sitation at entering minutely into this part of our investi- ther such a measure would not be just in itself, as alleviatgation, lest it might bear the appearance of an unwarrant- ing the anxieties of parents and guardians, and also expeed distrust of the superintendent and the academic staff; dient, as having a tendency to prevent or remove such but, considering the Department of War and the country prejudices against the academy as have been excited in at large have a right to full and explicit information upon the minds of those to whom the information of the serious this, as upon every other point connected with the man- delinquency of their children or wards has been communiagement of the Academy, and that the Board of Visiters cated without previous warning. are sent here for the purpose of obtaining and communi- 3d. Fiscal concerns.-We have not been less diligent cating this information, we esteemed ourselves under obli- and minute in our inquiries under this head, than under gation to proceed. We regard it as no more than justice those which have preceded; on the contrary, if investigato the superintendent to say, that, so far from having any tions have been more thorough upon any one point than unwillingness to being interrogated upon this head, he so- upon another, they have taken place upon that now under licited, in the most frank and honorable manner, a full and consideration. Having learned that the attention of preminute inquiry. He made a lucid statement of the prin-vious Boards had not been specially called to this subject, ciples upon which every part of the discipline of the aca- we thought that a time had arrived when, with advantage demy is conducted, and also exhibited the books and re- to the service, and with satisfaction to those particularly gisters in which all the proceedings relating to it are pre- concerned, and to the country generally, the fiscal conserved. These we examined, and asked and received full cerns of the Academy, not only for the past year, but for information upon every point which required elucidation. a number of years, might be thoroughly examined. The deliberate judgment at which we have arrived is, that We have visited the office of the quartermaster, and, as no discipline could be established upon sounder princi- far as his department is connected with the Academy, (and ples, nor administered with greater kindness, discrimina- to this only could our attention be directed with proprietion, justice, and decision, than that of the Military Aca- ty,) we are fully satisfied that it is well conducted; the demy at West Point. Certain rules for conferring appro- system by which the various books are kept is very combation or administering reproof are laid down, well known, plete; and we have no opinion to express but that of entire and understood by the corps of cadets. It is believed approbation. The office of the treasurer and paymaster to be impossible that any one of them should fall under more fully employed our attention, as in this office are censure without having had previous and ample warning. kept the accounts of expenditure amongst the cadets, and Whether or not the custom of instituting courts martial of receipts and disbursements relating particularly to West to try the cadets for certain offences, should be continued, Point. We will first express, in general terms, not simor, whether it would not be better to give this authority ply our approbation, but our admiration of the accuracy entirely to the academic staff, we are not prepared to ex-and neatness with which the whole business of this office press a sentiment. We have no hesitation, however, in is conducted. In the circular letter received from the Segiving the decided opinion, that sentences passed, after a cretary of War by the members of the Board, it is suggestfull and impartial investigation, should be sustained; and, ed to inquire particularly into the fiscal concerns of the that a case must be extreme, indeed, to warrant its being Academy: as, however, the receipt and disbursement of suspended or reversed. We are satisfied that such occur- the pay of the cadets, and of other appropriations made rences have a tendency to weaken discipline, and bring by Congress, is regularly examined in another quarter, wholesome authority into contempt, and that if frequently we supposed that it was principally incumbent upon us repeated they would produce effects the most injurious to to examine relatively to the moneys which might arise the true interests of the Academy. from the property of the United States at the Point itself.

There is in successful operation a very thorough system As regards the cadets, their accounts are kept with great of classifying the cadets, and registering their relative precision; they have to pass such repeated examination, standing, both as it respects general deportment and pro- and are so effectually checked, that it seems hardly within ficiency in the various studies. This information is trans- the limit of possibility that any individual of the corps mitted to the Department of War, in the former case, should suffer loss, or be permitted to indulge in extravaevery month, and, in the latter case, every week. By gance. Each one has a pass book, being a transcript of this effective and judicious system, the public authori- his account on the books of the office; he has, also, a simities are almost as fully and minutely informed of the re-lar book for his running account with the different tradeslative merits of the cadets, and of the general condition people. No bill is discharged unless it has the signature of the national school, as they could be were it establish- of the cadet himself, in testimony of its correctness; nor ed at the seat of Government. The only suggestion can he procure any article of dress, or otherwise, except which the committee has to offer, under this head, is, by express permission, under the hand of the superintendthat, if practicable, the parents and guardians of young ent. We were fully satisfied in these particulars. Our men at the Academy, should have official information con- attention was then directed to the state of the public procerning their conduct and standing at stated periods, and perty at this post. We found in the books accounts openespecially that timely warning should be given when cadets ed with two different funds, called the land fund and the exhibit a tendency to such neglect of study, or irregularity school fund. The former was commenced by virtue of of deportment, as will subject them to censure, or such authority derived from the Secretary of War, and communatural incapacity as renders them unfit to receive the nicated to the superintendent from the Engineer Departpublic patronage. We are satisfied that, whenever such ment, in a letter from General Macomb, bearing date Deinformation has been requested by parents or guardians, cember 20, 1822. It appears that the present superintenit has been given by the superintendent promptly and dent, finding that a considerable saving might be made of frankly. But, if given universally and statedly, it would small amounts derived from the public domain, which had impose upon the superintendent an amount of correspond- previously been lost or thrown into the treasury without ence which, in addition to his other weighty and responsi-discrimination, suggested to the Engineer Department the ble duties, it would be next to impossible to execute, even expediency of raising a fund from the same. The idea under the impulse of his well known and devoted zeal to was communicated to the Secretary of War, was approved the best interests of the Academy. If the present sugges- by him, and the superintendent duly authorized to make tion then be entertained, some general plans must be the proceeds arising from the public domain at West Point, adopted for carrying it into effect, and the superintendent by selling wood, hoop poles, &c. &c. a separate fund, to must have the requisite assistance. It may be worthy of be applied to the benefit of the institution. From this the serious consideration of the Department of War, whe-source, and from the rent of certain public buildings occuVOL. VII.--G

pied by persons living at West Point, this fund was accu- the land fund and the school fund have been raised and mulated. We examined the books relating to its very increased by the exercise of strict economy, and have been origin, and followed up the accounts to the present period. disbursed for valuable and substantial improvements, with We believe that every single article of receipt and expen- good taste and sound judgment.

diture came under our notice and inspection. The wood Having, as you will perceive by the preceding review, was sold to persons who, under contracts regularly enter- minutely examined the police and fiscal departments of ed into, and communicated to the Engineer Department, the institution, we consider it due to the gentlemen filling bought it on condition of receiving half the proceeds for these departments, to express our unanimous and warm cutting it down and carrying it to market. These pro- approbation of the system, order, and efficiency, with which ceeds are regularly entered in the books. In some in- the duties of the military staff of the post are discharged. stances this wood was purchased from the contractors by We have the satisfaction of declaring that, after a pathe quartermaster for the United States' service, and upon tient and minute investigation of the internal police, the reasonable terms. On this point we have to observe, that discipline, and the fiscal concerns of the Military Acadethe fuel purchased for the use of the station, during the my at West Point, we find nothing to disapprove, little to administration of the present superintendent, has been suggest, and very much to commend. procured upon terms considerably more favorable than at Warfare, commencing on the ferocious onset of savage any previous period. By strict economy and good manage- barbarians, rose gradually with civilization into an art, and, ment the amount of sixteen thousand three hundred and since the invention of gunpowder, has assumed the dignity forty-six dollars and eighty-four cents has thus been secured of a science, based upon mathematics and natural philosoto the United States. It has been expended in erecting phy. As such it is treated at West Point. Without a kitchen to be attached to the cadet's mess room; in con- troubling you with a detail of the numerous ramifications structing barracks, which were much needed for the mu-through which the study is followed, we shall only state sicians of the band; and the balance, of eight thousand se- that we have heard with interest and pleasure a very proven hundred and thirteen dollars, has been appropriated tracted examination upon all the leading topics of algebra, to building the hotel above mentioned. surveying, shades and shadows, perspective, spherical proThe school fund has been raised from the profits ac- jections, and the calculi. These, with a long list of other cruing from the sutler's establishment. It has been ex-performances, form a mathematical exercise, surpassing pended in erecting two school houses, and in partly main-in extent and accuracy the course (we believe) of any taining teachers for the children of the soldiers upon the other academic institution. While we pay a merited triPoint, and others connected with the public service. Abute to the learning and assiduity of the preceptors, and small amount of this fund has been transferred, for a time, the talent and diligence of the pupils, we must remark to the land fund; but is to be returned when the charge that this appears to us a pursuit of somewhat all-engrossfor building the hotel is liquidated.

ing character. To a certain extent, mathematics are inThe station at West Point has been greatly benefited dispensable, and must occupy much time, but beyond that in several respects, and especially by the erection of a large, universal test, utility, we think they ought to give place commodious, and handsome hotel, which commands the to studies of equal importance. Mechanics, optics, elecunited approbation of all who have seen it, and which tricity, astronomy, and other branches of natural philosoevery person, at all acquainted with the situation, regards phy, next occupied our attention; and we consider them as having been a measure of indispensable necessity. The taught with a success as great as possible with a very limitwhole cost of the hotel is seventeen thousand two hundred ed apparatus. Considering the high importance of these and twenty-six dollars and twelve cents; of this sum, five subjects, an appropriation for this specific purpose would thousand eight hundred and ninety-five dollars and thirty- be well judged liberality. seven cents are yet unpaid. This balance, however, is We think that some modifications might be beneficially rapidly decreasing by the proceeds of the land fund, and adopted in the apportionment of attention allotted to each the rent of the hotel. When this balance shall have been branch of study. Mathematics are indisputably the basis entirely liquidated, the whole rent of the hotel, which can of military science, and we would by no means disparage never be less than one thousand dollars per annum, and a branch of study of such pre-eminent importance. But perhaps more, will be available to meet expenditures for mathematics are not the alpha and omega of the art of the post schools, the library of the academy, and for other war. Few minds are competent to grasp, and still fewer valuable objects connected with it. From this statement to carry into their highest application, the recondite proit will be obvious that no common degree of credit is due positions of that science. Nor is this probably requisite. to the superintendent, for his watchful care over the pub-To a certain extent, such inquiries are of paramount im lic interests, and for the good judgment with which they portance; but we doubt whether it be essential to the forhave been managed. For these important objects the mation of an efficient officer, that he be able to solve every Government has not been called upon to make a single question on the equation of osculatory circles. Let full appropriation, nor have been exposed to any expense scope be still afforded to genius of this species, as often as whatever. The whole has been accomplished by a rigid it is discovered, and, when sufficiently matured, let its economy of resources which might have disappeared by claims be allowed a preference in the engineer and artil neglect, without the knowledge of any one, and which in lery corps; but let us not destroy talent, in its other beausome degree had disappeared, until arrangements were tiful and useful forms, by clipping it into triangles and made by the present superintendent to preserve and in-parallelograms. There are other qualifications of the citicrease them, until they amounted to a fund adequate to zen) warrior, characters never to be separated,) to which we the accomplishment of the above valuable purposes. recommend increased attention; convinced, as we are, that, We therefore cannot satisfy our feelings without ex-in the conduct of war, genius of the highest order frepressing our unqualified approbation of the faithful and quently exists, without that peculiar bent which leads to judicious con luct of the superintendent. We would es-excellence in mathematics.

teem it an insult to his well earned and well sustained re- Destined to become depositaries of a power, in its nature putation, as a gentleman and a man of honor, to give him arbitrary, ought not these interesting youths to be early our public meed of approbation for his integrity in con- taught to appreciate the principles, and venerate the auducting these measures. This can never for a moment be thority of law; and through the kindly medium of philosoimpeached, from any quarter reputable in itself or deserv-phy, to view their duties and relations towards friends and ing notice, from its information upon the subject. We, country? Circumscribed by quarters, garrisons, and camps, however, with propriety, can repeat our judgment, that ought not the studies of language and literature to afford

them, in the pursuits of cultivated taste, some refuge from prolonged to five years. A union of the first and last of the tedium of indolence, or the excitements of conviviality? these alternatives might be salutary, and would grant an Are history and geography as nothing amongst the quali- additional hour daily for those exercises, on which the fications of an accomplished soldier? Under such impres- bodily, nay, mental vigor of youth, so essentially desions, we have passed, with undiminished interest, from pend. Perhaps a school for preparing boys, during one the laws of matter and motion, to the mental fields of ethics, year before their admission to the rank of cadet, would rhetoric, and language. Upon international law, as well meet every difficulty--care being taken to admit none as upon the spirit, provisions, and operation of the federal whose extreme youth renders it improbable that they can constitution, the cadets have exhibited a very competent readily imbibe instruction. Sixteen years seems the lowknowledge; but this branch might be pushed with advan- est age at which a boy should be admitted as cadet. tage into a much wider inquiry-the philosophy of govern- Considering the disadvantages under which the department in its elements, and political economy in its adminis- ment of chemistry labors, the examination upon that science tration. In ethics, the answers were accurate, spirited, and military pyrotechny, was creditable alike to the inand gave earnest that their duties, as men and citizens, structors and pupils. Not only the room appropriated for are well understood. We find no fault with the selection this department, but the chemical products and materials of words, the turn of expression, or the grammatical con- are insufficient; and these pursuits are of importance sufstruction, under which ideas were expressed; yet some ficient to merit increased consideration. A permanent little attention might be directed to these particulars. In professor, with adequate rank and emolument, additional the place of rhetoric, there is a chasm to be filled up, as rooms, and an increased apparatus, should be allowed: far as any useful purposes demand, with a very succinct the value of these three requisitions being in the order course. Facility and grace in English composition are in which we state them.

the results of habit; and young men ought to be exercised The application of mineralogy and geology to the "art in committing their thoughts to paper. We therefore re-militaire," may not be of indispensable importance; but commend, that subjects for short essays be given weekly if a large portion of the cadets are destined to act as civil to students of the first class. engineers, and to assist in developing the natural resources Although the dead languages may not form an object of of the country, then these sciences assume a new asprimary importance, nevertheless they whose previous pect. Some of us have seen beds of the most valuable education had proceeded upon this basis, ought not to be minerals, which had lain neglected and unknown, brought suffered to throw away acquirements costing so much time. [to light and utility by the cursory survey of a well eduGreek may be superfluous, but, following the example of cated engineer. English military schools, Latin, if known, ought not to be The senior class of the cadets was exercised in cannon forgotten. and mortar firing; their shot and shells were thrown with Our institutions contemplate the soldier as something surprising accuracy, and could scarcely have been excelbetter than a mere machine for fracturing human limbs. led by veteran gunners. The whole corps was carried Peace is the genius and natural state of the American Gov-through a series of artillery and infantry evolutions, and ernment; war is only an exception to the general rule: the performed all its movements with a readiness and precision cadets ought, therefore, to be trained to maintain their which evinced thorough instruction, practically as well as rank in civil as well as military life. But this cannot be theoretically. The muscular steadiness and machine like accomplished without some school library of cheap edi-uniformity of a disciplined regiment are unattainable by tions of English classical, historical, and miscellaneous youthful limbs, but in their celerity and accuracy of moveworks, which might be made to circulate. A slight ment are visible the elements of future proficiency. Almonthly examination in geography and history would though divested of much of the pomp and circumstance enable the professor to give proper direction to this branch. of war, the general effect was truly military. Having reAnother difficulty is here encountered. No professor viewed the pupils, we now turn to the preceptors; and can thoroughly discuss his subject without reference to the first consideration which presents itself is the vital authorities, and no student can successfully follow a chain importance of commanding the services of men qualified of reasoning, if all inquiry be limited within the narrow in the highest degree. In this happy country the field precincts of a text book. At every step collateral views is unbounded for the employment of talent and industry; arise, which cannot be pursued without access to a libra- and if any institution refuse an adequate remuneration, ry--an arsenal, which ought to contain every intellectual others are ready to attract able men by more liberal offers. weapon. A library there is, rich in all that regards mili- In this respect, there is ground to apprehend a deterioratary or physical science; but we seek in vain for the vo- tion subversive of the credit and value of the Academy. lumes of intellectual knowledge. The professor has done While the institution at West Point exacts duties more much, but he has done it from private funds; and we sub-extensive and more harassing than perhaps any other semmit whether public liberality should not afford a small ap- inary, we are constrained to say that the emoluments of propriation for books on moral and literary topics. To its instructors are below the general scale. Of these read the French with tolerable distinctness, and to trans- truths a practical illustration arose before us in the distinlate it with facility, are, perhaps, all that is necessary in guished professor of engineering, who, it is probable, that language; and these objects have been successfully quits the establishment for the employment of a private pursued. Accurate pronunciation and ready expression company. can only be acquired by long intercourse with natives, A short inquiry will satisfy you on these points, as well and are neither absolutely requisite nor entirely attainable for the increase, as for the equalization of salaries. Here at the Academy; but, as the language is taught by the let us add, that, after a strict inquiry into the manner in most competent instructors, such increased attention to which the authority of the superintendent is exercised pronunciation as will not materially augment the time con- over the cadets, the Board is gratified to find that authorsumed in the study, is deemed expedient. ity administered in a manner as parental and indulgent as would comport with a proper enforcement of the laws of the academy, and with the true interest of the pupil. In this point of view, as well as in all others, the United States have been peculiarly fortunate in the gentleman who presides over the institution.

Having recommended some extension of the scheme of instruction, we naturally look for the means by which it can be accomplished. The cadets are already tasked to the extreme of their powers, and it would be unreasonable to impose additional studies, unless some modification be adopted in the mathematical department, or higher If health and vigor be necessary to the prosecution of qualifications be exacted for admission, or the course be any object, it is peculiarly indispensable that the early

All of which is respectfully submitted.

training of a soldier should conduce to the primary quali- in your control, you will render one of the best services ties of endurance, strength, activity, and hardihood. While to your country which your high trust can enable you to we pay a tribute of applause to the mental discipline of perform. The extension of its benefits, either by the enthe Academy, we think that the zeal of science has over- largement of the capacity and resources of this school, looked somewhat of the attention due to that homely adage or by the establishment of a second, in a different and disthat a sound body is most frequently the domicil of a sound tant part of the Union, would be one of the most substanmind. We would therefore renew the recommendation tial public benefits which could mark your distinguished to a former Board, that provision be made for proper in- administration, or be conferred upon our country by the struction in horsemanship, and that increased attention be National Councils. directed to the exercise of the sword. These are parts of a regular training in many private academies, and seem peculiarly indispensable in a military establishment. It may be true that most boys can ride and handle a weapon with tolerable dexterity; but the fate of a battle frequently depends upon the horsemanship of an aid-de-camp; and an officer's only weapon of offence and defence is his sword; and we submit, that qualities upon which may frequently depend the success of an operation, or the life of an individual, ought not to be left to the hazard and awkwardness of self instruction. These are attainable in perfection only by the flexible muscles of youth, and might be so arranged as to form a healthy relaxation from sedentary occupations. We therefore recommend that a building be erected for horsemanship, the sword, and gymnas tic exercises. Eight thousand dollars appear to us an indispensable provision for that object.

In this place we may cursorily remark, that, for a situation so highly favored by nature, and intended to become one of our monuments of national greatness, some architectural design is much wanted. When a new building is To erected, it should be upon a site and after some model which may form part of a general effect; whereas, under the present system, the eye is greeted only by the appearance of a somewhat irregular village.

past.

MONTFORD STOKES, North Carolina.
President of the Board.
JOHN M. WAINWRIGHT, New York.
JAMES M. MASON, Virginia.
JOHN TOWNSEND, New York.
JAMES SHANNON, Kentucky.

W. W. SEATON, City of Washington.
WM. G. DICKENSON, Tennessee.
SPENCER PETTIS, Missouri.
FRANKLIN BACHE, Pennsylvania.
SAMUEL EDWARDS, Pennsylvania.
S. FINDLAY, Kentucky.
S. STEELE, Kentucky.

GEO. P. MCCULLOCH, New Jersey,
Secretary of the Board.

MEMORIAL OF THE CHEROKEE INDIANS. PRESENTED TO CONGRESS JANUARY 18, 1831. the Honorable Senate and House of Representatives of the United States of America in Congress assembled. The memorial of the undersigned, delegation from the Cherokee nation east of the Mississippi, thereto especially instructed by their nation, respectfully showeth West Point is an academy strictly national, founded for unto your honorable bodies the afflictive grievances which the benefit, and supported by the liberality of the people it has been their unhappy fate to endure for some time at large. We have scrutinized with jealousy, and perceived no ground for insinuating that the distribution of They would respectfully call your attention to the mecadetships is the appendage of power or the tool of political morials submitted before you during the last session of patrorage. Yet it must not be concealed that from such Congress, embracing subjects of great importance to the a prejudice, widely disseminated, has originated much of interests and welfare of their people; some of which they the dissatisfaction manifested towards the institution. An beg leave, at this time, again to repeat.. evident method presents itself to obviate such objections, The State of Georgia, in its earnest desire to acquire and place the establishment upon its proper popular basis. the extent of her chartered limits, set forth a claim to a Let a youth be selected from cach Congressional district, large portion of Cherokee lands, as having been pura bona fide inhabitant within that geographical circle, and chased under the treaty of the Indian Springs, made with in all cases never to be replaced but by one similarly quali- the Creek nation, and which, it is well known, was renfied. But a wide margin should be left for the sons of de- dered null and void by a subsequent treaty, entered into ceased officers and the discretion of the War Department. in 1826, in this city, with the same nation. Under the Let this be represented by two cadets from each State authority of said State, a line has been run by commisand territory. Thus the Academy will form a portrait of sioners, comprehending more than a million of acres of Congress; the distributions will be in the same ratio as land, lying north of the established boundary between the our population; every portion of our country, however Cherokee and Creek nations, and to which the latter disremote, will enjoy a fair share of its benefits, and general avowed any pretension of right, claim, or interest. The justice and satisfaction will be felt. subject was brought before the President of the United We shall not descend from general remarks to minute States, who has caused a third line to be established, nedetails; but we should do injustice to the Academic Staff, ver contended for by any of the parties, and unauthorized and to the various departments, civil and military, of this by any existing treaty with either nation, though officially noble institution, and an equal violence to our own feel- declared shall be the line between the lands ceded by the ings, were we to close without expressing, in broad and Creeks in 1826 to the United States, and the Cherounqualified terms, our sense of the fidelity, diligence, and kees. On the portion of territory we have thus been deability, with which their respective avocations are con-prived of, were the houses and homes of many Cherokees, ducted. Such preceptors and such pupils are worthy who have been compelled to leave them, with the farms each of the other. Nor is this a scanty praise. We see be- that afforded their families subsistence. "The tract of fore us the flower of American youth, the guardians of land," says Governor Gilmer, in his late message, “from their country in war, its ornaments in peace, congregated which the Cherokees have been removed by order of the from every region of our wide-spread republic, the des- President, is supposed to contain four hundred and sixtytined warriors and statesmen of a future generation. May four thousand six hundred and forty-six acres, and now the friendships of their early life grow into ligaments bind- subject to be disposed of," &c. From the decision of the ing together the giant members of our confederation, and President on this subject of boundary, your memorialists, giving perpetuity to those political institutions which form in behalf of their nation, beg leave to appeal, and to the best earthly hope of man! question the legal and constitutional powers of the Chief Magistrate to change or alter, in any manner, the estab

In fostering this institution by all the means placed with

lished line between the Cherokees and Creeks, without arrangement to affect our rights contrary to the will of the their consent. A difference of opinion had arisen in 1801, nation, and also against the introduction and continuance between the same nations, relative to a certain part of of a population in our country, so detrimental to the their boundary; and when the subject was introduced at interests and peace of our citizens, the security of their the War Department by a deputation of Cherokee chiefs, persons and property from insults and outrage; and so utand the interference of the Government solicited, the fol- terly at variance with the plighted faith of this Governlowing reply was given by direction of President Jeffer- ment, for our territorial protection and promise of good son: "It will be very difficult for the President to ascer- neighborhood. tain the lines between the several countries of the red It is further contended by the Executive, that the Unitpeople. They must settle all such controversies among ed States have acquired a title to lands within the present themselves. If you cannot agree, how shall we be able acknowledged bounds of the nation, under the seventh to decide correctly. [See minutes of conferences holden article of the treaty of 1817 with the Cherokees, which at the War Office, between the Secretary for the Depart- stipulated that the United States should lease to the Inment of War, on behalf of the United States, and a depu- dians improvements that had been abandoned by emitation from the Cherokee nation of Indians, on behalf of grants, and who had received compensation for the benthe said nation, on the 30th of June and 3d of July, 1801.]efit of the poor and decrepit warriors" of the naDuring the administration of the same eminent lawyer and tion, and which was to be continued until such improvestatesman, the treaty of 1806 was made with the Chero- ments were "surrendered by the nation or to the nakees, by the third article of which the right of Indian na- tion." By the treaty of 1819, the leases under that tions is admitted, to settle and determine questions of of 1817 were declared void, which is of itself sufficient boundary among themselves, viz: "It is also agreed on evidence of a surrender to the nation of all such imthe part of the United States, that the Government there-provements as fell within its limits agreeably to the of will use its influence and best endeavors to prevail on boundary then established; and it is moreover declared, the Chickasaw nation of Indians to agree to the following that the treaty of 1819 is a final adjustment of the treaty of boundary between that nation and the Cherokees," &c. 1817, and the lands then ceded to the United States are in "But it is understood by the contracting parties, that the full satisfaction of all claims which the United States have United States do not engage to have the aforesaid boun- on that nation on account of a cession of lands on the Ardary established, but only to prevail on the Chickasaw kansas, for the benefit of the emigrating Cherokees; yet a nation to consent to such a boundary between the two claim has been asserted by the Executive, on the part of nations." By these references, we believe the position the United States, to a title to lands within our present of our nation to be fully and clearly sustained; and that bounds, acquired under an article in the treaty of 1817, its agreement with the Creek nation in 1821, on this sub- which, by the treaty of 1819, was rendered void, and funy ject, is binding to all intents and purposes, and that the satisfied, which, it is said, enure to the benefit of Georgia, sanction of this Government was not essential thereto, to and is made another plea to allow intrusions. Added to make it so; and that they alone, by voluntary surrender all these are many other intruders, who, without any other of their lands, have the right to alter that boundary. pretext than to trespass upon our possessions and our By the treaty made with the Arkansas Cherokees in rights, contrary to existing laws, are allowed to annoy and 1828, inducements were held out to the individuals of our harass our peaceable citizens to an almost insufferable denation to remove west of the Mississippi, and join their gree. In many instances they have by violence forced the brethren, who had withdrawn from their connexion with natives out of their houses, and taken possession; while us in 1817 and 1819, and established for themselves a se- others, less daring, have erected buildings for their own parate and distinct Government, thereby absolving all the use, upon the premises of the objects of their oppression. political relationship which had previously existed as citi- The frequent complaints made through the agent, and zens of the same community. That treaty was never pre- otherwise, to the Government, failed to produce the desented to the authority of our nation for its assent, nor sired relief from circumstances so well calculated to prothe right of the Arkansas Cherokees ever admitted to in- duce excitement and disturbance between the whites and terfere with, or affect, in any manner, the rights and in-the red people. To such an alarming extent had intruterests of our people. Under its provisions, however, sion been indulged, that the authority of the nation, relyindividuals have been induced to emigrate; and, in pursuing on an article of treaty, and the former advice of the ance of the stipulation contained in one of the articles, present Chief Magistrate of the United States, when a that the Government would make to every individual so General of the southern division of the United States' emigrating "a just compensation for the property he may army removed a few families who had penetrated far into abandon," appraisers were appointed by the President, the country, and of the most exceptionable character--a who has extended the term "property abandoned" to measure demanded by the security of the persons and embrace the houses, farms, and lands upon which situated, property of the Cherokees. It was seized upon and declaimed by emigrants, and who have valued, agreeably to clared a hostile movement, and an armed band of intrudinstructions, the improvements so claimed or occupied by ers, in retaliation, wreaked their vengeance upon a few them; and it is now contended that the United States have peaceable individuals. One was cruelly murdered, anacquired a title to the lands as well as to the improve-other wounded, and a third led a prisoner into Georgia, ments valued, and permission given by the Executive to and thrown into jail, whence he was subsequently recitizens of the United States to enter the nation, and oc- leased, after much trouble, by a writ of habeas corpus. cupy them to the exclusion of the natives. The lands A report of these transactions was made to the Governare, it is well known, not held in severalty by the Chero- ment by the United States' Agent, which, however, rekees, but as a nation; and this right has been solemnly sulted only in calling forth language of exception against guarantied to them by treaty with the United States. The our chiefs; and the perpetrators of the murder are still right of individuals to cede or transfer any portion of trespassing, in open day, upon our rights and our territheir territory has never been admitted, either by them-tory, which has drank the blood of an innocent victim to selves or the Government; and in point of justice and their outrages. During the past summer, the United law, all such citizens of the United States who have thus States' troops were ordered into the nation, as we believe, been permitted to enter and settle upon the territory, are for the purpose of redeeming the pledges of the Governintruders, and the faith of this Government is pledged for ment for our protection; they removed the intruders, who their removal. We protest against the right of the Ar- had flocked in thousands to our gold mines, and a few also kansas Cherokees, or the Government, to enter into any lalong the frontier settlements; many, however, were not