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CISEBOKEE
JdVdFOa
PH«EWX.
VOL. I.
XEW ECIIOTA, WEDNESDAY OCTOBER 22, 1828.
NO. 34.
v
EDITED BY JiLlaS BUUDINOT1'.
PRINTED WEEKLY BY
ISAAC H. HARRIS,
FOR THE CHEROKEE NATION.
At $2 50 if paid in advance, $9. in six
months, or $3 50 if paid at the end of the
• year.
To subscribers who can read only the
•herokee language the price will be $2,00
ft 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
aew year.
Any person procuring six subscribers,
<and becoming responsible f’o? the payment,
shall receive a seventh gratis.
Advertisements will be inserted at seven
ty-five cents per square for the first inser
tion. thirty-seven and a half cents for
each continuance; longer ones in propor
tion.
jCj*»\ll letters addressed to the Editor,
jp.st paid, will receive due attention.
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v^GENTS , FOR THE CHEROKEE
PHCENIX.
The following persons are authorized to
receive subscriptions and payments for the
Cherokee Phoenix,
Henry Hill, Esq. Treasurer of the A.
9 C. F. M. B Won, Mass.
Georoe M. Tkacy, Agent ofthe A. B.
C. F. M. New York,
Rev. A. D. Eddy, Canandaigua, N. Y.
Thomas Hastings, Utica, N. V,
Pollard &, Converse, R chinon 1, V a.
Rev. James Campbell, Beaufort, S. C„
William Moultrie Reid, Charleston,
•S. C.
Col George Smith, Statesville, W. T.
William M. Combs, Nashville Ten.
Rev. Bennet Roberts—Powal Me,
Mr. Thos. R. Gold, (an itinerant Gen
tleman.)
Jeremiah Austil, Mobile Ala,
GENERAL COUNCIL OF THE
CHEROKEE NATION.
MESSAGE
of the Principal Chiefs of tiie
Cherokee Nation, to the Gen- ;
eral Council.
To the Members of the Committee and
Council, in General Council convened. j
Fellow Citizens:—In addressing*
you on this momentous occasion, we
cannot, in justice to our feelings, for
bear a solemn pause, and with
grateful feelings meditate on the ma
ny blessings which a kind Providence
has conferred on us as a people. Al
though we have had trialsli tribula! ions
to encounter, & in some instances, the
ead effects of intemperance have been
experienced within the circle of our
citizens, yet, there is every reason to
flatter us in the hope, that under wise
and wholesome laws, the preponder-
•atibg influence of civilization, morali
ty and religion, will secure to us and
our posterity an ample share of pros
perity and happiness.
Occupying your seats by the free
suffrage of the people, under the privi
leges guaranteed by the Constitution,
the various subjects requiring your
deliberation the present session, will,
necessarily be important. The or
ganization of the new Government,
the revision and amendments of the
old laws, so a*s to make them in unison
with the principles ofthe Constitution,
will require your attention; & it cannot
oscape your wisdom, that the laws
should be short, plain & suitable to the
condition of the people, and to be well
■executed. The Judiciary system d e *
mands your serious deliberation, and
the mode for conducting suits in courts
should be free from all complicated
formalities, and no other form should
be required than, to let both uni ties
know distinctly, what is alledged, that
q fair trial may behaij.
A law should be passed requiring man
agers & clerks of *11 public elections to
register the names of the persons voting
as well as the names of the candidates
to whom the votes are given, by ob
serving such a course, illegal votes
will be detected, and the elections
conducted with more regularity, har
mony, and satisfaction.
The public press deserves the pat
ronage of the people, and should be
cherished as an important vehicle in
the di fusion of general information,
and as no less powe-ful au;ii'nry in
asserting and supporting our political
rights. Under this impression, we
cannot doubt, that you will continue
to foster it by public support. The
only legislative provision necessary for
conducting the press, in our opinion,
is to guard against the admission of
scurrilous productions of a peisonal
character, and also against cherish
ing sectarian principles on religious
subjeots. The press being the • )
lie property ofthe Nation, it would ill
become its character if such inf-lnge-
ments upon the fecii' <> the people
should he tolerated. In other res
pects, the liberty bf the press should
be as free ns the breeze that glides
upon the surface
From the accompanying memorial,
signed by several of our respectable
citizens, together with the public
Treasurer, you will discover that fur
ther indulgence is < ailed io** in behalf
ofthe public debtors, and it is for
your wisdom to deter mine, whether,
it would be just and proper, that the
law requiring the Treasurer to'call in
r. 11 the money lorr.ed out, should be a-
mended so as to rive further indul
gence to ihe borrowers, that the pay
ments may be made by reasonable in
stalments. Owing to the extreme
scarcity of mom y, from the general
pressure in business, such indulgence
would, no doubt be, a great relief; and
the probable distress and ruin, from
the sacrifices of property consequent
from public sales may be averted.
After receiving the Treasurer’s re
port and ascertaining the true condi
tion of the public funds, it will also be
your province to determine the expe
diency of making suitable provisions
for the erection of a National Acade
my, at New Echota. This subject,
has for some ‘itne past been agitated,
and is anti -ipnted with the warmest
zeal by the reflecting part of our citi
zens and : t should receive your par
ticular attention. By the Treaty of
■ 1819, four tracts of land, equal *o fif
teen miles square were reserved for
j the purpose of creating a revenue for
1 a school fund, to he applied under the
direction of the President o r the Unit*
i ed States, for t‘,e education of the
, youths of this Nation. The lands
I were to have been s<!d under the di-
[ rcction of the President in the same
manner, as the public lands of the
United Stales and notwithstanding the
repeated anil urgent requests which
have been mode, fo** the sale of these
lands, and the no less repeated prom
ise on the part of the General Govern
ment to attend to it, for reasons un
known, they are not yet sold. We.
would recommend you to memorialize
the President on thin important sub
ject, and resnectfully to request that,
the available funds may be applied to
the support of the contemplated Na
tional Academy.
The several charity schools in thL
country .under the imediate patronage
of benevolent societies of the several
states should not escape your notice.
\R1iq’ the superintendents of these
schools, under the direction of re
spective societies have the right of
conducting them, according to the die
tates of their own discretion andjudg
meats, yet, without presuming any
disparagement to their regulations,
wo would suggest the expediency of se
lecting a visiting committee on the part
of Ilia nation.for tlio purpose of inspect
ing their public examinations,& at such
other tinr-s as said Committee may
deem nroner. and that they should be
required to make a gene.ral report on
the stgte. of improvement, to. be
laid before the session of each Gen
eral Council. Such a course pursued
by tl.te authorities of the Nation in
relati on to the/e institutions, would no
doubt excite/an interest among the
pupils , and /dd to the vigilence of
their preceptors, and at the same
timepi’oducf general satisfaction.—
An indiifferert course perhaps might,
eventua lly produce relaxation and a-
pathy ill their operations, and we
should endeivor to avoid the dishonor
of any circumstance which might pos
sibly take* place, that would defeat
the fondes t expectations of those, up
on whose benefaction they are found
ed.
The circumstance of our Govern
ment assuming a new chancier under
cunsihutiOiial form, and on the prin-
iples of republicanism, hat, in some
degree, excit cd the sensaton of the
public characters of Georga, and it is
incerely to bo regret ed tlat this ex
citement should have been manifest
ed by such glaring expresdons of hos
tility to our tru’e interests' By the
adoption of the Constitution our rela
tion to the United States, as recog
nised by existing Treaties, is not in
the least degree alJected, bit on the
contrary, this improvemsnt in our
government, is strictly in accordance
with the recommendation, views and
fishes of the Great Washirgton under
hose auspicious administiation, our
Treaties of piece, Friendship and
protection were made, and whose po
licy in regard to Indian civilization has
been strictly pursued by tic subse
quent administration.
The pretended claim of Georgia to
portion of our lauds, is alleged on
the following principles. First, by
discovery. Secondly, by conquest.—
Thirdly, by compact.
We shall elideavor briefly to eluci
date the character of this claim. In
the first place, the Europeans by the
skill and enterprize of their Naviga
tors, discovered this vast Continent,
and found it inhabited exclusively by
Indians of various Tribes, and by a
pacific courtesy and designing strata
gems, the aboriginal proprietors were
induced to permit a people from a for
eign clime, to plant colonies, and
without the consent or knowledge of
the native Lords, a potentate of En
gland, whose eyes never saw, whose
purse never purchased, and whose
sword never conquered the soil we in
habit, presumed to issue a parchment,
called a “Charter,” to the Colony of
Georgia, in which its boundary was
set forth, including a great extent of
country inhabited by the Cherokees
and other Indian Nations.
Secondly. After n lapse of many
years when the population of these Co
lonies had become strong, they revol
ted against their sovereign, and by suc
cess of Arms, established an Indepen
dent Government, under the name of
‘‘the United States.” It is further al
leged that the Cherokee Nation pros
ecuted a war it the same time against
the Colonies.
3dly. Several years after the treaties
of peace, friendship and protection,
which took place between the U. S.
&the Cherokee Nation, and by which
the faith of the United States was
solemnly pledged to guarantie to the
Cherokee Nation forever, their title*
to their lands, a Compact was entered
into between the United States and the
State of Georgia, by which the Uni
ted States promised to purchase, for
the use of Georgia certain lands be
longing to the Cherokee Nation, so
soon as it could be done on reasonable
and peaceable terms.
Thus stands the naked claim of
Georgia to a portion of our lands.—
The claim advanced under the pica of
discovery, is preposterous. Our an
cestors from time immemorial posses
sed this country, not by a “Charter”
from the hand of a mortal King, who
had no right to grant it, but by the
Will of the King of Kings, who creat
ed all things & liveth forever & ever.
The claim advanced under the se
cond head, on the ground of conquest,
is nor less futile than the first; even
admitting that the Cherokees waged
a war with the Colonies, at the lime
they fought for their Independence.
The Cherokees took a part in the
war, only as the allies of Great Bri
tain, and not as her subjects, being an
independant Nation over whose lands
she exercised no right of jurisdiction;
therefore, nothing could be claimed
from them, in regard to their lands by
the conqueror over the rights of Great
Britain. At .the termination of the
war, the United States negotiated with
the Cherokees on the terms of peace
as an Independant Nation, and since
the Close of that war, other Avars took
place, and at their terminations, oth
er treaties were made, and in no one
stipulation can there be found a single
idea that our title to the soil lias been
forfeited, or claimed as the terms of
peace; but, to the contrary, we dis
cover that the United States solemnly
pledged their faith that our title should
be guarantied to our Nation forever.
The third pretension is extremely
lame. The United States enters in
to a compact with Ceorgia that they
will purchase certain lands, which be
long to us, for Georgia, so soon at they
can do it on peaceable and reasoaable
terms. This promise was made on the
part of the United States with
out knowing whether this nation
would even consent to dispose of those
lands on any terms whatever; and the
Cherokees not being a party in the
compact, their, title cannot be effect
ed in the slightest degree. It appears
astonishingly unreasonable, that all
those hard expressions of denuncia
tion which have been unsparingly la
vished against our sacred rights and
interests, by interested politicians,
have arose from no other circumstance
than our honest refusal to sell to the
United States lands, for the fulfilment
of their Compact with Georgia. Al
though our views & condition may be
misrepresented—although we may be
stigmatized with the appellation of
“No-bobs,” and should be represent
ed as ruling with an “Irod rod” and
“grinding dovm into dust the %cretched
and abject mass” of our citizens; and
although wc may be called avaricious
for refusing to sell our lands, we should
not be diverted from the path of rec
titude. In all our intercourse with
our neighboring white brethren, we
should endeavor to cultivate the ut
most harmony and good understanding,
by strictly observing the relations
which we sustain to the United States.
Owing to the various misrepresenta
tions respecting us, we have been fre
quently called upon to make a treaty
of cession; and under the hope of suc
ceeding with us, a treaty has been en
tered into by the United States with
that portion of the Cherokees who
have absolved themselves from all
connection with us, by removing west
of the Mississippi, and establishing
themselves there as a distinct commu
nity, stipulating that all those Chero
kees residing east of the Mississippi
who will consent to emigrate west of
that river, shall receive a bounty con
sisting of a rifle gw, a blanket, a steel-
trap, u brass kettle and five pounds of
Tobacco. Such are the temptations
offered to induce us to leave our
friends, our relatives, our houses, our
cultivated farms, our country, and
every thing endeared to us by the pro
gress of civilization—for what? To
tread the barren wilds and dreary
waste on the confines of the rocky
Mountains, with those necessary ac-
countrements and appendages of the
hunter on our backs, in pursuit of the
Tuffaloe and other wild animals. With
the view of carying this burlesque on
our happiness into effect, the United
States’ agent for this Nation has been
instructed by the Secretary of War,
to visit us at our firesides, accompa
nied by James Rogers and Thomas
Maw, two of the Cherokees residing
west of the Mississippi, and who com
posed apart of the chiefs (hat negoci-
ated the late Treaty. This extraordin
ary movement has been made, though
without any effect; and we are happy
to state, that cur citizens generally,
have treated the Agent and his as30^
dates with civility, and have with
great propriety restrained their indig
nant feelings from committing any vi
olence on the persons ofthe two Ar
kansas chiefs, for the indignity offered
by the design of their visit. We
would recommend you ns the imme
diate representatives of the people,
to submit a respectful memorial to (he
Congress of the United States, ex
pressive o 1 the true sentiments of the
people respecting their situation, and
praying that measures may bo adopt
ed on the part of the United States
for the adjustment of thfiir Compact
with the state of Georgia, otherwise
than to anticipate any further cession
ol land from this nation.
WILLIAM HICKS.
JOHN ROSS.
New Ecluota C. N. Oct. 13. 1828.
Na tional Committee.
The National Committee mot on
Monday 13th October, agreeably to
the provision of the Constitution, at
New Echota, when there not appear
ing a quorum of members, they ad
journed to meet on Tuesday 10 o’clock
October 14.
MEMBERS OF THE NATIONAL
COMMITTEE.
Richard Taylor, 3
John F. Baldridge. ) Chickamaugn
Edward Gunter,
Dan’l Griffin Jr.
Joseph Vann,
Georgf. Sanders.
^ Chattooga.
j- Cooseicalce.
David Vann, > „
Jos. Vann, \ H 'S h Toner
James Daniel, > rr . ,
Saml. Downing. ^ Hickory Log.
William Bolfn, J
Alexander M’Daniel. $ Ta ' i quoheK
Samuf.l Ward, } a
John Timson, \ •*!“«»■
Thomas Foreman, }
Lewis Ross. £ M-mo-kee.
Tuesday, Ocl. 14.
The National Committee met a-
greeably to adjournment when, a quo
rum being formed, they proceeded to
the election of a President and Clerk
Pid. Tern. Lewis Ross was elected
President, and David Vann Clerk.—
After which, they proceeded to the
examination of the certificates and re
turns of the members, when each pro
duced his certificate, was qualified,
and took his seat.
The house adjourned to meet Wed
nesday, 9 o’clock, October lcth.
Wednesday Oct. 15.
Tlie House met agreeably to ad,
journment, and proceeded to rht elec
tion of a President and Clerk for tin
session. Lewis licss was electc<
President,^ and William S. Coody
Clerk. The House being organized
proceeded to business.
Rules for the regulation of the Natior.a
Committee.
The following rules were submittei
by Messrs. James Daniel, Josej!
Vann and David Vann, and adopted U
the House.
L Each member shall be seated
and whenever he wishes to addivs
President he shall rise up in Ins place
2. No member shall be allowed t-
speak more than twice upon any reso
lution, or bill, but with the consent o
the President.
3. Whenever a member shall intro
dace a bill or resolution, it sha.Il be ii
writing, unless for adjournment, o:
tbq previous question.
4. When two members rise to spotil
at the same time, the President yhal
decide who shall take the floor.
5. Whenever a member is callei
to order hv the President, or a mem
her, ho shall sit down, or explain be
fore be shall be permitted to continui
the debate.
6. When a communication is re
reived by the Committee, from tin
Principal Chiefs or Council, all d e
bate shall be discontinued until th<
bearer leaves the Committee room.
7. Each member that absents h'm
self fifteen minutes after the time ap
pointed (by adjournment) . for meet
mg, shall forfeit twenty five cc:lj
and for every half* hour thereaftei
