I am not aware that
a case similar in its features to the present has ever before required
the action of the Government. But, independently of the considerations
which so forcibly urge a settlement of this matter, no injustice can be
done to the Indians by the ratification of this treaty. It is expressly
provided that it will not be binding upon them till a majority has
assented to its stipulations. When that assent is given no one can
justly deny its obligation.
The Cherokees east of the Mississippi occupy a portion of the
territories of four States, to wit, Georgia, North Carolina, Tennessee,
and Alabama. The treaty provides that the communities inhabiting
those divisions shall each be considered as acting for themselves
independently of the others. We have frequently in our intercourse
with the Indians treated with different portions of the same tribe as
separate communities. Nor is there any injustice in this as long as they
are separated into divisions without any very strong bond of union, and
frequently with different interests and views. By requiring the assent
of a majority to any act which will bind them we insure the preservation
of a principle which will afford adequate security to their rights.
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