confined to it. Goods, indispensable to their comfort, in the shape of
presents, were received from the same hand. What was of still more
importance, the strong hand of Government was interposed to restrain
the disorderly and licentious from intrusions into their country, from
encroachments on their lands, and from those acts of violence which
were often attended by reciprocal murder. The Indians perceived in this
protection, only what was beneficial to themselves--an engagement to
punish aggressions on them. It involved practically no claim to their
lands, no dominion over their persons. It merely bound the nation to
the British crown, as a dependent ally, claiming the protection of a
powerful friend and neighbor, and receiving the advantages of that
protection, without involving a surrender of their national character.
This is the true meaning of the stipulation, and is undoubtedly the
sense in which it was made. Neither the British Government, nor the
Cherokees, ever understood it otherwise.
The same stipulation entered into with the United States, is
undoubtedly to be construed in the same manner. They receive the
Cherokee nation into their favor and protection. The Cherokees
acknowledge themselves to be under the protection of the United States,
and of no other Power. Protection does not imply the destruction of the
protected. The manner in which this stipulation was understood by the
American Government, is explained by the language and acts of our first
President.
The fourth article draws the boundary between the Indians and the
citizens of the United States. But, in describing this boundary, the
term "allotted" and the term "hunting ground" are used.
Is it reasonable to suppose, that the Indians, who could not write, and
most probably could not read, who certainly were not critical judges of
our language, should distinguish the word "allotted" from the words
"marked out." The actual subject of contract was the dividing line
between the two nations, and their attention may very well be supposed
to have been confined to that subject. When, in fact, they were ceding
lands to the United States, and describing the extent of their cession,
it may very well be supposed that they might not understand the term
employed, as indicating that, instead of granting, they were receiving
lands. If the term would admit of no other signification, which is not
conceded, its being misunderstood is so apparent, results so
nec
|