write, and most prol.a-By could not read, who certainly were uu; csiticidj'jige* of our .,agu.,go. should distinguish the woi I "allotted" iro.n rile w ords "marked out?" The actual sub ject of cwitu’dct tves the dividing liJo between the two nations; uud their attention r?«y lie very well supposed to have been confined ;t* that sub ject. When, m fact, they were cedi ®'g lauds to •lli3 United States; and describing the extent of their cession, it may v^ry well ho supposed th i they might not uudentattd the term em,Payed, as indicating that instead of grunting they were re ceiving lailds. If tho term would admi( of no o- thcr signification, which is not couccd.s', its be ing understood is so apparent, results to tieces- s-rilv from the whole transaction, tho*. it must, WP ilrntk, be ta':*oin’tho seu»o iu which it was most obviously Hied. , , . So with re-pcet to tlio words “minting grounds.” Hunting was at that lime the principal occupa tion of the Indians, ntfti lltcir land was i f ic set! for that put pose than for nny other. It > t *d«l nut, however, be supposed, that any intention existed of restricting tlm full use of the lauds they re served. To the United States, it could bo ti matter of no concern, whether their whole territory t.-as de voted to huutiug grounds, or whether: u o< t asiou- al village, an occasional corn field, iutoirnpted, aud gave some variety to the scene. These terms had been used in tlio trenticn with Great Britain, and had never been tniit uder- stood. They had never been supposed to imply a right iu the British Government to ink" their lauds, or to iuterfero with their internal govern ment. The fifth article withdraws the protection of the Unitod States from any citizen who has set tled or shall settle on the lands allotted to tlm In dians, for their hunting grounds, aud stipulates that if ho shall not remove within six mouths, Jth» Indians may punish him. The sixth and seventh articles stipulate for the puuishmcnt of the citizous of cither couutry, who may commit offences on or against the citizens of the other. The only inference to be drawn from them is, that the'United States considered the Cherokee* as a nation. .The ninth article is in these words: "For the benefit .and comfort of the. Indians, and for the prevention of injuries and oppressions on the part of the citizens or Indians, the Uuited States, in Congress assembled, shall have the sole and ex clusive- right of regulating the trade with the In dians, and mauagiug all their affairs, as thoy think proper.” * ’tyi construe tho expression “managing all their affairs,” into a surrender of self-government, would be, tve think, a perversion of their neces sary meaning, aud a departure from the construc tion, .which has been uniformly put on them.— Tho great subject of the nrticlo is the Indian trado.^ The influence it gave, made it desirable that Coegress should possess it. The Couitnis- rictners brought forward the claim, with the pro fession that their motive was “the benefit and comfort of tho Indians, and the prevention of in juries n*jd oppressions." This may bo true, as respects the regulation of their trade, but cannot ho truo as respects tho manngcincut of all-their affairs. The most important of tbeso is the ces sion of their lands, and security against intruders on them. Is it credible that they could have con sidered themselves as surrendoripg to tlio Uuited States the right to dictnte their future eessious, and tho terms ou which they should bo made? or to compel their submission to tho violcnco of dis; orderly or licontious intruders? ' It is equally in conceivable that they-could have supposed them selves, by a phrase thus slipped into an artic>, on another and most interesting subject, to have di vested themselves of the right of soif-governmeut on subjects not connected with trade. Such a measuro could not be “for the benefit and com fort,” or for “the prevention of injuries and op pressions.” Such a construction would tie ittcon- Mstcnl with thb spirit of ibis nnd all subsequent treaties; especially of those articles which recog nize the right of tho Cherokee* to declare hostili ties, and to make wnr. It would convert a trea ty of poace covertly into an act, annihilating tho political oxistcuco of one of the parties. Had such a result boon intended, it would havo been opculv avowed. . . This treaty contains n few terms capable of being used in a sense which could not havo bten intended at tho time, and which is consistent witjfi ]he pra;ltcnl construction which Has always bceii put upon them; but its essential articles treat life Chcrokces as a nation capable of inuiutnining Ibe relations of peaco and war; nnd ascertain tiie does ft not inform us that tho United States were boundaries between them and tho Uuited States, at least as anxious to obtain it as the Cbcrokees? We may ask, further: Did the Cherokee* come to the sent of llio American Government to solicit peaco; or, did the Americau commissioners go to them to obtain ill ‘Tho treaty was made at Hope- well. iiotat New York, The word “give” then, has no real importance attached to it. Tha first ami second articles stipulate for the mutual restoration of prisoners, and of course e- qualt-. ", ,<!■ • The third article acknowledges the Cherokee* to ho under the protection of (he United States of America and of no other power. - This stipulation is fouud in the Indian treaties with Great. Britain; nnd may probnhly be found with those iu other European Powers. Its origin may bo traced to tho nature of their connexion with those Powers; and its true moaniug is dis cerned in their relative situation. Tho gejteral law of European sovereigns, re specting their claims in America, limited the in tercourse of Indians, in p. great degree, to the par ticular p dentate whose ultimate nght of dominion was acknowledged by the othors. This was the general state of thiugs in time of peace.—It was sometime! changed in wnr. Tho consequence was, that their supplies were derived chiefly from that nation, and their trade confined to it. Goods, indispensabib to thoir comfort, in the shape of presents, were received from the tamo ham). What was of still more importance, the strong hand of Government was interposed to restrain tlm licentious and disorderly from intruding into their country, from cncroacnmeuts on their lands, and from thoso acts of violouco which aro often attended by reciprocal murder. The Indianspcr-- ccived in this protection only what was bcccucial trf themselves—an engagement to punish aggress- ors on them. It involved practically no claim to their lands, no dominion over their persons. It merely hound tlio uaiion to the British crown, as n dependant ally, claiming tho protection of a powerful friend and neighbor, and receiving the advantages of that protection, without iuvolviug a surrender of their national character. b This is tho tn-? meaning of the stipulation; and is undoubtedly the sense in which it' was made The treaty of Ilupewell scems 4 not to havu es- tablishcd'a solid pence. To accommodate .the differences still existiug between the State of Georgia aud tho Cherokee uatiou, the treaty of Ilulstein was negotiated, iu July, 1791/ Tin ex isting Constitution of the United Stntes-hud Iteeu then adopted; and the Government, having more iutrinsio capacity to cuforco its just clniins, was perhaps less mindful of high souudiug expresshu* denoting superiority. Wo huar no mbro of j iv ing poaeo to the‘Chcrokces.-* The mutual desire' of establishing permanent peace and friendsTp, aud of removing ail causes of war, is houestly a-, vowed, nud, in pursuance of this desire, tho lirst article declares, that there shall bo perpetual poace and friendship between all the citizens of the United States of America, and all the iuditi-. duals composing tho ‘Chcrokeo nation. The second orticlo repeats tho important ac knowledgment, that the Cherokee uution is un der tho protection of the United States of Ameri ca, and uo other sovereign whatsoever. Tho meaning .of this has lieeu' already explain ed. The Indian nntipus were, from (heir situa tion, necessarily dependent on some forcigu p*- teutato for tho supply of their cssciitial wauts, nud fur their protection from lawless and injurious in trusions iuto their country. That Bower was ua- turally termed thoir protector. They had been arranged under the protection of Great Britain, but the extinguishmeut of tlio British power in their neighborhood, and tlio establishment of that of the Uuited States in its place, led naturally to the declaration on tlio part of tlio Cborpkccs, that thoy wero under the protection of tho United States, and of no other power. They had as sumed the relation with tho United States which had before subsisted with Great Uritaiu. This relation was that of a uatiou claiming and receiving tlio protection of one moro powerful; uot that of individuals abandoning their natioual character, nud submitting as subjects to the laws of n master. The thiid article contains a perfectly equal sti pulation for tho.surrender of prisonen. Tho fourth article declares, that "rite bounda ry between tho Uuitei| Slttxs and the Chcrokt* grounds.” A boundary is describe,? i “ lc lion mul uatiou, by u , utual ttonal character of each, the al w Cnf ’ establish the boundary, is nckao!!? , of ««t other. To preelude foreveVS^wl greed that it shall be plainly inarluE?'*'" stoners, to he appointed by **" order to extinguish forever ail claim .ft’ ** kees to the ceded lands, ou addition!! ,heC| lion is to lio paid by the United 8ui f t * D ® 1 additional consideration t|. c Fo.- nll right to the ceded land, forever '" * By the filth orticlo, the ClierokL Foiled States, a rqnd through tl#ir.! alo » tlio imiigyiec of the Tennessee ri\ C r “°*il ‘-'l <*c.tsiouA ’*• an t ' L imiiL of the rifclu oi’ibc (ifaerokltJ withhold them. liy the sixth article it is egrecj the Cherokee*, that the United 6t’«t!! tt t P 1 the sol® *ttd exclusive right of trade. No claim is Hindu to the of all their affairs." The «tiptiUg o .. R ! 0lr ‘ been explained. The observation umj' 1 ed, that the stipulation is itself au Vi their light to make or refuse it. Uttl By the seventh article, the. United a, eim.ly guaranty to the Chcrokeo na „ !f land* not hereby ceded. *“ WI *J Tlio eighth article relinquishes to tl„ ..ccs auy citizens or the Uuited State, !i sctilo ou their lauds, and the ninth foHda tizen of the United States to hunt ou or to enter their country without a m, „ I Tho remaining articles ere eqnal n.,1 stipulations which would be made’ on), nation admitted to be capable of govenft! self. ® n *j| This treaty, thus explicitly recogni.ias nunol character or th • Cherokee,, and tlt‘ of self governincnt; thus guarautviur assuming tho duty of iirotcctioti, and of pledging tho faith of the Uuited State, y protection; has bccu frequently rentned , ncMf in full force. ’ 11 To the general pledge of protection hare added several speeilie pledget, deemed *4 by tho Indians. Home of these rcstruin fo zens of tho Unitod State* from cneroaelmiVpt the Cherokee country uud provide fortle incut of intruder*. From the commencement of our Govern,, Congress passed nets to. regulate the trade intercourse with the lucjisns which treat the, nations, respect their rights, aud manirntt purpose to afford that protection which stipulate. All these acts, and especially 13112, which is still in force, mstufcMly (I tlio several Indian nations as distinct political”, mituilics, having territorial boundaries vi which their authority is exclusive, and M right to nil the land within these boamiaric!,»l is uot only acknowledged, but,guarantied' United States. In 1319, Congress passed an act for those humane dcfigiis of civilizing the ing Indians which had long been cherished Executive.—It enacts, “that, for the pm providing against tlar furtherderiiae audL.. tin e lion of tlio Indian tribes adjoining to the tier settlements of the United States, and for": dwing among them the habits and arts sf, nation, the Prcsidcut of the Uuited Suin lie, aud ho is hereby authorized, in ertn where ko shall judge improvement ia the i and condition of such Imlans practicable, asd tlio means of instruction can be iotrodacd, their men consent, to employ capable pews good moral character, to instruct them is modo of agriculture suited to their lilmiion: for teaching their children in reading, irritin; arithmetic; and for performing such other' as may bo enjoined, according to such iu.l and rftlcs as tho President may give and for tho regulation oftheir conduct ia the oftheir duties.” This act avntvedly contemplates tbepri thru of the Indian nations as an object songl the United Htates, nnd proposes to cEett thi ject liy civilizing nnd converting them fnn ter* into agriculturists. Though the Chirr had already made considerable progress in improvement, it cannot be doubled that the: ral words of tho act comprehended then, advance in the "habits mid arts of civff rather encouraged pcricvcranco in the exertions still farther to melioriz? their c This act furnishes strong additional evidtnu settled purposo to fix’tlte Indians in theirH by giving them security at home. Tho tronties nnd laws of tlio United Saw template tho Indian territory as completely rated from that of the Stntes; aud prod** HI intercourse with them Shull hocartWei] duslvcly by tho Govcrumetit of tho Wee., Io this tho rightful cxcrclso of potT«i« usurpation? - , ■ While Iheso stntes wero colonies, this.. in it* utmost extent, was admitted to resile it crown. ’When our revolutionary itnijsk | menced, Congress was composed of »a “ lilago of deputies, acting under specific r ; . granted by (lie Legislatures, or conventional several colonics. . It was a groat pfp a * w '1 meat, not perfectly organized, nor nereifie sp jetive powers of those who were enlrtatalj tho management of nffaiis accurately o' 1 Tho necessities of our situation produced*! ral conviction, that those measures wW corned all, mutt ho transacted by a body w * tlio representatives of all were assemaiM, which could commnud the confidence ot Congress, therefore, was considered as'" wilh all tho powers of wnr .nud peace. »i gross dissolved our- connexion with the couutry, ami declared theso Uuited Col ho independent States. Without any vnw finition of powers, they employed "T 1 ® 1 * J gent, to represent tho United States *tiM*. courts ef Europe; offered to uegocian with them, and did actually uegociate trciun France. From the sntno necessity, sw* same principles, Congress assumed toe . incut of Indian affairs; first in the name Uuited Colonies, nnd afterwards in th' ■ tho United State*. Early attempts af a; negotiation, nnd to regulato trade* A Thoso not proving successful, warwasc ,y dcr.tho direction aud with tho forces oft States, und the efi’oru to make peace QJ wero earnest and incessant.. Tho Con found Congress iu the exerciso of the- ^ ors of peace ami wflr, in our relations nations, ns with thoso of Europe. b , K v state of tilings wIibii tho Confederatio n cd. That instrument surrendered tM P» 4 peace and war to Congress, and pr ul to tho States, respectively,' uu,eis .* |, frU i lunlly invaded, "or shall have ***«['*“ e " vico of a resolution being formed by of Indians to invade suen State, »“< is so imminent ns not to admit of de I ‘States in Congress assembled can be r T(us instrumunt nlso gave the Congress assembled, the sole nud . . of “regulating tlio trad# and ?jL fix of the Indians, not member* of any ,* Provide,l, That the legislative ppw«r' , J within it* own limits be not min t Tho ambiguousP^rV^.^'.^JutTro*, of power to thp Uujtod flute - , by th# Stntes of North Carotin diiC<li;:f ,i, < to nnuul tho power 00 e»*Ui«A roufitsioit rcsnlung from t" - e