Cherokee phoenix. (New Echota [Ga.]) 1828-1829, December 29, 1828, Image 1

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I rx wy w- 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;.. At £2 50 paid in advance. £3 in six rhautlis, or v-3 50 if paid at thr *nd of the year. To subscribers wlio ran read only the flherok'*? langnns? the price will b° y-2,00 in advance, or £-2,50 to be pui 1 within the year. F.verv subscription will be considered as continued unless subscribers give notice to the contrary before the commencement of a new year. Any per-'on procuring six subscribers, and becoming responsible for the payment, shall receive a seventh gratis. Advertisements will be inserted nt scxen- ir-ii v c c p n t s \ e r s < s u a re for the t; rst i nse r- tion. an i thirtv-seven and a half cents for rich continuance; longer ones in propor tion. *rypMl left* addressed to the Editor, post paid, will receive due attention. 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 TCTZ Tr.^OP mL!AnP,n.I. acrz rtP TAOA TC DOJt^Kc^.l, KT m-q crjn.i I-. p?i!.z rr, y*v O-yViT D JF OOJB.I P 4 :1-1 «wyz o j CiH .iiiC?>*, wr*v» ! >.-a o*o.ir.A WGin<r», tctz tixc-v i> h 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 »£ 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^