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This message was committed to the committee on commerce, the chairman of which (Mr Cambreleng) reported the next day a bill to authorize the President to suspend or to repeal by proclamation the acts of Congress of 1818,1820 and 1823, whenever he could be satisfied, that Great Britain would open the West India ports for an indefinite or a limited term to American vessels from the United States, subject to the same duties as British vessels from the United States, and that American vessels would be permitted to carry the produce of those islands to all countries except British possessions to which British vessels were permitted to carry it. The ports of the United States were then to be opened to British vessels from the colonies upon the same terms as American vessels.

This bill having been twice read, Mr Cambreleng moved a resolution requesting the President to communicate to the House such information concerning the state of the negotiation as he should think advisable.

This resolution was agreed to and in the afternoon a secret message was sent from the President communicating some information just received from the minister at London. This information was in substance an account of the progress of the negotiations. And it induced the Houses to pass the bill without delay 105 ayes, 28

nays.

The bill was then sent to the Senate, where it was also assented to, and having received the sanction of the President it became a law, and was forthwith commu

nicated to the British Government as an additional proof of the disposition of the American Government to relinquish the stand it had hitherto taken on this question, and the Secretary of State in his letter of June 18,1830, informing Mr McLane of its passage instructed him to so represent it to the British Government. It was so represented, and our minister in his letter to the Earl of Aberdeen of July 12th, declared, that the law conceded in its terms all the power in the regulation of the colonial trade to Great Britain, and that it authorized the President to confer on British vessels all those privileges, as well in the circuitous as the direct voyage, whch Great Britain had at any time demanded or desired.'

These concessions were at length deemed sufficient by the British Government; and on the 17th August, 1830, an answer was given by the Earl of Aberdeen, in which these concessions and abandonment of a principle long contended for, are specifically recapitulated, as if to preclude the United States from again insisting upon it; a construction put upon the late act of Congress agreeable to the views of Great Britain, an intimation given that the British government contemplated an augmentation of the duties on produce imported directly from the United States with the view of encouraging the importation through the northern colonies, and finally an assurance made that the carrying into effect of the law of Congress, would remove all difficulty in the way of the renewal of intercourse on the footing of the

act of Parliament of 1825. Upon the receipt of this answer at Washington, the President issued a proclamation dated October 5th, 1830, opening the ports of the United States to British vessels from all the British colonies on or near the North American continent, and declaring the acts of Congress of 1818, 1820 and 1823 absolutely repealed. The trade in British vessels accordingly at once commenced, and on the 5th, of November following, the British Government by an order of council opened the colonial ports to vessels of the United States.

The controversy was thus terminated,and although the principle of reciprocity was so far given up as to concede to Great Britain the circuitous voyage, as well as the right to encourage the indirect importation of American produce through the northern colonies by augmenting the duties on the direct importation, the United States on their part gained a participation in the direct intercourse upon terms of reciprocity, and the additional privilege of exporting goods from the British colonies to foreign countries. The controversy resulted substantially to the advantage of American interests although the principle contended for by Great Britain prevailed.

It indeed follows from the nature of things, that a system so entirely artificial as the colonial system, and so contrary to the interests of all American States can not be sustained without great difficulty and entirely at the expense of the colonial power. Experience has accordingly shown that restrictive measures have not been

able entirely to prevent commer cial intercourse between the colonies and the United States, and such is the advantageous position of an independent community, that where trade has been permitted, much the greater portion of it has been carried on in American vessels. When the direct intercourse is prohibited, the transportation to the Danish and Swedish Islands, through which importations of produce are made, is entirely confined to the tonnage of the United States; and when the direct trade is permitted, the greater proportion of it is engrossed by the same flag.

Even the discriminating duty in favor of importations from the northern colonies, unless so great as to be nearly prohibitory, can produce but little effect in diverting the trade from the direct route.

The system, however, is still persisted in by Great Britain; and directly after concluding the arrangement in question with the United States, the minister proposed an increase of nearly fifty per cent in the duties on American produce imported into the islands, and to permit their importation into the northern colonies without duty. The change in the ministry itself about that time prevented that measure from being carried into effect; and time alone can determine whether in case it should be adopted, it will be necessary for the United States to adopt other counteractive measures in place of those repealed by the Proclamation of the President for the protection of their 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 Bill.

ONE of the most embarrassing subjects which fell under the cognizance of the new administration, related to the Indian tribes within the limits of States already admitted into the Union.

In the Annual Register for the years 1827-8-9* a full account was given of the peculiar relations subsisting between those tribes and the State and Federal Governments. Some embarrassment had grown out of the different views which lately began to be entertained of their territorial and civil rights by the authorities of Georgia and by those of the United States; and a warm and angry controversy, relative thereto, had commenced in the latter part of the administration of Mr Monroe, which continued throughout that of his successor. An account of the controversy respecting the Creeks and of its final adjustment by a treaty, will be found in the

1st and 2d volumes of the Register. The Cherokees also residing in Georgia, however, refused to make any concessions, and determined resolutely to adhere to their rights and obligations, as defined by the treaties already in force. Various efforts were made to induce them to depart from this resolution, and the government of Georgia was loud in its threats in case the Federal Government should not put the State in possession of the Cherokee country, of taking the matter into its own hands. All attempts, however, to persuade the Cherokees to part with another acre of their territory proved ineffectual. They declared that they had already reduced their limits within reasonable bounds; that in the expectation of becoming a people, they had relinquished their vagrant habits and devoted themselves to agriculture, and to the

* Vide page 69. Ib.

arts of civilized life. They had now accustomed themselves to the utensils, the food and the habits of the white man, needed many of his comforts and luxuries, professed his religion, spoke his language and had adopted his laws; they must advance or become extinct, and with this alternative alone in view, they could not consent to stop short in their progress in civilization and to put their very existence at stake by exchanging their cultivated country for an unexplored wilderness. The expectation, therefore, of obtaining possession of this country through the agency of the Federal Government was relinquished. It had manifested a sincere desire to comply with the compact of 1802, in the letter and spirit; and it was not pretended that an agreement to extinguish the Indian title 'when it could be peaceably done on reasonable terms, bound the United States to resort to force. Besides, the United States had entered into various treaties with this tribe, which not only prevented the Government from encroaching upon its territory, but compelled it to protect them from the encroachments of others. This Indian tribe formerly was a powerful nation, occupying a large tract of country in the western parts of Georgia, South and North Carolina, and extending over a large part of the old Mississippi territory. During the revolution they took part together with most of the Indian tribes against the United States, and upon the conclusion of peace with Great Britain, the great southwestern tribes

still continued to preserve their hostile attitude. The Creeks and Cherokees, who were allies, threatened the frontier settlements of Georgia and North Carolina, and as these States, especially the former, had undertaken to interfere in an unauthorized manner with Indian affairs, Congress refused to employ the arms of the Confederacy to reduce them to submission, unless the whole power of establishing the terms of peace was acknowledged to belong to that body. A treaty was finally concluded at Hopewell, in 1785, by which peace was restored, and the Cherokees were received into the favor and protection of the United States, upon certain conditions, viz:

All prisoners and all property were to be restored.

The Indians acknowledged themselves to be under the protection of the United States and of no other sovereign.

Their hunting grounds within the United States were defined and a boundary line allotted; and it was agreed that if any person should attempt to settle on those grounds, he should forfeit the protection of the United States and be subject to the laws of the Indians. Provision was made for the punishment of offenders, for the regulation of all Indian affairs by Congress and for the representation of the Cherokee Nation in that assembly by a deputy of its own choice.

Peace, however, was not firmly established by this treaty. The citizens of Georgia continued to encroach on the Cherokee terri

tory, and after the adoption of the Federal Constitution (which gave jurisdiction over Indian commerce and the whole treaty-making power to Congress,) a treaty of peace and friendship was made at Holston in 1791, by which the Cherokees acknowledged themselves to be under the protection of the United States and of no other sovereign, and stipulated not to make any treaty with any foreign power, individual State, or individuals of any State. Prisoners were surrendered and a boundary line declared 'be tween the citizens of the United States and the Cherokee Nation,' and the United States, to extinguish their claims to the land north and east of the boundary line, agreed to pay $1500 annually to the Cherokee Nation, which relinquished and ceded their right to the said land; and the United States also agreed solemnly to guaranty to the Cherokee Nation all their lands not thereby ceded.' It was further agreed that the citizens of the United States should have the free use of a road through that territory and of the navigation of the Tennessee River; and that the United States should have the right of regulating the Cherokee trade. It was further stipulated that all citizens settling on the Cherokee land should forfeit the protection of the United Slates and be subject to the Cherokee laws; that no citizen of the United States should attempt to go into the Cherokee country without a passport from a Governor of one of the States or a person authorized by the President; and that any citizen of the

United States committing any offence within the Cherokee territory should be punished as if the same had been committed within the jurisdiction of the State or District to which he may belong, against a citizen thereof.' Provisions were also made for the improvement of the condition of the tribe, and that they may be led to a greater degree of civilization, and to become herdsmen and cultivators, instead of remaining in a state of hunters;' and the United States agreed to furnish gratuitously implements of husbandry and to aid them in their progress towards civilization.

In 1798, a further cession of their territory was made by the treaty of Tellico; the annuity was increased to $6000 and the United States in the 6th article, agreed to continue the guarantee of the remainder of their country forever.' Other treaties were subsequently made, modifying from time to time the boundary line; and one in 1816, permitting the citizens of the United States to navigate the rivers within the Creek nation; but these treaties did not in any respect alter the relations subsisting between them and the United States. Oh the contrary, all the former treaties were recognised and confirmed by a treaty made at Tellico in 1805, and by a treaty made in 1817 at the Cherokee Agency. This latter treaty was made with the view of enabling a part of the nation to emigrate beyond the Mississipi, and all former treaties between the United States and the Cherokee nation were expressly recognised by it and de

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