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Page 1 view page image
I received your letter of the 29th Ult. [Ultimo] last evening by mail. With respect to the salt Peter Cave at the mouth of Elk river on Dobleheads reserve /so called/ I will give you my view & conception of the rights claimed by the Cherokee s & by the Chickasaw s. Both these tribes have rights which have been admitted by the Government in their transactions with those people. The right to a very large tract of land including the [unclear: P ] Reserve was by an early treaty with the Cherokees to wit, at the Hopewell treaty in 1785 "allotted to the Cherokees for their hunting grounds" see articles 4th & 5th of that treaty. In 1794 9 years afterwards it appears that General Washington by an instrument which the Chickasaws call [unclear: their ] parchment declared or it amounts to this. that the same land belonged to the Chickasaws. The Cherokees complain that this was done by an [unclear: exparte ] representation of the Chickasaws. The Chickasaws also complain that the allotment in 1785 to the Cherokees the Commissioners were imposed on by an exparte Statement by the Cherokees then transactions perplexed [unclear: the rights of both their tribes ] and it is probable that both tribes may be charged with [unclear: exparte & unfair ] statements__ In order to remove their conflicting claims the Government bought in 1806 the Cherokee rights to the large tract in question. at the same time stipulating that the lands called Doubleheads reserve should be the Common property of the Cherokees then living on said reserve & two or three other Cherokees then [unclear: named & consented ] to have the conflicting claims [added: settled] in such manner as will be equitable & just and will [unclear: secure ] to the Cherokees the the title to the said Reservations" plural/ [added: because] there was a [unclear: reservation ] also for Melton & Hicks___ Page [2] view page image this was done by convention the The Chickasaws risk nothing by all these oscillations to the right & the left they are safe their right to the [unclear: sail [sale] or a just ] compensation therefore. their rights are not Page [3] view page image in the least impaired by all that has been done__ The Cherokees having by long possession held the small tract mentioned has undoubtedly a right to hold it untill [until] the matter shall be settled by the United States & the Chickasaws__ The United States hold both those tribes in esteem & will do justice between them The United States have bought the Cherokees title and must buy the title of the Chickasaws,_ On account of the early attempts to settle the respective boundaries of these tribes there were some misapprehension of their proper limits__ The United States act towards their tribes with justice and liberality, such as a good father would between his children By comparing the treaty of Hopewell in 1785, The parchment of General Washington in 1794. And the Convention of January _ _ _ 1806. it will be seen how the conflicting claims have arisen _ The faith of the Government is pledged to settle in a manner that will be just & equitable all this seeming, or real uncertainty & give each party their just rights
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