Newspaper Page Text
ow y
CHEROKEE
' t
3=W
PillEliX.
lEJBOUDlNOTT," Editor.
NEW ECHOTA, WEDNESDAY JANUARY 14> IS JO.
YOU. 1.—NO. 44.
printed weekly bv
JNO. F. WHEBIEB,
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
year.
To subscribers who can read only the
Cherokee language the price will be #2,00
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 ol a
new year.
Any person procuring six subscribers,
»nd 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
tion.
iC-j^All letters addressed to the Editor,
<post paid, will receive due attention.
QWV )(f A D Ti S 1 J E C.S J'
t>*AVXc3A TAAj° V-V* JM*BAA S»4oiA'.
n&jiz aiionadsy kta d.pp o^ojbj
tctz TEjtso-r’
T(?“Z VLP TcSOA TB DO.Ii^iStP'i^-Ij KT
CSJBd D'iArScSEZ TB y\V
JSMAAh'AA, Oy-IT D^P 0 J 0JB.t
ewyz o°c<.ii .iiiC?i»~io®y, wf*v* D»-a
QS0 JI5.1 P4«!d VT^CBtT’, TCTZ TEJJO-l’’ DO*
jAcaF-o®.!. kt.tz d^p cpsud"
vur dojam>:i»oi>ji.
Resolved by the National Committee
and Council, in General Council con
vened, That the power of regulating
the rates of tolls &. ferriages, al all the
turnpikes, toll Bridges and lorries, be
longing to individuals within the lim
its of the, Cherokee Nation, which
have been established agreeably to
law, and which have not been rated
heretofore by the Committee and
Council, be, and is hereby vested in
the Circuit Court of the district in
which such turnpike, toll Bridge or
ferry may -be located,* and it shall be
the duty q£ the said court .whenever
application may be made tor such
regulation, to fix upon reasonable and
moderate rates,*and to cause the clerk
of said cduft to keep a correct rec
ord of the same.
Neic Echota, Nov. 4th 1828.
LEWIS ROSS, PresT Com.
ConcurM, GOING SN vKE, Sp’K’r Coun.
Approv’d; J.NO, ltOSS.
AGENTS FOR THE CHEROKEE
PHCENIX.
The following persons are authorized to
neceive subscriptions and payments lor the
Cherokee Phccnix.
Messrs. Pierce & Williams, No. 20
Market St. Boston, Mass.
George M. Tract, Agent of the A, B.
O. F. M. New York.
Rev. A. D. Eody, Canandaigua, N. x.
Thomas Hastings, Utica, N. Y.
Pollard &, Converse, Richmond, V a.
Rev. James Campbell, Beaufort, S. C
William Moultrie Reid, Charleston,
4. C.
Got 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.
OHNEELOSCHB LAWS.
Resolved by the National Committee
and Council, in General Council con
vened, That the law passed 8,h Nov.
1828, forbidding gaming at cards, un
der certain penalties therein specified
be, ami the same is hereby, so amend
ed that, no person or persons shall he
allowed to game at di e; roulette, or
thimbles, under the same penalties as
are prescribed therein for gaming al
cards.
Be it further Resolved, l hat the a-
bove amendment shall go into lull
force and effect on the first day of
January, 1829.
Neiv Echota, Nov. 4th. 1828.
LEW id ROSS, Pre’st Com.
Cincurred, G )iNG SNAiLik, "Speaker
Approved, JNO. ROSS.
Resolved by the Committee and Coun
cil in General Council convened, That
the Treasurer of the Cherokee Na
tion be,'and he is hereby, required to
attend and keep his office at New-E-
chota, during each session of the Gen
eral Council.
Nan Echota, Nov. 6th, 1828.
LEWIS ROSS, PresT Committee.
Concured—GOING SNAKE, Speaker.
Approved—JMR. ROSS
Resolved by the National Committee
und Council, in Generul Council con
vened, That the amendment of kbih
Oct. 1826, to the law passed 12th
Nov. 1825, making trade uebts re
coverable in money on certain condi
tions, be, and the same is hereby, re
pealed.
Be it further Resolved, That money
shall not hereafter be exacted for any
trade debt, and whenever any peisun
or persons may contract a debt paya
ble in property, and the debtor snail
fail to comply with the contract, it
shall be lawful for the creditor to sue
and obtain judgment for the amount
specified in the contract, to be paid in
property, and it shall be the duty of
the officers in whose hands such judg
ments may be placed for colleution,
to forthwith seize upon any property
of the debtor (save such property as
is by law exempted) he may find, in
ease the particular property contract-
ad for shall have been made way with,
and the property so seized upon shall
be valued by two good disinterested
citizens, to be chosen by the collect
ing officer; and the debtor shall not
Lave the benefit of the stay law in
such cases.
Be it further Resolved, That when
there is no time or place specified in
•the contract, for the payment of the
debt, the creditor shall give the debt
or ten days notice, before he shall pro
ceed to have the collection made a-
greeably to the provision of this Re
solution,
Be it further Resolved, That, this
^resolution shall be considered as an
amendment to the law passed 12th
Nov. 1825, in lieu of the amendment
, above repealed.
Ntio Echota, Nov. 4th, 1828.
LEWIS ROSS, Prrs’t Com,
1 Honour'd, GOING SNAKE, Sp’k’r Coun
Approv’d, JNO. ROSS,
twice. The defendant, if he shall
liave any defence agaiust the piamtilf s
demand, shall appear at the court in
which he is sued, and make liis de
fence; and both parties shall haye the
right of demanding subpoenas for wit
nesses whom they may defem necessa
ry, and said witnesses,When duly sub-
poehied, shall be bound to attend un
der the same penalties as prescribed
by law in relation to witnesses in oth
er courts of the Nation—The defend
ant shall also have the right of plead
ing, by way of set-oil', any debt or ac
count which he may have against the
plaintiff, provided the same be mutu
al and due in the same right, and a
substantial copy of the set-off shall
be filed with the plea, and if the de
fendant shall prove a set-off of larger
amount than the demand established
by the plaintiff, the court shall give
judgment for the defendant for the
balance over and above the plaintiffs
demand so established: jrrovided never
theless, that the court shall not have
cognizance of any set-off exceeding
the sum of one hundred dollars, as a-
foresaid.
Be it further Resolved, That five
ry permit so obtained, for the term o
one year, and in proportion for a shor
ter or greater length of time, and the
empioyer shall be bound for the satis
faction of all thefts, of which the per
son or persons employed under the
permit, may be convicted of betore
any ofthe courts of ditfereut Districts,
Provided nevertheless, that nothing shall
be *oconstrued in this section as to
exempt such offenders irorn the pen
alty prescribed by law for such of
fences.
Sac. 3. Be it further Resolved,
That twenty days shall be allowed to
the employer alter the expiration of
the pei mil, to renew the same, or the
r,;inovai oi the person or persons em
ployed out of the Nation; and in case
the employer shall not renew bis per
mit, he shall be bound, under the pen
ally of twenty dollars, to notily the
sheriff or “constable of his District,
within the space of time above men
tioned, of the expiration and non-re
moval of the same. And it shall be
the duly of any lawful officer after
the above mentioned time, in case the
person or persons so employed shall
not have removed, to iurinwilh ie-
days after judgment is rendered in a- move him or them out ofthe Nation,
ny case, the clerk shall issue an e:<e- and the expense of removal shall be
eution against the property ofthe de- i collected from (he person or persons
fendant, for the amount of the judg- s0 removed, and in case he or they
nrmt and cost, directed to the officers / shall not be able to defray the same,
of the District and any of said officers, the employer shall be bound for the
in whose hands such execution shall
Resolved b^^^MComniillec and Coun
cil, in GenWm Council convened,
That a District ’Court be, ana is
hereby established, in each Disuiel
in the Nation, which snail sit twice a
year at their respective court houses,
to be composed oi' a District Judge,
six Jurors and a clerk; and tue
shall sit three days at eacu ierai, u
the docket cannot do cioaieu ui Lie
causes ponding in less umo.
Be it further iiesotvea, That the
time of holding courts in Lie several
Districts shall ue as l'oilows, to wu:
At Coosoowatoe and A.juOiice, first
Monday in January anu Jn.y.
At Ltoivan anu Aiunonee, second
Monday in January and July.
At Hickory Log and oiuciiainauga,
third Monday in January and July.
At Tahquohee and cyiiattoogu, on
the fourth Monday in January & only-
Be it further siesulveij, mat tins
court shall have tuh and complete ju
risdiction over all civil cases, w.aui
the amount shall not exceed one iiun-
dred dollars, and shall also have com
plete criminal jurisdiction, (except in
cases of murder,) and that it snail oc
the duty ofthe District Judge, during
the recess ofthe courts to try all crim
inals, save murderers, who may be
brought before them, as ihe Constitu
tion directs.
Be it further Resolved, That the
manner of proceedings in said court,
shall be by summons or warrants un
der the hand of the judge or clerk
presiding o\ er the court* when the
matter is triable, specifying the a-
mount demanded by the plaintiff, and
on what account, which summons or
warrants shall be served by one of the
officers of the District, at least ten
days before the sitting of said court,
and the case shall be tried at (lie first
term of the court, unless good cause
upon oath shall be shown to the con
trary ; provided, no case shall be coni in-
ued by the same party more than
be placed, shall proceed to levy and
make collections, according to law.
Be it further Resolved, That tlo
Judge and clerk of this court bj,
and they are hereby authorized, aid
vested with authority, to administer
Oaths on every necessary occasion; anl
that the District Judges be, and they
are hereby also, authorized to perform
matrimonial ceremony, agreeably to
law.
Be it further Resolved, That the
District Judges shall have power iu
grant appeals to the circuit courts a-
greeably to law, and shall receive a
salary of sixty dollars per annum for
their services; and the clerks of the
District courts shall each be allowed
ten dollars per annum extra pay fot
their services during the recess of the
courts.
New Echota, Nov. 8th, 1828.
LEWIS ROSS, Pres,l Committee,
Concurr’cl GOING SN.vK.E, Sp’k’r Coun.
Approved—JNO. ltOSS.
Whereas, much inconvenience is ex
perienced by the courts m l is Nation,
in the, trial of criminal cases, incon
sequence ftf prosecutors not being
bound for the prosecution oi su.h
criminal cases, therefore,
Resolved by the Committee and Coun
cil, in General Council convened, i hat
after the passage oi this act, any per
son or persons, not a public officer,
who shall undertake to prosecute any
criminal or eriinin. L, shall be, and he,
she, or they aie nereby required to
give bond and security, in a sum dou
ble the amount of such prosecutions,
for the faithful performance of prose
cuting the criminals, who may be ar
rested and brought to trial.
Be it further resolved by the authori
ties aforesaid, That it shall be ihe du
ly oi such prosecutors to give bond and
security previous to their receiving
warrants for the arresting of such
criminals.
New Echota, Nov. 8th, 1828.
LEWIS ROSS, Pres’t Com.
Concur’d, GOING SNAKE, Sp’k’r Coun.
Approved—JNO. ROSS.
same; and in all such cases the officer
or officers shall not exact unreasona
ble fees.
Sec. 4. Be it further Resolved,
That the Treasurer shall be required
to keep a correct record of ali per
mits issued, specifying the different
kinds ol mechanics, & to whom grant
ed, and to present the General Coun
cil at each session with a correct
copy ofthe same; & it shall be his duty
to issue permits during the recess of
the General Council.
New Echota, JSov. 8th, 1828.
LEWIS ROSS, Pres’t Com.
Concur’d-G01NG SNAKE, Sp’k’r. Coun
Approved—JNO. ROSS.
Resolved by the Committee and Coun
cil in Generul Council convened, That
there be appropriated so much money
out of the Treasury of the nation, not
otherwise appropriated, as will be
sufficient to purchase one iron chest,
for the better security of the public
funds of the nation, and that the treas
urer be, anc he is hereby authorized
to make the purchase.
Be it further Resolved, .by the author
ities aforesaid, That the treasurer be,
and he is hereby, required to keep his
office open for transacting business
every Wednesday and Thursday in
each week, Provided nevertheless, that
it shall be lawful to transact business
on any other day, when necessity re
quires.
New Echota, Nov. 8th, 1828.
LEWIS ROSS, Pres’t Com.
Concurred, GOING SNAKE, Speaker.
•Approved, JNO. ROSS.
Resolved by the Committee and Coun
cil, in General Council convened, That
so much ol the law passed 26th, Oct.
1819, regulating the issuing of per
mits, as require them to be issued by
the National Committee and Council,
be, and the same is hereby, repealed,
and in lieu thereof the power of issu
ing permits shall be vested in the
Treasurer of the Cherokee Nation.
Sec. 2. Be it further Resolved,
That the above mentioned law is here
by, so amended as to require any cit
izen or citizens obtaining a per
mit to pay a lax of one dollar into the
•National Treasury Cor each,* and eve-
INDIANS.
We noticed with much regret that part
of the report of the Si-c’y of W ar, which re
lates to the Indians, inserted in our last.—
We had not time then to express our dis
approbation of that document, and even
now, we cannot do better service to our
readers than to copy the following remarks
ofthe Editors ofthe New-York Observer.
These remarks meet with our entire appro
bation. We feel rejoiced to find that such
documents as the Message ofthe Governor
of Georgia, the proceedings ofthe Legisla
ture of that State, and the report in ques
tion, have a tendency to call to our aid the
pens of able Editors. In this way, perhaps,
we may finally be benefited by these state
papers, which now appear hostile to the
best interests of the Indians. We know
not the designs of Providence in regard to
us—it may be that the present political In-
dian excitement (if we may w express our
selves) is intended to bring about an ex
citement of an entirely different nature—
the expression of public opinion on this im
portant subject. We do not think it possi
ble, that millions ol' friends «f humanity
throughout the Union, will! iiio'Uidi i i of
civil and religious liberty in then fiahcis (
will keep silence and see oppression pro
gress, and the Cherokees sacrificed to the
cupidity ofthe State of Georgia.
Gen. Porter has by no means done a pop
ular act in casting reflections (for what can
his remarks amount fo) on the Missionaries
and their patrons. He has utterly mista
ken the character of these worthy people.
With most of the Missionaries among the
Cherokees we are acquainted, &. we can as
sure the public that the j have no influence in
political matters, nor Co they wish to possess
any, their object being the moral So religious
improvement of the people among whom
they are sent. The cause of the failure of
the General Government to remove the
Cherokees from their present abode is to
be ascribed to the Cherokees themselves^
l hey arc to bear the blame, if blame is to
ne attached to their refusal to part with
their country and homes.
THE CHEROKEES.
It lias now become fully apparent,
that a project is seriously .n contem
plation for the removal of the (Juero-
kees, and other Indians in the incorpo
rated States, to the wilderness beyond
the Mississippi. We have never seen
this purpose so distinctly avowed in a-
ny hjato Paper, as in the late Report
ofthe Secretary of War, lioai width
we quote the following paragraphs:
‘•The most prominent feature in the
present policy of the Government, as
connected with these people, is to be
found in the eSorts that are making to
remove them beyond the limits ol the
Slates and organized Territories.
# * # #
The annual appropriation of $10,-
0C0 to the purposes of educating Indi
an children, and teaching them the
mechanic arts, has had the effect to
draw to almost every Jiidian reserva
tion, in addition to the agents and in
terpreters, a considerable number of
missionaries and teachers, with iheir
families, who, having acquired, prin
cipally by the aid of this tun'd, very
comfortable establishments, are mi
tt filing to be deprived of them by the
removal of the Indians; and thus, we
have found, that, while the agents spe
cially employed by the Government
for this purpose are engaged in per
suading, by profuse distributions of
| money and presents, the Indians to
emigrate, another set of Government
1 agents are operating, more secretly,
! to be sure, but not with less zeal and
effect, to prevent such emigration.
“These remarks are net intended as
a personal reflection on the missiona
ries and teachers, much less on the
pious and respectable patrons of the se
benevolent institutions, who, no doubt,
arc disposed to lend a ready support
to every humane measure which the
Government may think proper to a-
dopt in favor of these depressed peo
ple; but are rather intended to show
the natural and unavoidable tendency
ofthe system itself to counteract the
leading policy of the Government.”
The insinuation thrown out by Gen
eral Porter as to the motives which
influence the missionaries in opposing
the removal ofthe Indians, is unwor
thy of the station which he holds, and
but poorly accords with the suggestion
that no- “personal reflections’ are in
tended. Does he not know, that if
“comfortable establishments” had
been their object,—if wealth, ease,
or honor, had been uppermost in their
minds,—they could have enjoyed them
all in a ten-fold greater degree in the
circles they have left, than they do at
present? Dopb he not know that some
of them, on entering upon their work,
gave all their property to the general
cause of missions, to be expended up
on themselves or others, just ns the
Board might judge expedient? Does
lie not know that other missionaries,
not a whit better than they, have pen
etrated, without repining or regret,
the very forests to which it is intended
these Indians shall he driven, and there
expect to spend their days without
any other reward but the pleasure of
doing good? The truth is, they haw
If
iSMj i
■Ti
■ t 1
t A
■'fir i
m :
t{ M
11
:! n
41- r
II
