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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 '■ ;bs, or $3 50 if paid at the end of the To subscribers who can read only the Serokee language the price will be $2,00 ^advance, or $2,50 to be paid within the r. livery subscription will be considered as tinued unless subscribers give notice to contrary before the commencement of a year. ny person procuring six subscribers, becoming responsible for the payment, 11 receive a seventh gratis. ,, dvertisements will be inserted at seven ty-five cents per square for the first in9er- tjpn, and thirty-seven and a half cents for continuance; longer onoa in propor- * CP All letters addressed to the Editor, st paid, will receive due attention. ©ivy j rf ,/i u o-a d ii s» ar e Cv® ®V>eAIiX(»vt V*V* JIirfBA.1 b-4>6b.l. hoae aiiC5ii.i<ay kta npp o’gjb.i TCTZ TEOttO-rf 1 DGJ^bfcl-o®.!. TGTZ V>LP ToSO-A TB DOJAiDI-ot).*, KT (PeJBa I-4m>.I. DSvI>3><XiEZ TB yiV o-yyiT d^p (po.jb.i i-4c£u. jewyz CP&.R .ZhCflh.IriSy, WP-V- DS-U BJB.I I-4<£.I FS.IBlT’, TCTZ TE^OT 5 DO” KT./1Z D^P y\V <6h 0 3 3JBJT IR D0.Jr5»i>I*'<K!»I. ENTS FOR THE CHEROKEE PHOENIX. The following persons are authorized to 1 eive subscriptions and payments for the erokee Phoenix. _ENRY Hill, Esq. Treasurer of the A. C. F. M. Boston, Mass. ■George M. Tracy, Agent of the A. B. i; F. M. New York. ev. A. D, Eudy, Canandaigua, N. Y. _ homas Hastings, Utica, N. Y. Poulard &. Converse, Richmond, Va. Rev. James Campbell, Beaufort, S. C. illiam Moultrie Reid, Charleston, C. fCol. George Smith, Statesville, W. T. C William M. Combs, Nashville Ten. &II$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. a©Ge„<r\».i ewy cpgtps. [ASd'O'T’ Di> AlrrfE.I.] tfRAy D4?P c&CMKboSy Drf AlrlVOl, ^iiESGr-n o’hF.oGrvj Gwy^, uhiveyz s- A1VJP Drf BWJP D^P lhW@l .I'aAJoiiy- Z JIiIV©T«!a^)?rvUaR D(T DOWoty a<«>y Drf iis jc?- d^p o’gtp Givy*5i Jh-a- ©ofLyiA DL«V* G»y USh'GeeSlL/L^e MIT D 0 4P P- of-I 0V1W0-A Dh/lToi!.Z,yri«'<».I yffiZ G(S;y nir.AT'G^ C s 04PAacS'Kt»J OG- FAht.oea/5*l M IiKRG SIvQe^L.l&T Do’ ZR DhSWrfr GoTy CPO-A.l^. tk.i, 13 shz.i 1826. DPJiy, Gil .T©Jt.I©". SO-LLy. O-Z op !»./), GP. R. rSx’b, D^P JtAWPSby. swye, aAJ!SPc»y ssw©;. Ab.ay d^p <5Gt,o-!:<«>y, Drf Airiv®;, TG'Z yffi hA^GTitoDEG TI^4<»a Rrfj O’JIIV- 0-A Drf T.Ihr<S>E 9y-a©«'iI..n'£lZ RS.JBR.I- >s> Drf Ty^ipaioj,!) 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"brf Gts*v o’^zzioxy o 3 <»so|- CZA ^SK4ca)U TCTZ (F^ZZloiE TCT COabSQ- Drf oesjer rf-h-yiy, tgt o’jij Drf qi.o-^0 DtS'SO-P'fti'.I ;B O 3 otS0'C" DSIiO-T).! ’SI v 4«'4. Drf gd^h-yiy, tg’z y© P'hArfeP'law Drf SO-OoD.IdiP'Ml-I DJD Drf DIv^G, Db wivs TGrsaDir’ iiD-rg, Drf cp^z^icsy vc o^yiJ (Fotiso-Td^a^), Ooiyz i<&, DoDso-koC.!; O’TiShO- Drf 0’t!0“©o®BO" O’P^PS^I I«4o?4 o 5 c.n4« <j«>so-k TGr<».i, o’AMa.T’RPosaa, ^40?^ o’CJi'V’ cocso-c^ o 5 !at*- .l<yi)JL TGTobJl. tka, 14 shza, 1826. Gil J©d?JO, JtXLJTGT D43P CHX so-iii.y- *LG?' O-ZoT-M, DyEOCT^, GP. R. a-’G.a, JAAJPwiy D,ip SMUT. sivyo, .lArfJFoiy d^p ssw©;. 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.