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CHEROKEE
j«r^Fc-a.
rot, i.
jVISW ECHOTA, WEDNESDAY JULY 2, 1828.
NO. 19.
JflDlTED BY ELIAS BOUDINOTT.
PRINTED WEEKLY BY
ISAAC H* •HARUlSj
FOR THE CHEROKEE NATION.
At $2 50 if paid in advance, $3 in six
months, or $3 50 if paid at the end of the
lAycar.
If To subscribers who can read only the
^Cherokee language the price will be $2,00
fe»n advance, or $2,50 to be paid within the
fyear.
Every subscription will be considered as
^ continued unless subscribers give notice to
the contrary before the commencement of a
new year.
Any person procuring six subscribers,
and becoming responsible for the payment,
shall receive a seventh gratis.
Advertisements will be inserted at seven
ty-five cents per square for the first inser
tion, and thirty-seven and a half cents for
each continuance; longer ones in propor-
ojj. tion.
sCT’AU Jetters addressed to the Editor,
$ post paid, will receive due attention,
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AGENTS FOR THE CHEROKEE
PHOENIX.
The following persons are authorized to
receive subscriptions and payments for the
Cherokee Phoenix.
Henry Hill; Esq. Treasurer of the A.
B. C. F. M. Boston, Mass.
George M. Tracy, Agent of the A. B.
G. F. M. New York;
Rcr. A. D. Eddy; Canandaigua; N. Y.
Thomas Hastings, Utica, N. Y.
, Por.r.ARD &. Converse, Richmond, Va.
Rev. James Campbell, Bcaufoi’t, S. C.
it William Moultrie Reid, Charleston.
Q
X Col. George Smith, Statesville, W. T.
> William M. Combs, Nashville Ten.
Rev. Bennet Roberts—Powal Me.
Mr. Thos; R. Gold, (an itinerant Gen-
| tleman.)
ful owner or Owners of any property,
which may be sold under the stray
laws, shall discover their property and
produce good and sufficient proof be
fore the National Treasurer, within
the period of eighteen months after
the money has been paid into the Na
tional Treasury, in such cases the ow
ner or owners of such property shall
be entitled to receive the nett pro
ceeds derived from the sales of his,
her, or their property; and this law
shall be an amendment to that passed
on the 25th October 1825, providing
for the appointment of Rangers, and to
take effect from the date of the a-
mendment.
Mw Echola, Oct. 28,1826. .
JOHN ROSS, Pres’t.N. Com.
MAJOR RIDGE, Speaker.
Approved—CHALES HICKS.
A. M’COY, Clerk N. Com.
E. BOUDINOTT, Clerk of N. Council.
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LAWS
OF THE CHEROKEE NATION, a
Resolved by the National Committee
; and Council; That in case of all con-
tracts of debts payable in property,
? when the contracting parties have licit
specified any fixed period for payment,
;-y it shall be the duty of the creditor or
f agent to give the debtor ten days no*
tice of a certain place of delivery to
make payment according to contract,
and if such notification be not compli
ed with, it shall then be lawful for the
proper officer to proceed, as the law
directs, in levying upon, and disposing
% of at public sale to the highest bidder,
J the property of such debtor or debtors.
This to be an amendment to the act
of 12th of Nov, 1825.
New Eclwia r Oct. 28, 1826.
JNO. ROSS. Pres’t N. Com.
MAJOR RIDGE, Speaker.
Approved—CHARLES R. HICKS,
his
PATH X KILtER.
mark,
A. M’COY, Clerk N. Com.
E. BOUDINOTT, Clerk N. Coun.
Resolved 1/^ the National Committee
and Council, 'ji'.hat all improvements
which may be left any person or
persons and removing to another
place; and the same stiaJl remain un
occupied for the term of one year, shall
b^considered abandoned, and arty other
person' or persons whatsoever tiiay
take and go in possession of such im-*
provement’s in the same manner as if
there were no improvements. This
act to bo aft amendment to -the one
passed 10th N&v. 1825, and to take
effect from the present date.
New Echota, Oct. 14, 1826.
JNO. ROSS, Prcs’t N. Com.
MAJOR RIDGE, Speaker.
Approved—CHARLES HICKS.
A. McCOY, Clerk of the N. Com.
E. BOUDINOTT, Clk. N. Coun.
Resolved by the National Committee
and Council, Tha t in case the riglit-
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CORRESPONDENCE
Between Commissioners on the part oj
the .United States, and the.Council of
the Cherokee Nation, in the year
1823.
' [Concluded.]
The following is a reply from the Com
missioners to the Council.
Newtown, 25th October 1823.
Friends and Brothers: Your
communication of yesterday has been
under consideration, and we regret to
see the very wide Jifference which
exists between us, as to the material
point of negotiation.
The anticipations Df success which
we had indulged, were founded upon
confidence in your judgment. We be
lieved that we were in the right, and
hoped that wc should succeed in con
vincing you. Your rejection of our
application does not at all impair out-
views of the propriety of what ive
have laid before you. We have en
deavored, by a reference to the histo
ry of this nation, to satisfy you of the
nature of your title to the soil which
you occupy. The doctrine, to be
sure, is not very consoling, but is nev
ertheless true. You attempt to re
but it, by ail article in the treaty of
Holston, in 1791. It is true, that the
7th article “guaranties to the Chero
kee Nation, all their lands not there
by ceded.” And what does this guar
antee amount to? You greatly mis
take yourselves, if you construe it into
a conveyance, or even quit claim on
the part of the United States. No
tice the terms used in the fourth ar
ticle of the same treaty, which con
veys the lands ceded at that time.—
It is there said, “that the chiefs and
warriors, for themselves and the whole
Cherokee Nation, their heirs and de
scendants, release, yurt claim, rclinyuish,
and cede,” the lands therein descri
bed. If the word “guaranty” would
have expressed all this, then that
word would have been used. Your
title under this treaty of Holston, is
no betterthan under tlie treaty of Hope-
well, and under neither, does it amount
to any thing more than possession at the
mil of the United States. You Ac
knowledge, that you are “dependent
upon the United States for protec
tion.” Brothers, such acknowledge
ment is very empty, unless accompa
nied by some signs that you feel the
obligation. Your father the President
has asked you, in terms the most
peaceable and reasonable, for what he
might have demanded; you might have
granted the application, without inju
ry or ^inconvenience to yourselves.—
It will rest with him to judge whether
your conduct will comport with your
duty. You state, that it is your de
sire to raise monuments of science
with your own hands, upon the soil of
your “progenitors.” No lover of the
human race would controvert the sen
timent. No friend of mankind would
bring into use the “bow and the quiv
er,” which you say have been laid a-
sidc. The “axe, the hoe, plough, and
shuttle,” were given by the President,
and he will never withdraw them.—
But it is his desire, and it ought to be
your pride, to forward the general in
terest of all the American people.—
This never can be done, by your mo
nopoly of such extent of territory.
Brothers: It ivould seem, from your
pointed and determined rejection of
what we have asked, that it would be
wholly unnecessary to pursue the in
vestigation further. We commenced
with a simple pf-oposition, to purchase
your claim to the whole or part of the
of the Soil within the limits of Geor
gia. In the course of the correspon
dence, we evidenced the grounds of
negotiation, and discussed topics, in
teresting to the Government, and to
you. If no good results to either,
wc nfust be content with the con
sciousness of having done our duty.—
Your allusion to tlie proceedings under
the treaty of 1819, does nof require a
detailed answer. Our knowledge up
on that subject would not, we pres-
sume, rescue the Tennesseeans or
Georgians from the aspersions which
you have thrown upon them. We
take leave, however, to observe, that,
wherever the laws have been appeal
ed to, they have been righteously en
forced, and that vast profits have real
ized by the persons named in that
treaty. As messengers of the Uni
ted States, it does not become us to in
dulge local feelings. The General
Government is bound to Georgia, and
we doubt not but that she will fulfil
her engagements.
Brothers: We will not detain the
Council, if they are impatient, and
wish to rise. We understand that
they have sat much longer, upon busi
ness of less importance, heretofore.—
This is the third visit we have made
to the country, and we had a right to
expect a patient hearing. We shall
say but little more. Justice to our
Government, and good wishes to you,
require that we should add a few
words more; we ask you to receive
them as they are intended, in feelings
free from excitement.
According to the usage of many
years, we exercised the right of ap
pointing the place of meeting you.
We selected your agency, and invited
you to attend last January, and you
refused. We selected another place,
more central, and a time more genial,
and invited you to come, and you re
fused. You were then indulged in ap
pointing time and place yourselves.—
We attended, and you did not. We
have now come to your own time and
your own place, and you have reject
ed a reasonable application. We told
you on our arrival, that we were di
rected to co-operJte with the Geor
gia Commissioners in negotiating the
settlement of long standing claims.—
We have stood by, and seen you reject
a settlement of claims which occurred
at a time, and under circumstances,
powerfully imposing. When treaties
lose their obligation, what shall bind
nations? We have stood by, also, and
witnessed a correspondence, of seri
ous import, between yourselves and
your agent. We have seen his appli
cation rejected, and heard his dissatis
faction expressed. Our appointments
to meet you were under tlie President's
authority. The application of the
Georgia commissioners was under the
President's authority. Where is the
virtue of calling the President “Fath
er,” of acknowledging “his protec
tion,” and then refusing obedience to
his W’ishes? We might go further,
and remind you of the uniform dispo
sition of the government < to attend to
your requests, and redress your griev
ances. Even at this moment, while
these things arc passing before us,
troops arc on their march, with the
sword and torch, removing intruders
from your limits, and burning their
dwellings.
Brotherss: Ingratitude approaches
to crime; a grateful return for a favor
is the best evidence that the favor is
felt. You cannot suppose that all
these things, taken together, are to
pass away, and produce no effect.—
What the effect may be, w r e are not
exactly prepared to say. Time will
disclose it.
Brothers: We had rather see and
feel a different prospect. In the sin
cerity of our hearts, wc wish this na
tion well. We should be happy to
see the ties, which bind you to the Gov
ernment, drawn closer. We should
like to see the chain grow brighter
and stronger. We fear that the very
reverse is the fact. The ties are
loosening, and the chain is becoming
weaker. There is a danger of your
losing connection with the Govern
ment, and haviug the agency abolished.
We might enumerate other conse
quences which are not improbable, but
which should be prevented if possible.
The course is plain by which the evils
may be averted. It is no rnrrk of
manliness and magnanimity to persist,
merely for the sake of consistency,
after the judgement is convinced.—
It is often better to yield, than to rc-
resist even a doubtful right.
Brothers: We shall now close.—
We are not conscious of having said
any thing, not warranted by the au
thority of our Government, and tlie
rules of fair and open negotiation.
We cannot take leave without submit
ting a further and distinct proposition.
So well are we satisfied of its healino-
tendency, that it would be criminal in
us to withhold it. We submit the
following:
The United States proposes to pur
chase of the Cherokee Nation, their
claim to all the land east And north of
the following boundaries: Beginning"at
a marked corner, at the head of Ches-
talee; thence along the ridge, to the
mouth of Long Swamp creek; thence,
down the Etowah river, to the line
which is to be run between Alabama
a,nd Georgia; thence, with said line, to
the dividing line between the Creeks &
Cherokees; (hence, with said line, to
the Chatahooehec. In consideration
of said cession, the United States will
pay to the Cherokee Nation the sum
of two hundred thousand dollars, in
suitable instalments, and will also in-
defnnify the Nation against the Geor
gia claims; and as a gratuity to the
Nation, the Commissioners will pay
into their Treasury, at this time, for
the use of the Nation, the further sum
of ten thousand dollars.
We are, as usual, your friends and
brothers.
DUNCAN G. CAMPBELL.
JAMES MERIWETHER.
United Slates Commissioners,
The Council to the Commissioners,
Newtown, Cherokee nation,
October 21th, 1823.
IN GENERAL COUNCIL.
Friends and Brothers: You say
that your anticipation of success was
founded upon confidence in our judg
ment, and that you believed and ho
ped you would have succeeded in con
vincing us that you were right, and
would also satisfy us of the nature of
our title to the soil which we now oc
cupy. The doctrine which you have
laid for a foundation, can never con
vince our judgment that you are cor
rect. We did not refer t’o the 7th
article of Holston treaty, 1791, as a
foundation to our title to the soil upon
which we stand. Our title has eman
ated from a supreme source, which
cannot be impaired by the mere cir
cumstance of discovery by foreigners;
neither has this title been impaired by
conquest or by treaty. If it was in
tended that our original title should be
forever lost, why did not the treaties
of peace declare it in plain terms, and
why should the United States pur
chase, time after time, by treaties,
lands to which you would wish to con
vince us we have no title? And when
such purchases were made, why did
they require such a right and title of
conveyance as given in the 4th article
of Holston treaty, 1791, to which yon
have had occasion to refer? We had
noticed the 7th article of the treaty,
to shejv that the United States do ac
knowledge our right and title, and
have guarantied to respect the same.
This being the case,, and the Chero
kees possessing the right and title, it
would have been superfluous and use
less for the United States to convey
to the Cherokees a right and title
which a was already vested in the
Cherokees themselves, and not in the
Lnited States. You say our possession
is at the mil of the United States, and
that our rejections to the propositions
which have been made, cannot lie ex
pected to pass away and produce no ef
fect, and that the ties which bind us
with the United States are loosening,
and the chain is becoming Weaker.—
What, Brothers, do you wish to im
pair the high confidence which we en
tertain- of the magnanimity of your
Government? and to harbor an opinion
that, because the United States are
great and pmerful, and the Cherokee*
small, and dependant upon her for pro
tection, that she will trample justice
under foot, and compel us to yield
what we have peaceably and respect
fully refused to let the United States
have, for the benefit of the st*?* of