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CH22S&9KME FMCENIX, AND SNBSAXS’ ADVOCATlk
PUNTED UNDER THE PATRONAGE, AND FOR THE BENEFIT OF THE CHEROKEE NATION, AND DEVOTED TO THE CAUSE OF INDIANS.— E. 1 t I DIM 'I'i i li TcD
VOL. II.
NEW ECHOTA, ES&A1? CMTOBEft L8, IbLQ.
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VAR no.?*»orv.^A.
AGENTS FOR THE CHEROKEE
PICENIX.
Th n 'ollowiiv persons are authorized to
receive subscriptions and payments for the
jCherokee Phceni-x,
Messrs. Purer, & Williams, No. 30
Mariret St. Boston, Mas-.
. Gcoecs M. T iacy, Agent ofthe A. B.
-G. P. M. N w York. ‘
R-v. A. D. Eddy, Cananda'irua, N. Y.
Thomas Hastings, Utica, N. Y.
Pollard Si Converse, Richmond, Va.
H“ '. James Campbell, B aufort, S. C.
William Moultrie Reid, Charleston,
S. C.
Col. George Smith, Statesville, W. T.
William M. Combs, Nashville, Ten.
Rev. Bonnet Robe a-s, Powal, M".
Mr. Thos. R. Gold, (an itinerant Gen-
JLleman.)
Jerr. tiAii Austil, Mobile, Ala.
R-v. Cvr.us Kingsbury, Mayhew, Choc
taw Nation.
Cn t. William Robertson, Augiista,
Georgia.
Col. JameS Turk, Bellefonte, Ala.
vtXSijt&eXU ♦tKTtr.'.w. »
INDAHTS.
From the National Intelligencer,
JP BE SENT CRISIS IN THE CONDITION OF
THE AMERICAN INDIANS. NO. X.
I would content myself with 6«iying,
jin 'reference to the remaining treaties,
that they are perfectly consistent with
the preceding ones, were it not, that
this sweeping declaration would by no
means do justice to the cause ofthe
Indians. Several of these treaties
contain new and striking illustrations
ol the doctrine that the Cherokees
Were understood to possess their coun
try in full sovereignty.
FOURTH TREATY OF TELL1CO, OR
NINTH NATIONAL COMPACT WITH THE
DHEUOKEES.
This treaty was executed October
#7, 1805, at the same place, by the
same Commissioner* and fourteen of
the same Chiefs. & only two days after
the next preceding one. The occasion
of it is sufficiently explained in the
first article:
“Art. 1. Whereas it has been re
presented by the one parly to the oth
er- that the section of land on which
the garrison of Southwest Point stands,
flnd which extends to Kingston, is like
ly 1o he a desirable place for the As
sembly of the State of Tennessee to
convene at. (a commit tee from that
body, now in session, having viewed
the situation ) now, the Cherokees,
t>e>n<r possessed of a spirit of conciliation,
and seeing that this tract is desired for
public purposes, and not for individu
al advantages, reserving the femes to
themsebes, quit claim and cede to the
United States the said section oMand,
understanding, at the same time, that
the buildifins erected by the public
are to belong to the public, ns well as
Jlie occupation of the #ame during the
pleasure of the Government. We al
so cede to the United States «he lirst
Island in the Tennessee above t ie
month of the Clinch.”
Art. 2. The Cherokees grant a
mail road to the United States, from
Tellico to the Touibigbee, "to be
laid out by viewers appointed on both
sides.”
Art. 3. "In consideration of the a-
bove cession and relinquishment, the
United States agree to pay to the
said Cherokee Indians $1 600.
Art. 4. The treaty to be obligatory
when ratified.
Ratified by Mr. Jefferson and the
Senate.
Within a year or two past the states
men >f Georgia have contended that
the National Government has no au
thority to make treaties with Indians
living, as they describe the matter,
“within the limits of sovereign and
independent State. The fact is.
that the National Government is the
only compete d authority, under the
Federal Constitution, to enter into
any engagements with the Indian tribes
which yet retain their organization as
separate communities, and acknowl
edged to possess a title to land within
definite limits The uniform prac
tice of the Government has accorded
with these principles; and Georgia
herself has, until very lately, been
urging Congress and the Executive
to hold treaties with the Cherokees.
Mow did tin* State of Tennessee
understand this subject? Let the
first article of tlie preceding treaty
answer. The legislature of Tennes
see desirous of obtaining a site for the
erection of buildings to accommodate
their State government, suit a com
mittee to view the point at the junc
lion of two beautiful rivers the Ten
nessee, and Iho Clinch. The bounda
ry, as it then stood, ran very near this
point: and the State soli, iletl a sqm <e
mile for the public object above de
scribed. The Cherokees. ooi of a
spirit of conciliation, and for $1,600
in money, ceded the section of land,
with these remarkable reservations,
viz: that they were to retain the fer
ries at the sent of government of Ten
nessee; and that the grant was hiade
for public objects only. Of course
the land would revert io the Chero
kees, if the seat of government should
be removed. As tlie Legislature af
terwards fixed the seat of Govern
ment farther West, no public build
ings were erected at this place.—
Narrower boundaries were subse
quently established between the U-
nited States and the Cherokees; but
the ferries were held for a long time,
if they are not now held, by assignees
of the Cherokees. The treaty was
ratified by President Jefferson and
the Senate.
This whole transaction strongly il
lustrates several important positions,
which have been taken, or implied, in
the preceding discussion, such as the
inviolability of the Cherokee tmitory;
the right ofthe Cherokees to make
or withhold cessions of land, accord
ing to their pleasure; their right to
impose such restrictions upon their
grants as they pleased; and the trea
ty-making power of the United States
being the o. ly medium by. which a
State can get a proper title to Indian
territory.
TREATY OF WASHINGTON, OR TENTH
COMPACT WI"H THE CHEROKEES.
This treaty was neg.dated at
Wahsington, January 7, 1806, by Hen
ry Dearborn, Secretary of War, and
seventeen Cherokee chiefs and ivar-
riors.
The object appears to have been to
adjust certain claims of the Cherokees
and Chickasavvs to the same lands,
lying between the Tennessee river and
Duck l iver, in what is now West Ten
nessee. This was done by obtaining
a relinquishment to the United States
of “all the right, title, interest and
claim, which the Cherokees, or their
nation, have, or ever had,” to the
tract described, except that tw o res
ervations of small portions of tins
tract are made by the Cherokees.
The U iked States give 10,000 dol
lars and certain privileges, in con
sideration of the -above relinquish
ment .
The United States also agree to
use their influence to have a certain
boundary established between the
Cherokees and vJhiokasuws, on the
South side of the Tennessee river;
••but it is understood by the contract
ing parties, that (lie United States do
not engage to have the aforesaid line
or boundary established, but only to
endeavor to prevail on the Chickasac
nation to consent to such a line, as the
boundary between the two un ions ”
Here it is implied, in the strongest
manner, that the United States had no
tight to encroach upon India i territo
ry, or to fix boundaries between neigh
boring tribes; and that these tribes
had, as separate nations, the unques
tioned power to settle their own boun
daries.
The Government of the United
Slates was willing, However, to act
the part of a mediator in the adjust
ment of these boundaries. Ratified
by Mr. Jefferson and the Senate.
TREATY OF CHICKASAW OLD FIELDS;
OR ELEVENTH COMPACT WITH THE
CHEROKEES.
This treaty was executed by Re
turn J. Meigs and James Robertson,
on the one part, and five Cherokee
Chiefs on the other, September 11,
1807.
It was made to ‘elucidate’ the next
preceding treaty, or to ascertain the
real intention ns to the boundary.—
'rite Cherokees were to receive $3,-,
000 for their readiness to plat e the
limits of the land ceded old of all doubt-,'
and it was stipulated that "the Cher
okee hunters, as hath been the cus
tom in 8u h cases may hunt on such
ceded t act, until by the fulness of set
tlers, it shall become improper.”
This is the second instance, in
whi h a privilege to hunt on ceded
lands is granted; that is, the Chero
kees were allowed to exercise the
sune rights of ownership, over land
which they had quit claimed and sold,
and for which they had been paid, as.
(if we are to believe the present Sec
retary of War,) tuey could ever exer
cise over any of their lands, which
had not been ceded. 1 am willing to
presume, however, that the Secreta
ry of War, after mature deliberation,
will abandon a position so utterly un
tenable.
This treaty was ratified by Mr.
Jefferson in the usual manner.
SECOND TREATY OF WASHINGTON; OR
TWELFTH COMPACT WITH THE
CHEROKEES.
The sole object of this treaty was
to obtain for South Carolina a small
portion of mountainous country, lying
at the northwest po nt of that State.
It was executed by George Graham,
and six Cherokee Chiefs, March 23,
1816.
Art. 1. “Whereas the Executive
of South Carolina has made an appli
cation to the President of the Unit; d
States to extinguish the claim of the
Cherokee nation to that part of their
lands; which lie within the boundaries
of the said State, as lately establish
ed and agreed upon, between that
State and the State of North Caroli
na; and as the Cherokee nation is dis
posed to comply with the wishes of
their brothers of South Carolina, they
have agreed, and do hereby agree to
cede to the State of South Carolina,
and forever quit claim to the tract of
country contained within the follow
ing bounds:” [Here the hounds arc
described, comprising a tract now in
the N. W. corner of South Carolina.
The tract was of small extent and ve
ry little value, as it is among the
mountains.]
Art. 2. The United States agree,
that the State of South Carolina shall
pay to the Cherokees $5000 for this
grant, in ninety days: “Provided,
That the Cherokee nation shall futve
sanctioned the same in Council; and
provided aiso, that the executive of
the Slate of South Carolina shall ap
prove of the stipulations contained in
this article. ’
This treaty was ratified by the par
ties; viz: President Madison and the
Senate, and the Cherokee nation in
council assembled; and it was doubt
less approved by the Governor of
South Carolina.
Here is another perfect illustration
of the manner in which the several
States obtained a title to lands, which
had remained the propeity of Indians;
though the lands appeared, according
t>> the maps, to belong to those States
White men, not Indians, made the
map3. The north w„st corner ol
South Carolina, as that State appear
ed on the map, still belonged to the
Cherokee Indians. The State wish
ed to obtain possession of this little
fraction of mountainous territory. In
a manner perfectly fair and honorable
she applied to the General Govern
ment, requesting that the teriitory
might be purchased of the rightful
oivners. She does not say, that tin
lurid belongs to her; but simply that
North Carolina has agreed uitli South
Carolina, r.s to the boundary between
them, when the land shall have been
obtained of the Cherokees She does
not pretend that the Cherokees rre
hound, o; that their rights are in any
degree affected, by agreements be
tween third parlies. This is a cor
rect vice ofthe subject; and quite
as appin able to Georgia as to South
Carolina, or anv other State
WILLIAM PENN*
11 OUj ^
ny
liiL'U'..
NO. XI.
There are four remaining treaties
to be examined Two of them were
negotiated by the distinguished getter
ah who is now the Chief Magistrate
of the United States, and one by the
Secretary of War. who is now k ice-
President of the United States. On
th :se accounts, pb well as their in
herent importance, they are worthy
of particular altent ion.
THIRD TREATY OF WASHINGTON;
OR THIRTEENTH NATIONAL COMPACT
WITH THE CHEROKEES.
This treaty was executed on the
same day with (he one ne f \t preced
ing; viz. March 23, 1816, and signed
by George Graham foi the l nitcu
States, and six Cherokee Chiefs, lo.
the Cherokee nation, living on a dif
ferent subject entirely, it was em
bodied in a separa'e document.
Art. 1. The boundary between
those parts of the Creek and (. he ra
nee nations, which were west of the
Coosa river, is agreed upon.—
The United States having obtained,
by treaty, the Creek lands west of
the Coosa and contiguous to the C he-
rokees, it became necessary to as
certain and establish tlu ir boundary
between these nations. In the hotly
4, ~'‘ v i'jaii, turner iliu grant oi me sec-'*
V.HU virlwie oi tins tiv.uy, - tue pmu-
jiai duel oi me Cliero.vee nation s..„ll
appoint, one commissioner to aCv om*
the commissioners appointed by
.;c i'icsideiu lo lay ou luo ioau.
Art. u. the United estates agree
tu pay Uu lo muiv.dtiuis v,j ,uc
Cherokee nation,” as an indem.i..y
lor losses sustained by them, liom ihe
march oi t;ie Lniwu States
'•'■through that ratliun ”
» no treaty ».„s Guiy ratified
President niatliscui and the fcenate.
A vciy few remarks ou (his
merit will be sultieicnt.
The lirst am, ic says, that the lni T '
led States, ui a treaty made
tears belore, recognized a clam, of
!hc t lierel.ee naliou io land soi.tu of
' he Big i>cnu ol (lie i eiiticssec.——
What claim? Doubtless such < iu.m
as tiie Cherokees made. But u.i v
never made any pailial, limited, or
qualified claim to their lands. '/ht v
never set up a tille as tenants fur the
lives oi the existing generation, or
tenants for years, or tenants at u df.
They sim,.ly, and always, claimutT
the land as their oxen-, and this < ,
the U. States must have re, ognis: rip
if they recognised any clr.ini at «!{
'file fact was. that the ar'.iefe In- ,*•
referred lo, as containing n n •bzeuiuii"
of the Cherokee cb im, w as the one,
by which the U. 8. engaged to prevail
on the Chickasaw s to agree e nii a
certain boundary between ibcin and
the Cherokees. Thus, the friendly
attempt lo fix a boundary between
these two Indian nations, was jusilv
construed, in a tienty ten rears nPer-
w ards. to be a recognition ofthe du xns
of those nations, to the lands on each side
of the boundary.
By nrti'-le second it is agreed, oh
the pari of the Cherokee nation, that
the United States shall hare the ri-iht
to lay off roads,in a certain part ofthe
nation, and in a pr* scribed m .tier.
Of course, ii must lie inferred, that
tlie United Stales had not this ii.lit
before; that ihc assent of the Chero
kee nation was nc essnry to invest
tho United States with the ri at;
and tii t it must, even when cx| r. ssly
granted, lie exercised in the ma, or;
which l!io treaty prescribed. This
article speaks, also, of rivers .oid
waters, “irithin l*c Cherokee nalien;”
and stipulates, that (be citizens of
the United States may f.eely net i e
those waters. On looking at the map
of she Cherokee country, as it t' en
existed, the reader will find, that be
sides the IJiwassee, the Oust ana win,
the Coosa, and many smaller streams,
that noble river, the Tennessee, ( eokr
a sweep of more linn 150 r G s
through the Cherokee nation. T . n
was good reason to w ish for the pib-i-
j lege of navigating these w aters: but
how absurd to resort to the treaty--
making power for the purpose of ob
taining it, if the country rcalh t o
ol the article it is said, that tlie t rea- 1 1 0!) ,. t j Lo Georgia and the neigh! r Gog
ty of January I8JG (already described states.
as the tenth compact,) -the United By articles 3d and 4th. if apreors,
States have recognised a. claim on the [ thollthe Cherokee nation h; d a'govern-
part of the Cherokee nation to the • ■ ■
lands south of the Bi Bend. &e.
Art. 2. It is expressly agreed, on
the part ofthe Cherokee nation, that
the United Stales shall have the right
lo lay off, open, and have the free
use of, such road, or roads.” as shall
be needed to open a communication
through the Cherokee country north
of the boundary now fixed. The Uni
ted States Ireely to navigate all the
rivers and waters, “within the Cher
okee nation.”
Art. 3. “In order to preclude any
dispute hereafter, relative to the
boundary line now established, it is
hereby agreed, that the Cherokee na
tion shall appoint tico commissioners to
accompany the Commissioners, al
ready appointed on the part of (he
United States, to run the bounda
ry,” &c.
Art. 4. In order to avoid delay
hereafter, when the President of the
United 6tatee rhall t\ish to oyen a
meat, which the United States vc-
knowlodged os being always in ex
istence. and always competent to
transact anv national business.
TREATY OF THE CHICKASAW CorN-'
cil norsr; or foitrtefntii com
pact W ITH THE CHrmitl-FS.
This document was signed on the
Uttli of Septemho' 1R16. This'-fie
is imwortant, and I must cite ii at
length:
"To perpetuate peace and friend*,
shin between the United States -.net
the Cherokee tribe or nation of In
dians and to remove all future causes
of dissrntion which mnv a*'«e from : u-
defmite territorial bon<id-alies, ft e
President of tlv United St 'tos o r \-
mecion. bv Mr j. Gen Andreiv Ja !•-
son. General David Meriwether, md
Jces** Franklin. Esq. Commissionr"*
Plenluotentiarv on the one irrt. and
tlie Cherokee TVemtes on.ibe o«h«
er, covenant and agree t n the r <>'> uy*
i.ig articles and conditions. ' 'oclrj
(S« 4thj>agi x