1830.]

MEMORIAL IN BEHALF OF THE CHEROKEES.

61

ceded to the United States, under prescribed limits and stipulations, rights of way thro' their territories, streams, and water courses, thus conclusively proving that up to this period the United States or any of their citizens, so far from possessing any lawful claim to ownership or occupancy of the Indian lands, had not, nor could not, obtain even a right of passage except by treaty and re-hunting game, or allowing his cattle to feed upon the linquishment.

tion cast of the Mississippi. Still further to protect the Indians in the entire right, perpetual occupancy, and undisturbed possession of their lands, part of a law of the United States formerly enacted, is now by treaty stipulation made forever operative. This law imposes fine and imprisonment on any citizen of the U. States Indian lands. It prohibits settlements, or even attempts at survey, or marking trees, upon any of the Indian territories: empowering the President of the United States to employ military force in removing any persons at tempting "to make settlement thereon,"

This law by treaty became a sovereign law of the land, never to be altered or rescinded but by the consent of both parties to the compact by which it was enforced and in which it is incorporated.

The next treaty was one, in the formation of which, the present Chief Magistrate of the United States acted as a commissioner, and was negotiated at the Chickasaw Council House, in the year 1816. It plainly sets forth that the Cherokees were yet considered as a free people, the treaty is not to be binding without their ratification in council, and it is stated in the title to be a treaty to perpetuate peace and friendship between the United States and the Cherokee tribe or nation of From the testimony of a series of Treaties, concludIndians, and to remove all future causes of dissentioned under the sanction of the first five Presidents of the which may arise from indefinite territorial boundaries." Cessions of land, and indemnities in money and annuities, by the United States, form some of the articles of the treaty. In 1817, commissioners (of whom the same distinguished individual was one) negotiated with the Cherokees a very important treaty. Part of the nation was desirous of emigrating from their old territory into the country west of the Mississippi, and various arrangements tending to their safe removal, and payment for the improvements on their lands thereby relinquished and ceded in exchange for western territory, were agreed to. But the most important part of the compact, relates to that portion of the nation which remained upon the inheritance of their fathers, inasmuch as it clearly shows that they were recognized once more in solemn treaty as a free people, to be governed by their own laws and customs, and to be preserved upon their own lands, until they should yield to the United States, the soil and the right of complete sovereignty over it, by free consent and fair agreement.

United States, ratified by the ablest statesmen that have ever sat in out national councils, and extending in point of time from the adoption of the Federal Constitution, down to a late period, your memorialists conceive that they have conclusively demonstrated that the United States of America have guaranteed in the most solemn manner to the Cherokee Nation, in the first place-the entire title―undisturbed possession-and complete enjoyment of all their lands not specifically ceded, except so far as these natural rights may have been modified, or relinquished by written agreement; and that in the second place, the freedom of this nation, and the right to be governed by their own customs and laws, except so far as this national attribute may have been restricted or abridged by treaty, have been recognized in every compact formed between this people and the United States of America.

ed to the Cherokees and other Indian nations in their vicinity, in its full meaning, intent and purpose-that the remnants of this ancient and suffering race may be protected in the enjoyment of peace and quietude, upon that soil which has been theirs by immemorial posses sion, which contains the bones of their fathers, and to which they are attached by all the strong ties, which bind men to country and to home, and that no laws shall be permitted to be imposed upon them, which, under any pretext, however plausible,shall render them slaves in effect, though freemen in name.

Believing that the representations which they have made, are founded in the truth, your memorialists would respectfully, but earnestly petition, that Congress would In the preamble, it is admitted, that one of the reas-sustain inviolably, the faith of the United States pledg ons which had hitherto influenced many of the nation in consenting to their former large cessions of land (as expressed by them to the President of the United States in 1808,) was "their anxions desire to engage in the pursuit of agriculture and civilized life" upon the country they then occupied, and that by thus contracting their society within narrow limits, those that staid proposed to begin the establishment of fixed laws and a regular government," and President Jefferson, in a letter dated in 1809, and also referred to in this preamble, promises them "that those which remain may be assured of our patronage, our aid and good neighborhood." When your memorialists reflect upon the many faBy this treaty it is solemnly stipulated, moreover, "that vours received by the first settlers of these United States, the treaties heretofore made between the Cherokee na- from the bands of the aborigines; when they call to mind tion and the U. States are to continue in full force with that many of the treaties which they have recited, were both parts of the nation," with the reservation of the made when our frontiers were weak, and the Indians right of establishing certain trading and military posts. strong; when they looked at the defenceless and friendThe next and last treaty between the United States and less condition of the sad remains of this once powerful Cherokees, was executed by the present Vice Presi- people, they feel constrained by no common impulse to dent of the United States, and ratified by President Mon-ask of Congress, that not only strict justice and enlightroe and the Senate in 1819; and, as a preliminary, the Cherokees were distinctly informed that this was the last requisition of land which the United States would If the government of the United States have made make of them. The preamble states that "the greater engagements with any other parties, supposed to be inpart of the Cherokee nation" had expressed an earnest compatible with its pledges to the Indians, let all such desire to remain on this side of the Mississippi, and "to claims be deliberately examined, and if they shall apcommence those measures which they deem necessary to pear to be well founded, let a proper adjustment take the civilization and preservation of the nation." By the place, and suitable indemnity be made to the suffering first article large quantities of land are ceded-one hun-or aggrieved parties. But whilst your memorialists dedred thousand acres being reserved for a school fund sire that in all their doings the United States may obfor the Cherokees, this land being directed to be sold, serve towards all people the means of strict justice, they the proceeds vested by the President of the U. States, cannot but earnestly solicit, that in all questions having and the annual income thereof to be applied "to diffuse a reference to the rights of Indians. their claims to the the benefits of education among the Cherokee nation soil which they occupy, as well as other rights guaranon this side of the Mississippi." Thus a permanent fund teed to them by treaty, may be strictly maintained; for is created for a permanent and noble purpose, and this it must appear self-evident that no compact between the purpose contemplates the continued existence and the United States, and a third party, can effect them, or in gradual improvement and education of a Cherokee na- the least impair either their national or their vested priviliges.

ened generosity, but also efficient protection and support may be extended towards them.

In thus acting towards the Cherokee and other In-orialists are now assembled when they call to mind dians, according to the dictates of a generous policy, that this compact was never broken-but that with deeds your memorialists do not perceive any practical difficul- of kindness and good fellowship, every pledge mutually ties. If suffered to continue undisturbed upon their given was mutually redcemed, insomuch that it is their Jands, in the course of a few years the progress of civil- happiness to record that for a space of 60 years, no huization, and the increase of knowledge, would of neces- man blood, shed in Indian conflict, ever stained the soil of sity change their character, modify their laws and cus- Pennsylvania-recurring to these cherished recollec toms, and finally prepare them for an amalgamation with tions, they cannot but feel it to be a duty imperative the white population. They would then gladly receive upon them, to plead the cause of the Indian at a moment the rights of citizenship, the duties and priviliges of of extremity, when measures are in contemplation, viwhich an improved education would teach them to ap- tally affecting his dearest interests. preciate and perform. That this is the ultimatum of the hopes and wishes of the Indians themselves, your memorialists think it manifest from an address to the President of the United States, dated at Washington the 12th of March, 1825, and signed by Ross, Lowry, and Hicks, the principal Cherokee chiefs.

Considering, moreover, that the Cherokees, by the express recommendation, nay, by the aid and assistance of the Government of the United States itself, have, for a series of years past, been rapidly advancing in civilization-that they have relinquished the habits and persuits of the savage, and have become possessed of housSpeaking in refference to this subject, they expresses and mills, flocks and herds, schools and printing their full conviction that the day would arrive, "if the presses,—that above all, many of them have forsaken the Cherokees were premitted to remain peaceably and superstitions of the Heathen, and embraced the religiquietly in the enjoyment of their rights, when all dis-on of the Gospel, your memorialists feel bound earnesttinction between their race and the American family ly to petition that no measures may be permitted to would be imperceptible;" and they emphatically de- take place, which shall compel this nation to leave the clare, that "for the sake of civilization and the preserva- small residue of their ancient patrimony, now rendered tion of existence, they would willingly see the habits doubly dear by the meliorations of civilized life, and to and customs of the aboriginal man extinguished." exchange cultivated fields and comfortable habitations for the wild and houseless prairies of the West. In conclusion, it is the sincere desire of your memo

Seeing that such are the dispositions and temper manifested by the Indians themselves, your memorialists have noticed with regret that a resolution has been off-rialists that the Government of the United States, and ered in the Senate contemplating a modification of the laws of the United States for the regulation of trade and intercourse, with the Indians, so as to exempt expressly from their operation, the territory occupied by any Indians within a state over whom as tribes or individuals the laws of the state have been or may be extended by the legislature thereof."

Your memorialists fear this proposition, if adopted, would lead to a system of measures hostile to the best interests of the Indians, and in opposition to the spirit and letter of the numerous treaties which they have alrecdy recited,

all others who presume to act towards the Indians, may be endowed not only with a spirit of ordinary benevo lence, but that a remembrance of the solemn accountability of nations, no less than individuals, to a supreme tribunal, may purify their feelings, and direct their purposes.

Unanimously adopted and signed by order and in behalf of a meeting of the citizens of Philadelphia, and its adjoining districts, held on the 11th day of January, A. D. 1830. WILLIAM WHITE, Chairman.

ROBERTS VAUX,
HENRY J. WILLIAMS,

Secretaries,

PENNSYLVANIA RAIL ROAD.

TOWN MEETING.

In looking towards the future and final destiny of the Indian race east of the Mississippi, your memorialists cannot better convey their feelings than in the language used by an eminent jurist* of the state of New York, in reference to the small fragments of tribes resident within the territorial limits of that state. When, says he, At a meeting of the citizens of the City of Philadel "the time shall arrive for us to break down the parti-phia, held on Saturday afternoon, the 16th inst. at four tion between us and them, and to annihilate the politi- o'clock, at the County Court House, corner of Sixth and cal existence of the Indians as nations and tribes, I trust Chesnut streets, pursuant to public notice, "in order to we shall act fairly and explicitly, and endeavour to ef- express their sentiments relative to the termination of fect it with the full knowledge and assent of the Indians the Columbia and Philadelphia Rail Road:" themselves; and with the most scrupulous regard to their weaknesses and prejudices, and with the entire approbation of the Government of the United States. I am satisfied that such a course would be required by pru dence, and would become necessary not only for conscience sake, but for the reputation of our national jus

tice."

In according with the general wisdom and benovolence of the sentiments just recited, their full approbation, your memorialists feel that as Pennsylvanians they are peculiarly entitled and enjoined, to ask the United States the inviolate observance of all faith plighted to the Indians, and they are constrained by a deep sense of gratitude, to bear testimony in the name, and by the experience of their forefathers, to the fact, that the Indians on their part, can maintain with strict integrity, all promises which they have given in treaty with white In the remembrance that their ancestors landed on the shores of America,a feeble band, without the munition of arms-that with open hearts and hands, they sought the friendship of the Indians, then a strong and powerful race-that this was given and pledged in that memorable treaty held near the place where your mem

men.

Chancellor Kent.

ROBERT RALSTON, was called to the Chair, and
GEORGE M. DALLAS and BENJAMIN W. RICHARDS,

were appointed Secretaries.

The chairman having read the order by which the meeting was called, the following resolutions moved by Joseph M'Ilvaine and seconded by William Boyd, were adopted.

Resolved, That the original location of the Pennsylvonia Rail Road, crossing the Schuylkill at Peters' Island, and passing thence along the bed of the old Union Canal, to the corner of Broad and Vine streets, with a branch down the east side of Schuylkill to Sloop navigation, is recommended to the Legislature by every consideration of public economy and of general convenience-and to this community by its tendency to place the local interests of Philadelphia upon a fair and equal footing.

Resolved, That after this line had been repeatedly and carefully reviewed by distinguished engineers; and by them unanimonsly preferred to all others, we have learned with surprise, that another route involving more expense to the state, and which cannot be completed without imminent hazard to the City Water Works, and to the Schuylkill navigation; a route which presents many inconveniences, and affords no additional advantages,

has been adopted by the present board of canal commissioners.

Resolved, That the projected railway bridge, across the Schuylkill, below the Fairmount Dam, by suspending the supply of water to the City and Liberties during every freshet, thus depriving our citizens of a great necessary of life, and exposing their property to the danger of conflagration, would inflict an injury upon this community, which they ought not to incur for the sake of any benefit to be expected from the rail road.

Resolved, That the erection of bridge piers, in the narrow pass of the river below Fairmount Dam, will endanger the safety of that expensive and invaluable work.

Resolved, That the destruction of the Fairmount dam, besides its injurious effects upon the interests and property of the city, by suspending all operations upon eight miles of the Schuylkill Works-would interrupt the great chain of inland navigation extending through the State, and thus be productive of incalculable loss to the citizens of this commonwealth.

63

Locust Ward-George W. Smith, John Swift, William P. Smith, James H. Hutchinson, James Bayard, Samuel H. Thomas.

Pine Ward-Samuel Palmer, Robert Cooper, Charles
W. Churchman, Thomas N. Alexander, Dr. J. M. Paul,
Henry M. Zollickoffer.

New Market--John Maitland, James Stuart, Elisha
W. Cook, Francis G. Smith, Clements S. Miller, Francis
M'Creedy.
Cedar Ward-Charles Johnson, William Stephens,
Joseph Burr, Armon Davis, Richard C. Dickinson,
Enoch Thorn.

Resolved, That copies of the resolutions adopted by
this meeting, being authenticated by the signatures of
the chairman and secretaries, be forwarded to the speak-
ers of the Senate and House of Representatives.
Resolved, That the proceedings of this meeting be
published in all the papers of the city.
ROBERT RALSTON, Chairman.
Secretaries.

GEORGE M. DALLAS,
BENJAMIN W. RICHARDS, S

Resolved, That these considerations present insuperable objections to the route of the rail road, as lately fixed To the Senate and House of Representatives of the Comby the board of canal commissioners.

Resolved, That the legislature of this commonwealth be respectfully but earnestly requested to re-establish the original location, with a branch down the east side of Schuylkill to sloop navigation, and to forbid the construction by the state of any line from the crossing place near Peters' Island, down the west side of Schuyl

kill.

On motion, it was further resolved, That Robert Ralston, George M. Dallas, Benjamin W. Richards, Joseph M'Ilvaine, William Boyd, Thomas Hale, Alexander Cook, James N. Barker, and John M. Read, be a committee to prepare a Memorial to the Senate and House of Representatives expressive of the sentiments contained in the foregoing resolutions, to be submitted to the citizens for their signatures, with power to take such other measures as they may deem expedient to effect the objects of this meeting.

Resolved, That committees of six from each ward be appointed to offer the said memorial to the citizens for signatures.

The following are the names of the committees :Upper Delaware Ward-Samuel J. Robbins, Lewis Rush, Thomas Richards, John Bacon, George W.Tryon, John Patterson.

Lower Delaware Ward-Gerard Ralston, Joseph Cake, Joseph Brown, Charles W. Schreiner, Thomas Wallace, Daniel B. Smith.

North Mulberry Ward-Elhanan W. Keyser, Freeman Scott, John Moore, Henry Simpson, Robert Orr, Joseph M'Clintock.

South Mulberry Ward-Levi Ellmaker, Edwin T. Scott, James Fassitt, Robert Ralston, Jr., Charles H. Kirk, Samuel M. Wetherill.

High Street Ward-George Emerick, John H. Palethorp, Benjamin W.Clark, Asa Curtis, John M'Clintock, Edward B. Garrigues.

North Ward-Jacob Alter, William Carman, Durden B. Carter, Sansom Perot, Dr. William Wetherill, Owen Sheridan.

Chesnut Ward-Cephas G. Childs, John V. Cowell, Charles L. Smith, John Hart, Jr., Samuel N. Gray, Nathaniel Burton.

Middle Ward-William J. Leiper, Benjamin Stille, Simon Gratz, Samuel Norris, Charles Barrington, Casper Rehn.

Walnut Ward-William T. Dwight, James R. Eckard, Robert W. Sykes, John Snyder, William Badger, Nathaniel Holland.

monwealth of Pennsylvania.

The Memorial of the subscribers, citizens of Philadel phia, respectfully sheweth

That the original location of the Pennsylvania rail road, crossing the Schuylkill at Peters' Island, and passing thence along the bed of the old Union canal to the intersection of Broad and Vine streets, with a branch down the east side of Schuylkill to sloop navigation, is recommended to the legislature by every consideration of public economy, and general convenience; and to your memorialists, by its tendency to place the local interests of Philadelphia upon a fair and equal footing.

Your memorialists have however learnt with surprize, that after this line had been repeatedly and carefully reviewed, by distinguished engineers in the service of the state, and by them unanimously preferred to all others, another route, continuing on the western bank of the Schuylkill, and crossing below the Fairmount dam, involving more expense to the state, and which cannot be completed without imminent hazard to the city water works, and to the Schuylkill navigation, a route which presents many inconveniences, and affords no additional advantages, has been adopted by the present board of canal commissioners.

Your memorialists would respectfully represent, that the projected rail way bridge across the Schuylkill, below the Fairmount dam, by suspending the supply of water to the city and liberties during every freshet, and thus depriving the citizens of a great necessary of life, and exposing their property to the danger of conflagration, would inflict an injury upon the community which ought not to be incurred, under any circumstances whatever.

The erection of bridge piers in the narrow pass of the river, below Fairmount dam, must endanger the safety of that expensive and invaluable work; and your memorialists cannot too earnestly press upon the attention of your honourable bodies, that the destruction of this dam, besides its injurious effects upon the interests and property of the city, by suspending all operations upon eight miles of the Schuylkill works, would interrupt the great chain of inland navigation extending through the state, and thus be productive of incalculable loss to all the citizens of this commonwealth.

Your memorialists do therefore most earnestly, but respectfully, pray, that the original location for the termination of the Columbia and Philadelphia rail road, crossing near Peters' Island, and terminating at the intersection of Broad and Vine streets, with a branch down the east side of Schuylkill to sloop navigation, may be re-established, and that your honourable bodies will forbid the construction by the state, of any line from the M'-crossing place near Peters' island down the west side of the Schuylkill.

South Ward-Randall Hutchinson, James Page, Vincent L. Bradford, William W. Fisher, Thomas Reath, George Smith.

Dock Ward-J. J. Borie, Thomas Roney, John Mullin, Joseph Chew, Morgan Ash, J. F. Leaming.

STATEMENT OF SUNDRY BANKS IN THE STATE OF PENNSYLVANIA,

ON THE THIRD OF NOVEMBER, 1829, AS REPORTED TO THE LEGISLATURE ON THE SIXTH OF JANUARY, 1830, BY THE AUDITOR GENERAL.

Mechanics',

THE

REGISTER OF PENNSYLVANIA.

DEVOTED TO THE PRESERVATION OF EVERY KIND OF USEFUL INFORMATION RESPECTING THE STATE.

VOL. V.-NO. 5.

EDITED BY SAMUEL HAZARD.

PHILADELPHIA, JANUARY 30 1830. NO. 109.

GEOGRAPHICAL NOTES ON NORTHAMP.
TON COUNTY.

Written by Isaac A. Chapman, Esq. in 1817.

county is a very regular ridge nearly uniform in its height and has properly but four passes or gaps in the county. These are the Delaware water gap, the wind gap, the Lehigh water gap and Little gap between the wind gap and Lehigh water gap. The mountain is in all places steep, thinly covered with poor timber, generally rocky and unfit for cultivation.

Northampton County was erected from Bucks county March 11th, 1752. Its greatest length from North to South is 40 miles and its greatest breadth from East to West 50 miles. It originally included Wayne, Pike and The Wind Gap is a notch or opening in the moun Lehigh counties but it now contains only 874 square tain which is very abrupt, and extends from the top miles or 559,360, acres. Northampton is very irregu- nearly to the bottom of the mountain. No stream paslar in its form and greatly diversified in the formation of ses through it and various conjectures have arisen conthe face of the country and in the quality of its soil.cerning its origin; among the most prevalent of which The Blue Mountain which passes through the county is, that it was formed by the Delaware river, which may from the N. E. to the S. W. appears to be the division have formed a lake behind the mountain and have openline between two distinct climates; and the quality of ed a passage at this place. That at some subsequent the soil on the two sides, appears to be no less different, time, vast masses of ice may have choked up this passthan the temperature of the seasons. Vegetation is a- age when the river again forming a lake opened a passbout two weeks later on the North, than on the South age at the water gap where it has continued since to side of the mountain. run. Various circumstancers are adduced in support of this opinion which at last is conjecture only. Through this gap passes the main road to Wilkesbarre. The Wind gap is about 15 miles from where the Delaware now passes the mountain.

The general character of the soil below the mountain, is gravel loam and schistus intermixed with sand in many places. It is warm and productive, particularly for grain for which it appears best adapted. It produces excellent fruit and when plaister is used produces very good clover.

Near

The Pokono or second mountain is a range parallel to the Blue mountain and distant from it from 7 to 10 miles in different places. It is much more broken and irregular than the Blue mountain and assumes different names in different parts of the county and state. the Lehigh river it is called the Pohopoko and west of the Lehigh for several miles it is called the Mahoning mountain. Its average height above its base is about 850 feet.

It is generally rocky and contains very little timber, of a very poor quality. Another part of the Pokono on both sides of the Lehigh is without a name.

Above the mountain the soil is principally a mixture of gravel and clay, and above the second mountain or Pokone, the soil partakes so much of the clay as to be very cold & unproductive. The timber is principally small Pines and Hemlock and the country almost entirely a wilderness, there being no inhabitants except a few a long the road to Wilkesbarre. Below the mountain the natural timber is principally oak, with a mixture of hickory and chesnut. There is however but a small portion of the natural forest remaining below the mountain, as the country is principally cultivated, except The Broad Mountain or fourth range from the Blue what part is necessarily reserved for woodlands. I should mountain commences its eastern extremity near the estimate that about one fourth part of Northampton is head of Pokono creek and crosses the Lehigh at "The cultivated and about one third proper for cultivation.- Turn Hole" extends westerly to the River Schuylkill. Three fourths of what is cultivated is the best calculat- Its average height is about one thousand feet above its ed for grain, and wheat and rye appear to flourish best. base. The Lehigh is very much obstructed on its passThe Mountains of Northampton are numerous and ex-age through this mountain which forms "the Hatcheltensive. They are The Blue Mountain or Kitatinny, The Pokono, or Second mountain, The Pohopoko, The Broad Mountain, The Spring Mountain, The Mauch Chunk, or Bear mountain, The Mahoning Mountain and the South Mountain or Lehigh hills.

The Blue Mountain sometimes called Kittatinny was originally called by the Indians KAUTATINCHUNK which is said to signify main or principal mountain. It crosses the Delaware which forms a deep gap through it, about 24 miles above Easton and running W.S. W. crosses the Lehigh, which forms also a gap through it, and continues nearly the same direction westward of the Susquehanna. I ascertained the height of this mountain at three points in the county of Northampton. On the west side of the Delaware at the Delaware water gap, it was found to be 1250 feet. On the west side of the Lehigh water gap it measured 1175 feet and on the east side of Kunkles gap or Allentown road, it measured 1135 feet. These measurements were taken by the common geometrical method and will give the average height of the mountain in the county of Northampton at 1186 feet. The Blue Mountain so far as it lies in Northampton VOL. V. 9

tooth falls," the mountain is generally rock and barren' but in some places where it is very broad upon its top, the land may be cultivated. Its course is parallel to the Blue mountain and its height 960 feet.

The Spring mountain or fifth range commences on the west side of Lehigh river, and extends west to the Susquehanna, where it assumes the name of the Mochanoy mountain. Its altitude is not more than 600 feet upon an average above its base, and its form is much broken.

The Mauch Chunk which is said to signify Bear mountain, is the third range or paralled from the Blue' mountain and is much more steep and narrow than either of the preceding. It commences on the west side of the Lehigh river about one mile south of the Broad mountain, and extends south westerly between the Nes. quehoning and Mauch Chunk creeks and is terminated by being broken to pieces near the head waters of the Schuylkill. I ascended this mountain near the Lehigh in the angle of about 60° with the horizon, pulling myself up by the bushes until I reached the top which is 920 feet above its base. The top here forms one reg