Newspaper Page Text
•V
CHEROKEE "PHOENIX AND INDIANS' ADVOCATE.
■Oil • '
Warn approved by the Cherokee ua*
tiou, and constitutionally ratified by
the • inv.iinmenl of the United States,
sli.nl be binding on all parties.”
It is always presumed, that the
President of the United States will
give a fair and natural construction to
all public engagements made by the
proper authority. There are special
reasons, why the present in uinherit
of that high office should respect the
do nmerit I am now considering, &. a
similar one, wnich was executed the
following year.
The reasons for the treaty, assign
ed in the title above quoted, arc good
and sufficient reasons; and such as
commend themselves to every man s
heart and conscience. “To perpetn
die peace and friendship’ between
neighboring communities is a benevo
lent work, the importance of which
mu h depends on the durability of the
relation to which such phraseology is
op lied; and to remove all future
Causes o 1 dissent ion whi h may arise
from indefinite territorial boundaries,
is a work s arcelv less benevolent
than the other. Tnis is the very
la i uage, which would be used on a
ei.it lar subject, by Russia anil Prtisia,
or a ly two contiguous nations in Eu-
ropi
Further, il appears by tho very ti
tle s well as by the subsequent pro-
coe lings, that this treaty, though
made in the immediate neighborhood
of the Cherokee country;and signed
by fifteen chiefs, was not considered
ns binding, till it should be “aproved
by the Cherokee nation- When
this should have been done, and the
treaty should have been ratified by the
Government of the United States, it
would be ••binding on alt parlies ”
It is humiliating to lit: obliged to
prove, that parties to a treaty are
bound by it. To pretend to the con
trary is an utter perve sion of reason
an 1 common sense There arc per
sons. however, to whom express cov
enants seem stronger than unavoida
ble implications. Such persons are
requested to observe, that Major
General Andrew Jackson and h:s col-
lon h*s did expressly in so nrwiv
wor is. '•covenantand agree, that the
t re y should -be Uniting on all par-
jjVk Why is it not binding then?
AV'i re is tlie promis d perpetual
peace, if the weaker party is to be
outlawed? Where is the benefit of
deji iilc territorial boundaries il tlicsi
bo ularies arc not respected?
Pin* following is a brief abstract oi
the treaty;
Art. I. ‘peace and friendship es
tablished.’
Art 2. The western boundary de
scribed. li curtailed the Cherokee
country 01 the southwest, and gave to
the United States a tract of land, now
in the Stale of Alabama.
Akt. 3. The Cherokees relinquish
and » ode. the land just mentioned; and
in consideration thereof, the l. nited
Staves agree to pay £,5.000 bO
days an i 76 000 a year, fur ton suc
cessive years.
Aut. 4. The line to be plainly mark
ed
Art. 5. The Cherokee nation to
m.. t the commissioners of tin* United
Stall s a: Turi.oy-tuwn. on the 2blh of
thi< s me 'month, “thne and then to
r.rp'-e l >.eir approbation, or not, of the
ancles of this treaty,” but, if the
nation did not assemble, it would be
considered "as a tacit ratification.”
0, this treaty I would observe,
th.ii there are several things in it
wo. iby of Special commendation; viz:
th
li, j, the u u C.mmon care manifest in
article fourth, (which a regard to
brevity prevented my citing at large,;
to have (lie iiue of territory made 1
pi n; and lie repeated and explicit
a lo'vledgement, that the Chcrokces
xv • c to ex le ss their approbation of
the ,realy. before it would be binding.
( 0111 se. l y were tc be dealt with
as intelligent and moral beings,having
rizhis of their own, and capable of
ju |gi ig in regard to the preservation
of those l ights.
It must he presumed, that the
Commissioners of the United States
were at Turkey-town, on ihe 28 h of
September, the day appointed for the
ratification;but whether the Chero-
lrees were dilatory in assembling, or
whether strong arguments were ne
cessary to obtain their consent, does
not appear.—Six days afterwards the
transaction was closed, as is proved
by the folio ving certificate:
“Ratified nt Tit -key-town, by the
whol* Cherokee nation in Council
assembled. In testimony whereof,
tlie subscribing Commissioners of the
United Slates, and the undersigned
Chiefs and Warriors ot the Cherokee
nation, have hereto set their hands
and seal, this fourth clay of October,
in the year of our Eoiti one thousand
eight hundred and sixteen.”
Signed, ANDREW JACKSON,
o. mer 111 Wether,
and nine Cherokee Chiefs, in the pre
sence of the venerable Col. Meigs,
two Interpreters, and Major Gadsden,
of the United States army, who sub
scribed as witnesses.
The treaty was ratified by presi
dent Madison, and the Senate.
1 close this number by requesting
all our public men to meditate upon
the following words ot a very saga
cious King:—Remove ml the old land
mark; and enter not into the Jictus (J the
fatherless: that is, of the weak and ue-
fenteless;/or their Redeemer is mighty:
Ik shall plead their cause with thee.
WILLIAM PENN.
desirous of matting the proposed e\-
ciunge of country:
“Now, know ye,” concludes the
preuinulo, “that the contracting par
ties, to carry into full effect the bc-
tore recited promises with goou faith,
and to promote a continuation 01
friends nip,’ &o. &o. “have agreed
and concluded on the following arti
cles:”
Art. 1. The Chiefs, Head Men,
and Warriors of the Cherokee Natitita,
cede to me United States all tile
lands lying Norm and Cast of the tol-
lowing boundaries: i_'l'lie line here
described leit out a considerable tract
of land, vvlucli tell into Georgia.]
Art. 2. The CheroKecs aiso cede
certain lands which tell into Hie cen
tral parts ot Tennessee.
An. 3. A census to be taken with
a view to ascertain the number 01 < in-
igrants; that is, the number 01 Clier-
oivci'S who wish to remove across the
Mississippi.
Art. 4. The annuities to he divid
ed between the remaining and the
NO. XII.
The next treaty is unique in its char
acter; but nil its provisions arc in ac
cordance with the principles of pre
ceding compacts. It fore inly illus
trates the change in the condition and
prospects of the Gherokees, which
had then commenced and has been
constantly increasing.
TREATY OF TIIF. CHEROKEE AGENCY
OR FIFT . ENTII COMPACT WITH THE
CI1EROEEE8.
TITLE.
“Articles of a Treaty concluded at.
the Uhurokee Agemy within the Che
rokee Nation, between Major Gen.
Andrew Jackson, Joseph .vieMinn,
Governor of the State of Tenness e,
and General David Meriwether, Com
missioners Plenipotentiary ol the U-
nited Slates of Aineri a of the one.
part, and the Chiefs, Head Men, and
Warriors of ihe Cherokee Nation
East of the .Mississippi river, and the
Chiefs. Head Men. and Warriors of
the Cheiokees on the Arkansas river,
and their deputies, John D.Chishoim
and James llodg- rs duly authorized
by the Chiefs of the Chcrokces on
the Arkansas river, in open Council
by written power of attorney, duly
signed and executed in presence of
Joseph Sevier and William Ware.
Here surely are parties, commis
sioners, and agents enough to make a
treaty; but the preamble occupying
an octavo page and n hall, is siill more
remarkable. It declares, that in me
year 1808, a deputation from t o i. p-
per fend Lower Cherokee towns went
to Washington; that the deputies
from the Upper Towns signified to tin*
President “their anxious des.it? to
engage in the pursuit of ngricultuie
and civilized life, in the country they
then occupiedthat the Nation at
large did pot partake of this desire;
that the upper Towns wished, there
fore, for a division of the country. ; d
the assignment to them of thi lauds
on the Uiwvssee; that, “by thus con
tracting their society within 1 ai ow
limits, they proposed to bej.i the es
tablishment < J fixed hues and a regular
government’, that the Deputies jiom
the lower towns wished to pursue the
hunter life, and with this view to re
move across the Mississippi; that the
President of the United Slaics. ••at
ler maturely considering the petitions
01 both parties, ’ wrote to iliem on
the 9th of January, 1809, as follows:
“The United States, my children, are
the friends of both parties; and, as
... ., . far as cau.be reasonably asked, they
solicit »de to avoid Intiire difficul- 1 are willing to satisfy the wishes 01
both. Those who remain may be as
sured of our patronage, ciir aid, and
good neighborhood. Those who wish
to remove, are permitted t < send an
exploring party to reconnoitre, &c.”
That in the same letter, the Presi
dent added—“When the party s.tail
have found a tract of country suiting
the emigrants-, and not claimed by other
Indians, we will arrange with them
and you the exchange of that for a just
portion of the country they leave, and
to a part of which, proportioned to
their numbers they have a right;" end
that, in conclusion, he told the emi
grating Cherokees, that the United
Stales would “still consider them as
our children,” and '•‘■always hold them
firmly by the hand ”
The preamble states further, that
•the Cherokees relying on the ; rom-
ises of the President of the United
States, as above recited.” explored
the comtry West of the Mississippi,
ikade choice of land to vhich in otii
er Indians had a just claim, and were
emigrating Cherokees. 111 proportion
to tin iv mi lime, s re.spt* live iy.
Art. 5. in consideration of the
lutills ceded in the. tost and second
articles of lias frenly the United
States engage to give an equal quan
tity of land, acre for acre, between
the Arkansas and White rivers, with
in vert,tin boundaries mentioned.
Tins art Lie closes with the follow
ing words: “And it is further stipu-
ia.cd, that the Treaties heretofore
between Ibe Cherokee Natioi and the
united Slates u<e to c nlinue in full
force w ith both parts of lue Nat inn
and both parts thereof, are entitled
to ail Hie iininiiii ti 'x and privileges
which the Old Nation enjoyed, miner
the aforesaid Treaties, the U i' d
States reserving the ri^lil of establish
ing factories, a military post, and
roads, within the boundaries aoovc
defined.”
An. G. The United States to make
lull compensation for the improve
ments on land within the Cherokee
Nation, which shall h ve lie,longed to
the emigrating Cherokees nd to fur
nish fl ((bottomed boats and provisions
for their removal.
Art. 1. Improvements on land ced
ed to the United Suites to lie paid for
by the United Suites. Tuere is a
provision also, in this arti It?, that t e
profit of the improvements mentioned
in article Gth. shall be applied to the
benefit of poor and decrepit! Chero
kees .
Art. 8 To cveiy head of an In
dian family residing mi (lie lands veil
ed by tile Cherokees in this treaty
shall” be allowed a section ol laid,
that is 640 acres, provided he wishes
10 remain on Ins land thus ceded, and
10 become 0 citizen 01 the United
Slates, lie shall hold a life estate
with a right of dower to his widow,
and shall h ave the land in lee simple
to ids i.hildn n.
An. 9. IKth parties to enjoy a free
navigation oi 1 iveis.
Art. 10. 'Hie Cherokee nation
cedes to ihe United bialts certain
sin,til reservations, without the pics-
ont Omits ol the nation.
Art. It. The boundary lints to be
marked.
Art. 12. No whiles to enter upon
ihe lands ceded, till the. treaty • shall
b 1 am.i d by the Pi esidenl and bui-
ate ol the Uniteu Slates, and duly
promulgated.’
Art. 13. The Mealy to he in force
as soon as thus ratitied.
The treaty was signed on the bth
ol July, IbH, by Andrew Jackson,
and the other Commissioners, and by
thirty-one Chiets and Warriors lor
Hie Cherokee's, who expected to re
main luist ot the Mississippi, and tit -
teen Chi, Is and Warriors lor the em
igrating Cherokees, in the presence
oi nine w ilnesses. It was ratified by
President Monroe and the Sen
ate.
It would seem as though the pub
lic affairs oi the Cherokees had been
so ordered by Providence, as to pre
sent the very strongest conceivable
exhibition oi the obligation ol treaties.
It lias usually been thought, that il a
single plain stipulation were made be
tween two Nations, and duly ratified,
this would bind the parti* s. I urn
now examining Ihe fifteenth Treat)
with the Cherokees, every one ol
which is perfectly consistent with ev
ery other; and they all unite in lead
ing to the same conclusion. As il lliis
were not sufficient, the peison d char
acter and polit ical consul cm y ot oui
most promi cut si at* siucn not only
. lend their aid to coutirm these nation
al compacts; but are actually pcisou-
1 lied, as it were, uiul embodied in lilt*
Treaties, il may be doubled wheth
er there is a similar instance in the
a.mils of mankind.
Gen. Washington, soon after the
organization of our National Govern
ment, laid the basis of our Indian re-
latioAS in perfect consistency with
the piinciplus and pratin'* ol
the early settlers and colonial ru
lers. Mr. Jeffeison was a number
of his cabjuct, and doubtless intimate
ly conversant with these fundamental
measures. The live first Presidents
of the United States made tieaties
with the Cherokees, all resting outlie
j same acknowledged principles. Mr.
' Jefferson, the third President, having
I pursued the polity ol Gen. Washing
ton on this subject, with more unde-
vial ing zeal than on any other subject
win lever—being about to retire fiom
the Chief Magistracy—and standing
tnid-way between the era of 1789
; and 'lie present year, wrote a father
ly letter to the Cherokees, giving
them his last political advice. This
I letter is preserved by them in their
1 archii ves. A negotiation is held with
1 them on their own soil, or as the ti-
jtie has it, “within the Cherokee Nn-
| lien.” under the direction ol the fifth
President of the United Stales. The
I 1!'*r of Jefferson is produced and in
corporated into treaty. It is there
fore adopted by iIip people ofour land
and approved as among the national
muniments erected lor the defence
of our weak neighbors. What adds
to the singularity of the transaction is
that this letter, reaching hack wind
and forward through five administra
tions is adopted in the fifth by a ne-
irotiator. who is now ihe seventh Pres
ident of the United States; thus bring
ing all the weight of personal charac
ter and politi'al eonsisten y to so;'-
port ns plain stipulations as can b<
found in the English language, or any
other. May it not hp said, then, that
the ease of the Cherokees hrs been
prepared by ProvWeiice. that we
in v show to ourselves and to ihe
world, whether engagements can bind
us; or whether the imagined present
interest of a small portion of the A-
merici n poonle will transform itself
into n Samson, and "break national
treaties hy dozens, and by scores
''as thread of Icad is broken when it
tovchetli. a fire. '
If 'his cos" should unhappily he
decided against ihe Cherokees, (w hich
in: y Heaven avert!) it will be nci.es-
6!tiy diet foreign nations should he
well a ' ore- that the People of the
United States are ready to take
the ground of fulfilling their contracts
so long nnlv as they van 1 c overawed
hy physical force; that we, as a na
tion are ready to avow , that we can
he rest it.in* d from injustice bvfeara-
hne• not the fear of God, which is a
most ennobling and purifying princi
ple; not the fear of sacrificing national
chara t* r, in the estimation of good
and wise men in every comtry. and
through all future time: not the fear
of present shame and public scorn;
but simply and only, the fear of bay
onet and cannon.
But what docs the letter of Mr
Jetic.son, thus adopted and sanction
ed, and made th< mouth-piece of the
uauon; what does tins letter, written
after much deliberation and much
experieiK e, and on the eve of quilting
public life, say to the Cherokees?—
it says, that the United States will
ui w a j* regard both branches of the
uiiLiokec nation as their children. (A
gout tailicr, 1 suppose, docs not vell
las 10 Ins children nor break his
pi onuses that have been often re
pealed uui ing the lapse of forty years.)
it says, that the C’heroke* s ol ihe
Arkansas must not enter upon Janus
which it cannot fail to make upon ait
cry lair aud honorable mind.
The preamble says, that the Cher-*
okees relied upon the promises of the
United States, and took their mea
sures accordingly. Why should they
not roly upon his promises? No Presi
dent of the United States had broken
faith with the Indians. But if these
very promises and a thousand others,
should now lie broken, there w ill he
an end of reliance on our promises; and
out of tenderness to my country, and
that we might not be unnecessarily
reminded of the infamy t bus laid up in
store for future generations, 1 could
heartily wish, that none of our public
functionaries may ever hereafter make
a promise to an Indian.
WILLIAM PENN.
:o :o :o:o :o :o :n:
Description o f the Tower of London
It is as mist ellaneous ns a pedlar’s
box: A Norman tower, with artillery
stores on the ground floor and re*
cords in ihe upper stories; stores lot*
soldiers below, and lawyers above;
bastions of s’one without cannon and
bastions of brb k with cannon; tnk.lff
for coining money and prisons lor
coining groans; a large modem town-
hall-looking building not filled with
feast ing corporalioi ors.. bul muskets,
swords, and pistols; all the Kings of
Englurd. in a row, clothed in tin ar
mor which they actually wore; of
which says Dr. Meytrirk) noi one
piece is older than the time of
Henry VII.n managerieof wildbe. sis,
and a cupboard for the crown jew
els; dashing modern houses with line
sash windows and antiquated towers;
: plntfomi battery of cannon, w ith no
- ommand of s ace before it; in short,
n most extraordinary jumble, being an
; 1 serial, a mint, n stale prison, a re
cord office, a jewel office, a men*
agerie, and old castle, a modern for
tress. a wharf a warehouse, and a
town, all stuffed, like the goods in a
wagon into a small artificial island.
London Paper.
tztaa.ir-ar'.TXB.-imit-'a.iw.’zzjaari ■ 11 ■
© i,t>r lrviy rtiC. SSlfcT.
cS.\a^S DO-ODoiiy I< JlvTOJ” kesa dxe-
o-ipt. n^y.i ijyivcrAG -v* vxitr:, y-
OAWO-AJZ 7Cr<XA-QA y«?P l.yo-A^T
no TncjawT, Tbc* vxitrt, t«j;>
<• <ra ii<aai*(rRT. G*y,v*v* cyi-vroF se
y.iitrT, ciiAKOCT'A ot l Ii CA S, I.oi.A lr-
tiAlvMroiVX'li TS^a** no S(T*F.T U. 0*-
f, 4>h«SAj'o?a Lot.wr o-.v ;»pi;t A("«y-
SVV.Iw.l, O-A -?80<1AE TAP ©SS.1 ASW-
wET mva-oiA s.pro Do-t/Mr^yi. «yi-
era sv. as.tcr*v* D4A <;,yecrviCF
Iv#J°RA.
Fr o* S Z fl ^
O’d'f.EA,
x>Ri"y,
A A ^ r,\ y | ,
0*71 (P,
ssuir,
h>«r , o,
DB KetASSWLy
J O oi T © ,
Gle yp, c£t(TAA.
It It Jr.
DU TKA 22 SltZA IS29.
ciuiineu by otner Indians, thus admit
ting mat the wildest Savages have a
itutm to l.iuis. It says, that all the
individuals ol the Cherokee nation
liuie a right to their country; and, time*
lore, it u purl oi the nation surreu-
nets to the United Slates its right to
tamis East of the Mississippi, i must
rei eive from I lie United Sta .es a
right to lands West of that liver.—
It says, that those Cherokees, who
w ish to remove, may emigrate with
ilie good w ishes aud assistance of the
tinted Slates, and those, who ic-
main, may be assured, (yes. asswea is
lue word of Mr. JcflWson, adopted
by Gen. Jackson,) “mai/ be assured of
our patronage, our aid and good neigh
borhood." It would be diffii ult to
make any < omments upon this passage
which would add to the impression
© 1-rV *c?t.(T’E# T o>t?(\RA TbA SSJ*
tta p^y 1 :, *»8iiPPT-y-v« TFppcrAfr-v*
P-R St Ty.O l«:yzd7l„ I)rf O-A A sen AC
TAP ©ssr> 7CW(SiF. b«:yZd-T. O 3 OW0*A*V*
•ArfMiPfl-y. ADZ tS'AF.SCTA Aw'T.PoiT Mi
ll A I o®A IpAetd'd'Jl'iiVri T8ACr*Y'liA I-R
n© 7»!T><»ET l oi A O'' -V* Al,c»r^li!*(»A E-
i»a o-a-v* wv. Ai)«y ;wyi<»A Csb^ynt
Geiy ;c*»mplp. TSPT I'«y Doiti-.
>%cr vyaiif tstps.-o ry,t si. i£evy aa-
shyiihA *i. r«r ir. cv
7FE ©Or*\JA ' yflbO-l.FT, DIi*V w <*y.'i <*«-
^R O’PhyAGT </.<»l-ARAo*, I)h TSTFK'^
Ty,o si. tsft o*P' y ;cr-v* Tono-t.«*A t-*
it pern ni, tsipin Dtr ' r co-^»iA th-. iost
AipfiAo^A i.pro -y.i si o«r he.'ernr t-
ItmJSA TGGliEl V-V* T(itr-f»T
G<»yz O-ASPotAAolPoiA Dw'.I.^Gr 1>«F-*
oiAoSP#i»A, nh hsro-T itzyu ppy>.rB
#1. yA-T ©ZrT* AS'-IAr<eiO-A IiPR« 6-V
n4^y/i ai"i)saw’i*v» » Gocy-v*
SI ©cxhps-rz Ii«A«r TSPT.
J©<**©.
ob yiv
1©AA, .
hsr* taxi MKJisvf.
T,UTTERS
R emaining in tha Post otfiee at
New Ecliota, Oct. 1, 1839.
Walter S. Adair, Esqr: Andrew Agney^
Joseph Crutchdeh’; John Davis; Rev.
Francis Eder, 2; Lydia Graysoh; LhjaU
Hicks, Esqr. George Lauian; Rtchard
Hush, 5.
S. A. W'OKCESTER, P. M.
Oct, 31,1U23- . .. .•;