Cherokee Phoenix

LAWS

Published June, 4, 1828

Page 1 Column 1b

LAWS

OF THE CHEROKEE NATION

[continued]

New Town, Nov. 14, 1825

Resolved by the National Committee and Council, That a memorial be drawn up and presented through the United States Agent for this nation, to the Congress of the United States, claiming, ' respectfully soliciting the allowance of interest on the twenty years annual instalment of one thousand dollars per annum, arising from the Treaty of Tellico, 24th October, 1804, which has recently been ratified on the part of the United States; and that the proper papers showing, that this nation had heretofore demanded of the United States' government the fulfillment of the treaty, with interest, also to accompany the memorial.

Be it further resolved, That a communication be addressed to the United States' Agent for this nation, touching the non-compliance, on the part of the Unicoy Turnpike Company, to make the annual payments, promised under the articles of agreement, granting the opening said road, and to request that measures may be taken to coerce the said Unicoy Turnpike Company to comply with the articles of agreement which have been ratified by the treaty of 1818.

By order of the N. Committee,

JNO. ROSS. Pres't Nat. Com.

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A. M'COY, Clerk N. Com.

E. BOUDINOTT, Clerk. of N. Council.

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Creek Nation, at General William M'Intoshes [sic], in council between the Creeks and Cherokees have this day made a Treaty about their boundary line; viz;

Article 1. A line we do hereby acknowledge, shall be run from the Buzzard Roost, on the Chattahoochee River, a direct line so as to strike the Coosa River, opposite the mouth on Will's Creek, thence down the bank of said river opposite to Fort Strother, on said river; all north of said line is the Cherokee lands, all south of said line is the Creek lands.

Article 2. WE THE COMMISSIONERS, do further agree that all the Creeks that are north of said line above mentioned shall become subjects to the Cherokee Nation.

Article 3. All Cherokees that are south of the said line shall become subjects of the Creek Nation.

Article 4. If any chief or chiefs of the Cherokees, should fall within the Creek Nation, such chief shall be continued as chief of said nation.

Article 5. If any chief or chiefs of the Creeks, should fall within the Cherokees, that is, north of said line, they shall be continued as chiefs of said nation.

Article 6. If any subject of the Cherokee Nation, should commit murder and run into the Creek Nation, the Cherokees will make application to the Creeks to have the murderer killed, and when done; the Cherokee Nation will give the man who killed the murderer, $200.

Article 7. If any subject of the Creek Nation, should commit murder and run to the Cherokees, the Creeks will make application to the Cherokees to have the murderer killed, and when done the Creek Nation will give the man who killed the murderer $200.

Article 8. If any Cherokees should come over the line and commit murder or theft on the Creeks, the Creeks will make a demand of the Cherokees for satisfaction.

Article 9. If any Creeks should come over the line and commit murder or theft on the Cherokees, the Cherokees will make a demand of the Creeks for satisfaction.

Article 10. All claims of theft from the time of the meeting held at Hickory ground, Cosa River, near Fort Jackson, with the Four Nations at the time Bools was taken, up to this date, it is agreed by the commissioners of both nations that they shall be foreclosed by this treaty.

Article 11. All individual debts the creditors will look to their debtors.

Article 12. The Commissioners of both nations do agree the lines described in the foregoing treaty shall be ratified, when the heads of both nations sign the treaty.

WE, THE COMMISSIONERS, do hereby set our hands and seals this eleventh day of December, 1822.

The above treaty of boundary run by Gen. Wm. M'Intosh and Samuel Hawkins, commissioners duly authorized by their nation, and Thomas Petitt and John Beamer, authorized commissioners of the Cherokee Nation, is forever hereafter acknowledged by both nations to be permanent.

CHEROKEE NAMES.

Chuliowah, {Seal}

Old Turkey {Seal}

Ta,car,sut,tah, {Seal}

Walking Stick {Seal}

Thos. Woodward, {Seal}

Ta,car,sen,na {Seal}

Oo,ta,le,tah {Seal}

Will Interpreter {Seal}

The Boot {Seal}

Small Wood, {Seal

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CREEK NAMES.

Gen. Wm. M'Intosh, {Seal}

Es,tun,e,tus,tun,e,gee, {Seal}

Ts,us,he,hou,lock, {Seal}

Tuskinhou, {Seal}

Tus,tin,e,gee, {Seal}

Na,han,lockopy, {Seal}

Chau,the,se,tus,tin,e,gee, {Seal}

Is,po,go,mico {Seal}

Dick, Interpreter {Seal}

Ha.be,he,lus,tin,ne,gee, {Seal}

Tus,ten,ne,cho,poy {Seal}

Ha,poy,e,han,gee, {Seal}

Tus,ke,he,now, {Seal}

John Stedhouse, {Seal}

William Hambly, {Seal}

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WITNESSES.

Major Ridge

Dan'l Griffin.

A. M'COY Clerk N. Com.

Jos. Vann, Cl'k to the Commissioners.

Be it remembered, That this day, that I have approved of the treaty of boundary, concluded on by the Cherokees, east of the Mississippi, and the Creek Nation of Indians, on the eleventh day of December, 1821, and with the modifications proposed by the committee and council, on the 28th day of March, in the current year. Given under my hand and seal at Fortville, this 16th day of May, 1822.

CHARLES R. HICKS. {Seal}

Witness,

LEONARD HICKS.

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WHEREAS, The treaty concluded between the Cherokees and Creeks by commissioners duly authorized by the chiefs of their respective nations, at General Wm. M'Intosh's on the eleventh day of December, (A.D.) one thousand eight hundred and twenty-one, establishing the boundary line between the two nations, has this day been laid before the members of the national committee, by the head chiefs and members of council of the Cherokee Nation, and Sam'l Hawkins, Sah,naw,wee, Ninue,ho,mot,tee, and In,des,le,af,kee, chiefs duly appointed and authorized by the head chiefs of the Creek Nation, for a friendly explanation ' full understanding of the constructions to be placed on the different articles contained in the aforesaid treaty, and to make such alterations as may be conceived necessary for the peace and harmony and friendship existing between the two nations; there, WE, THE UNDERSIGNED, in behalf of our respective nations, do hereby enter into the following agreement; viz;

The first Article of the aforesaid treaty, establishing the boundary between the two nations from Buzzard Roost, on the Chattahoochee River, in a direct line to Coosa River, opposite to the mouth of Wills Creek, thence down said river opposite to Fort Strother, is hereby acknowledged and shall forever be permanent.

And 2d and 3d articles, making provision for the citizens of both nations, who may fall within the limits of the other, after running the line, to become subjects thereof shall not be construed so as to compel the individuals falling within the limits of the other to become subjects of that nation, but it shall be left entirely to their choice.

The 4th and 5th articles providing for the chiefs of both nations who may fall within the limits of the other, and choose to become subjects thereof, shall not be construed so as to compel either nation to keep such chief of chiefs in the authorities of their respective councils, but the two nations, shall exercise their own authorities in the selection and appointments of their own chiefs.

The 6th and 7th articles are hereby repealed and made void and the following agreement substituted; viz; In case a citizen of either nation, committing murder in their own nations, and escaping to the nation of the other party for refuge and the chiefs of the nation from whence the murderer or murderers so absconded, should in their council, issue a proclamation offering a reward for the apprehension of such murderer or murderers, the chiefs of the contracting nations agree to use ever measure in their power to have the offender or offenders apprehended and delivered over to the chiefs of the nation from whence such murder or murders may have escaped.

The 8th and 9th articles, so far as related to crossing the line and committing murder on the subjects of the other, is approved and adopted; but respecting thefts, it is hereby agreed that the following rule be substituted, and adopted; viz; Should the subjects of either nation go over the line and commit theft, and he, she, or they be apprehended, they shall be tried and dealt with as the laws of that nation direct, but should the person or persons so offending, make their escape and return to his, her or their nation, then, the person or persons so aggrieved, shall make application to the proper authorities of that nation for redress, and justice shall be rendered as far as practicable, agreeably to proof and law, but in no case shall either nation be accountable.

The 10th article is approved and adopted, and all claims for thefts considered closed by the treaty as stipulated in that article.

The 11th article is approved and adopted, and it is agreed further, the contracting nations will extend their respective laws with equal justice towards the citizens of the other in regard to collecting debts due by the individuals of their nation to those of the other.

The 12th article is fully approved and confirmed. We do hereby further agree to allow those individuals who have fell [sic] within the limits of the other, twelve months from the date thereof, to determine whether they will remove into their respective nations, or continue and become subjects of that nation; and it is also agreed that in case the citizens of either nation, who may choose to remove into the nation of the other and become subjects, such person or persons shall be required to produce testimonials of their good character from the councils of their respective nations and present the same before the councils of the other nation; ' should the chiefs thereof then think proper to receive and admit them, it may so be done.

In behalf of our respective nations, WE DO HEREBY ADOPT, the above modifications and explanations of the several articles of the treaty establishing the boundary line between the two nations, and also, the additional agreement now made, shall hereafter be considered the basis on which our respective citizens shall be governed. In witness whereof we have hereunto set our hands and seals, this 30th day of October, 1823.

John Ross, President N. Com

George Lowrey

Richard Taylor

Thomas Foreman,

Thomas Pettit,

Hair Conrad,

John Baldridge

Sleeping Rabbit

John Beamer,

John Downing

Kelechulah,

Cabbin Smith

Chu,wal,loo,kee,

Approved

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Going Snake

Chickasawteehee,

Maj'r Ridge, Speaker,

Creek Commissioners,

Sam'l Hawkins,

In,de,le,af,kee,

Sah,now,wee

Nin,ne,ho,mot,tee,

Elijah Hicks, Clerk, N. Coun.

A. M'Coy, Clk. N. Com.