article 7. The United States solemnly guaranty to the Cherokee Nation all their lands not hereby ceded.The stipulations of this treaty were recognized, and their validity confirmed by the treaty of 1794, negotiated by Henry Knox, Secretary of War, “being authorized thereto by the President of the United States.” A further treaty, negotiated in 1798, under John Adams, recognized and ratified afresh all the obligations incurred, the guaranties given, by former treaties. Such stipulations continued to be made, at least down to 1817, when one was negotiated on our part by Andrew Jackson and others, again renewing and confirming to the Cherokees all former stipulations and guaranties. Still more: when, in 1814, the Treaty of Ghent was negotiated, whereby the war of 1812 with Great Britain was terminated, the British commissioners long and fairly insisted on including her Aboriginal allies in that war in the provisions and stipulations of the treaty, especially that which exacted a mutual restoration of all territories or places taken by one party from the other during the preceding contest. Our commissioners naturally demurred to this, preferring to insert an article which set forth the humane and benevolent principles whereby (as it alleged) our Government regulates its conduct toward the Indian tribes within our borders.1 And Mr. Clay, one of the negotiators of that treaty, declared, in his speech on the Cherokee Grievances in 1835, that the British commissioners would never have been satisfied with this, if they had understood that those tribes
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Article the Ninth. The United States of America engage to put an end, immediately after the ratification of the present treaty, to hostilities with all the tribes or nations of Indians with whom they may be at war at the time of such ratification; and forthwith to restore to such tribes or nations, respectively, all the possessions, rights, and privileges, which they may have enjoyed or been entitled to in one thousand eight hundred and eleven, previous to such hostilities. Provided always, That such tribes or nations shall agree to desist from all hostilities against the United States of America, their citizens and subjects, upon the ratification of the present treaty being notified to such tribes or nations, and shall so desist accordingly.
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