Cherokee Phoenix
and Indian's Advocate
Wednesday September 30, 1829
Vol. 2, no. 26
Page 2, col. 3a
"The parties being desirous of establishing permanent peace and friendship
between the United States and the said Cherokee nation, and the citizens and
members thereof, and to remove the causes of war by ascertaining their limits,
and making other necessary, just, and friendly arrangements: The President
of the United States by William Blount, Governor of the Territory of the United
States South of the River Ohio, and Superintendent of Indian Affairs for the
Southern District, who is vested with full powers for these purposes, by and
with the advice and consent of the Senate of the United States; and the Cherokee
nation, by the undersigned Chiefs and Warriors representing the nation, have
agreed to the following articles, namely:"
I have thought it best to cite the whole title and preamble, that the
reader may see in what manner the parties to this instrument saw fit to describe
themselves; or, ore properly, in what manner the Plenipotentiary of the United
States, with the President and Senate, saw fit to describe these parties; for
it will not be pretended that the Cherokees reduced the treaty to writing.
This is the second treaty, which was made with Indians, by the Government of
the United States, after the adoption of the Federal Constitution. The
first was made with the Creek nation; and was executed at New York, August 7th,
1790, by Henry Knox, then secretary of War, as the Commissioner of the United
States, and twenty-four Creek Chiefs, in behalf of their nation. In comparing
these two treaties, it is found, that the title and preamble of the Cherokee
treaty are an exact transcript from the other, except that, "Cherokee" is inserted
instead of "Creek," and the word "Kings," before "chiefs and warriors," is omitted,
as are the words "of Indians," after the words "Creek Nation," in the title.
All the principal articles of the two treaties are also mutatis mutandis, the
same in substance, and expressed by the sam phraseology. As Governor Blount
made the Cherokee treaty after the model of the Creek treaty, there can be little
doubt that he was directed to do so, by the head of the War Department.
It is morally certain, that the Creek treaty was drawn up not only with great
care, but with the concentrated wisdom of a cabinet, which is universally admitted,
I believe, to have been the ablest and the wisest, which our nation as yet enjoyed.
General Washington was at its head, always a cautious man, and eminently so
in laying the new foundations of our union, and entering into new relations.
This treaty was made under his own eye, at the seat of Government, and witnessed
by distinguished men, some of whom added their official stations to their names.
The two first witnesses were "Richard Morris, Chief Justice of the State of
New York," and "Richard Varrick, Mayor of the City of New York."
These treaties were, in due season, ratified by the Senate of the United
States, at the time composed of men distinguished for their ability. Among
them was Oliver Ellsworth, afterwards Chief Justice of the United States; William
Patterson, afterwards a eminent judge, of the Supreme Court of the United States;
Rufus King, afterwards for many years Minister of the United States at the British
Court; and William Samuel Johnson, who did not leave behind him in America a
man of equal learning in the Civil law and the Law of nations. These four
individuals, and six other Senators, had been members of the Convention, which
formed the Federal Constitution, though Mr. Ellsworth did not sign that instrument,
having been called away before it was completed. He was a most efficient
member however, in the various preparatory discussion; and did much in procuring
the adoption of the constitution, by the State which he had represented.
The reader may fairly conclude, that the document in question is not a
jumble of words, thrown together without meaning, having no object, and easily
explained away, as a pompous nullity. On the contrary, it was composed
with great care, executed with uncommon solemnity, and doubtless ratified with
ample consideration. It has, therefore, a solid basis, and a substantial
meaning. That meaning shall be considered in a future number.
WILLIAM PENN