same letter, the President added-" When the party shall 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;" and that in conclusion, he told the emigrating Cherokees, that the United States 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 promises of the President of the United States, as above recited," explored the country west of the Mississippi, made choice of land to which no other Indians had a just claim, and were desirous of completing the proposed exchange of country.

"Now, know ye, ,"concludes the preamble, " that the contracting parties, to carry into full effect the before recited promises with good faith, and to promote a continuation of friendship," &c. &c. "have agreed and concluded on the following articles :"

ART. 1. "The chiefs, head men, and warriors, of the whole Cherokee nation, cede to the United States all the lands lying north and east of the following boundaries:" [The line here described left out a tract of land, which fell into Georgia.]

ART. 2. The Cherokees also cede certain valuable lands, which fall into the central parts of Tennessee.

ART. 3. A census to be taken with a view to ascertain the number of emigrants; that is, the number of Cherokees who wish to remove across the Mississippi.

ART. 4. The annuities to be divided between the remaining and the emigrating Cherokees, in proportion to their numbers respectively.

ART. 5. In consideration of the lands ceded in the first and second articles of this treaty, the United States engage to give an equal quantity of land, acre for acre, between the Arkansas and White rivers, within certain boundaries mentioned. This article closes with the following words: "And it is further stipulated, that the treaties heretofore between the Cherokee nation and the United States are to continue in full force with both parts of the nation; and both parts thereof are entitled to all the immunities and privileges which the old nation enjoyed, under the aforesaid treaties; the United States reserving the right of establishing factories, a military post, and roads within the boundaries above defined."

ART. 6. The United States to make full compensation for the improvements on land within the Cherokee nation, which shall have belonged to the emigrating Cherokees, and to furnish flat-bottomed boats and provisions for their removal. ART. 7. Improvements on land ceded to the United States, to be paid for by the United States. There is a provision, also, in this article, that the profit of the improvements mentioned in article 6th, shall be applied to the benefit of poor and decrepid Cherokees.

ART. 8. To every head of an Indian family, residing on the lands ceded by the Cherokees in this treaty, shall be allowed a section of land, that is 640 acres, provided he wishes to remain on his land thus ceded, and to become a citizen of the United States. He shall hold a life estate, with a right of dower to his widow, and shall leave the land in fee simple to his children.

ART. 9. Both parties to enjoy a free navigation of rivers.

ART. 10. The Cherokee nation cedes to the United States, certain small reservations, without the present limits of the nation.

ART. 11. The boundary lines to be marked.

ART. 12. No whites to enter upon the lands ceded, till the treaty "shall be ratified by the President and Senate of the United States, and duly promulgated." ART. 13. The treaty to be in force as soon as thus ratified.

The Treaty was signed on the 8th of July, 1817, by ANDREW JACKSON, and the other commissioners, and by thirty-one chiefs and warriors for the Cherokees, who expected to remain east of the Mississippi, and fifteen chiefs and warriors for the emigrating Cherokees, in the presence of nine witnesses. It was ratified by President Monroe and the Senate.

It would seem as though the public affairs of the Cherokees had been so ordered by Providence, as to present the very strongest conceivable exhibition of the obligation of treaties. It has usually been thought, that if a single plain stipulation were made between two nations, and duly ratified, this would bind the parties. I am now examining the fifteenth treaty with the Cherokees, every one of which is perfectly consistent with every other; and they all unite in leading to the same conclusion. As if this were not sufficient, the individual character and political consistency of our most prominent statesmen, not only lend their aid to confirm these national compacts; but are actually personified, as it were, and embodied in the treaties. It may be doubted whether there is a similar instance in the annals of mankind.

General Washington, soon after the organization of our national government, laid the basis of our Indian relations, in perfect consistency with the principles and practice of the early settlers and colonial rulers. Mr. Jefferson was a member of his cabinet, and doubtless intimately conversant with these fundamental measures. The five first Presidents of the United States made treaties with the Cherokees, all resting on the same acknowledged principles. Mr. Jefferson, the third President, having pursued the policy of General Washington on this subject, with more undeviating zeal than on any other subject whatever-being about to retire from the chief magistracy-and standing mid-way between the era of 1789 and the present year, wrote a fatherly letter to the Cherokees, giving them his last political advice. This letter is preserved by them in their archives. A negotiation is held with them, on their own soil, or, as the title has it, "within the Cherokee nation," under the direction of the fifth President of the United States. The letter of Mr. Jefferson is produced and incorporated into a treaty. It is therefore adopted by the people of our land, and approved as among the national muniments, erected for the defence of our weak neighbours. What adds to the singularity of the transaction, is, that this letter, reaching backward and forward through five administrations, is adopted in the fifth, by a negotiator, who is now the seventh President of the United States; thus bringing all the weight of personal character and political consistency to support as plain stipulations, as can be found in the English language, or any other. May it not be said, then, that the case of the Cherokees has been prepared by Providence, that we may show to ourselves and to the world, whether engagements can bind us; or whether the imagined present interest of a small portion of the American people will transform itself into a Samson, and break national treaties by dozens, and by scores," as a thread of tow is broken when it toucheth the fire?"

If this case should unhappily be decided against the Cherokees, (which may Heaven avert!) it will be necessary that foreign nations should be well aware, that the People of the United States are ready to take the ground of fulfilling their contracts so long only, as they can be overawed by physical force; that we as a nation, are ready to avow, that we can be restrained from injustice by fear alone; not the fear of God, which is a most ennobling and purifying principle; not the fear of sacrificing national character, in the estimation of good and wise men in every country, and through all future time; not the fear of present

shame and public scorn; but simply, and only, the fear of bayonets and

cannon.

But what does the letter of Mr. Jefferson, thus adopted and sanctioned, and made the mouth-piece of the nation; what does this letter, written after much deliberation and much experience, and on the eve of quitting public life, say to the Cherokees? It says, that the United States will always regard both branches of the Cherokee nation as their children. (A good father, I suppose, does not tell lies to his children, nor break his promises to them; especially promises that have been often repeated during the lapse of many years, and in which they have confided in making all their arrangements for comfort and usefulness through life.) It says that the Cherokees of the Arkansas must not enter upon lands claimed by other Indians, thus admitting that the wildest savages have a claim to lands. It says, that all the individuals of the Cherokee nation have a right to their country; and, therefore, if a part of the nation surrenders to the United States its right to lands east of the Mississippi, it must receive from the United States a right to lands west of that river. It says, that those Cherokees, who choose to remove, may emigrate with the good wishes and assistance of the United States, and that those who remain, may be assured, (yes, assured is the word of Mr. Jefferson, adopted by General Jackson,)" may be assured of our patronage, our aid and good neighbourhood." It would be difficult to make any comments upon this passage, which would add to the impression which it cannot fail to make upon every fair and honourable mind.

The preamble says, that the Cherokees relied upon the promises of the President of the United States, and took their measures accordingly. Why should they not rely upon his promises? No President of the United States had broken faith with the Indians. But if these very promises, and a thousand others, should now be broken, there will be 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 thus laid up in store for future generations, I could heartily wish, that none of our public functionaries may ever hereafter make a promise to an Indian.

No. XIII.

Fourth treaty of Washington, or sixteenth and last compact, 1819-Abstract of the treaty-Recognition of industrious Cherokees-Permanent school fund for Indians east of the Mississipi-Incorporation of the Intercourse Law into the treaty-Provisions of that law-Incidental recognition of the rights of Indians by the Supreme Court of the United States.

There is but a single treaty more in this long chain of negotiations. It was executed on the 27th of Februrary, 1819, by John C. Calhoun, then Secretary of War, for the United States, and by twelve Cherokee Commissioners. It may be called

THE FOURTH TREATY OF WASHINGTON; OR THE SIXTEENTH AND LAST NATIONAL COMPACT BETWEEN THE UNITED STATES AND THE CHEROKEES.

The preamble states, that "the greater part of the Cherokee nation have ex

pressed an earnest desire to remain on this side of the Mississippi," and that they wish "to commence those measures which they deem necessary to the civilization and preservation of their nation;" they therefore offer to cede to the United States a tract of country at least as extensive as the United States will be entitled to, according to the provisions of the preceding treaty.

ART. 1. The Cherokee nation cedes to the United States all its lands, lying north and east of the following line: [By this boundary considerable tracts of land were ceded, which fell under 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 in this article to be in full satisfaction for the lands on the Arkansas, given by the United States, in the next preceding treaty.

ART. 2. The United States to pay for improvements on the ceded territory; and to allow a reservation of 640 acres to each head of a family, who wishes to remain, and become a citizen of the United States.

ART. 3. A reservation of 640 acres to each of 31 persons mentioned by name, "all of whom are believed to be persons of industry, and capable of managing their property with discretion."

There were also eight other reservations 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 vested by the President of the United States, the annual income to be applied "to diffuse the benefits of education among the Cherokee nation on this side of the Mississippi.

ART. 5. Boundaries to be run as prescribed in former treaties. Intruders from the white settlements to be removed by the United States, and proceeded against according to a law of Congress which was enacted March 30, 1802.

ART. 6. Two thirds of the annuities shall hereafter be paid to the Cherokees on the east, and one third to those on the west of the Mississippi.

ART. 7. The citizens of the United States not to enter upon the ceded lands, before Jan. 1, 1820.

ART. 8. This treaty to be binding when ratified.

The treaty was ratified by President Munroe and the Senate.

The preamble of this last treaty declared, that the Cherokees, as a body, wished to remain upon their ancient territory, with a view to their național preservation. The treaty was therefore avowedly made with the same view. This is perfectly manifest from the words of the document; and I feel warranted in saying, that the Cherokee chiefs, (who consented to the cessions of the first article with great reluctance,) were positively and solemnly assured, that the government of the United States did not intend to ask them to sell any more land. This is implied, indeed, in the preamble, which, after recognizing the desire of the Cherokees to remain and become civilized, adds, in effect, that the cession now made was so extensive, as not to require any future cession. To about forty individuals specific reservations were made by the third article, on the alleged ground, that these individuals were "persons of industry, capable of managing their property with discretion."

A very small portion of the Cherokee population resided upon the land ceded; yet from this 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 described. It is incontrovertible that the Cherokee nation has been improving 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 treaty are not more plain, therefore, nor its principles more just, than its spirit is humane and benevolent.

The fourth article looks directly at the permanent residence of the Cherokees on the territory of their fathers. The lands reserved for a school fund have not yet been sold; but, when the treaty was signed, it was supposed that they would sell for a great sum of money. Similar lands, not far distant, had been sold by the United States at auction, a year or two before, at very great prices. The principle tract reserved lies on the Tennessee, and, as was thought, would produce so large a capital, that the interest would afford the means of education to all the children of the Cherokees. What is to be done with this sum? The treaty says, the President of the United States shall vest it as a permanent fund; and that the annual income is to be applied to diffuse the benefits of education among the Cherokee nation on this side of the Mississippi." Here is a permanent fund for a specific object; and that object implies the permanent existence of the Cherokee nation eastward of the Mississippi.

But the provision of the fifth article is still more important to the Cherokees. It would seem as if every contrivance was used, which human ingenuity could devise, for the purpose of binding the faith and constancy of the United States to a just and honorable course with the Indians. The integrity of their territory had been guaranteed by treaty, Rigorous laws had been enacted for the punishment of intruders. These laws had been executed. But the time might come when the laws would be repealed; and when Congress would, by a feeble system of legislation, leave the Cherokees defenceless. In order to guard against this species of bad faith, a stipulation is here inserted, by which a certain law of the United States, so far as it relates to the intrusion of whites upon Indian lands, is made a part of the treaty. This law, therefore, as it respects the Cherokees, cannot be repealed by Congress. It is to be considered in just the same light, as if all those parts of it, which relate to intruders, had been literally copied into the treaty. Let us then look at some of its provisions.

any

By the law of March 30, 1802, it is enacted, (section 2,) that if' citizen of the United States shall cross over, or go within, the boundary line, between the United States and the Indians, 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 with 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 if any citizen shall make a settlement on any lands belonging, or secured, or granted, by treaty with the United States, to any Indian tribe, or shall survey, or attempt to survey, such lands, or designate any of the boundaries by marking trees, or otherwise, such offender shall forfeit a sum not exceeding $1,000, and suffer imprisonment not exceeding twelve months.' In the same section, the President is armed with full power to take such measures, and to employ such military force, as he shall judge necessary to remove from Indian lands any person who should "attempt to make a settlement 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 all the Indians, whose lands