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;r S0j3!m22^ ] ewy cherokee FfflfflMIX. E. BOTOINOTT, Editor. ECHOTA, WJBDxVKSi3AY JAAUAK,Y ‘21, IS‘29. VOl, I.—*iO. ® !1S!T tER, printed WKEKLX BY jeto. r. whsbL; Foil THE CHEROKEE NATION. • At $2 50 if paid in advance, $3 in nix months, or $3 50 if paid at the end *f tli* ' year. To subscribers who can read only the Cherokee language die price v.-iii be in advance, or $2,50 tc be p?ul wi.fitn ti" year. Every subscrip itn ~.viU be covsinerco as aentinued un’.ers 'Subscribers give notice U Ihe contrary before tlic comiDcr cement ol a new year. Any persor proeuneg six subscrjoeis, and becoming i .'.sponsible for the payment, Khali receive a seventh gratis. Advertisements will be inserted at seven ty-five cents per square for the first inser tion, and thirty-seven and a half cents lot each continuance; longer ones in propor tion. r iC j»All letters addressed to the Editor, post paid, will receive due attention. <*YVy d cT J) U 0- 0) D hSl JEtO J. V9AVXiS-I TAAT 5 04* JIuTBAJI I-4»2-I- B®AE JIi<UI»a<»y KT/L D*P O’OJB.I &4<aj[, tctz te^o-t 5 De;/5eei‘i»*J- TCf-Z fI*P ToSO-A Tl! DOJ/^Wc®.*, KT DVA (^OJIUt P'4'ie..I. D?-1>Sm)EZ TG y'A x>ejr5dep-<aa, o-yat.v^p o^ejna ewyz o>c.r jiiiOhaoey, wf*v* ds-r O^eJcj p-4<»a fSJtmr 5 , tgtz tf.asoj® ne' jaakoSU. ktjiz d$p o’sjg" Tffan De.i>5oii*oe-i. AGENTS FOR THE CHEROKEE PHCENIX. The following persons are authorized to »pceive subscriptions and payments for the Cherokee Phoenix. Messrs. Peirce &. Williams, No. 20 Market St. Boston, Mass. George M. Tracy, Agent of the A. <B. F. M. New York. Rev. A. D. Eodv, Canandaigua, N. Y. Thomas Hastings, Utica, N. Y. Poll aria k Converse, Richmond, Va. Rev. James Campbell, Beaufort, S. C William Moultrie Reid, Charleston, 9. C. Col, George Smith, Statesville, W. T. William M. Combs, Nashville Ten, Rev, Bennet Roberts—Powal Me. Mr. Thus, R. Gold, (an itinerant Gen tleman.) Jeremiah Austil, Mobile Ala. LAWB n llt9olval by the National Committee and Council, in General Council con, vened, That the Judges of the several courts in the nation shall have power to adopt such rules and regulations as shall be necessary *to preserve gaud order in their courts, and to punish those who shall be guilty ot disorder ly behaviour in contempt ol tne court, by imposing such lines as in their opin ion shall bp deemed justifiable, provi ded, that the same shall not exceed ten Dollars for each offence. Be it further Resolved, That no ev idence which has not' been given in before' the circuit courts shall be admissible before the Supreme •ourt, excepting in such cases as shall appear to the full # satis faction of the Supreme Judges, that it was impossible for the evidence to have been obtained and produced be fore circuit court, in that case such evidence shall be admitted. few Echota, Nov. 8th, 1828. LEWIS ROSS, Pres’t Com. honour’d, GOING SNAKE, Sp’k’r Coun, Approved—JNO. ROSS. Resolved by the National Committee and Council, in General Council con vened, That it shall be lawful, when ever any person may have a claim, or. ‘debt, against another, and is apprehen sive that he is about to abscond, or dis pose of his property, so as to be be yond the reach of the law, to make oath to that effect, before any of the Judges or clerks of the respective dis tricts, and it shall be the duty of the Judge or Clerk to issue forthwith an attachment, to be placed in the hands of any lawful officer, whose duty it shall be to attach as much of the prop erty of the debtors as will satisfy the demand, if to be found, and to take the same into his safe keeping, until then* shall be a decision mad© on the case agreeably to law, unless the said debtor s.iall secure to the creditor tin- debt by giving bond with sufficient security. J\'cw Echota, Nov. 8tk 1828. LE\VlS I to‘iJ, Pr^s’i Com. Ccncui’M, GO; NG SN.'.KE, 5p’it’r Gann. Approv’d, JNO-. ROSS. Resolved by the Committee and Coun cil, in General Council convened, Thai so much of thq, law passed 20th Oct 1820, ^providing for the appoint jaeiu of ‘-Orta circuit Judgi to have juris diction over' two Districts, to csso ciate with the District Judges. Me. be and the same is hereby, repealed. Sec. 2. he it further Resolved, That so much ofths law passed providing "that, the Cherokee Nation be organized and laid off ie Districts,” as fixes the time thfteac'i shall hold their respe Live councils, or courts, be and the same is hereby al so repealed. Sec. 3. Be it further Resolved, Thai the Cherokee Nation shall be laid off into vircuit Districts. Tiie first cii- cuit shall lie composed of t’oosoowa- tee, Hightower, Hickory Log and Tahquohee Districts; the second cir cuit shall be composed of \quohee, Alirnohee, Chick?.manga and Chattoo ga Districts, and the time of holding the courts in each District shall lie as follows, viz; FIRST CIRCUIT SPRING TERM. 1st Monday in May, at Coosoovva- tee. 2nd Mond iy in May, at Hightower. 3d Monday in May, at Hickory- Log, And the Monday thereafter, at Tah quohee. SECOND CIRCUIT SPRING TERM. 1st Monday in May, at Aquohee. 2d Monday in May, at Abmohee. 3d Monday in May at Chickainau- ga, The Monday thereafter, at Chat tooga. FIRST MONDAY CIRCUIT FALL TERM. 1st Monday \n September at Coo- soowatee. 2d Monday in September at High tower. 3d Monday in September at Hick ory Log. The Monday thereafter, at Tah quohee. SECOND CIRCUIT FALL TERM. 1st Monday in September, at Aquo hee. 2d Monday in September at Aiuuo- hee 3d Monday in September, at Ciiie- kamauga. The Monday thereafter, at Chat- t ouga. Sec. 4. Be itfu’lkev Revival, That there shall be w o >: ir. uu Juuges ba the Cherokee Nation, who slu-.il oe e- lected by a joint vote of both houses of the General Council, and who s il be to try and decide upon all cus.-s both civil and criminal, that in y come before thorn agreeably to 11n laws of the Cherokee Nation; and it shall be their duly during the re ess of the courts to call a court, to try ail criminals that may be arrested fo: murder, which court shall be held at the court house of the district in which the crime, shail have been committed; and it shall be the duty ot the sheriff of the district in which ihe crime may be committed to notify the circuit Judge of their respective circuits, immediately after the person or persons shall be arrested; and jt shall he the duty of the Judge to have a court called without delay, for the trial of said criminal, or criminals. Sec. 5. Be it further Resolved, That in case when a criminal is to be tried for murder, the sheriff shall summon- twenty four good men, to ap pear at the court house, on the day of trial, out of which number, the crim inal shall select a jury of twelve men to try the case, agreeably to law and evidence. Spec, 6. Be it further Resolved, That it shail oe loo duty of the clerks ji Lue several circuit courts to take down, in writing, the evidences m all oases brought Before, and decided on jy, tne circuit courts, and when an ppo.iJ is taken to the Supremo .ourt, those e. idences, together with me Bids oi declaration, shail be scal ed up and transmitted through the mend's to the clen, o» tiie Supreme ouri, and each document alia!I be ,i r.'iiod ar.ii transcribed en the out- -,uie, stating the case to which it reiai.es, ana it shail oe the duty oi the Jerk of tiie Supremo court to pre serve those documents with great ourc, and to lay idem Before tne nidges oi Supreme court at their next session, and they shall not be opened umil the court shail be ready to take up tiie case to which they relate. Sec. ). tie itfttrlner Rcsobed, That it shall be the duty of the sheriffs to receive from the clerks of the circuit uu. is of toeii' respective Districts, ait do uirients of appealed cases, ami t d direr the same to the clerk of the j;ip.erne wonrt. See. 8- he it further Resolved, Tbit the circuit court shall sit five days at each term, provided there sii J be any Business to occupy their attention tnal length of lime; and that tiie circuit Judges shall have the power to grant a new trial in cases where a decision in their courts shail be made contrary to law and evidence. Sec. 9. Be it further Resolved, That the circuit Judges shall, and they are hereby, required to exchange circuits once in two years. Be it further Resolved. That the salary of each circuit Judge shall lie one Inin li ed and forty dollars per an num, and that, the clerk of (lie circuit court shall each be allowed ten dol lars extra pay for services during the recess of the courts. Sec. 10. Be it further Resolved, That the manner of proceeding in the circuit courts shail be by summons or warrants under the hand of the Judge or clerk, in the same manner as is provided for in the Resolution regu lating the District courts. New Echota. Nov."8th. 1828. LEWIS ROSS, Pn-’.st Com. Concurred, GOING SNAKE, Speaker. Approved, JNO. ROSS. Resolved by the ComrniUe and Coun cil, in general Council convened, That i; any person or persons shall commit uie crime of wilful murder, such per son or persons on being thereof con victed, snail sutler death. Sec. 2. Be it further Resolved, That a respite of live days shall Be al lowed to the criminal alter sentence oi death slu.ll be passed, belbie he shall Be executed, during the respite, tne sheriff shail be bound to keep a s,ue guard over the criminal; and should any person or persons make an aitempt to rescue him, lie or they snail Be lined each two hundred dol lars, and receive one hundred lashes on the hare back; and should the offi- Ci or any of the guard kill any person making an attempt t.o rescue the crim inal be shall not be held accountable for the same. Sec. 3. Be il further Resolved, 'I'llat if any person or persons shall kill another in self « efence, or by acci dent, without any previous intent to do th<- same, he, she or they shail be ex empted from any punishment whatev er. Sec. 4. Be it further Resolved, That any person, who assaults anoth er, with intent to commit murder, rape, or robbery, shall, on conviction thereof, he fined in such a sum as shall be assessed against him, or her, by" the verdict of a jury, not exceeding fifty dollars, and be subject to such corporal punishment, as the jury may inflict, not Exceeding fifty stripes on the bare back. New Echota. Nov. 1 Qth 1828. LEWIS ROSS, Pres’t Com. Concur’J—GOING SNAKE* Speaker.. Approv’d—JNO. UOSSb- TliE DO*; JUiJNS. Rill INDIANS. Fioh Franklin's second expedition to th Polar Seas. ^ rt just man, they said, waa,‘ac- C0t'ui|,g lo the li tiuiuon o'l then lath- eis, luie.Lci Lhupewee.* Du lounu the -.joriu well stocked with food, ana ne olealed cuilu.en, to whom nu gav^ two iiinus ot it’uu, the blaijv ana ,h while, bat for ban a them to eat th ulcok. Having tnua issued t;is com maids forme guidance oi ins family, ne ioi>k leave of them lor a nine, am. niadan long excursion for tne purpose oi coMutfinig the sun to the world — Durhg 1ms, his lira absence, his children were oocdieut, and ate only me while fruit, But they consumed i. till; the comiequeuce .was, iluu when no a second tune unseated hiiuseli lo oring the moon, and they longed 101 fruit, they iorgot tiie orders oi their lit her, a.id ale oi the black, wliwn iWs the kind remaining. lie was nuch displeased on ins return, and tod them that in future the earth vviuld produce bad fruits, and Chat trey would be tormented by sioafess aid death—penalties which Juive at tached to Ins hescenduihs lo ihe pres ent day. Chapewce Imnsoli lived su long that his throat w as worn out, a..d he could no longer enjoy nie; but he iva? unable to die, until, at ins own request, one of his people drove a weaver tooth into Ins head. The same, or another Chapcwee for there is some uncertainly on tins lead,) lived with his lamily on a strait between two seas. Having there con structed a weir to catch fish, such a qiantity vveie taken that the sii ait was choked up, and tne water lose a.d overflowed the earth. Chupewee embarked with nis family in a canoe, •taking with them all manner of hues and beasts. The waters covered the earth for many days; but, at length, Chapcwee said, we cannot m e alw ays thus, we must land again—and lie ac cordingly sent a Beaver to search for it. The beaver was drowned, and his carcase was seen floating on the water; on which Chupewee despatch ed a musk-rat on the same errand.— Tne*second Messenger w as long ab sent, and when he did return was near dying with fatigue; but lie hadat ! little earth in ins paws. The si^ht ol tiie earth rejoiced Chapcwee, but ins first care w as about ms diiligerd sci- ; vant, the rat, winch lie fuhucd gently ! with his hands, and cherished in ins bosom until it revived, lie next look up me earth, and mouldung it with Ins lingers, placed it ou the water, where il increased by degrees until it tunned an island in the ocean. A won was the last annual Chupewee placed on the iulant earth, But the ueigut was too great, il began to sink on one side, aim was in danger oi turn ing over. 1 o prevent tins accident the wolf was directed io move round the island, w hich he uid lor a w hole year, and in that time the earth in creased so much in size, that ail on l/oard the canoe were able lo disem bark on it. Chupewee, on landing, stuck up a piece of wood, which be came a fir-tree, and grew with a- mazing rapidity, until its lop reached the skies. A squirrel ran up this true, and was pursued by Chapew'ce, who endeavored to knock it down, but could not overtake it. He con tinued the chase, however, until he reached the stars, where he found a plain and a beaten road. In this road he set a snare made of his sister s hair, and then returned to the earth , The sun appeared as usual in the heavens in the morning, but at noon it was caught by the snare which Chapcwee had set for the squirrel, and the-sky was instantly darkened. Chapewee’s family on this said lo him, you must have done something wrong when you were aloft, for we no longer enjoy the light of day: “I have” replied he, ‘‘but it was unintentional!.” Chape- wee then endcavorud to repair the dull lie Bad comrjiiueu, aim sent a umiber of animals up tiie lice to le- .e.se the sun, By cutting the Mime; .in the intense heat of that luminary reduced them all to ashes. The ei- mris oi me more active animals being nus frustrated, aground moJe, though such a grovelling aim awkward beast succeeded, By Burrowing tinker tiie road in the sky, until it reached and • ui asunder the snare which bound the iun. It lost its eyes, however, the very instant it thrust its head into the light, and its nose and teeth have ev er since been brown; as if burnt.—* Clnvj'ewoe s island, during.these tran- saeuone, increased to the size of the present American Continent; and he traced the course of the rivers, and scraped out the lakes, by drawing his lingers through the earth. lie next allotted to the quadrupeds, birds and fishes, tin.ir different nations, and en* dowing them with certain capacities, he told them that they were in future to provide for their own safety, be cause man would destroy them when ever he found their tracks; but toy con sole them, he said, that when they died they should he like seed of grass, which, when thrown into the water, springs again into life. The animals objected to this arrangement, and said, let us, when w e die, be as a stone which, when thrown into the lake, disappears forever from the sight of mar.. Chapewee’s family complained of the penally of death en tailed upon them for eating ihe black fruit, on which he granted such of them as dreamed certain dreams should be men of medicine, capable of curing diseases and of prolonging life. In order to preserve this virtue, they were not to tell their dreams until a certain period had elapsed. To ac- quire the power of foretelling events, they were to take an ant alive, and in sert it under the skin of’ the palm of the hand, without letting any one know what they had done. For a long t ime Chapewee’s descendants were unilcd as ci’e family, bat at length some young men being accid entally killed in a game, a quarrel en sued, and a general dispersion of man kind took place. One Indian fixed his residence ou the borders of the lake, taking with him a dog big with young. The pups in due time were littered, and ihe Indian, when lie went out to fish, carefully tied them up to prevent their straying. Several times as lie approached his tent, he heard a noise of children talking and playing; but on entering it he only perceived the pups tied up as usual. His curiosity being excited by the noises lie had heard, he determined lo watch, and'oneday pre tending to go out and fish, Recording to custom, he concealed himself in a convenient place. In a short time he again heard voices, and rushing sudden ly into the tent, beheld some beauti ful children sporting and laughing, with the dogskins lying by their side, lie threw the skins into the fire, and the children, retaining their proper forms, grew up, and were the ances tors of the dog-rib nation. INDIAN DESTINY, The following beautiful and eloquent extract is taken from Judge Story’s Historical Address, lately pronounc ed in Salem, Moss. The pi. ture of the “poor Indian,” goes home to the heart.— Vermont paper. “There is, indeed, in the fate of these unfortunate beings, much to a- wakenour sympathy, and much to dis turb the sobriety of onr judgment; much which may he urged to excuse their own atrocities; much in their characters which betrays us into an in voluntary admiration. What can be more melancholy than their history? By a law of their nature, they scenj * destined to a slow but sure extinction. Every where at the approach of the v kite man they fade away. We hear the rustling of their footsteps, like that of the* withered leaves of autumn, and they are cone forever. They pass mournfully by us, and they return