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mmmsBmamgm agggarg» ■■■■wggMwigiaiii 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