AND INDIANS' ADVOCATE
Wednesday, June 3, 1829
Vol. II, no. 9
Page 1, col. 1b-2b
of John Ross, Richard Taylor, Edward Gunter, and William S. Coodey, in behalf of the Cherokee Nation.
To the Honorable House of Representatives of the United States, in Congress assembled:- The undersigned memorialists, in behalf and under the authority of the Cherokee Nation, humbly showeth [sic]; That a treaty was entered into by their nation with the United States, at Tellico, on the 24th of October, 1804 ceding to the United States a tract of land on the frontier of Georgia, for which tract the sum of five thousand dollars was stipulated to the nation, to be paid on the execution of the treaty, and a permanent annuity of one thousand dollars per annum. Owing to some unknown cause, or neglect on the part of the Government, this treaty was never constitutionally ratified until the 17th of May, 1824, and the nation received no part of the annuity until some time in 1825. Immediate possession of the lands was surrendered to the United States, but she continued to use and derive interest from the moneys promised the nation for twenty years thereafter. We believe, upon every principle of justice, that our nation is entitled to usury on this money from the Government, at the rate of six per cent. per annum, making a sum of twelve thousand six hundred dollars. We humbly solicit and pray that your honorable bodies will authorize the payment of the above sum by the passage of a bill for the relief of the nation.
We beg leave, further, to bring one other subject before you: The sum of $1,589 25 cents was stopped our of our annuity in 1825 by the then Secretary of War, for the use and benefit of certain traders, who had paid taxes under the laws of the nation, for vending merchandise within its limits. This was done under a plea that the nation had no right to impose taxation upon licensed traders predicated upon the opinion of the Attorney General on the subject. The national authority are of the opinion that they have a right to impose a taxation, and are supported by the ably written opinion of the Honorable Hugh L. White, of Tennessee. This subject was submitted before Congress by the Cherokee Delegation, in 1824, with the opinions of the Attorney General and Judge White, but was not acted on. Since then, the above-mentioned sum has been deducted out of our annuity, in consequence of which our nation is much aggrieved. In taking a proper view of this subject, and considering our rights, and the relationship we sustain to the United States, as recognized and established by existing treaties, we cannot but indulge ourselves in the belief that you will order the above sum to be refunded by the passage of a bill for the relief of the Cherokee Nation, and, in duty bound, your memorialists, in behalf of their nation, will ever pray.
WILLIAM S. COODEY.
Washington City, Feb. 10th, 1829.
Extract of a letter from Col. Thomas L. M'Kenney to the Cherokee Delegation,
DEPARTMENT OF WAR,
Office of Indian Affairs, 22d. Feb. 1825.
"I am directed to inform you, that the annuity due your nation for this year, as also arising out of the provisions of the treaty of Tellico, will be paid to you on your authority to draw the same, after deducting the claims of M'Ghee, and M'Carty, Morgan and Huffacre, Jacob M. Scudder, and William Thorpe, licensed traders, for levies made by your nation upon them for taxes, amounting, altogether, to fifteen hundred and eighty-nine dollars and twenty-five cents.
I am respectfully, &c. &c.
TH. L. M'KENNEY.
TO JNO. ROSS, GEO. LOWREY, and ELIJAH HICKS, Cherokee Delegation.