CHEROKEE PHOENIX.

NEW ECHOTA AUG. 19 (sic) 1831

A few days since a near relative of the Agent called upon us and assured us that the remark we made in our paper, viz: that most of those who had drawn the annuity had received corn instead of the money, was false. Upon the authority of the gentleman alluded to we are happy to correct the error. We did not mean, however, to intimate that the agent offered the corn instead of the money, but that as he had corn to sell they purchased it of him. It matters not whether they received the case and then turned right round and paid it over to him for corn, or whether they merely said to him, 'if you will let me have a bushel of corn you may keep the fifty cents!' Our object, in making public our first information was, to show that it was a money making business with the agent, and with his friends to pay the annuity in the manner attempted. We think so yet, if the agent was so disposed. We are happy however to be assured that he is not thus disposed.

We are also informed that the whole amount of the annuity drawn does not exceed one hundred and thirty Dollars! We may now therefore put it down as certain that the foolish project of the government, to pay fifty cents to each individual, has completely failed. It is intimated that the agent intends, no doubt according to instruction from the President to deposit the money in the bank, from whence he received it.

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It is the intention of the President, we understand, to commence shortly enrolling the Cherokee people for emigration to the west of the Mississippi. The information comes by way of Georgia, and this step is to be taken in compliance with the urgent solicitation of Governor Gilmer. All Indian business is now transacted through that channel. The last attempt to enroll the Cherokees failed. Since that time their oppression has been increased twenty fold, and now they are again to be sounded. If it should turn out that this oppression has not been attended with the desired effect, another turn to the screw will be given.

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LIBERTY OF THE PRESS.

In the last number of the Cherokee Phoenix I stated that I was summoned before Col. Nelson, Commander of the Georgia Guard, from whom I received a lecture in regard to my future conduct as editor, and a threat of personal chastisement in case I should be guilty of publishing abusive and slanderous articles. It is proper that I should inform the reader of additional transactions of a like nature which have since transpired.

Yesterday morning three of the Guard come to my house unarmed, with a message from the Col. that I should walk up and see him before he left the place. I refused, and gave, as my reason, that I did not feel myself bound to comply, in as much as I was ignorant of his object. He had before sent a similar message, and it was only for the purpose of lecturing and threatening me. If his object was to repeat or execute that threat, a proper regard for my honor and character must compel me to refuse. I stated furthermore, that if he wished to have an interview with me on some friendly business, I should feel myself happy to comply, or if he could come down, I would be glad to see him at my house.

The Guard then left my house, but soon returned with four others, as I anticipated, all armed. They came into my yard. One of them observed that it was the wish of the Col. that I should walk up. I said, 'You then take me as a prisoner, Sir?' 'Yes Sir,' was his reply. As I stepped out of the house the same gentleman asked, 'Mr Boudinot, who fired that gun?' I told him I did not know--I heard the report, but there was no gun about my house. They told me that as they were walking from my house, some person, as they believed, shot at them, for they asked (sic) the ball struck a tree near them. When we got to where the Col. was, he also asked me who had fired that gun.--I replied as before. He then said that if he thought any person had really fired at the Guard, he would keep me as a hostage until they could get the right man. I told him he could do as he pleased as to that, but if he did keep me he would certainly have an innocent man. He then ordered the men to release me.

After this he asked me why I did not come when he sent for me? I told him I had sent my reasons by the men who had called upon me. His object was, he said, to inform me that I had made a misstatement in regard to the conversation that had before taken place between us. He did not complain of the missionaries coming out and publishing statements under their own names, but for making me the medium of communication to the public. They (the Guard) considered me a peaceable, passive, inoffensive and ignorant kind of a man, and as not possessing sufficient talents to write (as I understood them to say) the editorial articles which had appeared in the Phoenix. He intimated that the missionaries were the authors of those articles, and he blamed me for claiming them as mine. He requested me to make this correction, which I have done according to my best understanding of now (sic) his language.

After further conversation, in which he proposed several questions, I told him I wished to know, in order that I might not be guilty of misstating things, on what ground he had arrested me? He said, 'for the firing of that gun.' He took the opportunity, also, of repeating his former threat of flagellation. I observed to him that as to his threat I did not care anything about it, he could execute it if he pleased. He replied to this effect, ' Don't be short here--if you do I will mount you d-----d quick.' --' again, 'If you do,' meaning I suppose that if I made any more some misstatements, 'I will send hell to you,' or something like it. I inquired if he had now done with me. He said yes, and I returned. It is proper that I should here observe, that when I said I did not care about his threat, I meant that his threat should have no influence on my course as Editor of the Phoenix. THE EDITOR.

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NEW ECHOTA, AUG. 18th 1831.

Editor of the Cherokee Phoenix.

DEAR SIR:-- Before my last arrest I formed the opinion, that when once I should be fairly before court for trial, it would be useless afterwards to expose myself to be perpetually dragged about by a military force. It would be not less an interruption to my labors than my removal would be. This view of the subject, together with the peculiar situation of my family, led me to form the design of my removing them temporarily, that is until the time of my trial, if Mrs. Worcester should acquire so much strength as to render it practicable. In the mean time, I supposed that my relative duties required me to us all lawful means to be with them. As soon, therefore, as I had given security for my appearance at court, I informed Col. Nelson of m intention to remove if possible, requesting him to present the case to Col. Sanford, and desiring that I might not be further interrupted, until my removal should cease to be an impossibility. He promised to present my request to Col. Sanford, but at the same time expressed his opinion that it would not be granted. On my relating this conversation to Mr. Chester, whom we had employed as legal counsel, he immediately proposed to writing to Col. Sanford in my behalf. This gave rise to the following correspondence.

Yours with much esteem,

S. A. WORCESTER.

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Lawrenceville, July 25, 1831.

Col. J. W. A. Sanford,

Dear Sir,--Of the proceedings and their result in relation to the missionaries you will have heard before this reaches you. I have now an appeal to make to your kindness and humanity. You are acquainted with the situation of Mrs. Worcester, and aware that at present her removal is impracticable. So soon as she can be removed, it is the intention of Mr. Worcester to leave the chartered limits of Georgia with his family. He is already under sufficient bonds for his appearance at court, and I take upon myself to say that he will appear to answer to any complaints already entered or which may be hereafter alleged against him. And I will further say, that if you wish any bond or security for his appearance to answer to the complaint of residing in the nation from this time till such time as will admit of the removal of his family, that it shall be given. Under these circumstances and with these assurances I have to solicit that he may not be torn from his family in their present situation, but suffered to remain with them, holding himself, as before suggested, amenable to the laws for such continuance. I am persuaded that you will not deem this request an unreasonable one, and that a compliance with it will be alike consistent with what you may conceive to be your duty, and with your feelings. Will you have the goodness to put into the hands of the bearer, Mr. Thompson, a reply to this, directed either to myself or to Mr. Worcester.

I shall regard a compliance with this request as a particular favor to myself, as well as to the parties more deeply concerned.

Your Ob't serv't.

ELISHA W. CHESTER.

Col. J. W. A. Sanford,

SIR:_ The above was written by Mr. Chester with my consent, and with my full concurrence in every particular.

Respectfully,

S. A. WORCESTER

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SCUDDER'S, July 26th 1831

SIR.__In answer to the letter of E. W. Chester, Esq., written it seems at your instance, I will briefly remark, that I do not consider myself vested with any power whatever to dispense with the laws of the State. If they operate harshly upon you, the fault is exclusively your own.--If they tear you from your family, when sickness renders your personal services necessary, blame none but yourself for the separation. You know full well Sir, that you could have remained in peace with them, and administered to their necessities, had you been disposed to demean yourself uprightly as a citizen of the State. There is nothing in her statutes, requiring him to neglect his family in their distress; on the contrary proper punishment if he does. Of the indisposition of Mrs. Worcester I have frequently heard;-her case appears a protracted one. I regret her sufferings. I rejoice to hear the prospect of her recovery. But not until very recently have you thought proper to assign her indisposition as the reason of your remaining improperly within our Territory. Believing now that it is a mere subterfuge by which you may be permitted to continue, undisturbed, your nefarious machinations, your request can not be granted. Your misconduct may be the misfortune of your family; neither sorrow nor sympathy, for their situation, can impede the course of justice. The object of my Station is to prevent, not to permit transgressions of the Law. I should myself, therefore, be guilty of a dereliction of duty, were I to allow you to become further criminal.

Respectfully,

Yr. Ob't Serv't

J.W. A. SANFORD.

Rev. Samuel A. Worcester.

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BRAINERD, Aug. 14th 1831

Col. J. W. A. Sanford,

SIR.- Before the receipt of yours of July 26th, I had been blaming myself that I did not, in expressing my concurrence in Mr. Chester's letter, state explicitly, for fear of misapprehension that my intention to remove my family related simply to the time during which my trial is pending. I did not mean to give any intimation relating or extending to any subsequent period. Whatever of obligation, however, that letter might be supposed, by way of promise, to imply, that obligation is canceled by your answer.

You remark that not until recently have I urged the indisposition of Mrs. Worcester as the reason of my continued residence at New Echota. I hope I have not been understood to imply, that such was the reason, until since I have been bound over to answer at court for such residence. Not until than has it been the reason; for although my circumstances were indeed such, that I could not have removed if I would, yet I never had a wish to conceal the truth, that I should not have thought it my duty to do so, if it had been in my power. I believed that I ought not to yield my right of residence, until it could be fairly tested before judicial tribunals. But when, by my arrest, and being bound for my appearance at court, the question was brought in to a tram for adjudication. I considered it as not expedient, if it could be avoided, to expose myself to repeated arrests. With is view I expressed to Mr. Chester my intention of removing, if practicable, while the cause was pending, and concurred in the request which he voluntarily offered to make in my behalf.

As to the nefarious machinations of which you accuse me, supposing that no other things can be intended than those intimated by his Excellency Governor Gilmer, in his letter to me, I deem it sufficient in reply to refer you to my answer to him, a copy of which is in your possession.

I am respectfully,

S. A. WORCESTER