Wednesday, November 26, 1828
Volume 1 No. 39
Page 1 Col. 4b-5b
Page 2 Col. 1b
Monday, Nov. 17
The following resolution was adopted by the Committee.
Resolved by the Committee and Council in General Council Convened, That any person or persons who shall leave their houses, farms, or other improvements, and bind themselves by enrolment, or otherwise, with intent of removing our of the jurisdictional limits of this nation, as emigrants to another country, such person or persons shall forfeit all right, title, claim and interest that, he, she, or they may have, as citizens of the Nation to houses, farms, or other improvements so left.
The Resolution passed by the lower house, appointing Andrew Vann, Cold Weather, Chu-no-loo-hah-ski, Capt. Old Fields, and Robert Parris, to fix upon some suitable place in Hightower District, for holding the Courts, was agreed to.
The resolution amending the law passed 12th Nov. 1825, on the subject of Witnesses, was concurred by the Council.
The claim of Big Cabbin and others was again resumed, for consideration. After warm , the claim was rejected, only one ( e. Gunter) voting in favor of the claim.
Edward Adair, charged with using public money, appeared, likewise Jesse. E. Bean with his witnesses.- After the examination of the witnesses, the Committee decided that the evidence was not sufficient to convict E. Adair.
The petition of Captains Brown and Deer in the Water, praying for extra pay for services rendered in assisting Capt. McCall, in 1820, in removing the intruders from this Country, was submitted and rejected.
Small Wood's petition for a grant to open a road was rejected.
Tuesday, Nov. 18.
The report of John Martin, on the subject of public turnpikes was submitted. In favor of the Nation, after deducting all expenditures, $227 34 cts.
The principal Chief returned the resolution on the subject of roads with his objections.
A motion was made to reduce the penalty prescribed in the resolution to One Hundred Dollars. The motion was adopted.
The following resolution was passed.
Resolved by the Committee and Council in General Council convened: That the resolution passed 12th Nov. 1825, making it unlawful to attach and sell certain kind of property therein specified, be, and the same is hereby, so amended as to include sixty bushels of corn.
The petition of John Beamer and Walking Stick, to establish a ferry at a certain point between the Lower Shallow Ford, and Gate's Ferry on the Chattahoochee was agreed to, but rejected by the Council.
On motion it was decided to build a Court house, in New Echota, for the benefit of the Supreme Court of the Cherokee Nation.
A claim was submitted by William Hicks which was rejected.
The Resolution, providing for the erection of a Court house at this place, was agreed to by the Council.
The petition of Thos. Mannon and others, for a road, granted by the Council, was rejected by the Committee.
The petition of Small Wood praying for compensation, for paying A. McCoy a certain amount of money due him without his orders, was submitted.
The Committee decided that the Nation was bound to Small Wood, in case A. McCoy would not refund the money. A. McCoy appeared and agreed to refund the money.
A communication was received from the principal Chief, on the subject of the controversy existing between A. McCoy and Jas. P. Chisholm & Co. respecting the ferry landing, advising that the subject may be settled by Legislative act. On motion of David Vann, the Committee decided that it was not expedient to resume the subject.
The Editor of the Cherokee Phoenix made report respecting the establishment. Additional regulations were passed for the future management of the paper.
Appropriation Bill was passed, to meet the contingent expenses of the Nation, and sent to the Council.
A resolution was passed, providing payment for the two principal Chiefs,
appointed in 1827.
The Resolution providing payment for the two principal Chiefs, appointed in 1827, was concurred by the Council.
The Resolution on the subject of the Printing establishment, was concurred by the Council.
The appropriation Bill, to meet the expenses of the Nation, was also concurred by the Council.
The petition of Samuel Ward, asking pay for four years service as Capt. of the Light horse company, was submitted, and after examination, was laid over until the next General Council.
The following communication was addressed by the Committee and Council, to Col. Hugh Montgomery, United States' Agent.
IN GENERAL COUNCIL.
NEW ECHOTA, C. N.
Nov. 20th 1828.
Col. HUGH MONTGOMERY, U. STATES AGENT.
Sir- The General Council of the Nation has been in session several weeks. The great variety of business concerning the individual interest of our citizens, has necessarily protracted the session, beyond the day anticipated for adjournment. During the Council we have heard some unpleasant reports from that quarter, but not having received a single word from you on any subject, we do not know what credit should be given to them. It has been stated here that in consequence of James Rogers, of Arkansas, having used indirect and underhanded influence with James Spear's Brother and Sister, who are under age, to induce them to emigrate west of the Mississippi, & to take off certain property of their Father's estate, which is under the administratorship (sic) of James Spears, an affray took place in M'Minn County, between said Spears and Rogers, in consequence of this private matter; and that the Sub agent under your order at the head of the Sheriff of McMinn County and other citizens thereof, some days thereafter, entered the Nation, arrested Spears, and imprisoned him in Athens jail. If this report be true, we cannot see under what legal authority the Agent is justifiable in leading the Sheriff and other citizens of the United States into the Nation, and arresting one Indian for whipping another Indian; and to take him out of the Nation and punish him under the laws of the United States. In order that any further difficulty between our citizens, and any of the Cherokees west of the Mississippi, may be prevented, and that harmony and good understanding may be preserved, we do hereby protest against the Arkansas Cherokees interfering, or intermedling (sic) with the concerns of our citizens in any manner, whatever, and we hope that you will advise them accordingly, as the authorities of this Nation cannot, and will not be, responsible for the consequences. It is also stated, that the Sub-agent and one of the interpreters are gone out into the Nation to use influence to obtain emigrants to Arkansas. The contents of the Treaty lately made with the Cherokees west of the Mississippi is generally known to the people of this Nation, and if they are disposed to embrace any of its provisions, they know where the agency is located and can find the way there themselves, and we hope that it is not the design of the General Government that any unfair and dishonorable steps should be taken to seduce any of our citizens away from this country.
We will avail ourselves of this occasion to inform you, officially, of the changes which have been made by appointments under our Constitution, and with whom you are to correspond on public business with this Nation.- John Ross has been duly elected Principal Chief of the Cherokee Nation, for four years, and Geo. Lowrey Senr. Assistant Principal Chief for the same term, and John Martin, National Treasurer for two years. We will also inform you that Messrs. Richard Taylor, Edward Gunter, and William S. Coody, have been appointed as delegates to the General Government during the ensuing session of Congress for the purpose of adjusting various business of interest and importance to this Nation, and that the Principal Chief has been requested, and is expected to accompany the delegation on this mission. You will please to report this intended visit to the General Government immediately; it is expected that the delegation will reach the Agency on the 20th of next month on their journey.
We are respectfully your friends and obedient Servants.
The lower House adjourned this evening to the second Monday of October, 1829.
The Committee were this day employed in paying the Members of the Genl. Council, & other expenses of the Nation. Amount of expenses incurred during the session, $5104 48 3-4.
The Committee adjourned to meet on the second Monday of October 1829.