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Edited by elias boudinott. PRINTED WEEKLY BY ISAAC H. HARRIS, 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 of a new year. Any person procuring six subscribers, and 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. iCPAII letters addressed to the Editor, post paid, will receive due attention. AGENTS FOR JTHE CHEROKEE PHCENIX The following persons are authorized to teceive subscription? and payments for the Cherokee Phoenix. Henry Hill, Esq. Treasurer of the A. B. C. P. M. Boston, Mass. George M. Tracy, Agent of the A. B. G. F. M. New York. Rev. A. D. Eddy, Canandaisrna. N. Y '1 homas Hastings, Utica, N. Y. PoLLAfeD & Converse, Richmond, Va. Rev. James Campbell, Beaufort, S C William Moultrie Reid, Charleston, S. Ci Col. George Smith, Statesville, W. T William M. Combs, Nashville Ten, Rev. Bennet Roberts—Powal Me. Mr. Thos. R. Gold, (an itinerant Gen tleman.) LAWS OP THE CHEROKEE NATION. Resolved by the . \ idiointl Committee und Council, .Flint the Principal Chiefs of the Cherokee Nation, the members of the National Committee, the members of Council, the of the several Courts, and all other officers of the Nation, likewise the Jurymen before entering upon the du ties of their respective offices, shall take an oath before some authorised person to serve and discharge their duties faithfully and impartially to the best of their abilities. JVew Echota, Oct. 13, 1826. a£l9xS OSS ' Pres,t - N at. Com. MAJOR RIDGE, Speaker. Approved, CHARLES R. HICKS. A. M'COY, Clerk N. Com. E. BOUDINOTT, Clerk N. Council, Resolved by the National Committee and Council, That no person who dis believes in the existance of the Crea tor , and of rewards and punishments after death shall be eligible to hold any office under the Government of the Cherokee Nation nor be allowed the privilege of their testimony in anv Court of Justice. 1 JVeio Echota, Oct. 13, 1826. JOHN ROSS, Prcs't N. Com. MAJOR RIDGE, Speaker. Approved—CHALES HICKS. A. M'COY, Clerk N. Com. E. BOUDINOTT, Clerk of N. Council. Resolved by lite utioncil Committee ' and Council, That Mr. Charles R. Hicks, one of the principal Chiefs be and he is hereby authorized to admin ister the oath of office to the members of the National Committee, the mem bers of Council, and the several Cir cuit Judges of the Nation, and that the President of the National Commit tee be and he is hereby authorised to administer the oath of office to the two principal Chiefs; and the circuit Judges to administer the oath of office CHEROKEE to all other officers within their res pective Districts. Mw Echota, Oct. 14, 1826. J NO. ROSS, Pres't N. Com. MAJOR RIDGE, Speaker. Approved—CHAßLES HICKS. A. McCOY, Clerk of the N. Com E. BOUDINOTT, Clk. N. Coun. Resolved by the National Committee and Council, That a child under the age of twelve years, whose tender age renders it improbable that he or she should be impressed with a prop er sense of moral obligation or of suf ficient capacity, deliberately to have committed an offence, shall not be considered, or found guilty of any crime ur misdemeanor; nor a lunatic or a person insane without lucid in tervals, shall ! <• found gir'lty of anv crime with which he or she may be charged; Provided the act so charg ed as criminal shall have been com mitted in the condition of such lunacy or insanity: Be it further resolved that an idiot shall not be found guilty or punished for any crime or misde meanor with which he or she may be fharged; Be it also further resolved that any person counseling, advising, or encouraging a child under the age of twelve years, or a lunatic, or an idiot to commit an offence, shall be prosecuted for such offence when committed as principal, and if found guilty shall suffer the same punish ment as would have been inflicted on said child,, lunatic or idiot, if he or she had possessed discretion, and had been gui'fv. New Echota, Oct. 14, 1836. ROSS. Pres't N. Com MAJOR RIDGE, Si al er Approved—CHAßLES R. HICKS, ' hi*, PATH X KILLER. mark. A. M'COY, Clerk N. Com. E. BOUDINOTT, Clerk N. Coun NEW ECU OTA, WEDNESDAY JUNE 25, 1828. The following is a reply from the Com missioners to the Council. ' Newtown, October 21,1823. Friends and Brothers: Your com munication of yesterday was handed us by your messenger. We feel con strained by duty and instruction to re ply- and to reserve to ourselves the privilege of reply, as often as we may consider it necessary. In doing this, we violate no sentiment which we have heretofore expressed, with re gard to this nation. wnld give us a deeper regret, than to find j that our confidence has been mis placed, and our encomiums improper ly bestowed. Of this we have no ap prehension at present, and shall pur sue the negotiation under the hope, that it will yet be closed in a manner which shall comport with the just ex pectations of the Government. Brothers: The relation which this nation stands to the Government of the linited States, is somewhat peculiar. The original title of this soil is ac knowledged to have been in you. There was a time, when most of the territory now composing the United States, belonged to the various tribes ot Indians. The people of Europe were the first white men who landed upon these shores. As soon as they established colonies, they claimed the sovereignty of the soil by the right of discovery. For a long period of time this sovereignty was " exercised with out resistence. At length, the colon ies grew to a size which enabled them :o take management of their own af- fairs. A war ensued, which lasted seven years, and then ended in a com plete success of the Colonies. What Europe claimed by discovery, was then vested in the people of the Colon ies by conquest. All the country which was conquered fell to the con querors. The Cherokees, the Creeks, and almost every Indian tribe, power ful and numerous as they were, took sides against us. All shared the same fate. All became subject to | the government afterwards establish ed, under the title of the "United States of America." This subordination and loss of pow er, would have followed conquest as a matter of course; but, in order that it might be reduced to a certainty, and made plain, and recorded, treaties were entered into, in every instance, \yith the Indian tribes, who were par ties to the war. I he Delaware surrendered their sovereignty at the treaty of Fort Pitt; the Six Nations at Fort Stanwix; the Creeks at New York; the Chickasaws at Hopewell; and the Cherokees at Hopewell in the year 1785, and so on. By these, and by great many other na tions, a complete surrender is made, and protection claimed- The language of the United States, in the treaty of Hopewell, gives peace to the Chero- CORRESPONDENCE Between Commissioners on the part of the United States, and the Council of the Cherokee Nation, in the year 1823. J I [continued.] tees and receives them into favor and protection. The language of the Cherokees is submissive, and accepts lie offer. So complete was the au hority acquired by these memorable >perations, that the territory of all hose tribes was made the subject of L allottmentAll the lands which hey now hold, has been "allotted" to hem. Their original title is forever jone. First, by discovery. Second y, by conquest. And, thirdly, by reaty. But the surrenders which lave been made from time to time by he Cherokees, go still further, and luthorize the United Stales to "man ige the trade of the Cherokees as they nay think proper." Brothers: We have reference to hese matters of history and compact, lot to shew your humility, but to shew your dependancc. On the con trary, it does not degrade you to give ou the evidence of your dependan-e; t is a matter of distinction, to be con lected with, and dependant itpun, the lovernment of the United States.— There are twenty-four states and hree territories, which are found to tcknowledge this connection and de >endance. The advantage is mutual. The United States give laws, give sta )ility, and protection, to the states, ind the states give obedience, sup lort, and taxes, to the Government. By this union, the Government be :omes powerful—by a division, it vould be feeble. As relating to the lifferent tribes of Indians who have settlements within the states, the Government is prepared to speak with candor and decision. If they cherish the idea of independence am ;elf government, the sooner they art corrected, the better. The Unit.ec states will not permit the existence o separate, distinct, & independent gov :rnment within her limits. All the People on her soil must be hers, anc ler laws must, sooner or later, per fade the whole. To qualify you foi 'itizenship, the Government has, with n the last twenty years, expended up 5,1 you upwards of half a million o lollars. You have been told that yoi ire the President's favorite children Sou are indeed so. He seeks not t< lestroy, but to preserve you. There s nothing annihilating in his scheme When he qualifies you as citizens, yoi nust. become so. The process o jualification will follow you wherevei rou go, and as fast as you become cit zens you become subject to our laws Whether this subjection to our law: s to be individually or collectively lepends in a great degree upon your selves. As long ago as the treaty oi Hopewell, in 1785, the idea is sug >ested of your becoming a territory oi he United States, with the right ol •epresenlation in Congress. If this uition would preserve a compaci orm, not within the limits of the states, no obstacle would remain t< lie organization of a territorial gov -srnment composed of themselves.— While they are within the limits o he states the state soverignty mus irevail and they must become merm n the white population, and take tin standing ofindividu.il citizens. Brothers: Let your choice be as it may, your condition will be bettered. The government which you have late ly formed for yourselves, although it is greatly to your credit, yet is objec tionable to many of its important fea tures. A territorial organization un der the United States would be great ly preferable. Such changes are common among nations, and often to the advantage of both parties. But, if this scheme is not yet sufficiently matured to meet your acceptance, then a cession of a part will quiet the solicitude of Georgia and of the Uni ted States, for the present, and give time for further deliberation. The ces sion of a part need not affect the wish es or interest of any individual, with respect to citizenship. If those who live upon the part ceded are not dis posed to become citizens, they can be indemnified for their losses in re- ! moving, and retire within your lines, ' the y are disposed to become mem ■ bers of the states, they can be secur ■ ed in a residence, and'let into all pri vileges of ordinary citizens. Brothers: We have thus laid before you some new topics for discussion. -These involve considerations of vast importance to yourselves and to pos terity. Listen to them, and answer with Calmness and deliberation. You are not engaged in light dis putes or trifling considerations. Na tions are parties to this correspond ence. If we know our Government and ourselves, we design you no harm. Our object is the good of the whole American family. We shall nnw proceed to notice some of the remarks in your commu nication of yesterday, and close for the present. The picture which you have drawn of the separation of friends and rela tives at the emigration to Arkansas, is honorable to the sympathies of your hearts. But the heart often bleeds at what the judgement approves. A-:, mong ourselves, these separations oc cur almost daily. You advert with some emphasis to the "circumstances and means which caused the separa tion." Brothers: We understand that it was wholly voluntary, and that your citizens projected the scheme them selves, as long ago as 1808. At that time the President was aware that the season was unpropitious for so se rious an operation. His land beyond the Mississippi had not been explored. The distresses of the people and gov ernment were great, and theprospect of a war was in viavv. The Presid ent acted as a great and good father to you and advised you not to go.—> Since that time it has been ascertain ed that the country admits of eligible settlement and organization, and the most advantageous terms have been allowed for your removal. In all this, we discover nothing but the character estic magnanimity of the American Government. Brothers: You state that you "once i possessed an extensive country, but that you have made'cession after ces sion, until your limits have been cir cumscribed." Would you, if you could, repossess yourselves of all the soil which you once held, and allow it to be peopled only by yourselves? Would you demolish temples raised to science and dedicated to God, that beasts might have a wider range, or game a broader play? Would you lay waste a city, that a wigwam might rise upon its ruins? No, broth ers; you are now drinking of the streams of civilizations, and leaving far behind you the little and vulgar prejudices of untutored barbarism. These are giving place to jlist and liberal conceptions of the rights of man and the bounty of man's Creator You suggest that the eagerness of your neighboring brethren "to obtain lands is so strong, that a small cession would not satisfy them. It is true that self-interest is a strong principle of action, and in its operations often requires restraint. In this case, how ever, this eagerness is considered rea sonable, and your father the President gives it his sanction. We assure you that a small cession will have a much greater quieting in fluence, than no cession at all. It is not altogether fair to set bounds to eagerness when it is founded upon rights. Your allusion to the subject of the line, run under the treaty of will receive due attention before we close our correspondence. With great respect for the council, and increasing regard for its members, we again subscribe ourselves, Your friends and brothers, DUNCAN G. CAMPBELL. JAMES MERIWETHER. To the Council of the Cherokee Na tion.