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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