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PH4EWIX.
VOL. I
IEW EC SI OTA, WEDNESDAY DECEMBER, 29, 1828.
NO.
B01TKI) I!V I'Ll >S 130UD1NOTT.
PRINTED Vt'iSEKEY BY
ISAAC II. HARRIS,
FOll THE CUF.ROKF.E N'.VTio;..
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f< tvy X <f .1 U C v A AD Mi JF.&C.I.
rOALX^'A TtAf 3 JIuTB.WI K4.»*I.
b «).1E .IhC5hA<*y KT.l P£P POULI
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a. KT.1Z P.IP OAy-V O-S.UJ'
li.lR Dfc.T^o*K'o^.T -
knowledge, to forthwith arrest such
violators, and carry them before one
of the District Judges, who shall bind
them over to appear at the next Dis
trict court for toe District in which
tiie offence shall be committed, in a
bond with stub security as the said
Judge shall deem sufficient to compel
the said violators to appear at the
aforesaid court and stand Iheir trial; j . ,,, r , A -
. . . .. an mo t tic treasurer of me Na
and in the event ol any person or per- I
sons so arrested refusing to give ^
and sufficient security for Ins or the!.-
appearance at court, as aforesaid,
fence; he shall be punished with thirty j
rune lashes on the bare back.
Aew Echota, JYbe. 12//i, 1828.
LEWIS ROSS, Frcs’t (‘om.
Concurred, OplNO SNAKE, Speaker.
Approved, Jj^O. ROSS.
Resolved by the Committee end Coun
cil, in General Council convened, That
i e Jrv\ passc/d 4th day of July, 1827.
i tion, ? > \ .Js ■ ■ out, to the highest bidder,
trie It , ! ami improvements on the
Uhatahood'lsti River, on the federal
_ i
nm’.m
agents
CHEROKEE
FOR THE
PHlENIX.
The following person* arc authorized to
receive subscriptions and p«M vaci
Cherokee Fhcenix
for the
then it shall be the duly of the Judge,
before whom such person or persons
may be brought, to indict upon tham
the penalty hereinafter specified.
Be it farther resolved, t hat any per
son or persons who shall violate airy of
the provisions of this resolution shall,
for every such offence, for which be
or they are convicted, pay a line oi
100 dollars, one half to go to the ar
resting officer, and the other halt to
be paid into the National Treasury,
which said fines sh.dl be collected by
any qualified officer of the Nation,
by seizing and selling any property
belonging to said person or persons,
as in cases of other fines imposed by
the laws of this Nation.
Jit it further resolved, That this res
olution fahall be considered as an amend
ment to tlie resolution of JUth lj« t.
of roads.
load, be, . id liiL same is hereby re
pealed. |
Acw JEikcta. .V v. 13th, 1828.
LEW i 1 " ROSS, Prr?'i Com.
ConeurY;, GOING SNARE, Sp*k*r C’oun.
Ajq ro\\i, JNO. ROSS.
181.0, on the subject of roads, and j
iTdlmvjug words i.i said resold- j
such cases as may fie
that the I olio vi
t ic n, ‘*nr any sue
brought before them for trial be, and j
the sunn* are hereby icpealrd.
A\w Echota, Act 1 lift ȣ 28,
LEM iS itOSS, P.-i’t Corn.
Resolved byithe Committee and Coun
cil, in Ccncrad Council convened. T hat
the Print ipal C hief of the Cherokee
Nation shall tie allowed a salary of
three bundled dollars per annum, du-
ringhis continuance in office, out ef
the public fields of tiie Nation. And
ifie assistant 'Principal Chief shall be
allowed aisaury ol one hundred and
fifty dollaiis.
The executive Counsellors £ bn I i be
paid at the rjites of (wo dollars per
day, \\Tii|ep in aitual seivice, when
called open by tiie Principal Chief.
The Tlrcns uer of the Cherokee
Nation shall be allowed, far his ser
vices. three hundred and fifty dollars
per annunji.
* n
V .it
mm i,'tee
n tin-
ltd
shoip
1 happen in (he General Council, c*ih- |
1 1 i 1
I rr by doci!]
Messrs. PitncE & W,«.!«»**, X*. 20 C.vkuv;^NaKK, S,.Vr Conn.
M»vk« St. Iloston, Mw. l l m,x “” J - N °‘ l 'A__
GconuE M. Ta.vry, Agent cf ibe A. It.
4. F. I'l. NV w York.
Rev. A. IX Eddy, Canandaigua, c •
Thomas II&f-tikgs, tTiva, N. *.
Pollard & Covvkuse, llichmouo, ’» a.
R,.-. James Campbell, lteaofoit, 8. C
V/oliam Mol lti.ii: Ucjd, Charlestor,
> C. _ _
Coi CiEoion Smith, S , .at r ‘vij't7, x.
\Y:(» i * ,\1. Combs, Na Tie ;iie 1 cn.
He.. Ifi NM T Robert. —Powa! M^.
Mi. Tiio'-. it. Gold, (an itinerant Gen-
jfeinan.)
Jeremiah Av.itil, Mobile Ala.
cimdl^ jlaw s.
l lie shfjriiTs of the several Districts
shall he rJlo»ved for their services fif
ty doilari per annum, besides their
collection! Ir es—itnv law to the con-
*
(rary notijrithstanding.
A h tr In: h of a, ISlh Vr. I £ 2 r fi
ILEWIS R08S. F r.'i Com.
Concur’. 1, DOING SNaKK, SpbJr Cjup.
A ppiov’dpJNO. HOSS.
Resolved by the Committee and Coun
cil, in General Council convened, That
from, and after the passage of this, re
solution, it shall be unlawful for any
citizen or citizens of the Cherokee Na
tion, to cut out or open any road or
roads irom any public road in this Na
tion, in any direction whatever, or re
pair any road or roads that have been
put down by the authority ol the Na
tion, or to open any road, or establish,
on their ow n account, or in conjunction
with any white person, any ferry or
ferries, on any water courses bound
ing on this Nation, or within the limits
thereof, without first obtaining a per
mit from the General Council.
Be it f urther resolved, That all roads
that are now in operation within lids
Nation, and which have been opened
since the passage of, and contrary to,
the law of 1819 on the subject of
toads, shall be forthwith stopped by
tlu sheriff of the District in which
such road may be located, or by the
■Marshal of the Nation, by giving notice
to the parties using said road or roads,
v*r at whose instance the same may
have been cut out, that, the same are
put down and required to he stopped
by them by virtue, and in obedience to
the provisions, of this resolution; and
•very person continuing to keep open
or use such roads, thereafter, shall be
Qonsidered as if they bad cut and open
ed the same since the passage of this
resolution, and shall be subject to
.such penalty as shall hereinafter be
prescribed.
Be it further resolved, That it shall
be the duty of the several of the sher
iffs of the Districts of this Nation,
and the Marshal of ihe Nation, upon
information being lodged with them,
or in case of any violation of thej provis-
!i or resignation of any of
\ m jHibers, previous to the next
General Election, the District Judge
of the District in which suc h member
may reside or have resided, siu 11 notify
the Principal Chief of the same.
Resolve f b-i the .Wit" ".if Committee
and Council, in xtfnc 'M, C ouncil con
vened, That the law parsed l‘*tli No
vember, jlHM, making ir unlawful for
citizens of the Nation to receive into
j tlufir employment citizens of the Unit-
fifty cents; and the amount, time, &:c.
of boarding shall be certified by some
lawful officer of the District, which
shall he presented to the Principal
Chief before a warrant shall be issu
ed for the money.
JYew Rchota, Nor. 14, 1828.
LEWIS ROSS, PiWt Com.
Concurred, GOING SNAKE, Spk’r.
Approved, JNO. ROSS-
Resolred by the Committee and Conn-
142-
shall be void and not recoverable bv
law.
Ncip Echota, Nov. 1 J), jl S28.
LEWIS ItOSS, Pre’st Com
Concurred, GOING SNAKE, Speaker.
Approved, JNO. ROSS;
Be it further Resolved, T hat in all j ed Stales), without obtaining a per mil
such cases of vacancy, as may happen
as above mentioned, the Principal
Chief shall have power to issue a writ
of election to fill such vacancy, until
the next General Election, and fdiall
appoint such persons as be may deem
suitable to superintend the election.
New Echota. November 12///, 1827.
LEWIS ROSS, IWt Com.
Con cur’d, GOING SN KE, Sp’k’r Coun
Appiov-M, JNO. ROSS.
agreeably to law, under the penalty
of being fined in a sum not exceeding
£>10. be,; and the same is hereby, so
amended!, as to raise the above named
sum of tejn dollars to fifty dollars; and
onv eitizbn of the Nation upon being
convicted of violation of the above
mentioned law, before any of the
j courts of this Nation, shall be lined in
i a sum not exceeding fifty dollars and
? not less than one dollar for each and
and
2 # ! everv suj li offence, to be assessed by
Resolved by the National Committer || JO ,-ouri cf the respective District.
d Council, m General Council con- j /; r // further resolved* That this res-
ventd, That all vacancies, which may j 0 ]ution shall.gu in full force and effect
o-.cur in the several districts, of sher
iffs or constables, shall bo filled by ap
point men 4 9 made by the Principal
Chief, until the next General KLh-
tion for members to the General l ouu-
cil, any law to the central v notwilh-
standng.
he if fv llitr LesoEcd, That if ary
vr.cancs Ho s!d occur m the stiverM
Districts, the District Judge shall no
tify the P- incijml thief o» ihc same,
and recommend some suitable person
or. the first day of January, 1829.
New Echnta, 14//i Non., 1828.
LEWIS ROSS, lVs’t. Com.
Concurred, GOING SNAKE, Sp'kr.
Approved, JNO. IIOSS.
I i
Resolved by the National Committee
and Council, in General Council eon-
• vened^ That all costs arising from pros
ecutions, , ffir violations ol the laws,
sh ill not he paid by the Nation, ex-
suen cases as mnv herein-
( ceptingun
to fill the vacancy, and tiu^ peison np- • specified, but shall be col-
pointed shall be required to t liter ial ° | let :ted from the person or ^persons so
bond with the Treasurer agreeably to |)rosc01l l tC( j niK J convicted; and in ease
law, before he sh 11 be commission
ed.
New Echota, N■ ■. * -
I.IPATS ROSS, py -*i.Com.
Concur*.!, GOING SN AKi., :'•L , h’r Couti.
Approved—JNO. ROSS.
Resolved by the Committee and Coun
cil, in General Council convened, That
if any person or persons shall interrupt,
by misbehaviour, any congregation of
Cherokee or white citizens, assembled
at any place, for the purpose of Di
vine worship, such person or persons,
so offending, shall, upon conviction
thereof, before any of the courts, be
fined in a sum not exceeding ten dol
lars, to be adjudged by the court of the
District in which such offence may be
committed; and if nny negro slave
ioas ©f this resolution coming to their 1 shall bo convicted cl the above ol-
prosei
the person, or persons so convicted
shrill riojt be able to pay the same,
then, arid in that case, the Nation shall
pay the! 9,11 me.
Be if. further resolved, Tint when
ever n jehijninal may be arrested for
violation of the laws cf the Nation, it
shall he l.awful for the officer to board
him or ficr with the guard at some
suitable place, until the time of trial,
which expense shall be paid by the
Nation, ini case the said criminal
shall bo ‘acquitted, but if convicted,
boor she shall he required to pay
the same if the amount can be collect-
od; anil the rates of charges for
boarding guards and criminals shall
not exceed the following rates, viz:
for man and horse per day, seventy
Eve cejats^ for man wkhout a horse,
eit, in General Council convened, That
when a person shall die without a
77 ill, the nearest relatives of the de
ceased shall have the right to recom
mend to the Circuit Court of the Dis
trict in which the deceased lived,
such person or persons as they shall
( hoose, to administer on the estate, and
it shall be the duty of the circuit
Judge to issue letters of administra
tion to the person or persons so re
commended, provided that he, she, or
they shall make and exhibit on oath a
true and just schedule of all the prop
erty, d( bts, dues and demands of
riyht belonging to the said estate, to
gether with all demands that may be
against the said estate as far as he.
she m they may know, which schedule
shall he filed in the clerks office; and
provided also that said person or per
sons before obtaining letters of admin
istration shall execute a bend with
good and sufficient seen lit it s for the
faithful management and fortbet rr.ing
of the estate, together with the in-{
crease, to tlie legal heir orheiis of the I
deceased, so soon as they shall be- !
come of age; and that males twenty j
one years of age shall be considered of j
lawful age, find females at eighteen.
Be it further resolved, That the ad-
mimstrator or administrators shall be
required, at the end ofeveiyyear du
ring their administratorship, upon oath,
to make returns to the said court of all
the expenses and profits consequent
upon 'he mnnagrriu nl of such prop
erly or estate, which n turns shall be
filed in said clerk s ofiicc.
Be it further resolved, Thai when a
j erson dies and leaves a will, the ex
ecutor or executors shr ll be icquiied
to render in o- true account, upon oa»b.
before the Circuit court, of all the
property belonging to the estate, and
shail also give bond and sufficient se
curity for the faithful performance cf
their duties agreeably to the will.
Be it further resolved, That all per
sons now acting as executors or ad
ministrators in (his Nation be requir
ed to l ender in a schedule of all the
propcity &c. before the next Circuit
Court of their several districts, ac
cording to the foregoing provisions, and
!»e required tn enter into bond and se
curities as aforesaid.
Be it further resolved, That in cr.se
such executors or administrators fail
to comply with 1 lie requirements of
the provisions of this resolution, he,
she or they shall forfeit his, her or
their executorship or administrator
ship.
it further resolved, That any per
son or persons, who is not a citizen of
the Nation, shall not be appointed un
der Utters of administration. And in
case an executor or executrix, or
administrator or administratrix shall
remove out of the limits of this Na
tion, his or her appointment snail
cease, and it shall be lawful to appoint
others to act in their places agreea
bly to the provisions of this resolution.
Be it further resolved, That it shall
be the duty of the executors or ad
ministrators, so soon as they obtain let
ters agreeably to this resolution, to
publish in the Cherokee Phoenix, a no
tification to all persons indebted to the
estate to come forward and make pay
ment, and all persons having claims a-
gainst the estate to present them for
payment, and after such notification,
twelve months shall be allowed for
any person having claim* or demands
against the estate tofpresent them for
adjustment, but if the above mention
edtime shall expire before such claims
ghall be presented, the said claims
Resolved by the Committee and Coun
cil in General Council convened^ That
any person or persons who shall leave
their houses, farms or other improve*
ments, and bind themselves by en
rolment, or otherwise, with intent of
removing out of the jurisdiction?,1 lim
its ol this Nation, os kn emigrant
or emigrants to another country, such
person or persons shall forfeit all
right, title, claim and interest that he,
she or they may have or Ije entitled to
ns citizens of this Nation, to the house*
farms or other improvements so left.
Be it farther Resolved, 'that it shall
1 e lawltil for any citizen or citizens of*
this Nation to take, and| occupy for
their own use and benefit, any of the
houses, farms or other improvements
which may be abandoned liy emigrants,
as atoresaid, and such citizen or citi
zens first going into possession of such
houses farms &e. shall [have ii pre
ference right, rny contradt, bargain op
sale made by ecuh emigrant or esn-
grants, to any other person or persons
whatsoever, to the contrjiry, notwith
standing.
Neic Echota. 17th «Vcp.j 1828.
LEWIS KOSB, PrD^t Com.
Concurred, GOING SNARE, Sneaker*
Approved, JNO. ROSS. ;
Resol ed by the. Committee and Court %
c ; l,in General Connerl edn'ened, That
the resolution passed 12th November*
1825, making it unlawful to attach
end sell certain kind jof property,
therein specified, he, and 'lie same‘is
hereby, so amended, rjs to include
sixty bushels of corn, which quantity
shall hereafter ho exempted from af-
tachment or sale for debt.
Nuc Echota, Nov. IS//?, 7£28.
LEWIS ROSS, P r p«*t Corrt
Concurred, GOING SNAKE, Speaker
Approved, JNO. ROSS,:
FATAL LTRIolsiTY.
From the Boston Traveller.
A melancholy story was related to
me a few years sin< c, while travelling
in the western section ojf our country,
<ff a man. who, in company with a
friend, attempted to expilore the cele
brated Mammoth Cave, in Green's
c ounty, Kentucky, which is about ten
miles in length. After having provide
ed themselves with a Itinihorn, food,
and other refreshments, sufficient for
one or two days 7 subsistence, they
commenced their subterranean' tour.
As they proceeded Irom one apartment
to another, viewing with astonishment
the wonders ol this stupendous cavern,
they frequently came | to large and
apparently very deep pits, which they
avoided with much (difficulty, bv
crawling upon their hmjds and knees.
They wandered abou|t, alternately
walking and crawling,'nearly a whole
day, during which they had passed a
number of these deep pills. They had
just approached one, v hen, by some
fatal accident, the light which they
carried was suddenly extinguished
T he one who carried the apparatus
for restoring the light, n4he agitation
ot the moment, mane a misstep, ex
claiming, “Lord have ntercy upon us,**
and fell headlong into t ic pit they had
the moment beioro disjcovered. Ili*
companion listened, and distinctly
heard the unfortunate (nan strike the
oottem, and fetch a deep groan, like
one in extreme anguish. He called
on him, but received no answer he
called again, but all wjas silent as the
tomb. The narrator stated that had
he hut fallen with him, it would have
been a happy circumstance:' for to at
tempt to find the meujth of the cave,
and pass the many dmgerous places
they had met with in t ieir way thith
er, would be imminently hazardous, it
rot utterly impossibly. He thought,
therefore only of djiiU the Uterine
and painful death of starvation,
sat down and gave vent to his ajWisl
wa flood of tea«. He faal^
