Cherokee Phoenix

Note: This edition of the Phoenix is printed in four columns only

Published November, 13, 1830

Page 4 Column 1a-2a

Note: This edition of the Phoenix is printed in four columns only.


By the following paragraph, which we take from a Baltimore paper, it appears that the Secretary of War, after nearly a fortnight's hard labor has succeeded in bringing the Choctaw Indians to subscribe a treaty, the general terms of which are stated in the article-

Republican and Gazetta Extra.

NASHVILLE, Tenn. Oct. 4.


To gratify the anxiety, which, we are aware, prevails with a great portion of our readers to learn the result of the negotiations late pending with the Choctaw Indians, we this day issue an extra. After thirteen days of most fatiguing duty, the Secretary of War and General Coffee succeeded in the object of their mission. On the 27th ult. a Treaty was agreed to and signed.

The Choctaws cede the country they occupy; and within three years are to move beyond Mississippi.- Those who choose to remain, take reservations, and after residing five years to possess them in fee. The country is to be at any time surveyed when the Government please, but no sale is to take place, previous to removal; until then, no person is to settle in the country. About 5000 Indians were in attendance.'

What, under the new order of things in our government is expected to grow out of thie 'arrangement,' we do not pretend to know. Treaties with Indians are considered by the disciples of the modern school in politics, as of no obligation. We have been taught by the new 'law of nations,' promulgated by the statesmen of Georgia, and adopted by the present Administration of the national government, and their partizans in both houses of Congress, that the Indians are inhabitants of the states in which they reside,(though without the privileges of other inhabitants) subject to their laws, possessing few rights, and no property-that they can hold no more lands than they enclose and cultivate, and if perchance they discover a little gold under the surface, that it belongs to the state of Georgia-that treaties with Indians, notwithstanding they may have been entered into with all the constitutional forms of diplomatic contracts, and ratified by the President and Senate of the United States, are still not binding upon the latter, that when the chief magistrate is called upon under the provisions of those treaties, and of the laws of the Union, to protect the Indians against the encroachments, plunderings, and spoilations of white men, or of the states in which they live, he is not bound by his constitutional duty to see the laws executed, but like a certain monarch renowned in English history, he has a dispensing power to exercise; and that when called upon, under a new 'arrangement' with Indians for their emigration in which a part consent to go, and others refuse, that he has the power to withhold the money appropriated for the very purpose of assisting such as will remove, because they will not all go-meaning in the exercise of his humane and benevolent disposition to starve them into submission. Under the operation and influence of such principles as these, we should hardly have thought that any tribe of Indians could have been brought, unless indeed they were reduced by starvation, or something equivalent, to trust our government under any arrangement. The want of integrity in the fulfilment of former treaties, and the equal destitution of principle in all our recent conduct towards them, might have taught them a salutary lesson, under the influence of which they might have profited in their further intercourse with our government.

And yet, if the Choctaws have no higher notions of the obligations of treaties than our government have, they have it in their power, if the foregoing paragraph states the case correctly, to get the advantage of us most materially. It appears that those Indians who choose to remain, are to retain reservations of their lands, and after residing upon them five years, they are to receive a title to them in fee simple. Who is to make the conveyance, and whether the deeds are to contain covenants of warranty, is not stated. But according to the phraseology of the paragraph if the whole nation should conclude to remain, they will be entitled to the benefit of this stipulation in the treaty.- N. Y. Dai. Adv.