SECOND TREATY OF WASHINGTON; OR TWELTH 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 point of that state. It was executed by George Graham, commissioner of the United States, and six Cherokee Chiefs, March 22, 1816.

ART. 1. "Whereas the executive of South Carolina has made an application to the President of the United States to extinquish the claim of the Cherokee nation to that part of their lands, which lie within the boundaries of the said state, as lately established and agreed upon, between that state and the state of North Carolina; and as the Cherokee nation is disposed 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 following bounds:" [Here the bounds are described, comprising a tract now in the N. W. corner of South Carolina. The tract was of small extent and very little value, as it is among the mountains.]

ART. 2. The United States agree, that the State of South Carolina shall pay the Cherokees $5,000 for this grant, in ninety days: "Provided, That the Cherokee nation shall have sanctioned the same in Council; and provided also, that the Executive of the State of South Carolina shall approve of the stipulations contained in this article."

This treaty was ratified by the parties; viz. President Madison and the Senate, and the Cherokee nation in council assembled; and it was doubtless 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 property of Indians though the lands appeared, according to the maps, to belong to those states. White men, not Indians, made the maps. The northwest corner of South Carolina, as that state appeared on the map, still belonged to the Cherokee Indians. The state wished to obtain possession of this little fraction of mountainous territory. In a manner perfectly fair and honourable, she applied to the general government, requesting that the territory might be purchased of the rightful owners. She does not say, that the land belongs to her; but simply that North Carolina has agreed with South Carolina, as to the boundary between them, when the land shall have been obtained of the Cherokees. She does not pretend that the Cherokees are bound, or that their rights are in any degree affected, by agreements between third parties. This is a correct view of the subject; and quite as applicable to Georgia, as to South Carolina, or any other state.

No. XI.

Third treaty of Washington, or thirteenth compact, 1816-Claim of the Cherokees previously recognized-The right to navigate rivers in the Cherokee nation obtained by treaty-Treaty of the Chickasaw Council House, or fourteenth compact, 1816-Preface, or title of the treaty-Reasons for the treaty-Abstract of it-Remarks upon it.

There are four remaining treaties to be examined. Two of them

were negotiated by the distinguished general, who is now the Chief Magistrate of the United States, and one by the distinguished Secretary of War, who is now Vice President of the United States. On these accounts, as well as from their inherent importance, they are worthy of particular attention.

THIRD TREATY OF WASHINGTON; OR THIRTEENTH NATIONAL COMPACT WITH THE CHEROKEES.

This treaty was executed on the same day with the one next preceding; viz. March 22, 1816, and signed by George Graham for the United States, and six Cherokee chiefs, for the Cherokee nation. Being on a different subject entirely, it was embodied in a separate document.

ART. 1. The boundary between those parts of the Creek and Cherokee 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 Cherokees, it became necessary to ascertain and establish the true boundary between these nations. In the body of the article it is said, that in the treaty of January, 1806, (already described as the tenth compact,) "the United States, have recognised a claim on the part of the Cherokee nation to the lands south of the Big Bend," &c.

ART. 2. "It is expressly agreed, on the part of the Cherokee nation, that the United States, shall have the right to 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 United States freely to navigate all the rivers and waters "within the Cherokee nation."

ART. 3. "In order to preclude any dispute hereafter, relative to the boundary line now established, it is hereby agreed, that the Cherokee nation shall appoint two commissioners to accompany the commissioners, already oppointed on the part of the United States, to run the boundary," &c.

ART. 4. In order to avoid delay, when the President of the United States shall wish, at any time hereafter, to open a new road, under the grant of the second article of this treaty, "the principal chief of the Cherokee nation shall appoint one commissioner to accompany the commissioners appointed by the President" to lay off the road.

ART. 5. The United States agree to pay $25,500 to "individuals of the Cherokee nation," an an indemnity for losses sustained by them, from the march of the United States troops" through that nation."

The treaty was duly ratified by President Madison and the Senate.

A very few remarks on this document will be sufficient.

The first article says, that the United States, in a treaty made ten years before, recognized a claim of the Cherokee nation to land south of the Big Bend of the Tennessee. What claim? Doubtless such claim as the Cherokees made. But they never made any partial, limited, or qualified claim to their lands. They never set up a title as tenants for the lives of the existing generation, or tenants for years, or tenants at will. They simply, and always, claimed the land as their own; and this claim the United States must have recognized, if they recognized any claim at all.

The fact was, that the article here referred to, as containing a recognition of the Cherokee claim, was the one, by which the United States engaged to prevail on the Chickasaws to agree upon a certain boundary between them and the Cherokees. Thus, the friendly attempt to fix a boundary between these two Indian nations, was justly construed, in a

treaty ten years afterwards, to be a recognition of the claims of those nations, to the lands on each side of the boundary.

By article second it is agreed, on the part of the Cherokee nation, that the United States shall have the right to lay off roads, if a certain part of the nation, and in a prescribed manner. Of course, it must be inferred, that the United States had not this right before; that the assent of the Cherokee nation was necessary to invest the United States with the right; and that it must, even when expressly granted, be exercised in the manner, which the treaty prescribed. This article speaks, also, of rivers and waters, "within the Cherokee nation;" and stipulates, that the citizens of the United States may freely navigate these waters. On looking at the map of the Cherokee country, as it then existed, the reader will find, that beside the Hiwassee, the Oostanawlee, the Coosa, and many smaller streams, that noble river, the Tennessee, took a sweep of more than 150 miles through the Cherokee nation. There was good reason to wish for the privilege of navigating these waters; but how absurd to resort to the treaty-making power for the purpose of obtaining it, if the country really belonged to Georgia and the neighbouring states.

By articles 3d and 4th, it appears, that the Cherokee nation had a government, which the United States acknowledged, as being always in existence, and always competent to transact any national business.

TREATY OF THE CHICKASAW COUNCIL HOUSE; OR FOURTEENTH COMPACT WITH THE CHEROKEES.

This document was signed on the 14th of September, 1816. The preface is important, and I must cite it at length.

"To perpetuate peace and friendship between the United States and the Cherokee tribe or nation of Indians, and to remove all future causes of dissension which may arise from indefinite territorial boundaries, the President of the United States of America, by major-general Andrew Jackson, general David Meriwether, and Jesse Franklin, esquires, commissioners plenipotentiary on the one part, and the Cherokee delegates on the other, covenant and agree to the following articles and conditions, which, when approved by the Cherokee nation, and constitutionally ratified by the government of the United States, shall be binding on all parties."

It is always to be 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 incumbent of that high office should respect the document I am now considering, and a similar one, which was executed the following year.

The reasons for the treaty, assigned in the preface above quoted, are good and sufficient reasons; and such as commend themselves to every man's heart and conscience. "To perpetuate peace and friendship" between neighbouring communities is a benevolent work, the importance of which much depends on the durability of the relation, to which such phraseology is applied; and to remove all future causes of dissension, which may arise from "indefinite territorial boundaries," is a work scarcely less benevolent than the other. This is the very language, which would be used on a similar subject, by Russia and Prussia, or any two contiguous nations in Europe.

Further, it appears by the very preface, as well as by the subsequent proceedings, that this treaty, though made in the immediate neighbourhood of the Cherokee country, and signed by fifteen chiefs, was not considered as binding, till it should be " approved 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 all parties."

It is humiliating to be obliged to prove, that parties to a treaty are bound by it. To pretend the contrary is an utter perversion of reason and common sense. There are persons, however, to whom express covenants seem stronger than unavoidable implications. Such persons are requested to observe, that major general Andrew Jackson and his colleagues did expressly, in so many words, "covenant and agree," that the treaty should" be binding on all parties." Why is it not binding then? Where is the promised perpetual peace, if the weaker party is to be outlawed? Where is the benefit of definite territorial boundaries, if these boundaries are not respected?

The following is a brief abstract of the treaty :

ART. 1. Peace and friendship established.'

ART. 2. The western boundary described. It curtailed the Cherokee country on the southwest, and gave to the United States a tract of land, now in the State of Alabama.

ART. 3. The Cherokees relinquish and cede the land just mentioned, and, in consideration thereof, the United States agree to pay $5,000 in 60 days, and $6,000 a year, for ten successive years.

ART. 4. The line to be plainly marked.

ART. 5. The Cherokee nation to meet the commissioners of the United States at Turkey-town, on the 28th of the same month, "there and then to express their approbation, or not, of the articles of this treaty ;" but, if the nation did not assemble, it would be considered " as a tacit ratification."

On this treaty I would observe, that there are several things in it worthy of special commendation; viz: the solicitude to avoid future difficulties, the uncommon care manifest in article fourth, (which a regard to brevity prevented my citing at large,) to have the line of territory made plain; and the repeated and explicit acknowledgment, that the Cherokees were to express their approbation of the treaty, before it would be binding. Of course, they were to be dealt with as intelligent and moral beings, having rights of their own, and capable of judging in regard to the preservation of those rights.

It must be presumed, that the commissioners of the United States were at Turkey-town, on the 28th of September, the day appointed for the ratification; but whether the Cherokees were dilatory in assembling, or whether strong arguments were necessary to obtain their consent, does not appear. Six days afterwards the transaction was closed, as is proved by the following certificate :

"Ratified at Turkey-town by the whole Cherokee nation in council assembled. In testimony whereof, the subscribing commissioners of the United States, and the undersigned chiefs and warriors of the Cherokee nation, have hereto set their hands and seals, this fourth day of October, in the year of our Lord one thousand eight hundred and sixteen."

Signed,

ANDREW JACKSON,
D. MERIWETHER, and

nine Cherokee chiefs, in the presence of the venerable Col. Meigs, two interpreters, and Major Gadsden of the United States army, who subscribed as witnesses. The treaty was ratified by President Madison and the Senate.

I close this number by requesting all our public men to meditate upon the following words of a very sagacious king :-Remove not the old land mark; and enter not into the fields of the fatherless; that is, of the weak and defenceless; for their Redeemer is mighty; He shall plead their cause with thee.

No. XII.

Treaty of the Cherokee Agency, or fifteenth compact, 1817-Title of the treaty -Long and curious preamble-Abstract of the treaty-Remarks upon it-Singular arrangement of Providence-Consideration of Mr. Jefferson's letter-The United States to be bound by fear alone-The Cherokees relied on these promises.

The next treaty is unique in its character; but all its provisions are in accordance with the principles of preceding compacts. It forcibly illustrates the change, in the condition and prospects of the Cherokees, which had then commenced, and has been constantly increasing.

TREATY OF THE CHEROKEE AGENCY, OR FIFTEENTH COMPACT WITH THE CHEROKEES.

TITLE.

"Articles of a treaty concluded at the Cherokee Agency within the Cherokee nation between major general Andrew Jackson, Joseph McMinn, governor of the State of Tennessee, and general David Meriwether, commissioners plenipotentiary of the United States of America of the one part, and the chiefs, head men, and warriors of the Cherokee nation, east of the Mississippi river, and the chiefs, head men, and warriors of the Cherokees on the Arkansas river, and their deputies, John D. Chisholm and James Rodgers, duly authorized by the chiefs of the Cherokees 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, commissioners, and agents enough to make a treaty; but the preamble, occupying an octavo page and a half, is still more remarkable. It declares, that in the year 1808, a deputation from the Upper and Lower Cherokee towns went to Washington: that the deputies from the Upper Towns signified to the President "their anxious desire to engage in the pursuit of agriculture and civilized life, in the country they then occupied ;" that the nation at large did not partake of this desire; that the upper towns wished, therefore, for a division of the country, and the assignment to them of the lands on the Hiwassee; that," by thus contracting their society within narrow limits, they proposed to begin the establishment of fixed laws, and a regular government; that the deputies from the lower towns wished to pursue the hunter life, and with this view to remove across the Mississippi; that the President of the United States," after maturely considering the petitions of both parties," wrote to them on the 9th of January, 1809, as follows : "The United States, my children, are the friends of both parties; and, as far as can be reasonably asked, they are willing to satisfy the wishes of both. Those who remain may be assured of our patronage, our aid, and good neighbourhood. Those who wish to remove, are permitted to send an exploring party to reconnoitre," &c. That in the