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Gwy
CHEROKEE
FHCEMX.
TOL. I.
NEW ECHOTA, WEDNESDAY JCNE 25, 182S.
)ITED BY ELIAS BOUDINOTT.
PRINTED WEEKLY BY
ISAAC II. HARRIS,
FOE THE CHEROKF,E NATION.
t $2 50 if paid in advance, $8 in six
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To subscribers who can read only the
Serokee language the price will be $2,00
^advance, or $2,50 to be paid within the
r.
livery subscription will be considered as
tinued unless subscribers give notice to
contrary before the commencement of a
year.
ny person procuring six subscribers,
becoming responsible for the payment,
11 receive a seventh gratis.
,, dvertisements will be inserted at seven
ty-five cents per square for the first in9er-
tjpn, and thirty-seven and a half cents for
continuance; longer onoa in propor-
* CP All letters addressed to the Editor,
st paid, will receive due attention.
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ENTS FOR THE CHEROKEE
PHOENIX.
The following persons are authorized to
1 eive subscriptions and payments for the
erokee Phoenix.
_ENRY Hill, Esq. Treasurer of the A.
C. F. M. Boston, Mass.
■George M. Tracy, Agent of the A. B.
i; F. M. New York.
ev. A. D, Eudy, Canandaigua, N. Y.
_ homas Hastings, Utica, N. Y.
Poulard &. Converse, Richmond, Va.
Rev. James Campbell, Beaufort, S. C.
illiam Moultrie Reid, Charleston,
C.
fCol. George Smith, Statesville, W. T.
C William M. Combs, Nashville Ten.
&II$Rev. Bennet Roberts—Powal Me.
Mr. Thos. R. Gold, (an itinerant Gen-
eman.)
LAWS
IgOF THE CHEROKEE NATION.
•" Resolved by the National Committee
Mil Council, That the Principal
■Mhiefs of the Cherokee Nation, the
" embers of the National Committee,
e members of Council, the Judges
the several Courts, and all other
cers of the Nation, likewise the
rymen before entering upon the du
es of their respective offices, shall
ke an oath before some authorised
person to serve and discharge their
duties faithfully and impartially to the
$est of their abilities.
New Echota, Oct. 13, 1826.
JNO. ROSS, P-cs’t. Nat. Com.
MAJOR RIDGE, Speaker,
pproved,
CHARLES R. HICKS.
M’COY, Clerk N. Com.
BOUDINOTT, Clerk N. Council,
Resolved by the National Committee
nd Council, That no person who dis-
elieves in the existance of the Crea-
r, and of rewards and punishments
fter death shall be eligible to hold
ny office under the Government of t he
herokee Nation nor be allowed the
rivilege of their testimony in any
ourt of Justice.
New Echota, Oct. T3, 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.
Resolved by the National Committee
and Council, That Mr. Charles R.
Hicks, one of the principal Chiefs be
and he is hereby authorized to admin
ister the oath of office to the members
f the National Committee, the mem
bers of Council, and the several Cir
cuit Judges of the Nation, and that
the President of the National Commit
tee be and he is hereby authorised to
administer the oath of office to the
two principal Chiefs; and the circuit
Judges to administer the oath of office
to all other officers within their res
pective Districts.
New Echota, Oct. 14, 1826.
JNO. ROSS, Pres’t N. Com.
MAJOR RIDGE, Speaker.
Approved—CHARLES HICKS.
A. McCOY, Clerk of the N. Com.
E. BOUDINOTT, Clk. N. Conn.
Resolved by the National Committee
and Council, That a child under the
age of twelve years, whose tender
age renders it improbable that he or
she should he impressed with a prop
er sense of moral obligation or of suf
ficient capacity, deliberately to have
committed an offence, shall not be
considered, or found guilty of any
crime ur misdemeanor; nor a lunatic
or a person insane without lucid in
tervals, shall he found guilty of any
crime with which he or she may be
charged; Provided the act so charg
ed as criminal shall have been com
mitted in the condition of such lunacy
or insanity: Be it further resolved
that an idiot shall not be found guilty
or punished for any crime or misde
meanor with which he or she may be
charged; Be it also further resolved
that any person counseling, advising,
or encouraging a child under the age
of twelve years, or a lunatic, or an
idiot to commit an offence, shall he
prosecuted for such offence when
committed as principal, and if found
guilty shall suffer the same punish
ment as would have been inflicted on
said child, lunatic or idiot, if he or
she had possessed discretion, and had
been guilty.
New E’hota, Oct. 14, 1826.
JNO. ROSS, Prcs’t N. Com.
MAJOR RIDGE, Sneaker.
Approved—CHARLES R. HICKS,
his
PATH X KILLER,
mark.
A. M’COY, CWk N. Com.
E. BOUDINOTT, Clerk N. Coun.
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CORRESPONDENCE
Between Commissioners on the part oj
the United Stales, and the Council of
the Cherokee Nation, in the year
1823.
[continued.]
The following is a reply from the Com
missioners to the Council.
Neivtoivn, October 21, 1823.
Friends and Brothers: Your com
munication of yesterday was handed
us by your messenger. We feci con
strained by duly and instruction to re
ply, and to reserve to ourselves the
privilege of reply, as often as we may
consider it necessary. In doing this,
ive violate no sentiment which ive
have heretofore expressed, with re
gard to this nation. Nothing would
give us a deeper regret, than to find
that our confidence has been mis
placed, and our encomiums improper
ly bestowed. Of this we have no ap
prehension at present, and shall pur
sue the negotiation under the hope,
that it will yet be closed in a manner
which shall comport with the just ex
pectations of the Government.
Brothers: The relation which this
nation stands to the Government of the
United Slates, is somewhat peculiar.
The original title of this soil is ac
knowledged to have been in you.
There was a time, when most of the
territory now composing the United
States, belonged to the various tribes
of Indians. The people of Europe
were the first white men who landed
upon these shores. As soon as they
established colonies, they claimed the
sovereignty of the soil by the right of
discovery. For a long period of time
this sovereignty was exercised with
out resistance. At length, the colon
ies grew to a size which enabled them
to take management of their own af
fairs. A war ensued, which lasted
seven years, and then ended in a com
plete success of the Colonies. What
Europe claimed by discovery, was
then vested in the people of the Colon
ies by conquest. All the country
which ivas conquered fell to the con
querors. The Chcrokecs, the Creeks,
and almost every Indian tribe, power
ful and numerous as they were, took
sides against us. All shared the'
same fate. All became subject to
the government afterwards establish
ed, under the title of the “United
States of America.”
This subordination and loss of pow
er, would have followed conquest as a
matter of course; but, in order that it
might bo reduced to a certainty, and
made plain, and recorded, treaties
were entered into, in every instance,
with the Indian tribes, ivho were par
ties to the war.
The Delaware surrendered their
sovereignty at the treaty ofFort Pitt;
the Six Nations at Fort Sramvix; the
Creeks at New York; the Chickasaws
at Hopewell; and the Cherokees at
Hopewell in the year 1785, and so on.
By these, and by great many other na
tions, a complete surrender is made,
and protection claimed. The language
of the United States, in the treaty of
Hopewell, gives peace to the Chero
kees and receives them into favor and j
protection. The language of the
Cherokees is submissive, and accepts •
the offer. So complete was the au
thority acquired by these memorable
operations, that the territory of all
those tribes was made the subject of
“allotlment.” All the lands which
they now hold, has been “allotted ’ to
them. Their original title is forever
gone. First, by discovery. Second
ly, by conquest. And, thirdly, by
treaty. But the surrenders which
have been made from time to time by
the Cherokees, go still further, and
authorize the United States to “man
age the trade of the Cherokees as they
may think proper.”
Brothers: We have reference to
these matters of history and compact,
not to shew your humility, but to
shew your dependance. On the con
trary, it does not degrade you to give
you the evidence of your dependance;
it is a matter of distinction, to be con
nected with, and dependant upon, the
Government of the United States.—
There are twenty-four states and
three territories, which are found to
acknowledge this connection and de
pendance. The advantage is mutual.
The United States give laws, give sta
bility, and protection, to the states,
and the states give obedience, sup
port, and taxes, to the Government.
By this union, the Government be
comes powerful—by a division, it
would be feeble. As relating to the
different tribes of Indians who have
settlements within the states, the
Government is prepared to speak
with candor and decision. If they
cherish the idea of independence and
self government?, the sooner they are
corrected, the better. The United
States will not permit the existence of
separate, distinct, & independent gov
ernment within her limits. Ail the
people on her soil must be hers, and
her laws must, sooner or later, per
vade the whole. To qualify you for
citizenship, the Government has, with
in the last twenty years, expended up
on you upwards of half a million of
dollars. You have been told that you
are the President’s favorite children.
You are indeed so. He seeks not to
destroy, hut to preserve you. There
is nothing annihilating in his scheme.
When he qualifies you as citizens, you
must become so. The process of
qualification will follow you wherever
you go, and as fast as you become cit
izens you become subject, to our laws.
Whether this subjection to our laws
is to be individually or collectively,
depends in a great degree upon your
selves. As long ago as the treaty of
Hopewell, in 1785, the idea is sug
gested of your becoming a territory of
the United States, with the right of
representation in Congress. If this
notion would preserve a compact
form, not within the limits of the
states, no obstacle would remain to
the organization of a territorial gov
ernment composed, of themselves.—
While they are within the limits of
the states the state soverignty must
prevail and they must become merged
in the white population, and take the
standing of individual citizens.
Brothers: Let your choice be as it
may, your condition will be bettered.
The government which you have late
ly formed for yourselves, although it
is greatly to your credit, yet is objec
tionable to many of its important fea
tures. A territorial organization un
der the United States would be great
ly preferable. Such changes are
common among nations, and often to
the advantage of both parties. But,
if this scheme is not yet sufficiently
matured to meet your acceptance,
then a cession of a part will quiet the
solicitude of Georgia and of the Uni
ted States, for the present, and give
time for further deliberation. The ces
sion of a part need not affect the wish
es or interest of any individual, with
respect to citizenship. If those who
live upon the part ceded are not dis
posed to become citizens, they can
he indemnified for their losses in re-
ISO. 18.
moving, and retire within your lines.
If they are disposed to be« omc mem
bers of the stales, they can be secur
ed in a residence, and let into all pri
vileges of ordinary citizens.
Brothers: We have thus laid before
you some neiv topics for discussion.
These involve considerations of vast
importance to yourselves and to pos
terity. Listen to them, and answer
with calmness and deliberation.
You are not engaged in light dis
putes or trifling considerations. Na
tions are parties to this correspond
ence. If we knoiv our Government
and ourselves, ive design you no harm.
Our object is the good of the whole
American family.
We shall now proceed to notice
some of the remarks in your commu
nication of yesterday, and close for
the present.
The picture which you have drawn
of the separation of friends and rela
tives at the emigration to Arkansas,
is honorable to the sympathies of your
hearts. But the heart often bleeds
at ivhat the judgement approves. A-
mong ourselves, these separations oc
cur almost daily. You advert with
some emphasis to the “circumstances
and means which caused the separa
tion.”
Brothers: We understand that it
was wholly voluntary, and that your
citizens projected the scheme them
selves, as long ago as 1808. At that
time the President was aivare that
the season was unpropitious for so se
rious an operation. Ilis land beyond
the Mississippi had not been explored.
The distresses of the people and gov
ernment were great, and the prospect
of a ivar was in view. The Presid
ent acted as a great and good 'father
to you and advised you not. to go.—>
Since that time it has been ascertain
ed that the country admits of eligible
settlement and organization, and the
most advantageous terms have been
allowed fir your removal. In all this,
ive discover nothing hut the character-
estic magnanimity of the American
Government.
Brothers: You state that you “once
possessed an extensive country, but
that you have made cession after ces
sion, until your limits have been cir
cumscribed.” Would you, if you
could, repossess yourselves of all the
soil which you once held, and allow it
to he peopled only by yourselves?
Would you demolish temples raised la
science and dedicated to God, that
beasts might have a wider range, or
game a broader play? Would you
lay waste a city, that a wigwam
might rise upon its ruins? No, broth
ers; you are now drinking of the
streams of civilizations, and leaving
far behind you the little and vulgar
prejudices of untutored barbarism.
These are giving place to justrand
liberal conceptions of the rights of
man and the bounty of man’s Creator.
You suggest that the eagerness of
your neighboring brethren to obtain
lands is so strong, that a small cession
would not satisfy them. It is true
that self-interest is a strong principle
of action, and in its operations often
requires restraint. In this case, how
ever, this eagerness is considered rea
sonable, and your father the President
gives it his sanction.
We assure you that a small cession
will have a much greater quieting in
fluence, than no cession at all. It is
not altogether fair to set bounds to
eagerness when it is founded upon
rights.
Your allusion to the subject of the
line, run under the treaty of 1819,
will receive due attention before ive
close our correspondence.
With great respect for the council,
and increasing regard for its members,
ive again subscribe ourselves,
Your friends and brothers,
DUNCAN G. CAMPBELL.
JAMES MERIWETHER.
To the Council of the Cherokee Na
tion.