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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