not be
true, as respects the management of all their affairs. The most
important of these, is the cession of their lands, and security against
intruders on them. Is it credible, that they could have considered
themselves as surrendering to the United States, the right to dictate
their future cessions, and the terms on which they should be made? or
to compel their submission to the violence of disorderly and licentious
intruders? It is equally inconceivable that they could have supposed
themselves, by a phrase thus slipped into an article, on another and
most interesting subject, to have divested themselves of the right of
self government on subjects not connected with trade. Such a measure
could not be "for their benefit and comfort," or for "the prevention of
injuries and oppression." Such a construction would be inconsistent
with the spirit of this and of all subsequent treaties; especially of
those articles which recognise the right of the Cherokees to declare
hostilities, and to make war. It would convert a treaty of peace
covertly into an act, annihilating the political existence of one of
the parties. Had such a result been intended, it would have been openly
avowed.

This treaty contains a few terms capable of being used in a sense which
could not have been intended at the time, and which is inconsistent
with the practical construction which has always been put on them; but
its essential articles treat the Cherokees as a nation capable of
maintaining the relations of peace and war; and ascertain the
boundaries between them and the United States.

The treaty of Hopewell seems not to have established a solid peace. To
accommodate the differences still existing between the State of Georgia
and the Cherokee nation, the treaty of Holston was negotiated, in July,
1791. The existing constitution of the United States had been then
adopted, and the Government, having more intrinsic capacity to enforce
its just claims, was perhaps less mindful of high sounding expressions,
denoting superiority. We hear no more of giving peace to the Cherokees.
The mutual desire of establishing permanent peace and friendship, and
of removing all causes of war, is honestly avowed, and, in pursuance of
this desire, the first article declares, that there shall be perpetual
peace and friendship between all the citizens of the United States of
America and all the individuals composing the Cherokee nation.

The second article repeats the impor