.MTA1OA.NzEzNTg

From Newberry Transcribe
Jump to navigation Jump to search

It will not be denied that the same power that Template:Unclear and imposed the obligation can alone dissolve it. How then the United States and the Cherokee Nation, the parties to the Treaty, who made the provision for the Reserves, which they unconditionally accepted, by any mutual or concurrent acts of theirs, even Template:Unclear them from their obligations of residing permanently on their reservations; and under the laws and jurisdiction of the several states in which they were located? They have not. But the serves say, the nation has again admitted them and that is enough. To this is sufficient to say that one party to a contract cannot absolve it at their pleasure, or Template:Unclear it. But more than this- the laws and acts of the Cherokee Nation as published under the direction of Mr. John Rof, himself, from 1817 to Nov 1829, are now before me; and no act of the kind appears in their present laws. And if there had been such an important act, the reserves who had the power in their own hands, would not have failed to hace published it. That the opinion above expressed in correct and accordance with the views of the Government, is evident from the following extracts from communications between Gov. McMinn, he Cherokee Agent, and one of the United States Commissioners, in the Treaty of 1817, and the Hon: J.C. Calhoun, Secr. of War, who made they Treaty of 1819, on the subject of a claim of Major Walker, a reserve, to some improvements on the site selected or the agency reserve. Gove. McMinn, in his letter of the 4th Sept. 1820, writes "In a former letter I mentioned to you that Maj. Walker would probably expect to receive something for what he conceives his interest in the site selected for the Agency: I have since conversed with him : He would not say what, Template:Unclear whether any thing- and only replied to me "Take possession." He has no legal claim; being now a citizen of the United States, but, perhaps it might be well to let him have something." To which the Hon: J.C. Calhoun, Secr. of War, Template:Unclear