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The seventh article of the treaty concluded in 1791 with the Cherokees says： … 〃The United States solemnly guarantee to the Cherokee nation all their lands not hereby ceded。〃 The following article declared that if any citizen of the United States or other settler not of the Indian race should establish himself upon the territory of the Cherokees； the United States would withdraw their protection from that individual； and give him up to be punished as the Cherokee nation should think fit。＇
The Union treats the Indians with less cupidity and rigor than the policy of the several States； but the two governments are alike destitute of good faith。 The States extend what they are pleased to term the benefits of their laws to the Indians； with a belief that the tribes will recede rather than submit； and the central government； which promises a permanent refuge to these unhappy beings is well aware of its inability to secure it to them。 *y
＇Footnote y： This does not prevent them from promising in the most solemn manner to do so。 See the letter of the President addressed to the Creek Indians； March 23； 1829 （Proceedings of the Indian Board； in the city of New York； p。 5）： 〃Beyond the great river Mississippi； where a part of your nation has gone； your father has provided a country large enough for all of you； and he advises you to remove to it。 There your white brothers will not trouble you； they will have no claim to the land； and you can live upon it； you and all your children； as long as the grass grows； or the water runs； in peace and plenty。 It will be yours forever。〃
The Secretary of War； in a letter written to the Cherokees； April 18； 1829； （see the same work； p。 6）； declares to them that they cannot expect to retain possession of the lands at that time occupied by them； but gives them the most positive assurance of uninterrupted peace if they would remove beyond the Mississippi： as if the power which could not grant them protection then； would be able to afford it them hereafter！＇
Thus the tyranny of the States obliges the savages to retire； the Union； by its promises and resources； facilitates their retreat； and these measures tend to precisely the same end。 *z 〃By the will of our Father in Heaven； the Governor of the whole world；〃 said the Cherokees in their petition to Congress； *a 〃the red man of America has become small； and the white man great and renowned。 When the ancestors of the people of these United States first came to the shores of America they found the red man strong： though he was ignorant and savage； yet he received them kindly； and gave them dry land to rest their weary feet。 They met in peace； and shook hands in token of friendship。 Whatever the white man wanted and asked of the Indian； the latter willingly gave。 At that time the Indian was the lord； and the white man the suppliant。 But now the scene has changed。 The strength of the red man has become weakness。 As his neighbors increased in numbers his power became less and less； and now； of the many and powerful tribes who once covered these United States； only a few are to be seen … a few whom a sweeping pestilence has left。 The northern tribes； who were once so numerous and powerful； are now nearly extinct。 Thus it has happened to the red man of America。 Shall we； who are remnants； share the same fate？
＇Footnote z： To obtain a correct idea of the policy pursued by the several States and the Union with respect to the Indians； it is necessary to consult； 1st； 〃The Laws of the Colonial and State Governments relating to the Indian Inhabitants。〃 （See the Legislative Documents； 21st Congress； No。 319。） 2d； The Laws of the Union on the same subject； and especially that of March 30； 1802。 （See Story's 〃Laws of the United States。〃） 3d； The Report of Mr。 Cass； Secretary of War； relative to Indian Affairs； November 29； 1823。＇
＇Footnote a： December 18； 1829。＇
〃The land on which we stand we have received as an inheritance from our fathers； who possessed it from time immemorial； as a gift from our common Father in Heaven。 They bequeathed it to us as their children； and we have sacredly kept it； as containing the remains of our beloved men。 This right of inheritance we have never ceded nor ever forfeited。 Permit us to ask what better right can the people have to a country than the right of inheritance and immemorial peaceable possession？ We know it is said of late by the State of Georgia and by the Executive of the United States； that we have forfeited this right； but we think this is said gratuitously。 At what time have we made the forfeit？ What great crime have we committed； whereby we must forever be divested of our country and rights？ Was it when we were hostile to the United States； and took part with the King of Great Britain； during the struggle for independence？ If so； why was not this forfeiture declared in the first treaty of peace between the United States and our beloved men？ Why was not such an article as the following inserted in the treaty： … 'The United States give peace to the Cherokees； but； for the part they took in the late war； declare them to be but tenants at will； to be removed when the convenience of the States； within whose chartered limits they live； shall require it'？ That was the proper time to assume such a possession。 But it was not thought of； nor would our forefathers have agreed to any treaty whose tendency was to deprive them of their rights and their country。〃
Such is the language of the Indians： their assertions are true； their forebodings inevitable。 From whichever side we consider the destinies of the aborigines of North America； their calamities appear to be irremediable： if they continue barbarous； they are forced to retire； if they attempt to civilize their manners； the contact of a more civilized community subjects them to oppression and destitution。 They perish if they continue to wander from waste to waste； and if they attempt to settle they still must perish； the assistance of Europeans is necessary to instruct them； but the approach of Europeans corrupts and repels them into savage life； they refuse to change their habits as long as their solitudes are their own； and it is too late to change them when they are constrained to submit。
The Spaniards pursued the Indians with bloodhounds； like wild beasts； they sacked the New World with no more temper or compassion than a city taken by storm； but destruction must cease； and frenzy be stayed； the remnant of the Indian population which had escaped the massacre mixed with its conquerors； and adopted in the end their religion and their manners。 *b The conduct of the Americans of the United States towards the aborigines is characterized； on the other hand； by a singular attachment to the formalities of law。 Provided that the Indians retain their barbarous condition； the Americans take no part in their affairs； they treat them as independent nations； and do not possess themselves of their hunting grounds without a treaty of purchase； and if an Indian nation happens to be so encroached upon as to be unable to subsist upon its territory； they afford it brotherly assistance in transporting it to a grave sufficiently remote from the land