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aAGENTS FOH THE. CHEROKEE
riKENEX.
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■mi levokce Pho nix.
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INDAI5S.
From the National Intelligencer.
2?J*K8ENf CRISIS IN THE CONDITION OF
THE AMERICAN INDIANS.—NO. X.
NO XIII
'there is but a single treaty more
in this long chain of negociations
Jt was executed oil the 29th of Feb-
.ruaiy, 1819, by John C. Calhoun,
then Secretary of War, for the Uni
ted States, and by twelve Cherokee
Commissioners, ft may be call
ed,
JTHZ FOURTH TREATY, 01' WASHING
TON; OR THE SIXTEENTH AND LAST
RATIONAL COMPACT BETWEEN THE
(B't.TED 6TATES AND THE CHERO
K : es.
The preamble states,- that “the
f eater part of the Cherokee nation
ive expressed an earnest desire to
-Tcmain on this side of the Mississippi,’
and that they are desirous “to com
mence those measures which they
deem necessary to the civilization
®ud preservation of their nal ion
they therefore offer to,cede to the
Ited States a tract of country at
4eu*f as extensive as the United States
Will be entitled to, according to the
provisionof the preceding treaty.
Art. 1. The Cherokee nation cedes
to the United States all its lands, ly
ing North and East of the following
|i,ne: (By this boundary considerable
tract# of land were ceded, which tell
tinder the jurisdiction of Alabama,
Tennessee, and Georgia. There was
a reservation of about 100,000 acres,
lying without the new boundary, for
a school fund for the Cherokees.]
The cession this article to be in
full satisfaction for the lands on the
Arkansas, given by the United States.
•Smthc next preceding treaty
Art- 2. The United Stale) to pay
for improvements on the ceded terri
tory: and to allow a reservation o
6 40 acres to each head of a fam U
wuo wishes to remain, and become
citizen of the United States.
Art. 3. A reservation of 640 acres
to each of 31 persons, mentioned ..y
name, “all of whom are believed to
be persons of industry, and capable of
managing their property with discre
tion.’’
There were also eight other re
servations of 640 acres to each of
eight other persons designated.
Art. 4. The land reserved for a
school fund to be sold, in the same
manner as the public lands of the
United States, and the proceeds ves
ted by the President of the United
States, the annual income to be ap
plied “to diffuse the benefits of educa
tion among he Cherokee nation im this
side of the Mississippi."
Arf 5 Boundaries to be run as
prescribed in former treaties. In
truders from the white settlements t
be removed by the United States, and
proceeded against according to a law
of C igress which was enacted Marl)
30. 1802.
Art 6. Two tihrds of the annuities
to the Cherokees on the E:st, and oni-
•ihtrd to those on the West of the ,’Iis-
sissippi.
Art. 7. The citizens of the United
States not to enter upon the ceded
lands, before Jan. I. 1820.
Art. 8. This treaty to be binding
when ratified.
The treaty was. ratified by
President Monroe and the Se
nate.
The preamble of this last treaty
admits that the Cherokees, as a b dy,
wished to remain upon their ancient
territory, with a view to their national
preservation The treaty was there
fore avowedly made with the same
view. This is perfectly manifest
from the words of the document; and
l eel warranted, in saying, that the
Cherokee chiefs, (who consented to
the cession of the first article with
great reluctance.) were positively
and solemnly assureds that the Gov
ernment of the United States did not
intend to ask them to sell any more
lam I. This is implied indeed, in the
preamble, which, after recognizing
the desire of the Cherokees to re
main and become civilized, add, in
effect, and the cession now made was
so extensive, as not to require any
future cession.
To about forty individuals specific
reservations are made ny the third
article, on the alleged ground that
they were 'persons of industry, capa
ble of managing- theirp perty with dis
cretion."
A very small portion of the C1te.ro-
kee population resided upon the land
ceded; yet from fhis small portion,
(excluding, also, those who wished to
emigrate from the ceded district to
the Arkansas,) about forty heads of
families were selected, ten years ago.
as possessing the character above de
scribed. It is incontrovertible that
the Cherokee nation has been improv
ing to the present day.
The number of industrious persons
has been greatly increased, as could
easily be shown by an induction of
particulars, if my limits would allow
The words of the t reaty are not more
plain, therefore, nor its principles
more just, than Us spirit is humane &
benevolent.
The fourth article looks directly at
the perm ment restil. nee of the Cher*
okoes on the territory of fhrir fathers.
The lands r served for a school fund
have not yet. been sold; when the trea
ty *Vr>s signed, it was supposed they
would sell far a great sum of money
Similar lands, not far distant, hod
been sold by the United States at auc
tion a year or two before, at very
great prices. The principal tract
reserved, lies on the Tennessee, and,
ns was thought, would prod'Ko so
large a ,ca; ital, fhat the interes'
would afford the means of education
to all the children of tb- Cherokee*.
What is to be doiie with this bin
i he treaty says, the president ot t
oiled States shall vest it us a p<
.lanent fund; and that the annual »•
■line is to be Applied -to diffuse l.
■ enelits o! education among the Cbei
,e nation on this sine oj the J\hs iss t
p<." Here is i permanent fund Itn
specific object; and ttiat object iinpius
oe permanent existence ol t...
Jlierokee nation Eastward of the Mi
nssippi.
; But the provision of the fifth artich
s more remarkable still. It woulu
seom as if every contrivance was usi
which ingenuity could devise, for Hi
purpose of binding the faith and con
stancy of the United States to a just
and honorable course with the (Jim
okees. The integrity of thiir tn ri-
tory had been guaranteed ky treaty.
Rigorous laws had been erneted h i
the punishment of intruders These
laws had been executed. But the
time might come when these laws
should be repealed; and wlen Con
gress should, by a feeble system of
legislation, leave the Cherokees dc-
fei.eeless. In order to g aid against
lit k species of bad faith, a stipulation
ir here inserted, by which a certain
tar. ot the United States, so far as it
relates to t lit; intrusion of whites upon
fiidian I,aids, is made a part of the
treaty. This law-, therefore, as it
respects the C icroi.ees, cannot be re
pealed by Congress. It is to be con
sidered in just the same light, as if all
those parts of it , which relate to in
truders, had been literally copied into
the treaty. Let us then look at some
of its provisions.
By the law of March oO, 1802, it
js ena led, (section 2) that if any cit
izen of the U. States shall cross over,
or go within,' the boundary line, be
tween the United States and the In
dians, to hunt, or in any wise destroy
the game; or shall drive horses, or
cattle, to range on any lands allotted
or secured by treaty w ith the United
States, to any Indian tribes he shall
forfeit a sum, not exceeding $100, or
be imprisoned not exceeding six
months.’
By section 5th, it is enacted, ‘that
il any citizen shall make a settlement
on any lands belonging, or secured, or
granted, by treaty with the United
States, to any Indian trihe, or shall
survey, or attempt to survey, such
lands, or designate any of the bounda
ries by marking trees or otherwise, sue h
offender shall forfeit a sum not ex
ceeding $J,000, and suffer imprison
ment not exceeding twelve months
In the same section, the President is
armed with full power to take such
measures, and to employ such militn- t* 011 , or tri
ry iorcc, as he shall judge necessary bounds of
to remove from Indian lands any per
son who should '■'‘attempt to make set
tlement thereon."
There are other provisions in the
act, all tending to the protection of
the Indians, and to the preservation
of their territory inviolate. This
general law' is now in force, in regard
to aii the Indians, whose lands art: se
cured to them by treaty; and in re
gard to the Cherokees, let me say a-
gain, Congress cannot repeal it; for
it is incorporated into a solemn nation
al compact, which cannot be altered,
or annulled, without the consent of
both parties.
Witlii t a few months post, a trjtin
of surveyors, professing to act under
the authority of Georgia, have made
Un imiplion info the Cherokee nation,
to the great annoyance & alarm of the
peaceable inhabitants These agents
ol Georgia have not only attempted to
survey, but have actually surveyed
what they call an old Creek bounda
ry, which they have doubtless desig
nated by marking trees and otherwise.
Thus they have done the very thing
which is forbidden by the 5th section
above quoted, under a penalty of
$1,000 and twelve months' iinnrisou-
rnent. Even if the people of Georgia
were right, as to the Cre< k boundary,
they are not the proper persons to as
certain tbo fact, -BeVeral treaties
ctween the United States arid the
nerokees provide, that boundaries
.ail be ascertained by Commissiou-
s appointed by the United Stales,
•• otnpanied by Conimissidilers ap-
•iined by the Cherokee nation. Can
f.y good reason be assigned, then,
iy the President should not direct
< prosecution to be commenced a-
, uiist these offenders, who have tram-
ied on a law', which is of vital ini-
'Ortance to sustain the plighted faith
»: the nation?
it is said that the United States
an make no treaty with Indians liv-
t i ; within the limits of a State; tlmt
o, within the limits of what appears
oj the map, to or one of the United
Mates. I beg leave to make a dis
tinction between a State, and the
map of a State; not having yet seen
it proved, that the engraver of a map
has the power of disinheriting a whole
people, and delivering their property
into the hands of others What did
the men, who formed the Federal Con
stitution, think of the extent of the
treaty making power? This is, I
think a pertinent question, and ad
mits of a decisive answer. In the
first law of Congress, on the subject
of intercourse with the Indians, which
vas enacted under our present form
of government, the fourth section
reads as follows:
“Tint no s ile of lands nnde by any
Indians, or any nation or tribe of In
dians, within the United States shall
)e valid to any person, or persons, ot
to any State, whethei having the rigid
oi'preemption to such lands of not,
unless the sani'e shall lie made and
duly executed at some public t 'eaty,
held under tk/t authority of the United
States. —[Judge Story’s edition of
the United States La ws, p. 109. ]
This act was approved, July 22,
1790; only sixteen days before the
execution of the Creek treaty, in (he
City of New York, which was de
scribed in my fourth number. The
leading members of Congress bad
been the leading members of the con
vention, that formed the Federal Con
stitution. Their exposil on of that
instrument will not be controverted t ed thnt , verr ilhle to check the move-
by any considerate writer, or speak-, menls of Counl DieUitsc h. B< sided;
adherence to the letter and spirit of
the Federal Constitution.
Thus, Messrs. Editors, I havA
gone througa the long list of treaties
Which our country has made with,
the Cherokees, and which have re-;
ceived the highest sanction of tlufr
Legislative and Executive Branched
of our Government; and which, no
doubt, will receive the sanction of
the Judiciary, whenever regularly
brought before it. The Judges' of!
the Supreme Court of the United
States long since declared, incidental*-
ly, that the United Slates are bound
by treaties to the Indians. Mr. Jus
tice Johnson said, nineteen years agdy
(6 Crancli, p. 147,) “innumerable
treaties formed with them, [the In
dians J acknowledge them to be an in-,
dependent people; and the uiiiform prsef
tice of acknow ledging their right of
soil, and restraining all persons, front:
encroaching on their territory, makes it-
unnecessary to insist upon their rijriff
of soil. '’ Chief Justice Marshall-
said, hat the Indian title “is certain
ly to be respected by all courts, until
it be legitimately extinguished." Thi«.
is enough for the perfect defence* fef
the CherokeeSj till they ■voiuptttr.il/;
surrender their ebuntry; this being ihd
only way in which their title/:a:>be ?et /
gitimately extinguished, so long as f lrea#,
ties are the supreme law of tie land?
WILLIAM PENN. ,
n -m—mw,i ,. jk. m.;
‘
LATEST FROM ENGLAND,.
By the general complexion of “>e
latest accounts from the East, it v, o Jd
seem that expectations were er.’or-
Iflined that the Grind Seignor. hardly
pressed on all sides, and appan utly
unable to withstand the progress of
the victorious Russians towards hi#
capital, w ould yield to his necessities,"
and consent t.i a negociation tor peace;
probably upon such terms as hi? cnb^'
iny should dictate. The battle w.liicfi
was said, at the lute arrivalsj to have
taken place at Ivirk Ivihssa, is not
confirmed. But it w ould seem that
the Sultan had no forces concent rat
er; and their decision, in the section
just quoted, is as positive and per
emptory, as can well be imagined.—
The same provision was continued in
subsequent laws and is found, in the
law of March 30, 1802, in these
words:
•find be it further enacted, That no
purchase, grant, louse, or other con
veyance of lands. or of any lute or
claim thereto, from any Indian, or na-
ibe of Indians, within the
ihe United States shall be
of any validity, in law or equity, un
less tiic same be made iiy treaty or
convention, entered into pursuant to
Uie constitpiion. And it shall be a
misdemeanor, in any person, uotem-
ployeu under the authority of the U-
uited States, to negotiate such treaty
or convention, directly or indirectly,
to treat with any such Indian nation,
or tribe of Indians, for the title or
purchase of any lands by them held
or claimed, punishable by line, not ex
both in Europe and Asia, it is slated
that ho was in a fair.way to reap the
fruits of his own folly., in attempting,
a few years since, to destroy life corps
of Jannissaries in Constantinople, agd
to disband and at retit them in the oth
er parts of his dominions. Strong
symptoms of insurrection have appear
ed among this still numerous and for
midable band, in various plat es, pre
pared. as the opportunity might offer,
to glut their vengeance upon the hea<|
of their master.
We have not room to enlarge upod
the state of things. We think, how*-
ever, that those persops who havd
trumpeted the tame of the Sultan, as
the greatest sovereign of modern times,
must by this t me be ready to change
their opinions on that point, or they
must have queer notions of great*
ness.—JV. Y. nidi'.
i From the London Courier.
The Allgeineine Zeitung, of tlitf
ceeding one thousand dollars, and iin- I ®9th ult. lias brought us intelligence
pnsonment, not exceeding twelve J Constantinople, of the 8th of Au-*
moulds.” j gast, (the date of our last despatches )
Then follows a proviso, tlyat an a-) which confirms all that we annoiin- ed
gent Irom a State may be present, and ‘respecting the consternation of the
propose terms, wheu commissioners j people, and the change ol mind in the * 1
of the United Slates are treating with . Sultan. It appear# that besides thd
the Indians.
In accordance with the express
prov isions of these national la* s, ii
iias been the universal practice to
obtain cessions of Imliup lands through
the medium of treaties, made under
(he authority of the United States.—
No fewer than nine of these treaties
have been duly formed and ratified, in
regard to small reservations ol Indian
territory, in the single State of New-
York. That great and powerful
State has never yet complained that
its rights, “as a sovereign and inde
pendent .State,” are in any way en
dangered or abridged* bjr a faithful
arrival of General Diebitsch s r.dvnnu
cd guard at Kirk Kilissa, a Kussiad
corps had landed at Iniada, 80 inilei
from the capital, and that the terrof
created in all cases wuts so great, that
the Sultan's life would have he.cn i$
danger, if lie had not declared himrelf
ready “to do every thing which could
contribute to the restoration of penc e,
and the satisfaction of the people.'”—*
As a preliminary step he Had accept
ed the Treaty of July, 1827, and his a,
it is added, tlie Protocol of the 22<L
of March last, by which the
the Murea to the Continent
•mut
Iron
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