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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, i owy 3 4 A VC-A A D ESi J E (V G A. tfOAVXjBA TAAiT U*V* JIxfBAA I-4<»A. D9AE AhCShAoBV KT^l d^p (pojba I Jv4oBA, TCTZ TEAlO-d’’ P0J>5ic®I v oBA. | TGVZ rap TcS0”A TB DOJ^oBFoBA, KT | D5-R O’OJBA I*4oBA. DSA>S>m>EZ TB yW Dej^p'MLt, o-y^iT d.?p ipo-iba i-4<R!.a. Gwyz (pc.R AiiWiiAday, \vp«v* i CP0JBA 1-40®A V>9AB(J», TG*Z TEkSSO-IT DO" i KTJ1Z D$P yw <SI» 0’SABA* VAR D0.T^io®Ivoejt. 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. a©e<?„<r>o®j Gwy o’gtfs. [AStffMP DL AIrtfBA.] *h-^iy d^p *©t.o-ticsy d«t Ah>w©i, LSA<r DS-q-V IiI-RO S0I.SE, TGTZ Gofy <JOWBRA>S> Ml qiiACsO TI-46BA, Gi»yz o 3 asy, d<t y« G«>y o’Otir’ ©sz- yj?0®vl Go®y Dlrsy, DoBAA**" LIrRriBl-.a?- dBA (PJEJCA, D(T Gt* ©ShBA«BA»S> GoBy T- GVd®.I I-R DIpSO-T. TCTo®yhZ G«y Dh>- ZAAA G’JBA.S 3C2ACrO*6«V* TI-4«»A, t,«v*j»yi» G»®y T(r<»A Jh > ft©ciBT,.aA, vw Go®y sh>a©dBwi?oBA i»eo- a©o&,<r^sA g- dty«V»Z TDO-AdBI-dBA DlrhBRPriBAKWZ JE- G.G.J, DcT Dh>0A./lfoBA 0>APZ TST DJ.5- vcy Gvty (vtp asfobaoBmjba 3Eg,g:a g- aty Dirsy dr-iugo-a. ad ©p/iy <*>kp- AU'V* JP/1C= 12 0-T.9X 1825. tea, 28 sitza 1826. DPjiy, ©h j©d®J©. SO-BLy. O-ZoPTrA, GP. ft. 4%!>, D^P AAiUFoSy. swyo, .lAi'Pdcy sswoi. 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- cMrJiy D^P *©X.0“li9®y, D<f AIrWSJ, hSAG? T.h/l’U Drf Al'eSA O’Od'VY'U Gt, y©Z TDT,0“dei-(»J[ ^T^.Z T-9AP ®S©o'®I-(5®A Gt- Z O a T.O-R ©AWaoBEO-WZ TI-4A'A y© hE»J,5i>BI-«!A Go®y 11.04 Dtf 9SGI-R tv- Sh4o®AW*Z Gc®y Gt, G>J1\V(T I T, Z y© ©IVy^, R05 Gt r E<AAlV.Io®a TI-4t».I TOJ*^ GO/lWao®A TJWoP hSPc»AotI-o®A AI> GP/iy WAG: 10 0*B3X, 1825. AA<V*W+ PTf«rho®t v ri®A G«>y A©- O&.lT’A'.I I-4o®A. TKA, 28 SIiZA 1826. DPJiy, Oh JQovJ®. S0-T,Ly. O-ZoT-T.^, GP. R. AAJJPoBy D^?P ©Ha. swyo, jtAiSSPo®y d^p ssw©;. *Ir/iy D^P CGtO-tAiy, Dd" Ah>IV©iT, tcr-z yo G«;y cpxagta o=tp sobt Dhoa- ;ltfd®'A (PP/1C= WQPT* TI-EAA* Gdty 0E- a«TveiA, *hCVZ TAM(VAo®I-«!A RTIV- SAda Gd®y CPA ACTA CPTFS TRPdtI-j?A AV d'hoBI-oBA DJIVSAliT ©ShO- Gd®y J- E(LW0“A S0CT (PPA(T» ^UVSZ Tc30*A SD- oBTideA Gdty D5-4 AECvIiO-A, GcBy TCTZ hSPdBAdBI-oBA O’AACTAi GoBy O^TP I-R SG- £T TDAAGVvRdBI-diiA D1>W« O.GRoBWO-0 A- WS TiSO-A I-RT DS.1BRA-W TI-4(iBA GoBy DIr0A^ . JE&.W0-A DS>q T.Ip/lPdBA.W AD GPJiy d^KPArM 1 * (TP/LCs: 25 ShZA 1825 ^0£GT O’OFJ* Jh-n«dBT.^lA A©/tTA»5 AA<y* AD DWhoBI-oBA: ACOCu.lT’dBA Goiy T- l-4of A. TKA, 28, ShZA 1826. DP^iy, GhJOdBJ©. SO-LLy. O-ZoPTiA, GP. R. ^S.5, D^P AAdljPoBy. SWyo, AAiUPoBy $8W©X. l^Ir^iy D^P dSOBO-tcoiy VS AIpIVSI, TySAca D9-G lrjyjlP D9ABAR DhGh«h J-ASE I-S.rBRK.GT GoBy EhGT*V« Dh *1p/11p D» WS.TJ9 DhoiHicSW* D94 CPO-R ayovA*, D<T AkC!P D9-U A^A 0 3 hE©GVA^i'V' 1 J0TP O’O-R JASBA I-4dBA. tka, 16 o-irx, 1826. Gh J©oBJ©, AXBAGT D^!P ©tlA. so-t.Ly. *BCT dtrcWA^-aO, 0-Ze?-BA, DyF,©GTA, GP. r. rs* } AAiMPdcy d^p ©xia. sivyo, AAJSJPoBy d^p ssw©;. 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