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•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- . .. .•;