Newspaper Page Text
owy
CHDROKEE PSMEJYIX
& IXBIAXS’ ABVOCATE*
s. BODDIWOT, EDITOR,
5XTESOT EOKOTA, SiWUSDA? OCTOBER 7, IS31.
VOZ.. IV. NO. 16.
PRINTED WEEKI.T BY
JOHJT CANDY,
». an 50 if paid in advance, *3 in six
Months, or «8 50 if paid at the end of the
^uVsubscribcrs who can read only the
Cherokee language the price will be *2 00
hi advance, or #3,50 to be paid within the
^*Kvery subscription will he considered as
continued unless subscribers give notice to
ce contrary before the commencement of a
new rear, and all arrearages paid.
Any person procuring six subscribers
>nd becoming responsible for the payment,
shall receive a seventh gratis.
^-7*411 letters addressed to the Editor,
Postpaid, will receive due attention.
q xv y
v» A6X*a TA^t* tt*V JhifBAa I***-*-
nv^iE jvuj.sby kt./i d^p o-'ojnj
tern TF.iDfr’f l»OJA*I*'<*U
TCTZ V*VP TdB0-/V TT! pe.IAAM.Ii KT
]),{ (VOJBJt MAJ Dt.I>WiEZ TP y"
VMAXb&J, o-ya »-Pi J o»e.ina
nwyz o><vn anc5yia*y, wfw* ds-3
t»«Jfn<P*, TffZTEAW »»-
c****,*.* inviz D^F c*yv
R.iK
States; that their rights to the lands a stale, it shall be admitted as such
i * £M A:hS.
SPEECH
of the ll>n. Jabez Huntington Rrprc-
sehtali e from Connecticut, delivered
in the House of Representatives sit
ting as in committee of the ichole, on
the bill for the removal of the Indians.
Tuesdry. May 18, 1830.
(Concluded.)
On the 11 th of August, 1790, gen
eral Washington sent a message lo
(lie Senate, in which lie aslvs the ad
vice of the Senate, whether “over
tures shall be made to the Cbero-
hces to arrange a new boundary, so
ns to embrace the settlements made
by the white people since tiie treaty
of Hopewell;” end whether the Uni
ted States should “stipulate solemn
ly to giiurnfliy the new boundary,
which may be arranged?” The Sen
ate gave their .advice by answering
h dh these quest ions in (he affirmative.
It is to be observed also, that in this
message general Washington explicit
ly states, that lie shall consider him
self bound to exert the powers in
trusted to him by the constitution, in
order to cany into faithful execution
the treaty of Hopewell.
Let.me now turn lbs attention of
the committee to the opinions enter
tained by the distinguished men who
negotiator! the treaty of Ghent, speak
ing in the nnr-.T of the government,
and whose attention was particularly
railed to the subject by the British
negotiators; and let it be remember
ed, that some of them, at least, were
advocates of the rights of the slates,
end of what has been called, in mod
ern Ernes, a strict construction o> the
powers of the general government.—
These opinions unequivocally sup
port the Indian tribes in their right
to be governed by their own laws and
usages. In their note to the British
Commissioners, dated September 9th,
1814, they use the following lan
guage: “A celebrated writer on the
laws of nations, to whose authority
British jurists have taken particular
attention in appealing, after stating
in the most explicit manner the le
gitimacy of colonial settlements IT. A“
nerica. t« ^elusion of nH unciv
ilized Indians, has taken occasion^ to
J iratse the first, settlers of New Kng-
and, and the founder of Pennsylvania,
in having purchased of the Indians
the lands they resolved to cultivate,
notwithstanding their being fur
bished with a charter from their
sovereign. It is this example which
(the United States, since they
bceamp, by their independence,
the sovereigns of the territory, have
(adopted and orgWfzed into a politic
al system. Under that system, the
Indians residing within tho United
States are so far independent, that
fltey live under their own customs,
»nd pot under the laws of tbe‘ United
where they inherit or hunt, are se
cured to them by boundaries defined
in amicable treaties between the U-
nited Slates and themselves; and
that whenever these boundaries arc
varied, it is also by amicable and
voluntary treaties. They are so far
dependent as not to have the right to
dispose of their lands to any private
persons, nor to any power other than
tho United Stales, and to be under
their protection alone, and not that of
any other power. Whether called
subjects, or by whatever name de
signated, such is the relation oetiveen
them and the United States. These
principles have been uniformly recog
nized by themselves, ' in all the trea-
trealties between them and the Uni
ted States.”
I now invito the attention of the
committee to the Cherokee treaty of
July 8lh, 1817, which was negotiat
ed by the present chief magistrate of
this nation, as one of the commission
ers. And it is worthy of particular
notice, that it was under the faith of
this treaty, and one of the objects for
which it was made, to ctiaulc the
into the Union, on the conditions and
with the restrictions contained in the
foregoing ordinance, except the arti
cle which forbids slavery.
In 1817, Congress authorized the
inhabitants of the western part of
the territory of Mississippi to form a
slate government, preparatory to her
admission into the Union, with a pro
viso, that the constitution and govern
ment by them formed should not be
repugnant to the before mentioned or
dinance, and tlic provisions of the
deed .of cession by Georgia.
In the same year, Mississippi, hav
ing formed a constitution and state
ed as distinct sovereignties, might
have imposed on the United States
certain obligations; from which ob
ligations they could not disengage
themselves by any new' compacts
chiefs should be salislied of the en
tire good faith and liberality of the
Ur.ncM»States.”
Similar opinions were expressed
by all the persons holding the office of
entered into with the people of' Mis- President. 1 will detain the com*
sissippi, on their admission into the miltee by referring lo those of Air.
Union.” I Jefferson only.
Mr. White, at present a senator “The government is determined to
from Tennessee, and chairman of the exeil nil its energy for the patronage
committee on Indian affairs, in aloud protect .on ol the rights of the
Indians. Until they cede their lands
bv treaty, or other transaction equiv
alent to a treaty, no act of a state
can gi\o n right to such lands.”
The validity of these treaties Ins
been iuiiy recognised by the lreisla*
Chorokecs to establish a covernment
of their own, and adopt laws more in make
unison with republican principles than authorizing them to lorm a £
their former usages, and which lnw<- mmit, and admitting them n
and government the state of Georgia
claims a right to abolish.
The preamble recites, that the up
per Cherokee towns are desirous •>!'.
contracting (heir society within nnr
row limits, that they may begin the
establishment of fixed laws and a
regular government; and for this
purpose request a divisional line to
bo established between them and <bo
lower towns: and, to carry into effect
(bo before recited promises with
good faith, the Chcrokces make r.
cession of part of (heir lands to the
United States. Ft is very obvious,
that the only object of (bis treaty,
and the cession made under it, was to
enable tho Chcrokces who remained
east of tho .Mississippi to institute a
government and enact laws suited to
their then condition. This object
was well understood by the commis
sioners who negotiated, and by the
President and Senate who ratified this
treaty. As an inducement to effect
this object, to them so desirable,
they made large grants of lhci r Terri-
written opinion given in 1824, says,
“these people (the Chcrokces) arc
now to be viewed as a nation posses-
sessing all the powers of other inde
pendent nation, which arc not ex-
pressly, or by necessary implication
government, declared by Congress to ! surrendered up by this treaty. (<hc tiro department of (lie government,
lie in conformity to tho principles of
the foregoing ordinance, was admit
ted into the Union.
In 1819, Alabama was admitted
on (tie same principles.
Inoin these facts, two very ohvi-
sus liileicnces arc to be drawn. I lie
one is, that, in 1802, Georgia consid
ered the ordinance of Uib7, which
secured the property, lh« rights, and j clare the Indian tribes. ill) w liidi ‘ im i ov. rm i ts whim arc to bo pui-
the liberty of the Indians, as not only i they are made, so Tar independent as , elided aul ; iff !or: cn-> appropiir.K s
just and proper, but as one which the j to possess the light oi governing ; money fat these objects
Continental Congress might lawfully themselves, by lhcir own municipal
The other is, that the acts ' regulations, as not to he subject lo
govern-j the legislation of the states, audio
ito the have the sole right of occupancy for-
iver to (lie lands described in the
treaty of Holston.) 1 have believed, I It lias passed, from time to time,
and still do, that under the treaties j laws regulating tii« intercoms!} with
the Chcrokces must be considered a ’ them; laws making appropriations <f
nation possessing like powers with! large sums of money to carry there
other nations, except so far as they treaties into effect; and the. Iff!! now
have surrendered them to the United | under consideration proceeds upon the
States.” i admitted principle, (bat the- InHintf
Are these treaties thus explained. | tribes hare, by tieatics, rights :o
binding'.* If they recognise and d<*- lands which are to he extinguished,
dare the Indian tribes. with which im tov. mi
The judicial department, in the
eases before, icf'eimi to, lias mace a
lull recognition of the validity of
treaties It speaks of them,
tom-
t lit*SC
and which, like all Other sirrsilai »
Union, from enacting lows which
shall infringe upon the rights of the , boundaries specified, are the treaties , pacts with independent powers, aro
, th
was a road opened by the United | K1SC( ] nn{ | asserted rights
States, according ton treaty slipula- j sovereignty; that they were not law-
lion with the United .Stales.” i fuiU entered into; and. therefore,
the
the j
to ho .Yii litnii, i hserved
I have, for another purpose, ad
verted lo the opinions advanced by
distinguished senators and representa
tives in Congress, fmm the slums
within whose chartered limits the In
dians reside, nti suslainieg the- doc
trine that these treaties arc the su
preme law of the fund, 1 soLYi; the
committee lo examine them, iu con-
tho topic of a-gumoi.t
| which I am now discussion.
Indians. ! the supreme law of the laud? 11 td
In tlic Senate of the United States, j the government of the United Stall s
in 18.17, in the discussion of a I>i• 1 the power to enier and to rati'y.
making an appropriation for the rc- them? j
pair of a post-road in the state of j j ( xvou |j soo ,„ f 0 ho somewhat
Mississippi, in answer to an objection, j novel, ,| 1;U a necessity is supposed to j
that the state ought to const root and j cxist JiroV c that the, treaties made j
rcpaii its own roods, Mr. King of Al the Indian tribes are valid; but
abania said, “ J he road runs through ; j| 1Ig mjc^gsjjy is imposed, from (he!
'he Indian count ty, m er which th^jrepealed declarations, made hypo-,
slate of Mississippi had no control.” j (helically indeed, upon the snpposi-1 ncxion ui,1)
fur. Johnson ot Kentucky said, this ( j on (| ia , d, e y conflict with the sup-1
‘ d by the United | nncn ,i nn ,i ntc „p.„i 0 f state j As these treaties w ere made under
the authority of the United States,
they are, of course, valid. The eom-
mntee will notice the masked >ffs-
linclion, which is made in the ton-
part of that slate, and it was imp 08 ', I proofs that they arc compacts, which, stitulion, between tieatics and urns,
sible for the stale government °l , jj’ no t fulfilled by us, will subject us
Mississippi to have any aulhoi ily , j 0 imputation of violating our national
over those lands, tdl tlic title to them j f.,§|_|,- that they' were, what they pro-
uos extinguished.” j fess to he, mode with full authority,
Mr. Eaton nl I ermcsscc, the pres j . (iu j nrc nou . || 10 supreme law.
cut secretary of war, said a treaty | . . , •
, , . * . . * , ! rhese treaties have received the
had been entered into between the i .
sanction ol
nun tut tv enured into; amt. iiierein
Mr. Kllis of Mississippi said, “the ! Ihn| ( i, oy nr0 V oid Let me ask
road did not pass through one seventh | aUenl - (0n of )lie c;M»,nii»U*o to
Treaties made, or which shn-l ! o
made, under .he authority of tin: U-
nited States, and laws which shaljj
mode in pursuance ot' the const it uf
shall he (lie supremo law of litc 1^
| To make a treaty binding, it is ro-
tory. They piocccded to establish | the United States and the Choctaw
lhcir government and laws, to “cn- | Indians. 'I'lu question of state rights j*”
gage in the pDrsiifits of agrie’ulturc had not (ben arisen, and (he govern- 1 sl( < IC<
and civilized life,” upon the fffth of
this tieaty; and, eleven years after
wards, they arc informed by the Prcs-
iden. who negotiated the treaty, and
speaking in behalf of the government
which ratified it, that they cannot lip
protected in the enjoyment of that
government and those laws, but that had existed,” Mr. Eaton said, “they
the state of Georgia may lawfully
abrogate both. Wa9 tiffs the view
taken of their rights by tho commis
sioners, and by the President and
Senate, in 1SI7? Was it not con
ceded by them nil, that (he Clicro-
keos had the right to institute a form
of government and make laws for
themselves, and that they should not
he molested, hut protected in the ex
ercise of that right?
In July 1787, Congress passed ait
mrnt of this country was in the hands : I ulll(S -
of Mr. Jeff\ ison. Under such an ad- ! ?)’ »'>« Executive. Tins is nrecs-
miriistration, no attempt would hove j warily implied in making and ratifying
been made io enter into a treaty with i them. Tor it is rot to he presumed
a distinct sovereignty, that went lo Ibat the President would make, and
that the Senate would advise and
consent to, a treaty which they did
not believe was binding on either
of the pntlics to it. But we are not
left to mere deductions or inferences
> '* i 11,„ c< ssary that it should bo made by the
,, I ins is a which is neccss ti v. J cs
binding on the contracting; . . • , , . ,
13 I aqtliority is delegated to. the Presi-
mvado the principles of the constitu
tion. “Ever since tiffs government
I proceeded on the principle dial
the Indians are a distinct sovereignty;
it was an anomaly that one sovereign
ty should exist within the orbit of a-
nolher; but they always had pro
ceeded on this principlo, a;uj if they
had any right to interfere with them,
why did they proceed with them in
die character of sovereignties?” Mr.
Eaton contended (hat, “in the pro
visions of this treaty, there was no
cession of property on tho part of
ordinance for the government of the | thes;, Indians; there was not even a
territory north-west of the rive'r O’
hio, the fourth article of which pro
vides, that the “utmost good faith
shall always be observed towards the
Indians; their lands and property shall
never be taken from them without
their consent; and in their properly,
rights and liberty, they never shall he
invaded or disturbed, unless in just
and lawful wars .authorized by Con
gress; but laws founded in justice
and humanity shall, from time to
time, be made for preventing wrongs
being done to them, and for preserv
ing pence and friendship with them?”
In the cession by Gporgia. in 1802,
it is provided, that t^hen the territq 4
ry ceded hv hor shall be formed fftfo
cession of sovereignly. They, in
their sovereign capacity as Indians,
yielded their consent to the United
S’atcslo open a road. The United
Slates could not give the slate of
Mississippi any sovereignty over
it.”
Mr. Berrien of Georgia, now it-
torney-genernl of (he United States,
said, “the moderate reflection lie
had been able to bestow upon this
subject bod reconciled his mind to the
admission ,of the principle, that the
effect of this treaty was certainly of
limited extent. This treaty was
concluded before the admission of
Mississippi into the Union, and the
parties to' (hat treaty, being cons'fdcr-
ity is delegated
dent and Senate, and, wdien exercis
ed by them, the states have agreed
t!mt i,( is duly made. Whereas, as
to a law, it must be made in pursu
ance of the constitution: and of this,
the judicial department is constituted
the judge. Now, these treaties have
been made by the President, and rat
ified by two thirds' of the Senate.—
They have, therefore, been made
from the exercise of the trealy-iiia- L |u]( . r (lie nut l i0 i i{y of the United
king power. I he records of our j States; and thus the states, by h'e-
government furnish us with ample ev-1 t-oming parties to the constitution,
idence of the opinions entertained of j j invo declai rtl thorn to be the su-
their validity by nil llieillustrious ; p rem0 | i)W of the land. Is it tn lie
in cn, who have successfully newline | power of any slate lo decline, (hat,
high office ol President cl the Lniteuj,*,, ,linking these treaties, the limits
Slates. J prescribed bv the constitution weic
General Washington, in a cornmu- j passed? that there was an exercise
mention to the Senate, in J790, says, of power not delegated?
“The treaties which have been en
tered into with the other tribes in
that quarter, must be faithfully per- i nn assumed principle,' by following if
formed on our purls: I shall conceive out in its consequences. What Would
It is. in most cusps, a safe rule bv
which lo ascertain lh$ correctness of
formed on our purls
myself hound to exert the powers in
trusted to me by the constitution, in
order to carry into faithful execution
tho treaty of Hopewell. The letters
of the chiefs to the Creeks are also
laid before you, to evince that the
requisite steps have been taken to
produce a full compliance with the
treaty made with that nation on ‘.lie
7tli of August, 1790. The Senate
advised and consented tlinf the Pres
ident should cause the treaty con
cluded at Hopewell to be carried into
execution according io the terms thereof.
It is of some importance (hat the
resequences,
they be, in the case We are now con
sidering, if these treaties arc invalid?
If they are void ns to the United
States, or ns to any of the states,
they are so as to the Indians. If
they cannot be carried into efTee),
in good faith, because they infringe
upon the lights of the states, they
arc inoperative for all purposes. The
Indian tribes may say with great pro
priety to this government, lf,you have
not the power to fulfill the stipulations
tained in the treqUcs made with
us, we are under no Wllgations coo-
our part, to eowplj»ith them. If