de to them. These have until now been rejected, and their rejection,
I have been induced to believe, has been owing more to the ascendency
acquired by individuals who are unwilling to go than to the deliberative
opinion of a majority of the Cherokee people. Some years since a form
of government was established among them, but since the extension of
the laws of Georgia and Alabama over them this government can have no
binding effect upon a great majority of them. Its obligation is also
denied by many of them in consequence of the continuance of certain
persons in power contrary to the principles of their fundamental
articles of association. A delegation from the persons claiming to hold
their authority under the former existing state of things is in this
city, and have communicated with the War Department on the subject of
their situation and removal. They deny the right of the persons who have
negotiated this treaty to perform such an act, and have remonstrated
against it. Copies of their communications are herewith transmitted.

The delegation who have signed the present treaty have produced an
authority from William Hicks, designating himself as principal chief,
and others, signing the same in an official capacity. It is understood
from the report of Major Currie, the enrolling agent, that public
notice was given to all persons desirous of emigrating to attend
upon a particular day and place in order to appoint representatives
to communicate with the Government and to arrange the terms of cession
and removal. In conformity with this notice a meeting was held and the
authority herein referred to was the result.

In consequence of this application John H. Eaton was appointed to meet
and confer with them and to report their views to the War Department.
These are embodied in the treaty which is presented to your
consideration.

Under these circumstances I submit the matter to the decision of the
Senate. The practice of the Government has not been very strict on the
subject of the authority of the persons negotiating treaties on the part
of the Indians. Sometimes it has been done by persons representing the
tribe and sometimes by the individuals composing it. 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 ratif