the Revolution, the Cherokees took part with the
British. Alter its termination, the United States, though desirous of
peace, did not feel its necessity so strongly as while the war
continued. Their political situation being changed, they might very
well think it advisable to assume a higher tone, and to impress on the
Cherokees the same respect for Congress which was before felt for the
King of Great Britain. This may account for the language of the treaty
of Hopewell. There is the more reason for supposing that the Cherokee
chiefs were not very critical judges of the language, from the fact
that every one makes his mark; no chief was capable of signing his
name. It is probable the treaty was interpreted to them.

The treaty is introduced with the declaration, that "The commissioners
plenipotentiary of the United States give peace to all the Cherokees,
and receive them into the favor and protection of the United States of
America, on the following conditions."

When the United States gave peace, did they not also receive it? Were
not both parties desirous of it? If we consult the history of the day,
does it not inform us that the United States were at least as anxious
to obtain it as the Cherokees? We may ask, further: Did the Cherokees
come to the seat of the American Government to solicit peace; or, did
the American commissioners go to them to obtain it? The treaty was made
at Hopewell, not at New York. The word "give," then, has no real
importance attached to it.

The first and second articles stipulate for the mutual restoration of
prisoners, and are of course equal.

The third article acknowledges the Cherokees to be under the protection
of the United States of America, and of no other Power.

This stipulation is found in Indian treaties, generally. It was
introduced into their treaties with Great Britain; and may probably be
found in those with other European Powers. Its origin may be traced to
the nature of their connexion with those Powers; and its true meaning
is discerned in their relative situation.

The general law of European sovereigns, respecting their claims in
America, limited the intercourse of Indians, in a great degree, to the
particular potentate, whose ultimate right of domain was acknowledged
by the others. This was the general state of things in time of peace.
It was sometimes changed in war. The consequence was, that their
supplies were derived chiefly from that nation, and their trade