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266 records does it occur that the Indians who committed these “atrocities” were simply ejecting by force, and, in the contests arising from this forcible ejectment, killing men who had usurped and stolen their lands—lands ceded to them by the United States Government in a solemn treaty, of which the fifth Article was as follows:

“If any citizen of the United States or other person, not being an Indian, shall attempt to settle on any of the lands westward or southward of the said boundaries which are hereby allotted to the Indians for their hunting-grounds, or having already settled and will not remove from the same within six months after the ratification of this treaty, such person shall forfeit the protection of the United States, and the Indians may punish him or not as they please.”

It is evident that it is necessary to go back to the days of the first treaties with our Indians to possess ourselves of the first requisites for fair judgment of their conduct toward white men. What would a community of white men, situated precisely as these Cherokees were, have done? What did these very Southern colonists themselves do to Spaniards who encroached on their lands? Fought them; killed them; burnt their houses over their heads, and drove them into the sea!

In a later communication in the same year to the President, the Secretary says: “The disgraceful violation of the treaty of Hopewell with the Cherokees requires the serious consideration of Congress. If so direct and manifest contempt of the authority of the United States be suffered with impunity, it will be in vain to attempt to extend the arm of the Government to the frontiers. The Indian tribes can have no faith in such imbecile promises, and the lawless whites will ridicule a government which shall on paper only make Indian treaties and regulate Indian boundaries.”

The President, thus entreated, addressed himself to the Senate, and asked their advice. He recapitulated the facts as set