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together with the construction 1 and
usage under their respective articles,
and so to continue.” If at this time
there had been no treaties made with
the Cherokees but-those of Hopewell
and Holston, there would he some
plausibility in insisting that the parties
by these expressions, alluded to those
treaties; but after the treaty of Hols
ton, there was an article added to it
in Philadelphia, in 1702: and in 1791
.there was another treaty in Philadel
phia; which had been duly ratified.
There was then the treaty of Holston,
the additional article, and the treaty oi'
T791, subsisting at the time of using this
language in the treaty of 1798; they are
spoken of in the preamble of this very
treaty as in force; and they are the trea
ties intended, as 1 conceive, when it is said
the treaties subsisting are acknowledged
to be in force, &c. and uot the treaty of
Hopewell, which is not named,and was not
then a subsisting treaty.
Upon the same subject is the 1st arti
cle of the treaty of Tellico, dated ‘25th day
of October, 1305, It rea ls thus: “. All for
mer treaties, which provide for the main
tenance of peace and preventing of crimes,
are on this occasion recognized and con
tinued in force.” Here agam the terms
recognized and con'inued in force commu
nicate the idea that it was not intended
to revive a treaty which had lost its force,
hut to acknowledge and continue those
then subsisting-, to take care tll*t there
should he no doubt as to their binding
force and efficacy. At this time there
were three or four subsisting treaties to he
recognized and continued, without includ
ing in these expressions the treaty of Hope-
well, which had been annulled by the war,
and never revived afterwards. It seems
to me that if it had been intended to re
vive the treaty of Hopewell, the same ex
plicit language, to effect that object, would
have been employed which was used in the
treaty of Philadelj'hia to revive the treaty
of Holston; and that the United States,
who are not only remarkable for their good
faith, hut for not furnishing even plausible
evidence of a want of it, would have caus
ed their negotiator to use a 'anguage upon
this subj -ct, in the treaty itself, not to be
mi-umlerstosd.
I am the more inclined to think it was
not intended to revive the trraty of Hope-
well by the expressions here used, because
the only stipulation in that treaty, of im
portance to the Indians, and not included
in subsequent treaties, is, that in the 12th
article, which provides for their sending a
deputy to Congress, which .1 do not well
see how they could revive, after the for
mation of tlm Constitution of the United
States, so as to make it of any use to the
Indians.
To the treaty of Holston, then, and to
those of later 'late, I think we should re
cur, to ascertain the political condition
oi the Indians; and ought only to refer to ,
that of Hopewell, to enable us the better to
understand what construction it ought to
receiv e.
The (iih article of the treaty of Holston
isiin these words: “It is agreed, on the
S art of the Gherokees, that the United
tales shall have the sole and exclusive
right to regulate their trade.” Upon the
true ineanftig of these words, in this in
strument, mainly depends the question,
whether the Cherokee nation have the
power to impose any tax. If by these ex
pressions we understand the United States
have the exclusive right of regulating'the
internal concerns.of the Cherokee nation,
they will have undertaken a Herculean
task.
Those people are now to be viewed as a
nation possessing all the powers of other
Independent nations, which are not ex
pressly, or by necessary implication, sur
rendered up by this treaty.
What powers are yielded up?
In the 2 1 article they acknowledge them
selves to he under the protection of the
United States, and of no other sovereign
whatsoever; and also stipulate that they
will not hold anv treaty with any for
eign power, Individual Slate, or with indi
viduals of any Slate, fn the fith article
tuey stipulate tha- the United States shall
have the frep and unmolested use of a road
from Washington district to Mero dis
trict, and of navigating the Tennessee
river. In the lOlli they stipulate that if
any Indian, or person residing among
Ahem, or who shall take refuge in their na
tion, shall steal, commit murder or other
capital crime, on the citizens of the Unit
ed States, they shall he hound to deliver
him up, to he punished according to the
laws of the United States,
In the 11.h it is provided that if any
cil izen or inhabitant of the United States
shall go into any town, settlement, or ter
ritory belonging to the Cherokces, and
there commit a crime or trespass, he shall
be proceeded against and punished as if
committed in th“ district to which lie may
belong. In the 13th the Clierokees stipu
late that thev will give notice to the citi
zens of the United States of any hostile
design formed by a neighboring tribe, 8tc.
In the 7th article of the treaty of Tellico,
dated 2d October, 1798, it is agreed that
the Kentucky'road running through their
country shall remain open, Sic Jy the
4*h article of the treaty at TellicO, dated
2G!h October, 1805, it is stipulated that the
United States shall have the frpe and un
molested use’ of two additional roads run
ning through their country. Ami by the
21 article of the treaty at Tellico, there is
a stipulation to permit a post road to pass
through thrir country towards New Or
leans. These different articles, it is he--
lieved, comprehend all the stipulations for
a surrender of powers to the United Slates;
and what do they amount to?
First. An agreement that they will not
make a with any other nation,
Slate, or individuals.
Second. That the United Slates shall
have (lie free and unmolested use of sever
al roads through their country, 1 which Was
necessary to enable the United Slates ccii^
veniently to enjoy that portion of their
own leritory to which the Indians had no
claim.
Third. That Indians, or Iidian coun
trymen, coming within the limits of the
United States, and committing crimes, or
eitizens who might commit crifbes in the
nation, or who should take rcluge in the
nation after having comnlited fciiiries in
their own country, should be sitrendered
up, to he tried and punished.
Fourth. That the United States] shall
have the sole and exclusive right to regu
late their trade-.
With these different provisions before us
we are in some degree furnished with the
means necessary to fix a construction upon
the sixth article before mentioned. It
must be kept in mind that the great oh
jects the United States had in view were
to secure permanent peace withilie Chero-
kecs, and insure their lasting friendship,
elevating them to the rank of a nation, by
reclaiming them from the slate of hunters
lo that of agriculturists, and hr bringing
them from the state of a wandering, ignor
ant race, to that of enlightened, civilized
men. To attain tlmse objects,it was of prima
ry importance to have them rely exclusive
ly upon the protection of the United States,
when in danger from their enemies, and to
put it out of their power to form connexions
bv treaty with other sovereigns, with any
Slate, or with individuals. lly these
means, and these only, could that intimate
connexion be formed and continued which
was essential to the attainment of their
objects.
[To be Concluded.]
■ III WECIIOT A:
WEDNESDAY, JUNE 3, 1829.
Amidst the many trials and difficulties
which have attended us, we have with
much pleasure received many individual
assurances that our labors have been ac
ceptable. For this we are greatly thank
ful. If wc have been instrumental in fur
thering the good cause of Indian improve
ment—if we have added a little to the light
which is springing up among the Chcrolcees
—if we have succeeded in checking the
vice of intemperance—and if we have gain
ed the sympathies and good wishes of some
of our white readers, for the Aborigines of
this Country, our labors have not been al
together in vain, and we should feel well
compensated, even if we were deprived of
assurances from an}’ of our patron«, that
our paper lias met with their approbation.
For the encouragement of our home read
ders, we have occasionally inserted in the
Phamix extracts from our private corres
pondence. Similar reasons will justify us
in making public the following short ex
tract of a letter addressed to us from an un
known friend in Alabama,
“I have derived from the Phamix, both
pleasure, and instruction: yet I have been
pained, and disgusted, by a disclosure of
t he nefarious plans of some of the whites, to
deprive you of your country. I presume,
there is no heart that is touched with feel
ings of philanthropy and benevolence, that
does not rejoice to see your rapid advance
ment in civilization and Christianity. We
can say with joy, that wc have lived to see
“the wilderness and the solitary place be
come glad, and the desert blossom as the
rose.” For my own part, I would not de
prive you of your present enjoyments, and
future prospects, even if your nation were
filled with the gold of Ophir or with the
shining gems of Golconda. I still look to
the magnanimity of the General Govern
ment, for a redress of all your wrongs.”
Jjoedkts.—We are now' visited by innu
merable swarms of American locusts. It is
about fourteen yea in since they last ap
peared.
[communicated]
WONDERFUL PHENOMENON.
On Saturday afternoon, the 9th of
thisinst. [May] in dear open weath
er, a rock of 36 lbs weight fell with
a tremendous noise, in the vicinity of
Forsyth, Ga. It sunk turn feet into the
ground. The noise was heard to the
distance of seventy or eighty miles
round, which resembled a mighty
explosion. The outer part of the
rock has the appearance of having
been in the fire, and when taken up,
emitted a sulphureous smell. When
broken it is of a bright grayish colour,
mingled with some bright rnelalie
particles. History informs us, that
similar bodies have fallen from the
atmosphere, at different times, in the
eastern, as well as in this continent
yet no one has been able, satisfactori
ly, to account for their origin.
New York May C.
From the appearance of the ac
counts from England, by the ship
ColuYnbia, it is obvious, wc think, not
only that the Catholic bills will pass
through the House of Lords, as well
as the House of Commons, but that
they will be carried by a large majori
ty. The opposition will be warm,-
and violent. Probably no measure
that has been before the legislative
department of the British goverment
since the Revolution in 1688, which
related merely lo their own domestic
policy, has excited so much feeling,
as the one to which \ve have alluded.
As a matter of principle, it is not at
all surprising that a great deal,of
warmth should be manifested. Nor,
indeed, is it strange, that as a political
measure, there should be an unpsual
degree of zeal diplayed. The exclu
sion of Catholics from all participa
tion in the affairs of government, has
been ofsucli long standing, that it pro
bably has been viewed by a large por
tion of the inhabitants of the kingdom,
as a part of their policy which was
never to be altered. Of course, when
the change was brought directly into
view', and the measure ilselfwas
placed immediately before Parli
ament for examination, and decision,
it is not to be wondered at that great
excitement should exist, & the nation
be disturbed throughout its borders.
Therefore, whenever the subject has
been brought before Parliament, we
took it for granted that it would fail
at least in the House of Lords. But
when the King came out in its favor
and ivas supported in the proposed
measures by the unanimous voice of
the Ministry, we had no doubt it would
pass. In addition to the influence of
the Cabinet, in the present instance,
a question was early taken in the
House of Commons, which shewed a
very large accession of strength in
that body—so large, that \Ve should
expept from that alone, that the ques
tion would be carried even in the
I louse of Peers. Such is the force
of public opinion, at the present time,
in Great Brilian, that the Govern
ment cannot easily resist its influence.
Under the present system of measures,
the country at large are made, almost
immediately, as thoroughly acquainted
with the proceedings of Parliament,
as if they attended the debates in
person. The course of discussion,
on any given subject, is scattered
through the kingdom in two or three
days, and the effects produced by it
upon the public feelings, are in a ve
ry short time brought back to the
metropolis; and whenever those ef
fects are strongly in favor of a policy
they are felt and acknowledged even
by the Parliament. The celebrated
Resolution introduced by Mr. Dun
ning into the House of Commons fifty
years ago, that ‘‘Influence of the
Crown bad increased, was increasing,
and ought to be diminished,” might
have been true then; but wo are sat
isfied that the popular influence is the
increasing influence at the present
time. Even on the bench of Bishops,
it is expected that nearly half the
votes will be for the Catholic bills.
JV. Y. adv.
THE FUR TRADE.
• The National Intelligencer contains
several letters relating to the Fur
Trade, furnished from the War Of
fice in obedience to a call for such
information on the subject as might be
in the possession of the Indian De
partment. A letter of some length,
addressed by Win. Clark and Lewis
Cass, to the Hon. Thomas II. Benton,
furnishes an account of the nature
and extent of this branch of trade,
which is particulaly designed lo show
the unfavorable operation produced
by the high duties imposed by the
Tariff on a few articles of manufac
ture in demand among the Indians.
A partial trade is carried on with
the different savage tribes all along
our western fiontier, bordered by
their territories; but it is only upon
the Missouri, the Upper Mississippi,
the St. Peter’s and the Upper lakes,
that it is of any considerable impor
tance, as there alone are found those
supplies of furs which offer any valua
ble return. Blankets, woolens, do
mestic cottons, arms, ammunition,
traps, &.c. are conveyed to St. Louis
and Michillimackinac, as the princi
pal depots for the supply of those
extensive regions’; and it is necessary
that they shsuld be there early in the
spring, when the traders nrive. If
they should be delayed they will not
he taken until next season. The
traders arc obliged to set off early,
as they have long and arduous journics
to make—some of them to very dis
tant posts, to which they are limited
by law—as Luck on the Mississip
pi, nearly 3000 miles from its mouth;
that near the Yellow Stone River,
about 1900 miles from the mouth of
the ’Missouri; one at Lac du Diablc,
west of the Red River on Lake
Wiuepeckj and one on Rainy lake.
The competition is naturally great be
tween the English traders and our
own; and the increase of price on the
manufactured articles is severely felt.
Tiie following extracts we make
from the letter above referred to.
jY. Y. Adv.
After the Indian trader has procured
his proper supply at St. Louis or
Michilimackinac, and given his bond
and received his license, he departs
lor his post. The goods are embark
ed in boats suited to the navigation
before him, and manned by a sufficient
number of engages, acquainted with
the trade, and, by constitution and
habit, fitted for its laborious duties.
In some parts of the way for light
birch canoes, in order that the party
may ascend the rapid, precipitous
streams, along which their rout lies;
When these streams are interrupted
by falls, the boats and their lading
are transported by]; the men across
the portages, and re-embarked upon
the stream where the interruption to
the navigation ceases. Some of
these portages are a number of miles
in extent, ascending and descending
steep hills, and others are over trem
ulous marshes, called, in tlie language
of the trade ventre de beeuf, which are
crossed upon small cedar poles. The
men are frequently disabled for life
in the performance of these hazardous
tasks.
After the trader reaches his post,
his first object is to supply the Indians
with such articles as are indispensa
ble, or to furnish them with an equip
ment, as it is called. It will be ob
served, that the Indians are at this
time poor, the proceeds of their labor
during the proceeding Winter having
been paid to the trader, and exchang
ed or paid him for previous supplies.
Every family, therefore, must re
ceive an advance to prepare them
for the Winter’s chase, and this must
consist of ammunition and clothing,
and is generally proportioned to the
number of the family, and the charac
ter of the men for skill & punctuality.
Without this credit the Indians would
perish, and it varies in amount from
fifty to two hundred dollars to each
family. The loss sustained by the
trader from this system, may be easily
imagined, when it is recollected that
there is no means of enforcing the
collection of a debt from the Indians,
nor is it dishonorable, by the customs
of the remote tribes, to refuse its
payment; and after the first year their
credits are termed a dead debt, as
no Indian ever considers it ntcessary
to meet’ them. During the Winter
the Indians are scattered through the
country, employed in taking the ani
mals which furnish them with food
and furs. In fortunate seasons thpy
are enabled to take enough of the
latter to pay the credits they have
received; and they are generally will
ing to do this, unless rival traders
interfere \vith each other, or the proxi
mity of the British trading establish
ment induces the Indians to supply
thetnselves at one post, and to ex
change their furs at another.
The engages employed in this trade
are generally Canadians, and half
breeds, and are hired by the year.
Their pay is from one hundred and
twenty to two hundred dollars a year,
depending on the distance of the posts
and the nature of the service. Five
or six men are employed at each post;
but in the interior, where danger is
always to be apprehended from the
predatory habits of the Indians, their
number is considerably increased.
The enterprise of our citizens has
explored new sources of trade in the
regions between the ranges of the
Rocky Mountains and west of them.
The ascent of the Missouri, and the
eventual employment of the men,
give a character to this business
different from the circumstances at
tending the prosecution of the trade
upon the Mississippi and the lakes.
The powerful current of the Missouri
presents formidable obstacles to the
ascending navigator; and unless the
goods destined for the Indians can
]eave St. Louis early in the spring,
they cannot reach the Yellow Stone
the same season, and of course the
capital is left unemployed, while the
expenses of the trader are uninter
mitted. The expeditions to the Roek-
y Mountains generally leave the
Missouri at or near the Council
Bluffs, and from thence the goods are
transported upon horses to the places
of destination. They here supply
the hunters and trappers who are
found in that country. 'These regny.’j I
abound with the beaver and otter, I
and the furs of these animals are al- I
most the only article’which the tra
ders receive. Great sacrifices have
been made in the prosecution of this '
trade. The first attempt was in 1808,
when a company w r as formed w ith a
view to extend its operations to the
heads of Missouri, and to supply all
the wants of the intermediate tribes;
These Indians in the uper Missourh
had previously depended upon foreign
traders, sent from the posts upoir thfef
Red River, the Assiiriboin, and the"
Saskatchewan. After a few years*-
this company was compelled to a 4 -'
bandon the enterprise, with the sac-'
rifice of nearly all their capital; and !
with the loss of not less thanlwcT
hundred men, killed by the Indians.'*
The causes which led to-this loss, are'
to be found in the lawless practiced
of foreign traders, who were thetf
spread over those regions, and who,
influenced by the cupidity of trade*
instigated the Indians to attack and
plunder our trading parties. Anoth
er association, called the Pacific
Company, was formed in 1810, with
similar views, and they proceeded to -
establish several trading posts upor.’
the Columbia River, but they also
yielded to circumstances, and retired
from the effort w ith a heavy pecunia
ry loss.
It is a moderate computation,..that
we have lost, in those abortive at
tempts, and in several minor ones,
five hundred men, and at least five'
hundred thousand dollars. In the
contests for superiority it those re
mote regions, between foreign traders
and our own, the Indians are excited
to take part; and to this day an influ
ence is exerted, and measures pur
sued, not less injurious to our citizens
than inconsistent with our rights.
Within a year, tiventy men have beeiv
killed by the same means, which
have theretofore been successfully
employed. It is not probable that*
an efficient remedy can be applied,
until we take military possession of.
the country, and establish such posts
as may be found necessary. A
measure equally demanded by our
interests and safety.
From the review which has been
taken of the course of this trade, and
of the interchange of commodities
Letween the Indians and the traders,
it will not be difficult to account for
the influence acquired and exerted
by the latter over the former,
The traders are generally married in
to influential families in the Indian
country, and many of their men have-
Indian wives.
From the New York Journal' of Com
merce of May 1.
Melancholy Event.—The public
mind was a good deal excited yester
day, in consequence of a circumstance
w r hieh occurred on board the Steam
Packet Benjamin Franklin, on her
passage from Providence to this city.
Among the passengers was George W. >
Adams, Esq. of Boston. On Wednes
day, lie complained to one of his
friends, that owing to the motion of
the boat, or some other cause, he ’
felt a severe stricture on his stomach
and a rushing of blood to his head; and
proposed, on his arrival at New York,
to send for a physician and be bled.
About 3 o’clock yesterday morning,
Capt. Bunker, being on deck, heard
him talking wdth a loud voice at the
Clerk’s window. This circumstance
excited a little surprise of Capt. B.
but at that moment meeting with an
accident himself, he thought no more
of the matter.
Soon after, a passenger happening
to pass near Mr. Adams,—“What did
you say, Sir?” said Mr. Adams start
ing from a leaning posture on some
baggage; “Nothing at all, sir,” repli
ed the gentleman. “Ah! I under
stood you to say that *Mr. Adams had
jumped overboard.” He then spoke
to another gentleman, and said that
the passengers had drawn up a slan
derous paper against him, and had all
signed it. Shortly afterwards his hat
was found near the verge of the up
per deck, without the presence of the
owner. The impression now became
general that he had fallen or thrown
himself overboard and perished.
Every effort was now made in ac
cordance with the melancholy appre
hensions entertained—but the night
was dark, and nothing could be dis
covered, The boat was about this
time in the, East River. Since the
unfortunate event took place, sever
al circumstances have been recollect-'
ed by the passengers, which seem ta