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The Council to the Commissioners.
Newtown, Cherokee nation,
October 24th, 1823.
IN GENERAL COUNCIL.
Friends and Brothers: Your
communication of the 21st inst. has
been deliberated by the General
Council, audit seems that you antici
pate a hope that your application for
a cession might yet be granted. W e
assure you, in the strongest terms,
that our rejection is founded upon a
mature aud deliberate determination,
which cannot be changed. The title
of the Clicrokees to the lands in their
possession, is indisputable; and the U-
nited States, by the treaty of Holston,
in 1791, in the 7th article, fully de
clares it to be so, by solemnly guar
antying it to them.
Brothers: We are fully sensible
that we are dependent upon the Gov
ernment of the United States for pro
tection, and have ever manifested a
disposition to conduct ourselves in
such a manner as to comport with our
duty in that respect; and we are sur
prised, and at a loss to know what has
given grounds to* harbor a contrary o-
pinion of our disposition in that re
spect. There must be a source from
whence a misrepresentation of our
disposition has been communicated to
our father the President. The re
mark that we made, “that the Cher-
okees once possessed an extensive
country, and they made cession after
cession, to our father, the President,
to gratify tho wishes of our neighbor
ing brethren, until our limits had be
come circumscribed,” was not intend
ed to mean that we would wish to re
possess what we had surrendered, (as
would seem from your eloquent re
marks on that point) but to shew that,
if we continued to yield to our father’s
application in behalf of our neighbor
ing brethren, as we had heretofore
done, that the whole of our lands
would be gone. It is not our wish to
“demolish temples raised to science,
and dedicated to God, so-that beasts
might have a wider range, or game a
broader play,” nor to “lay waste a ci
ty, that a wigwam might rise upon its
ruins.” But it is our desire that
monuments of science may be raised,
by our hands on the dust of our pro
genitors, from which the beasls of the
lield have receded, and the wigwam
is tottering into ruins,
The bow and the quiver are laid a-
side, and the pursuits of the chase
are forgotteu. The axe, the hoe, the
plough, and the shuttle, are intro
duced, and progressing like a consu
ming tire, and it is hoped that a mist
will not arise to dampen its progress.
\ T ou suggest an idea, that, if this na
tion would preserve a compact foi m.
of a territorial government of the Uni
ted States, not within the limits of
the states, no obstacle would remain
to the organization; but, while they
are within the limits of the states,
the state sovereignty must prevail,
and they must become merged in the
white population, and take the stand
ing of individual citizens. And you
further remark, that, incase ofaces-
sion of a part, that all those who do
not choose to become citizens, would
be indemnified for their losses, and
those that chose to become members
of the states can be secured in a resi
dence, and let into all the privileges of
ordinary citizens. Brothers: the sug
gestion of the organization of a terri
torial government, is a subject of too
great weight for the nation to take up
in their present situation, therefore
the suggestion cannot meet our accep
tation. As respects being secured,
with indemnification and residence,
and privileges of citizenship in the
slates, we beg leave to ask you to
look to the treaty of 1819. What was
the provision made for the Cherokees
in the second article of that treaty?
And what has been the course pursued
by the states of Tennessee and Geor
gia, and some of their citizens, rela
tive to the sacred obligations contain
ed in that article? We find that op
position, fraud, and every species - of
injustice, were raised against the in
terests of the poor inexperienced'
Cherokees by them; and before the
aid and assistance of the magnanimous
hand of the General Government
could be extended to their relief, an
entire ruin and loss of property have
been sustained by many of them; and
many of them who are entitled to com
pensation for improvements under
that treaty, have never received one
cent—a very small portion of the im
provements left have been valued and
paid for.
Brothers: We cannot curtail the
preset limits, which has been reserved
to this nation in the treaty of 1819.
The prosperity and future happiness
of our posterity cannot be lost sight of,
when their destiny is placed in our
hands; and should we act as an honest
father, and preserve their interest and
their right, they will rejoice and be
happy in commemorating our names,
when w r e are no more. Under these
circumstances, our brethren of Geor
gia cannot, or ought not, to desire us
to destroy ourselves, so that they may
aggrandize themselves, and raise tem
ples upon our ruin. Their state is
respectable in wealth and in popula
tion, as well as in liberal sentiments of
honorable men, and the extent of its
bounds not small, but considerably
larger than many of the other states
in the Union.
Brothers: We beg leave to present
this communication as a positive and
unchangeable refusal to dispose of one
foot more of land; so that no further
application or anticipation of success
may be encouraged on your part, and
that a final close of the correspondence
on this subject should herewith take
place, as the Council will very soon
rise, having already continued four
days over the time allowed by the au
thorities of the nation for its sitting.
With calmness and cordiality, we
subscribe ourselves as friends and
brothers,
his
PATH X KILLER, Principal Chief,
mark,
his
MAJOR X RIDGE, Sp’lcr. of Coun.
mark.
JNO. ROSS, Pres’t. N. Com.
A. M’COY, Clerk N. Com.
ELIJAH HICKS, Clerk N. Council,-
NEW EC HOT A:
WEDNESDAY, JUNE 25, 1828.
The length of Mr. Ridge’s communica
tion excludes from our paper articles of in
telligence and other matter. We could
not well divide it elsewhere. We have al
ready given our opinion upon this unpleas
ant affair; As a particular account of the
proceedings of Col. McICenney in the Creek
N ation has been given to the public by
himself, it is nothing but just that the de
fendant should have the liberty of a reply.
We understand that Col. Williams, Sub
Agent, and Mr. John Miller, United States’
interpreter, have lately been engaged, un
der the authority qf the General Govern
ment, in burning houses and destroying
corn of the intruders who had moved, in
defiance of the existing treaties, into the
Nation from the frontier of Georgia. We
are pleased with this new instance of the
kind disposition of our “Great Father the
President.”
LOOK OUT FOR ROGUES.
We understand that some person broke
into the store of Mr. Elijah Hicks last
night, and helped himself to a number of
articles, such as pocket knives, shoes, boots,
sugar, whiskey, &c. It appears that the
thief became so intoxicated before leaving
the store as to forget his own shoes.
FOR THE CHEROKEE PHIENIX.
The purpose of this communication
is to expose the evasion of Col. T. L.
MeKenney in his report to the Secre
tary of War, in relation to his conduct
as Commissioner of the U. S. in the
fall of 1827, in the Creek Nation. In
one of his letters, he says that, “it
was not until I had met the Creeks in
a third Council, I could succeed with
them, nor then until in their midst, I
demonstrated the cupidity and bad
counsels of one of these interfering A-
gents, and assuming the responsibility
broke him on the spot, (Query, of
what?) by announcing in the name of
the President of the United States,
that for the reasons then assigned, no
communication of any sort would be
received by the President from the
Creek Nation, if that man had any a-
gency in it. This broke the spell of
their opposition and the agreement
[treaty] was made.” But as my
name was not mentioned and as more
than one of “ interfering Agents” was
intimated I was willing he should en
joy the benefit of his qualified mis
statements. The House of Represen
tatives thought proper to inquire of
the Secretary of War, the reasons that
governed Col. MeKenney in his con
duct, and he was accordingly called
upon to make an explanation, which
he has done; but not with proper re
gard to facts, for he has brought the
“foulest charges” and crimination a-
gainst my motives and conduct in the
Creek Country, all of which have no
other foundation, according to his re
port, than the “ baseless fabric” of
“vague testimony.” This Gentleman
lias passed currently with laurels of
friendship and benevolent considera
tions towards the Indians, and it now
becomes my duty to pluck the un
merited crown from liis head and
pUce, him exposed in his own colors.
I (live my birth to the Cherokee Na-
ticp, and to that only my character is
befetowed for their safe keeping. My
Education I owe to the American
Bjard of Missions, a class of worthy
citizens, who at all times acting from
Correct motives, may be the last to
suspect Col. MeKenney for duplicity
a»d cunning. For their information
thh task of self defence has been un
dertaken.
In the first place I shall state the
proceedings of the Council to which
Col. MeKenney has alluded, his con-
dict and mine, therein, anil his defeat.
Secondly, I shall notice his char
ge on “vague testimony.”
And thirdly, I shall prove that the
tieaty was not made with the Coun
cil, nor at the place reported by him,
but at Fort Mitchell, about sixty miles
distant.
In the month of Nov. 1827, the
Chiefs of the upper towns of the
Creek Nation, who were yet unap
prised of Col McKenney’s coming,
appointed a time for a Council for the
purpose of transacting business in re
lation to the collection of taxes, and
the counting of it previously to the
disposition of it in their Treasury lor
that year. I was invited by letter to
attend this Council. I set out for the
Creek Country in company with Mr.
David Vann, and having joined the
Chiefs of Cheyahha and Telladega,
who were waiting for us, moved on to
wards Tuckaubatehee. At a little
village of Creeks called Foosochha
tehee, or Hatchet Creek, two days
journey from Tuckaubatehee, we for
the first time heard of the expected
arrival of “Land Buyers,” accompa
nied by the Chiefs of the “Lower
Towns.” We reached the town af
ter Col. MeKenney, and took lodgings
with Opothleholo, unconscious of the
impression our arrival had occasioned
in the breast of MeKenney, as our vi
sit was of a private nature. The next
morning the chiefs met in Council, &
I was invited by them to attend and
take a seat among them which was
near their most distinguished chiefs
when a speech was delivered, announc
ing our arrival agreeable to their in
vitation. The Council composed of
the Upper and Lower towns rose, and
individually took me by the hand and
expressed their pleasure at my arri
val. After this, the Chiefs were in
consultation, which resulted in the
despatch of an invitation to Col. Mc-
Kenney and Crowell, to come to the
Council, of which I was informed af
ter the messenger had started. They
came. Opothleholo ordered seats for
them just before him and the princi
pal Chiefs, Little Prince excepted,
who was prevented by his conjurer
from entering the square while he was
sick and under his care. But the
Council was full and had power to do
any business they thought proper.—
Col. MeKenney in a friendly manner
shook hands with me and Mr. Vann,
but Col. Crowell did not and seemed
to avoid an interview. Opothleholo
then told MeKenney, that the Council,
being called for private business, had
made no provision for the subsistence
of a Grand Council any length of time,
and as he had come on the business of
the President, he wished to know
whether he would supply the Council
in provisions. Col. MeKenney re
plied that he had but a short time to
stay, his business being but small and
required despatch and could be effect
ed in two days, and for that period he
would furnish the Council in beef.—
Expressing at the same time his readi
ness to make known his business then,
or any other time the Chiefs should
direct. He was told that when the
Council was prepared they would
send for him on the next day. He a-
greed to it and in company with Col.
Crowell and Mr. Compere, a Baptist
Preacher and Missionary, left the
Council". But Mr. Compere soon af
ter returned and invited us to his
house, where Cols. MeKenney and
Crowell had taken quarters, and said
that he had no doubt but the Colonel
would be glad to see us there. We
accepted the invitation, & in the eve
ning reached Compere’s mission house
in the porch of which were seated
number of Creeks and white men, and
among them Col. Crowell, I shook
hands with all, except Crowell who
refused my hand. Col. MeKenney
soon after appeared, and we sat dow
in another part of the porch from
where Crowell sat, and commenced a
conversation, or rather listened to Col.
MeKenney, who as usual gave us a
pompous description of his travels
and interviews with the Indians. Not
withstanding the polite attentions of Mr
Compere s family, the time passed a-
vvay very unpleasantly with me, in
consequence of having given Crowell
an opportunity of refusing my hand, of
which I could hardly forgive myself.
Mr. Vann during this conversation told
Mr. MeKenney that we had received
his letter at the instance of the Sec
retary of War in regard to our claim
against the Creek Nation for $10,000,
and wished to know of him whether he
would have any objection to give a
verbal statement to the Creeks, of
the origin of this claim. MeKenney
said, he would cheerfully do it, and
he would devote a day to it, and make
the Creeks sensible of its justice.—
“But let me (said he) pass over my
mountain first and then I will attend to
yours.” The letter, marked A will
explain itself. The Delegation at
Washington in order to obtain the an
nulment of the base treaty, saw the
necessity of baiting the Lion, the U.
States, with a large piece of Land,
to induce it to do justice. And as
this Land was about to pass away
from under their feet, they wished us
as friends to procure us reservations
of 460 acres each in fee simple, and
directed us to negotiate for them-—
We did so and succeeded so far as to
obtain the Secretary’s promise to us
for $5,000 each in lieu of the reserva
tions,which would be less objectionable
to Georgia, on who had-formerly com
plained of reservations being given to
Indians. This sum was accordingly
added to the consideration money of
the new treaty. The Creek Nation
paid us for our services as secretaries
to their Delegation, but the commu
tation money, iu lieu of the reserva
tions was withheld, as we were in
formed, by misrepresentations of our
arch enemy, Col. Crowell.
At a late hour we started to our
lodgings in the night, Col. MeKenney
having attended us to our horses and
politely wished us “good night.” In the
evening of the next day, the Chiefs
having assembled in Council sent
word to Col. MeKenney that they
were ready to hear his talk. MeKen
ney came and delivered a speech to
them, no doubt in style and manner
practised among the Chippevvays,
Kickapoos, Menominees, Sioux, &c.
That the Great father told him to go
and visit his red Children to the cold
country at the lakes,then to his children
who live where the Sun sleeps, then
those who live in the warm country
and by all means his Creek children.
He obeyed and went in stages and
travelled far—then got into the great
canoe that carries fire in its bottom
and sends its smoke to heaven, aud
travelled to the great lakes, where the
winds live and where cold dwells and
makes the waters to freeze hard so
men and cattle can pass over dry shod
lie left the big canoe, and entered in
a bark canoe and went up a river
whose rapids were like the falls of
the Tallapoosa, and found Indians.
They were sitting in darkness aud had
not heard their father’s talk for a great
while. Their paths were choked up
with briers and their feet were bleed
ing. He gave them their father’s talk
and with it the light, and cleaned
their paths of briers, and cured their
bleeding feet—the Indians were glad
but said when you go away the briers
will grow again, and again our feet
will bleed—he asked them why? Be
cause, said they, we have bad birds
among us and they make the briers to
grow. Tjien he drove away these
bad birds from their country, and left
a mouth with them, and told them they
must listen to that mouth alone,
would talk the voice of wisdom from
Washington, and if the bad birds come
hack again to listen to them no more
They promised him they would do as
he told them, and then shook hands
with them and went to another river
to which he had his canoe carried
went down that river to the great fa
ther of rivers, the Mississippi. His
subsequent speeches, in this Indian
inspection summer travel, were
similar to the above, among all
whom after clearing the briers from
their paths and healing their bleeding
feet, he left “a mouth to speak the
voice of wisdom'from Washington.”
He arrived at last among the Chicka-
saws and Choctaws—they knew him
and were glad to see him—their hearts
grew so warm and big within them,
that they could scarcely breathe, they
felt so rejoiced, because they had;
him at Washington near their Gr
Father, and because they knew ty
he always carried a sweet thing vn
his tongue for the Indians. He
the Chickasaws had received his taj
and because they had drank from
pure water that flowed from the spril
at Washington, the Chickasaws wouf
become a great Nation, mark it, till
would live to see it. Now he wa.;|l
the Creeks to listen to what he xvl
going to say. It was the talk of the]
Great Father. If he made a good tal
to put it in their hearts, if a bad ca
put it under their feet.
There was a small strip of land
their country which the treaty
Washington did not embrace, and
the Georgians wanted it, & as the Del
gation promised, if the treaty lim
did not reach it, that they vmd
throw it in, he wished them to carp
their promise into effect, and give J
the land, and he would pay them wel|
for it. He understood that some pe
pie regretted that this strip was no
included in the new treaty; for liii]
part he was glad of it, as now t
Creeks would enjoy from it an addiJ
tional consideration in money. Tim!
was about the substance of his talk in|
regard to this strip of land, or as the
Creeks call it, E-kan-nah-silk-ee
The greatest part of his talk was ir-
elevant to the subject matter of hwl^i
bjcct, consisting in gross Indian aiii^
disgusting flattery. He wished an
answer immediately. He wished to
be gone soon, as be was afraid the
President might shake himself before
he heard from them, he however had
written on to him from Fort Mitchel
and had told him to be still and not
shake himself for ten days longer, as
he would vouch for tho Creeks they
ould do what was right and comply
with their father’s wishes. The
Chiefs, by tlieir.speaker, replied that
tomorrow they would give him an an
swer. He wished it then, it was a
plain talk like his walking stick; he
did not ask them to count the leaves
tree, pointing to it, or to pick
ma<
bou
lent
stri
dill
leh
ang
tal
we
day
giv
str
uni
the
no 1
an
ru
sc
of
dii
cc
hi
di
th
so
a
it
til
ai
V
d<
P
it
d
U
tl
w
w
d
f
of
burs from a horse’s tail. The speaker
said, the council was composed of sev-
hundred, among whom were a
eral
all
of
great many that had but little sense,
and could not understand a plain sub
ject, in so short a time, and they must
think on his talk until tomorrow.—
M’Kenney had to acquiesce in this de.
termination I said he would wait theirj
lime, and hoped their consultation!
w'ould result in the adoption of his 1
talk, which he knew w'as for their
good. The time allowed for the con
sideration of Col. M’Kenney’s|talk was
spent, and he was called upon to listen
to the reply of the Council by Opoth
leholo, in substance as follows. “We
have bestow’ed attention to your . talk
of yesterday, and have determined'to
give yon an answer. When our Del
egation were at Washington it was
their purpose to get justice of the U
nited States in annulment of the base
M’Intosh treaty, which was not grant
ed, how r ever, without an immense sa
crifice on our part of our lands, so fast
were we held in difficulties, & so un
merciful were those who wanted our .
lands. In this treaty of Washington, ;
the limits of our country were specif- v '
ic and designated, and guarantied to us
by the General Government. We
have but little land left and only suf-
fficient to raise our children upon.— | I
We had hoped a remission of your ear- * 1
nestness for our lands after having ob
tained so much from us. The verbal
promise you spoke of yesterday was
not made in the recollection of the
Delegation. If such had been the un
derstanding, the w r bole chartered lim
its of Georgia would have been surren
dered in the treaty, but it is not there
so w r ritten. This is all we have to
say on the subject.” Col. M’Kenney
then referred to me as having made
this verbal promise, “that if the trea
ty lines did not comprehend the whole
of the Georgia limits, the nation would
throw' it in.” The Creeks requested
me to make a statement to Col. M’
Kenney in regard to it, wdiich I did by
telling him, that in conversation CoL
M’Kenney.said if it should happen that
these treaty lines come close to take
in the Georgia limits, would the
Creeks give it up? Not acting offi
cially at the time, and not authorised
to make a promise, being a subject of
incidental conversation, I said that if
the lines should come short of a small
strip, such as a mile or two, I did not
presume the Creeks w r ould object to
their extension. I told the Creeks
this was all I recollected of the sub
ject. Col. M’Kenney, then insisted
that I w T as thoir secretary and had