essarily from the whole transaction, that it must, we think, be
taken in the sense in which it was most obviously used.
So with respect to the words "hunting grounds." Hunting was at that
time the principal occupation of the Indians, and their land was more
used for that purpose than for any other. It could not, however, be
supposed, that any intention existed of restricting the full use of the
lands they reserved.
To the United States, it could be a matter of no concern, whether their
whole territory was devoted to hunting grounds, or whether an
occasional village, and an occasional corn field, interrupted, and gave
some variety to the scene.
These terms had been used in their treaties with Great Britain, and had
never been misunderstood. They had never been supposed to imply a right
in the British Government to take their lands, or to interfere with
their internal Government.
The 5th article withdraws the protection of the United States from any
citizen who has settled, or shall settle, on the lands allotted to the
Indians, for their hunting grounds; and stipulates that, if he shall
not remove within six months, the Indians may punish him.
The 6th and 7th articles stipulate for the punishment of the citizens
of either country, who may commit offences on or against the citizens
of the other. The only inference to be drawn from them is, that the
United States considered the Cherokees as a nation.
The 9th article is in these words: "For the benefit and comfort of the
Indians, and for the prevention of injuries or oppressions on the part
of the citizens or Indians, the United States, in Congress assembled,
shall have the sole and exclusive right of regulating the trade with the
Indians, and _managing all their affairs_, as they think proper."
To construe the expression "managing all their affairs," into a
surrender of self government, would be, we think, a perversion of their
necessary meaning, and a departure from the construction which has been
uniformly put on them. The great subject of the article is the Indian
trade. The influence it gave, made it desirable that Congress should
possess it. The commissioners brought forward the claim, with the
profession that their motive was, "the benefit and comfort of the
Indians, and the prevention of injuries or oppressions." This may be
true, as respects the regulation of their trade, and as respects the
regulation of all affairs connected with their trade, but can
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