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PHfflIIX.
VOL. I.
NEW ECHOTA, WEDNESDAY IIJLY 21, 1828.
EDITED BY ELIAS BOUDINOTT.
PRINTED WEEKLY BY
ISAAC H. IIADRIS,
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
ear.
To subscribers who can real only the
IPiCherokee language the price will be $2,00
gw in advance, or $2,50 to be paid within the
® 'year.
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.
I Advertisements will be inserted at seven-
ty-five cents per square for the first inser
tion, and thirty-seven and a half cents for
Jeach continuance; longer ones in propor-
>*** tion.
r.j*' AH letters addr<*esp<I to tbe Editor,
post paid, will receive due attention.
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AGENTS FOR THE CHEROKEE
PHCENIX.
The following persons are authorized to
receive subscriptions and payments for the
Cherokee Phcehix.
Henry Hill, Esq. Treasurer of the A.
B. C. F. Mi Boston, Mass.
George M. Tracy, Agent of the A. B.
€. F. M. New York.
Rev; Aj D. E!i#dy, Canandaigua, N. Y.
Thomas Hastings, Utica, N. Y.
L, Pollard &, Converse, Richmond, Va.
Rev. James Campbell, Beaufort, S. C.
4 William Moultrie Reid; Charleston,
|s. c.
U Col. George Smith, Statesville, W. T.
A William M. Combs, Nashville Ten.
i'f Rev. Bennet Roberts—Powal Me.
j| Mr. Thos. R. Gold, (an itinerant Gen
ii tleman.)
CHEROKEE "TREATY.
1 Articles of A Convention, conclud
ed at the City of Washington, this sixth
,f day of May, in the year of our Lord one
f thousand eight hundred and twenty
^ eight, between James Barbour, Secre-
| tary of War being especially author-
| ized therefor by the President of the
, United States, and the undersigned,
I Chiefs and Head men of the Cherokee
| Nation of Indians West of Mississippi,
! they being duly authorized and em-
! powered by theii * 1 Nation.
Whereas, it being the anxious de
sire of the Government of the United
| States to secure to the Cherokee Na-
tion of Indians, as well those now liv
ing within the limits of the Territory
of Arkansas, as those of their friends
and brothers who reside in- states
East of the Mississippi, and who may
wish to join their brothers of the west,
a permanent home, and which shall,
under the solemn guarantee of the
United States, be, arid remain, theirs
forever, a home that &hall never in all
future times, be embarassed by hav
ing extended around it the lines, or
placed over it the jurisdiction of a
Territory or State, nor be pressed up
on by the ex ten tion, in any way, of a-
ny of the limits of any existing Terri
tory or State; and whereas, the pres
ent location of the Cherokees in Ar
kansas being unfavorable to their pre
sent repose and tending, as the past de
monstrates, to their future degradation
and misery; a.nd the Cherokees being
anxious to avoid such consequences,
and yet not questioning their right to
their lands in Arkansas as secured to
them by treaty, and resting also upon
the pledge given them by the Presid
ent of the United States, and the Sec
retary of war of March, 1818, and 8th
October 1821, in regard to the outlet
to the west, and as may be seen on re-
fering to the records of the War De
partments still being anxious to se
cure a permanent home, and to free
themselves, and their posterity, from
an embarrassing connexion with the
Territory of Arkansas, and guard
theiriselves from such connexions in
future; and whereas, it being import
aftt, not to the Cherokees only, but al
so to the Choctaws, and in regard to
the question which may be agitated
in future respecting the location of the
latter, as well as the former, within
the limits of the Territory or State of
Arkansas, as the case may be, and
their removal therefrom; and to avoid
the cost which may attend negotiations
to rid the Territory or State of Ark
ansas whenever it may become
State, of either, or both of those
Tribes, the parties hereto do hereby
conclude the following Articles, viz:
Art. 1. The Western boundary of
Arkansas shall be, and the same is
hereby defined, viz- A line shall be
rim, Commencing on Red River, at
the point where the eastern Choctaw
line strikes said river, and run due
north with said line to the River Ar
kansas, thence in a direct line to the
South West corner of Missouri.
Art. 2. The United Slates agree
to possess the Cherokees, and guaran-
tie it to them forever, and that guar-
antie is hereby solemnly pledged, of
seven millions of acres of land to be
bounded as follows, viz. Commencing
at that point on Arkansas river, where
the eastern Choctaw boundary line
strikes said River, and running thence
with the western line of Arkansas, as
defined in the foregoing Article, to the
south west corner of Missouri, and
thence with the western boundary
line of Missouri, till it crosses the
waters of Neasho, generally called
Grand River, thence due west to a
point from which a due South course
will strike the present north west
corner of Arkansas Territory, thence
continuingdue South, on and with the
present western boundary line of the
Territory to the main branch of Ark
ansas River, thence down said River
to its junction with the Canadian Riv
er, and thence up and between the
said Rivers Arkansas and Canadian,
to a point at which a line running
North and , South from River to
River, will give the aforesaid seven
Millions of acres. In addition to the
Seven Millions of acres thus provided
for, and bounded, the United States
further guarantie to the Cherokee
Nation a perpetual outlet west, and
a free and unmolested use of all the
Country lying west of the western
boundary of the above described lim
its, and as far west as the sovereignty
of the United States, and their right
of soil extend.
Art. 3. The United States agree
to have the lines of the above cession
run without delay, say not later than
the first of October next, and to re
move, immediately after the running
of the Eastern line from the Arkansas
River to the South west corner of
Missouri, all white persons from the
west to the east of said line, and also
others should there be any there, who
may be unacceptable to the Chero
kees, so that no obstacles arising out
of the presence of a white population,
or a population of any other sort, shall
exist to annoy the Cherokees—and al
so to keep all such from the west of
said line in future.
Art. 4. The United States more
over agree to appoint suitable per
sons, whose duty it shall be in con
junction with the Agent, to value all
such improvements as the Cherokees
may abandon in their removal from
their present homes to the District of
Country as ceded in the second Arti
cle of this agreement, and to pay for
the same immediately after the assess
ment is made, and the amount ascer
tained. It is further agreed, that the
property and improvements connected
with the Agency, shall be sold under
the direction of the Agent, and the
proceeds of the same applied to aid
in the erection, in the country to
which the Cherokees are going, of a
grist and saw mill, for their use. The
aforesaid property and improvements
are thus defined: Commencing at the
Arkansas River opposite William
Stinnetts, & runing due North one mile,
thence due East to a point from which
a due South line to the Arkansas Riv
er would include the Chalybeate, or
mineral Spring, attached to, or near
the present residence of the A
gent, and thence up said River
(Arkansas) to the place of beginning.
Art. 5. It is further agreed, that
the United States, in consideration of
the inconvenience and trouble attend
ing the removal, and on account of the
reduced value of a great portion of
the lands herein ceded to the Chero
kees, as compared with that of those
in Arkansas which were made theirs
by the Treaty of 1817, and conventioi
of 1819, will pay to the Cherokees
immediately after their reroeva
which shall be within fourteen months
of the date of this agreement,the sun of
Ffty Thousand Dollars; also an amui-
ty, for three years, of Two Thousand
Dollars, towards defraying fie cost
and trouble which may attehd upon
going after and recovering tkpir stock
which may stray into the Territory in
quest of the pastures from wlich they
may be driven—alsu, Eight Thousand
seven hundred and sixty Dolhrs, for
spoliations committed on them (the
Cherokees,) which sum will he in full
of all demands of the kind up to this
date, as well those against the Osages,
as those against the Citizens of the
United States—this being the amount
of the claims for said spoliations, as
rendered by the Cherokees, and wliich
are believed to be correctly and fair
ly stated. Also, One Thousand Two
hundred dollars for the use of Thomas
Graves, a Cherokee Chief, for losses
sustained in his property, and for per
sonal suffering endured by him when
confined as prisoner, on a criminal,
but false accusation; also Five Hun
dred Dollars for the use of George
Guess, another Cherokee, for the
great benefit he has conferred upon
the Cherokee people, in the beneficial
results which they are now experienc
ing from the use of the Alphabet dis
covered by him, to whom also, in con
sideration of his relinquishing a valua
ble saline, the privilege is hereby giv
en to locate and occupy another sa
line on Lee’s Creek. It is further a-
greed by the United States, to pay
Two Thousand dollars, annually, to
the Cherokees, for ten years, to be
expended under the direction of the
President of the United States in the
education of their children, in their
own country in letters and mechanic
arts; also, One Thousand Dollars to
wards the purchase of a printing press
and types, to aid the Cherokees in
the progress of educat ion, and to bene
fit, and enlighten them as a people, in
their own, and our language. It is a-
greed further, that the expense incur
red other than that paid by the Unit
ed States in the erection of the build
ings and improvements, so far as that
may have been paid by the benevo
lent society who-Jiave been, and yet
are, engaged in instructing the Chero
kee children, shall be paid to the so
ciety, it being the understanding that
the amount shall be expended in the
erection of other buildings and im
provements, for like purposes in the
country herein ceded to the Chero
kees. The United States relinquish
their claim due by the Cherokees to
the late United States’ Factory, pro
vided the same does not exceed three
thousand five hundred dollars.
Art. G. It is moreover agreed, by
the United States, whenever the Che
rokees may desire it, to give them a
set of plain laws, Suitable to their con
dition—also, when they may wish to
lay off their lands, arid own them indi
vidually, a surveyor shall be sent to
make the surveys at the cost of the
United States.
Art. 7. The Chiefs and Head men
of the Cherokee Nation, aforesaid,.
for and in consideration of the forego-
ing stipulations and provisions, do
hereby agree, in the name aqd be
half of their Nation, to give find
they do hereby surrender, to the Uni
ted States, and agree to leave the
same within fourteen months, as here
in before stipulated, all the lands to
which they are entitled in Arkansas,
and which were secured to them by
the Treaty of 8th January 1827, and
the convention of the 27th February,
1829.
Art. 8. The Cherokee Nation,
West of the Mississippi having by this
agreement, freed themselves from
the harrassing and ruinous effects
consequent upon a location amidst
a white population, and secured to
themselves and their posterity, under
the solemn sanction of the guaran
tee of the United States, as contain
ed in this agreement, a large ex
tent of unembarrassed country; and
that their Brothers yet remaining in
the States may be induced to join
them and enjoy the repose and bles
sings of such a state in future, it is
further agreed, on the part of the U-
niled States, that to each Head of a
Cherokee family now residing within
the Chartered limits of Georgia, or of
either of the States, East of the Mis
sissippi, who may desire to remove
West, shall be given, on enrolling
himself for emigration, a good Rifle, a
Blanket, and Kettle, and live pounds
of Tobacco; (and to each member of
his family one Blanket,) also a just
compensation for the property he may
abandon, to be assessed by persons to
be appointed by the President of the
United States. The cost of the emi
gration of all such shall be borne by
the United States, and good and suita
ble ways opened, and provisions pro
cured for their comfort, accommoda
tion, and support, by the way, and
provisions for twelve months alter
their arrival at the Agency; and to
each person, or head of a tamily, if
he take along with him four persons,
shall be paid immediately on his ar
riving at the Agency and reporting
himself and his family, or followers,
as emigrants & permanent setlers, in
addition to the above, provided he and
they shall have emigrated from within
the Chartered limits of the State of Geor
gia, the sum of Fifty Dollars, and this
sum in proportion to any greater or less
number that may accompany him from
within the aforesaid Chartered limits
of the State of Georgia.
Art. 9. It is understood and agreed
by the parties to this Convention, that
a tract of land, two miles wide and
six miles long, shall be, and the same
is hereby, reserved for -the use and
benefit of the United States, for the
accommodation of the Military force
which is now, or which may hereafter
be, stationed at Fort Gibson, on the
Neasho, or Grand River, to commence
on said River half a mile below the
aforesaid Fort, and to run thence a
due East two miles, thence North
wardly six miles, to a point which
shall be two miles distant from the
River aforesaid, thence due W’est to
the said River, and down it to the
place of beginning. And the Chero
kees agree that the United States
shall have and possess the right of es
tablishing a road through their coun
try for the purpose of having a free
aud unmolested way to and from said
Fort.
Art. 10. It is agreed that Captain
Rogers, in consideration of his having
lost a horse in the service of the Uni
ted States, and for services rendered
by him to the United States, shall be
paid in full for the above, and all oth
er claims for losses and services, the
sum of five hundred dollars.
Art. 11. This Treaty to be binding
on the contracting parties, so Soon as
it is ratified by the President of the
United Statps^ by and with the advice
and consent of the Senate.
Done at. the place, and on the day
and year above written.
JAMES BARBOUR. (l. s.)
Chiefs of the Delegation.
BLACK FOX,
(l. s.)
THOMAS GRAVES,
(l. s.)
GEORGE GUESS,
(L. S.)
TOMAS MAW,
v» «•)
GEORGE MARY1S,
JOHN LOONY,
JOHN ROGERS,
J. W. FLOWEY,
Witnesses.
Thos. L. M’Kenney,
James Rogers, Interpreter.
D. Kurtz,
Thomas Mux ray,
D. Brown, Secy. Ch. J)el.
PlERYE PlERYA,
F. W. Duval, U. S. Jlgent.
From the Traveller &. Monthly Gazetteer.
THE PUBLIC PRESS.
This mighty instrument has such
an overpowering influence on the mor
als, the politics, and national diame
ter of this country, that it is devoutly
wished it may ever be wielded by men
of pure hearts, sterling pat riot .sin,
and extensively cultivated ndne.s—
minds exalted above sordid interest,
personal animosities, clanish or geo-'
graphical predilections.
It is a power of vast results, of good
or ill to the present age and seems un
der Providence, to hold thtjinal des
tiny of this government.
As a medium of communication the
Press constitutes a new era in the an
nals of the world; and if it were a
great discovery to ascertain the cir
culation of the vital fluid through the
natural body, it has been a vastly
greater effort of human improvement
to give as by the press, rapid accele-
ration of thought through the moral aud
body politic of an immense empire.
This seems more than human, a
Divine impulse, wafting ideas on the
wings of the wind; addressing individ
ually the inhabitants of a country dis
persed over its extensive regions by
their firesides, where are avoided the
evils of Ancient Republics arising
froih the political excitement of col
lected mobs at the Campus Martius;
from “the stormy wave of the mul
titude,” bverwhelming law, justice,
and reason.
It addresses them thus singly, af
fording an opportunity for cool delibe
ration on the subjects proposed, with
the probability of the usual result, a
safe conclusion.
The diffusion of political knowledge
is but a part of the object of a public
journal. It is pro-motive of a taste
for literature and knowledge in gene
ral; is an indispfcrisable medium of in
tercouse, whose annual expense com
pared to its value, is next to nothing.
It is a Herald from all quarteis of the
globe: and without the regular peru
sal of which, a person in the present
advanced state of knowledge, is inca
pable of taking part in the most ordin
ary subjects of conversation.
As the Press, this great National
Palladium and blessing, by means of
extending information, is liable to a-
buse; it is well understood, that al
most unrestrained as it is in this eoun-
try by legislative statutes it should
come under a formidable, rigid cen
sorship, “ the moral sense,” and
every violation of such a sacred canon,
receive its merited scorn and detesta
tion.
Extraordinary Production.—'We. have
been informed of a production of a sin
gle grain of Wheat, so extraordinary
as to be incredible, if it Were not’
vouched for by the most, respectable
witnesses. In the field of John Steele,
Esq. of Richmond-county, on the low
grounds of Little River, there grew
remote from any other wheat, a bunch
of one hundred and ninety-one stalks,
from a single grain of wheat. Oil
these stalks 154 heads, the largest
measuring 6 1-2 inches, and the aver
age length of the heads 3 1-2 inches;
the total length of all the heads w?.»
46 feet or 552 : inches. The hunch of
wheat when standing, was upwards of
4 feet high, of the Maryland white
flint kind. Unfortunately it took the
rust, so that it did not mature the-
grains, a common thing in that neigh
bourhood this season, on bottom landi^—
Fayetteville Observer.