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This message was committed to nicated to the British Government the committee on commerce, the as an additional proof of the dischairman of which (Mr Cambre- position of the American Governleng) reported the next day a bill ment to relinquish the stand it had to authorize the President to sus- hitherto taken on this question, pend or to repeal by proclamation and the Secretary of State in his the acts of Congress of 1818,1820 letter of June 18,1830, informing and 1823, whenever he could be Mr McLane of its passage insatisfied, that Great Britain would structed him to so represent it to open the West India ports for an the British Government. It was so indefinite or a limited term to represented, and our minister in American vessels from the United his letter to the Earl of Aberdeen States, subject to the same duties of July 12th, declared, that the as British vessels from the United law conceded in its terms all the States, and that American vessels power in the regulation of the would be permitted to carry the colonial trade to Great Britain, produce of those islands to all and that it authorized the Presicountries except


posses- dent to confer on British vessels sions to which British vessels were all those privileges, as well in the permitted to carry it. The ports circuitous as the direct voyage, of the United States were then to whch Great Britain had at any be opened to British vessels from time demanded or desired.' the colonies upon the same terms These concessions were at as American vessels.

length deemed sufficient by the This bill having been twice British Government; and on the read, Mr Cambreleng moved a 17th August, 1830, an answer was resolution requesting the President given by the Earl of Aberdeen, to communicate to the House such in which these concessions and information concerning the state abandonment of a principle long of the negotiation as he should contended for, are specifically think advisable.

recapitulated, as if to preclude the This resolution was agreed to United States from again insisting and in the afternoon a secret mes upon it; a construction put upon sage was sent from the President the late act of Congress agreeable communicating some information to the views of Great Britain, an just received from the minister at intimation given that the British London. This information was government contemplated an augin substance an account of the pro- mentation of the duties on progress of the negotiations. And it duce imported directly from the induced the Houses to pass the bill United States with the view without delay - 105 ayes, 28 of encouraging the importation nays.

through the northern colonies, and The bill was then sent to the finally an assurance made that the Senate, where it was also assented carrying into effect of the law of 10, and having received the sanc- Congress, would remove all diffition of the President it became a culty in the way of the renewal of law, and was forthwith commu- intercourse on the footing of the act of Parliament of 1825. Upon able entirely to prevent commerthe receipt of this answer at cial intercourse between the coloWashington, the President issued nies and the United States, and a proclamation dated October 5th, such is the advantageous position 1830, opening the ports of the of an independent community, United States to British vessels that where trade has been permitfrom all the British colonies on or ted, much the greater portion of it near the North American conti- has been carried on in American nent, and declaring the acts of vessels. When the direct interCongress of 1818, 1820 and 1823 course is prohibited, the transporabsolutely repealed. The trade tation to the Danish and Swedish in British vessels accordingly at Islands, through which importaonce commenced, and on the 5th, tions of produce are made, is enof November following, the British tirely confined to the tonnage Government by an order of coun- of the United States; and when cil opened the colonial ports to the direct trade is permitted, the vessels of the United States. greater proportion of it is engross

The controversy was thus ter- ed by the same flag. minated, and although the principle Even the discriminating duty in of reciprocity was so far given up favor of importations from the as to concede to Great Britain the northern colonies, unless so great circuitous voyage, as well as the as to be nearly prohibitory, can right to encourage the indirect produce but little effect in divertimportation of American produce ing the trade from the direct through the northern colonies by route. augmenting the duties on the direct

The system, however, is still importation, the United States on persisted in by Great Britain ; and their part gained a participation in directly after concluding the arthe direct intercourse upon terms rangement in question with the of reciprocity, and the additional United States, the minister proprivilege of exporting goods from posed an increase of nearly the British colonies to foreign fifty per cent in the duties on countries. The controversy resul- American produce imported into ted substantially to the advantage the islands, and to permit their of American interests although importation into the northern colthe principle contended for by onies without duty. The change Great Britain prevailed.

in the ministry itself about that It indeed follows from the na- time prevented that measure from ture of things, that a system so being carried into effect; and time entirely artificial as the colonial alone can determine whether in system, and so contrary to the in- case it should be adopted, it will terests of all American States can- be necessary for the United States not be sustained without great diffi. to adopt other counteractive meaculty and entirely at the expensesures in place of those repealed of the colonial power. Experi- by the Proclamation of the Presience has accordingly shown that dent for the protection of their restrictive measures have not been navigation and commerce.


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Treaties between the United States and Cherokees. Condition of

Cherokees. - Constitution adopted by do. - Policy of Georgia. - Views of Federal Government. - Question between the Cherokees and United States. Conduct of Georgia. - Proceedings in Congress. - Bill reported in Senate. - Proceedings in Senate. - In House. - Passage of Bill. - Character of


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One of the most embarrassing 1st and 2d volumes of the Regissubjects which sell under the cog- ter. The Cherokees also residnizance of the new administration, ing in Georgia, however, refused related to the Indian tribes within to make any concessions, and dethe limits of States already ad- termined resolutely to adhere to mitted into the Union.

their rights and obligations, as In the Annual Register for the defined by the treaties already in years 1827-8-9

a full account force. Various efforts were made was given of the peculiar relations to induce them to depart from subsisting between those tribes this resolution, and the governand the State and Federal Gov- ment of Georgia was loud in its ernments. Some embarrassment threats in case the Federal Govhad grown out of the different ernment should not put the State views which lately began to be in possession of the Cherokee entertained of their territorial and country, of taking the matter into civil rights by the authorities of its own hands.

All attempts, Georgia and by those of the Uni- however, to persuade the Cheroted States; and a warm and an- kees to part with another acre of gry controversy, relative thereto, their territory proved ineffectua). had commenced in the latter part They declared that they had alof the administration of Mr Mon- ready reduced their limits within roe, which continued throughout reasonable bounds; that in the that of his successor. An account expectation of becoming a people, of the controversy respecting the they had relinquished their vaCreeks and of its final adjustment grant habits and devoted themby a treaty, will be found in the selves to agriculture, and to the

Vide page 69. Ib.

arts of civilized life. They had still continued to preserve their now accustoined themselves to hostile attitude. The Creeks and the utensils, the food and the hab- Cherokees, who were allies, its of the white man, needed threatened the frontier settlements many of his comforts and luxu- of Georgia and North Carolina, ries, professed his religion, spoke and as these States, especially the his language and had adopted his former, had undertaken to interlaws; they must advance or be- fere in an unauthorized nanner come extinct, and with this alter- with Indian affairs, Congress renative alone in view, they could fused to employ the arms of the not consent to stop short in their Confederacy to reduce them to progress in civilization and to put submission, unless the whole powtheir very existence at stake byer of establishing the terms of exchanging their cultivated coun- peace was acknowledged to betry for an unexplored wilderness. long to that body. A treaty was The expectation, therefore, of finally concluded at Hopewell, in obtaining possession of this coun- 1785, by which peace was retry through the agency of the stored, and the Cherokees were Federal Government was relin- received into the favor and

proquished. It had manifested a tection of the United States, upsincere desire to comply with the on certain conditions, viz: compact of 1802, in the letter

All prisoners and all property and spirit; and it was not pre- were to be restored. tended that an agreement to ex

The Indians acknowledged tinguish the Indian title' when it themselves to be under the procould be peaceably done on rea- tection of the United States and sonable terms, bound the Uni- of no other sovereign. ted States to resort to force. Be- Their hunting grounds within sides, the United States had en- the United States were defiatered into various treaties with this ed and a boundary line allottribe, which not only prevented ted; and it was agreed that if the Government from encroach- any person should attempt to seting upon its territory, but com- tle on those grounds, he should pelled it to protect them from the forfeit the protection of the Uniencroachments of others. This ted States and be subject to the Indian tribe formerly was a pow- laws of the Indians. Provision erful nation, occupying a large was made for the punishment tract of country in the western of offenders, for the regulation parts of Georgia, South and North of all Indian affairs by Congress Carolina, and extending over a and for the representation of large part of the old Mississippi the Cherokee Nation in that territory. During the revolution assembly by a deputy of its own they took part together with most choice. of the Indian tribes against tbe Peace, however, was not firmUnited States, and upon the con- ly established by this treaty. The clusion of peace with Great Brit- citizens of Georgia continued to ain, the great southwestern tribes encroach on the Cherokee terri

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tory, and after the adoption of the United States committing any Federal Constitution (which gave offence within the Cherokee terrijurisdiction over Indian commerce tory should be punished as if the

whole treaty-making same had been committed within power to Congress,) a treaty of the jurisdiction of the State or peace and friendship was made at District to which he may belong, Holston in 1791, by which the against a citizeu thereof.' ProCherokees acknowledged them- visions were also made for the selves to be under the protection improvement of the condition of of the United States and of no the tribe, and that they may be other sovereign, and stipulated led to a greater degree of civilizanot to make any treaty with any tion, and to become herdsmen and foreign power, individual State, cultivators, instead of remaining or individuals of any State. in a state of hunters;' and the Prisoners were surrendered and United States agreed to furnish a boundary line declared "be gratuitously implements of hustween the citizens of the United“ bandry and to aid them in their States and the Cherokee Nation,' progress towards civilization. and the United States, to extin- In 1798, a further cession of guish their claims to the land their territory was 'made by the north and east of the boundary treaty of Tellico; the annuity line, agreed to pay $1500 annu- was increased to $6000 and the ally to the Cherokee Nation, United States in the 6th article, which relinquished and ceded agreed to continue the guarantee their right to the said land; and the of the remainder of their country

! United States also agreed solemn- forever. Other treaties were

' ly to guaranty to the Cherokee subsequently made, modifying Nation all their lands not thereby from time to time the boundary ceded.' l: was further agreed that line; and one in 1816, permitting the citizens of the United States the citizens of the United States should have the free use of a road to navigate the rivers within the through that territory and of the Creek nation ; but these treaties navigation of the Tennessee Riv- did not in any respect alter the er; and that the United States relations subsisting between them should have the right of regulating and the United States. On the the Cherokee trade. It was fure contrary, all the former treaties ther stipulated that all citizen's were recognised and confirmed settling on the Cherokee land by a treaty made at Tellico in should forfeit the protection of the 1805, and by a treaty made in United Slates and be subject to 1817 at the Cherokee Agency, the Cherokee laws; that no citi- This latter treaty was made with zen of the United States should the view of enabling a part of the attempt to go into the Cherokee nation to emigrate beyond the country without a passport from a Mississipi, and all former treaties Governor of one of the States or between the United States and a person authorized by the Presi- the Cherokee nation were dent; and that any citizen of the pressly recognised by it and de


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