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Cherokee phoenix. [volume] (New Echota [Ga.]) 1828-1829, July 02, 1828, Image 1

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VOL. I.
EDITED BY ELIAS BOUDINOTT
PRINTED WEEKLY BY
ISAAC 11. IIAMUIS,
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.
tion.
ftr?" Vll lrttere addressed t.0 the Editor,
post paid, will receive due attention.
————I.— H Mllil—HBM ■MIIIILI118L1JMJU—BM
AGENTS FOR THE CHEROKEE
PHCENIX.
PHGENIX.
The following persons are authorized to
receive subscriptions and payments for the
Cherokee Phoenix.
Henry Hill, Esq. Treasurer of the A
B. C. F. "M. Boston, Mass.
George M. Tracy, Agent of the A. B.
C. F. M. New York.
Rev. A. D. Eddy, Canandaigua, N. Y.
Thomas Hastings, Utica, N. Y.
Pollard & Converse, Richmond, Va.
Rev. James Campbell, Beaurort, P. C.
William Moultrie Reid, Charleston,
S. C.
Co). Georce Smith, Statesville, W. T.
William M. Comes, Nashville Ten.
Rev. Bennet Roberts—Powal Me.
Mr. THoS. R. Gold, (an itinerant Gen
tleman.)
LAWS
OF THE CHEROKEE NATION.
Resolved by the National Committee
and Council, That in case of all con
tracts of debts payable in property,
when the contracting parties have not
specified any fixed period for payment,
it shall be the duty of the creditor or
agent to give the debtor ten days no
tice of a certain place of delivery to
make payment according to contract,
and if such notification be not compli
ed with, it shall then be lawful for the
proper officer to proceed, as the law
directs, in levying upon, and disposing
of at public sale to the highest bidder,
the property of such debtor or debtors.
This to be an amendment to the act
of 12th of Nov. 1825.
Ncie Echota, Oct. 28, 1826.
JNO. ROSS, Prcs't N. Com.
MAJOR RIDGE, Speaker.
Approved—CHAßLES R. HICKS,
his
PATH X KILLER,
mark.
A. M'COY, Clerk N. Com.
E. BOUDINOTT, Clerk N. Coun.
X-A. JJV X X, V/1KTK IX. L/Oun.
Resolved by the National Committee
and Council, That all improvements
which may be left by any person or
persons and removing to another
place, and the same shall remain un
occupied for the term of one year,shall
beiconsidered abandoned, and any other
person or persons whatsoever may
take and go in possession of such im
provements in the same manner as if
there were no improvements. This
act to be an amendment to the one
passed 10th Nov. 1825, and to take
effect from the present date.
New Echnta, Oct. 14, 1826.
JNO. ROSS. Prps't N. Com.
MAJOR RIDGE, Speaker.
Approved—CHARLES HICKS.
A. M''COY, Clerk of the N. Com.
£. BOUDINOTT. Clk. N. Coun.
x*. livui/mui 1, U1K. I*, i^oun.
Relived by the National Committee
and Council, That in case the right-
ful owner or owners of t ny property,
which may be sold under the stray
laws, shall discover their property and
produce good and sufficient proof be
fore the National Treasurer, within
the period of eighteen nyonths after
the money has been paid iu'to the Na
tional Treasury, in such cases the ow
ner or owners of such property shall
be entitled to receive the nett pro
ceeds derived from the sales of his,
her, or their property; and this law
shall be an amendment to that passed
on flie 25th October 1825, providing
for the appointment of Rangers, and to
take effect from the date of the a
mendment.
JSTtw Echota, Oct. 28,1826.
JOHN ROSS, Pres't N. Com.
MAJOR RIDGE. Speaker.
Approved—CHALES HICKS.
A. M'COY. Clerk N. Com.
E. BOUDINOTT, Clerk of N. Council
JVIOW ECIIOTA, WE
>, CORRESPONDENCE
y Between Commissioners on the part of
" the United States, and the Council of
the Cherokee JVation, in the year
n 1823.
[Concluded.]
The folloicing is a reply from the Com
j missioners to the Council.
Newtown, 25th October 1823.
Friends and Brothers: Your
communication of yesterday has been
j under consideration, and we regret to
r see the very wide difference which
J exists between us, as to the material
. point of negotiation.
The anticipations of success which
we had indulged, were founded upon
confidence in your judgment. We be
lieved that we were in the right, and
hoped that we should succeed in con
vincing you. Your rejection uf our
application does not at all impair our
views of the propriety of what we
have laid before you. We have en
deavored, by a reference to the histo
ry of this nation, to satisfy you of the
nature of your title to the soil which
you occupy. The doctrine, to be
sure, is not very consoling, but is nev
ertheless true. You attempt to re
but it, by an article in the treaty of
Holston, in 1791. It is true, that the
7th article "guaranties to the Chero
kee Nation, all their lands not there
by ceded." And what does this guar
antee amount to? You greatly mis
take yourselves, if you construe it into
a conveyance, or even quit claim on
the part of the United States. No
tice the terms used in the fourth ar
ticle of the same treaty, which con
veys the lands ceded at that time.—
It is there said, "that the chiefs and
icarriors, for themselves and the whole
Cherokee J\"ation, their heirs and de
scendants, release, quit claim, relinquish,
and cede," the lands therein descri
bed. If the word "guaranty" would
have expressed all this, then that
word would have been used. Your
title under this treaty of Holston, is
no betterthan under the treaty of Hope
well, and under neither, does it amount
to any thing more than possession at the
will of the United States. You ac
knowledge, that you are "dependent
upon the United States for protec
tion." Brothers, such acknowledge
ment is very empty, unless accompa
nied by some signs that you feel the
obligation. Your father the President
has asked you, in terms the most
peaceable and reasonable, for what he
might have demanded; you might have
granted the application, without inju
ry or inconvenience to yourselves.—
It will rest with him to judge whether
your conduct will comport with your
duty. You state, that it is your de
sire to raise monuments of science
with your own hands, upon the soil of
your "progenitors." No lover of the
human race would controvert the sen
timent. No friend of mankind would
bring into use the "bow and the quiv
er," which you say have been laid a
side. The "axe, thp hoe, plough, and
shuttle," were given by the President,
and he will never withdraw them.—
But it is his desire, and it ought to be
your pride, to forward the general in
terest of all the American people.—
This never can be done, by your mo
nopoly of such extent of territory.
Brothers: It would seem, from your
pointed and determined rejection of
what we have asked, that it would be
wholly unnecessary to pursue the in
vestigation further. We commenced
with a simple proposition, to purchase
your claim to the whole or part of the
of the soil within the limits of Geor
gia. In the course of the correspon
dence, we evidenced the grounds of
negotiation, and discussed topics, in
teresting to the Government, and to
you. If no good results to eithe.r,
we must be content with the con
sciousness of having done our duty.—
\ our allusion to the proceedings under
the treaty of 1819, does not require a
detailed answer. Our knowledge up
on that subject would not, we pres
sume, rescue the Tennesseeans or
Georgians from the aspersions which
JULY 2, 1828.
you have thrown upon them. We
take leave, however, to observe, that,
wherever the laws have been appeal
ed to, they have been righteously en
forced, and that vast profits have real
ized by the persons naftied in that
treaty. As messengers of the Uni
ted States, it does not become us to in
dulge local feelings. The General
Government is bound to Georgia, and
we doubt not but that she - will fulfil
her engagements.
Brothers: We will not detain the
Council, if they are impatient, and
wish to rise. We understand that
they have sat much longer, upon busi
ness of less importance, heretofore.—
This is the third visit we have made
to the country, and we had a right to
expect a patient hearing. We shall
say but little more. Justice to our
Government, and good wishes to you,
require that we should add a few
words more; we ask you to receive
them as they are intended, in feelings
free from excitement.
According-to the us3ge of many
years, we exercised the right of ap
pointing the place of meeting you.
We selected your agency, and invited
you to attend last January, and you
refused. We selected another place,
more central, and a time more genial,
and invited you to come, and you re
fused. You were then indulged in ap
pointing time and place yourselves.—
We attended, and you did not. We
have now come to your own time and
your own place, and yon have reject
ed a reasonable application. We told
you on our arrival, that we were di
rected to co-operate with the Geor
gla Commissioners in negotiating the
settlement of long standing claims.— 1
We have stocd by, and seen you reject
a settlement of claims which occurred
at a time, and under circumstances,
powerfully imposing. When treaties
lose their obligation, what shall bind
nations? We have stood by, also, and
witnessed a correspondence, of seri
ous import, between yourselves and
your agent. We have seen his appli
cation rejected, and heard his dissatis
faction expressed. Our appointments
to meet you were under the President's
authority. The application of the
Georgia commissioners was under the
President's authority. Where is the
virtue of calling the President "Fath
er," of acknowledging "his protec
tion," and then refusing obedience to
his wishes? We might go further,
and remind you of the uniform dispo
sition of the government to attend to
your requests, and redress your griev
ances. Even at this moment, while
these things arc passing before us,
troops are on their march, with the
sword and torch, removing intruders
from your limits, and burning their
dwellings.
Brotherss: Ingratitude approaches
to crime; a grateful return for a favor
is the best evidence that the favor is
felt. You cannot suppose that all
these things, taken together, are to
pass away, and produce no effect.—
What the effect may be, we are not
exactly prepared to say. Time will
disclose it.
Brothers: We had rather see and
feel a different prospect. In the sin
cerity of our hearts, we wish this na
tion well. We should be happy to
see the tics, which bind you to the Gov
ernment, drawn closer. We should
like to see the chain grow brighter
and stronger. We fear that the very
reverse is the fact. The ties are
loosening, and the chain is becoming
weaker. There is a danger of your
losing connection with the Govern
ment, and having the agency abolished.
We might enumerate other conse
quences which are not improbable, but
which should be prevented if possible.
The course is plain by \Vhich the evils
may be averted. It is no mark of
manliness and magnanimity to persist,
merely for the sake of consistency,
after the judgement is convinced.—
It is often better to yield, than to re
resist even a doubtful right.
Brothers: We shall now close.—
We are not conscious of having said
AO. 19,
any thing, rot warranted by the au
thority oi our Government, and the
rules of fair and open negotiator*
We cannot take leave without submit
ting a lurther and distinct proposition.
So well are we satisfied of its healing
tendency, that it would be criminal in
us to withhold it. We submit the
I ol lowing:
1 lie United States proposes to pur
chase of the Cherokee Nation, theii*
claim to all the land east and north of
the following boundaries: Beginning'at
a marked corner, at the head of Ches
tatee; thence along the ridge, to the
mouth of Long Swamp creek; thence,
dovyn the Etowah river, to the line
which is to be run between Alabama
and Georgia; thence, with snid line, to
the dividing line bet ween the Creels &
Cherolcees; thence, with said line, to"
the Chatahoochee. In consideration
of said cession, the United States will
pay to the Cherokee Nation the sum
of two hundred thousand dollars, in
suitable instalments, and will also in
demnify the Nation against the Geor
gia claims; and as a gratuity to the
Nation, the Commissioners will pay
into their Treasury, at this time, for
the use of the Nation, the further sum
of ten thousand dollars.
We are, as usual, your friends and
brothers.
DUNCAN (i. CAMPBELL.
JAMES MERIWETHER.
baited States Commissioners.
Tnc Council to the Commissioners-
Newtown, Cherokee nation,
October 21th, 182o.
Lfciooer a,
IN GENERAL COUNOri,
Friends and Brothers: You say
that your anticipation of success was
founded upon confidence in our judg
ment, and that you believed and ho
ped you would have succeeded in con
vincing us that you were right, and
would also satisfy us of the nature of
our title to the soil which we now oc
cupy. The doctrine which you have
laid for a foundation, can never con
vince our judgment that you are cor
rect. We did not refer to the 7th
article of Holston treaty, 1791, as a
foundation to our title to the soil upon
which we stand. Our title has eman-'
ated from a supreme source, which
cannot be impaired by the mere cir
cumstance of discovery by foreigners'
neither has this title been impaired by
conquest or by treaty. If it was in
tended that our original title should be
forever lost, why did not the treaties
of peace declare it in plain terms, and
why should the United States pur
chase, time after time, by treaties,
lands to which you would wish to con
vince us we have no title? And when
such purchases were made, why did
they require such a right and title of
conveyance as given in the 4th article
of Holston treaty, 1791, to which you
have had occasion to refer? We had
noticed the 7th article of the treaty,
to shew that the United States do ac
knowledge oi.r right and title, and
have guarantied to respect the same.
This being the case, and the Chero
kees possessing the right and title, it
would have been superfluous and use
less for the United States to convey
to the Cherokees a right anif title
which a was already vested in the
Cherokees themselves, and not in the
United States, lou say our possession
is at the trill of the United States, and
that our rejections to the propositions
which have been made, cannot be ex
pected to pass away and produce no ef
fect, and that the ties which bind us
with the United States are loosening,
and the chain is becoming weaker.—
™ hat. Brothers', do you wish to im
pair the high confidence which we en
tertain of the magnanimity of your
Government? and to harbor an opinion
that, because the United States are
great and powerful, and the Cherokees
small, and dependant upon her for pro
tection, that she will trample justice
under foot, ancf compel us to yield
what we have peaceably and respect
fully refused to let the United States
have, for the benefit of the «ts*« of

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