[Letter], 1823 Apr. 25, near Fortville, Cherokee Nation

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Near Fortville, Cherokee Nation
April 25th. 1823
2nd Council Convened
Friends & Brothers,
The undersigned chiefs in behalf of the Cherokee Nation convened in council for the purpose of taking into consideration your communication of the
10th February last urging the repeal of the Resolutions of
October 1822. So that a convention may take place at Taloney on the
9th [added text: day ] August next for the purpose of entering into various topics of negotiation with you as United States commissioners. -- We have therefore maturely considered the subject contained in your several communications to our Head Chief, Mr. Charles R. Hicks and to the nation. -- Brothers, It is with deep regret we have noticed the feeling with which you have expressed your sentiments towards the Resolutions of
October 1822. and the course which have been pursued by the nation in not meeting you at the Agency in
January last; and this strict adhereance [adherence] to those Resolutions -- you have thought proper to denounce those resolutions as being premature, disrespectful and of dangerous tendency . Brothers; Surely you could not have read those resolutions with attention, or otherwise you could


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not with due reflection have asserted what has been declared by the committee and council as emanating from [deleted text: mature ] mature deliberation, to be premature. Brothers, We declare in behalf of the nation and ourselves, that those Resolutions were adopted from just and proper motives, being actuated from an impulse of preserving and promoting the true interest and happiness of the Cherokee People, and that no disrespect or contempt to the general Government or to her commissioners are offered or intended. So far is it from any such intention, that the concluding part of the general Resolution observes "but on any other business not relating to making a Treaty of cession we will at all times during the Session of the National Council at New Town receive the United States Commissioners or agents with friendship and cordiality, and will even keep bright the chain of peace and friendship which links the Cherokee Nation and the Government of the United States ," Such are the sentiments which you have so strongly protested against, as being premature, disrespectful, and of dangerous tendency, and so desirous that the chiefs should repeal so that a convention may take place on the
9th August next at Taloney, and the difficulties and breach which has taken place, between the President and his favorite Indian children may be healed."


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If these your expressions, flow from deliberate reflections and be your real construction of the Sentiments which we have quoted from the aforesaid Resolution -- We are really at a loss how you could suppose that we could ever agree with your ideas, how to promote the welfare and happiness of the Cherokees, when your object is to obtain their lands, and to seek compensation for things which have long since been solemnly adjusted by a Treaty and forgotten. -- Brothers, in adhering to our Resolutions we neither offer disrespect, contempt or refused to receive Ministers or commissioners of the U. States -- during the sitting of the council which adopted this general Resolution, a communication, accompanying a copy of the Resolution was forwarded by the Chiefs in Council, to the Honorable Secretary of War and a letter was also written to the then agent Colo. [Colonel] Meigs, informing him of the course adopted by the council and requesting him to communicate the same to the U States commissioners in his correspondence with them, So that they may not be dissappointed [disappointed] in coming forward to call a Treaty, and that the United States may be saved the useless expences [expenses] of making necessary preparations and of procuring supplies for a Treaty &c. [et cetera] All this was done in
October 1822 a considerable time previous to your fixing the time for a meeting and to entering into a contract [deleted text: with ] for supplies &c [et cetera] under these circumstances


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you came forward and the " failure, exposure expense and trouble " which you complain of, occured [occurred] -- all these occurences [occurrences] may be attributed, as we suppose, to the very little confidence and respect you had for the proceedings of our council -- Brothers, To avoid similar occurences [occurrences], we now declare to you that the Resolution of Council emanated from due regard to the interest, happiness, and prosperity, of the Cherokee People and that its adoption was founded was founded [was founded] upon mature deliberation and that it will be strictly [deleted text: adhered to ] observed and cannot be repealed -- and further -- that we do hereby solemnly protest before God & man against the nation meeting you at Taloney on the
9th August next as you [added text: have ] suggested -- We have but one seat for our General Council, which is at New Town, and should you come forward during our next General Council at that place, the Committee & Council will take you by the hand as Friends & Brothers and hear what you have to say on the subject of your mission. We know of no instance of Ministers or Commissioners to a foreign court persisting in selecting a spot remote from the Seat of Government to which their embassy were directed for negotiation; and of taking it entirely upon themselves to fix the time for a convention. We make these remarks, because you have intimated that "a refusal to receive


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Government by which you have been preserved and fostered. Other Governments would have triumphed in your downfall, and held you down by cruelty, and oppression. Such has not been the conduct of the United States. She has set an example which the whole civilized world ought to feel proud, to follow. It has been your unhappy lot to be shut out from the advantage which many others enjoy; It has been the constant study and exertion, of the government to relieve, you from, your unfortunate condition. The struggle has been long but not in vain. What was promised you by your first father Washington, has been fully performed by those great friends of mankind who have followed him. Under the kind protection of these earthly fathers you have been taught that you have a father above to whom you are accountable. It should be your pride to act up to the [added text: near ] relationship which exists between you and the United States -- If the President practices towards you the kind treatment of father, it becomes your duty, to return the obedience and gratitude of children. You have received this kindness from government from the close of the Revolutionary war up to the present time.
The President acknowledges that you deserve it by the steadiness of your fidelity. Your conduct as a Nation has been peaceable and harmless, although some of your


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citizens, have been at times restless and troublesome.
We doubt not but that some of our citizens are liable to the same charges. You have embraced the only, opportunity which has occured [occurred], of showing, that you are Warriours [Warriors], and that you are faithful to the country.
In the last War you were found bravely fighting by the side of the white man, your brother; against the enemies of liberty. These enemies would have seduced you if they could, and after making you traitors to your father the President, they would have become traitors to you. There would have followed a scene of desolation, at which every good man and Christian would weep; It was your fidelity which prevented it, and the hand of the red man & the whiteman were not raised against each other. The redman and the whiteman now are brothers, and long may they so continue --
Brothers, these remarks have grown out of feelings which have been inspired by our acquaintance with you. Coming as we do clothed in the high authority of the United States, we are left to speak the undisguised sentiments of sincerity, We have done so and hope and expect to be met in the same spirit of conciliation and friendship.


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Having made these remarks, we now proceed to lay before you the subject of our mission. We know that it is one which you have anticipated and upon which you have already expressed [deleted text: an opinion ] yourselves with some earnestness [deleted text: [illegible text] ] . We must ask you to suspend any conclusion untill [until] we have [added text: carried ] the matter through a calm and deliberate discussion. The whole of the authorities of the nation are now around their great council fire, with power to do any act they may think proper. The authority of the United States is also present. Any contract which may be now concluded will be binding on both parties.
We propose to purchase of the Cherokee Nation the whole or a part of the territory now occupied by them and lying within the chartered limits of the State of Georgia. We do not confine ourselves to Georgia limits, because we are Georgians, but because the President has appointed us at the instance of Georgia and instructed us accordingly. We will give you the reasons why a purchase is pressed by the general government for the use of Georgia. Previous to the
24th day of April 1802, Georgia held the right of Sovereignty over an immense space of [deleted text: territory ] country extending even out to the


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Mississippi River. The general government seeing [deleted text: that ] that the territory was too large to be contained within the limits of one State, made application to Georgia for the purchase of a part of it. This was for the purpose of organizing new States, and having them settled and populated for the better defence of the country in case of war. Georgia listened to the application of her father the President, and sold all the land which now lies in the States of Mississippi and Alabama. This happened on the day above Stated. At the same time, in consideration of this sale, the United States bound herself "at her own expense to extinguish for the use of Georgia as early as the same could be peaceably [deleted text: and reasonably ] obtained [deleted text: and ] on reasonable terms, the Indian title "to all lands within the State of Georgia. The limits of Georgia are known to you, and the amount of territory occupied by you within those limits is also known to you. For greater certainty, however concerning those limits, and the obligations of the United States to the State of Georgia, we refer you to the articles of agreement and cession entered into on the day and year aforesaid, between, James Jackson, --


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Abraham Baldwin, and John Milledge on the part of the State of Georgia, and James Madison, & Albert Gallatin & Levi Lincoln on the part of the United States. See laws of the United States Vol. [Volume] 1st Page 488-
By these articles you discover the rights of Georgia and the obligations of the United States. That these rights may be fulfilled and these obligations discharged, is the important object of the present mission. The sovereignty of the country which you occupy, is in the United States alone. No State or foreign power can enter into a treaty or compact with you. These privileges have passed away, and your intercourse is restricted, exclusively to the United States. In matters of cession of territory, you are recognized as a contracting party.
The United States possessing the soverignty [sovereignty] , and the Cherokee Nation being in possession, your consent is asked for the extinction of your title to the void within the Georgia lines. We concede that the terms must be "peaceable" and "reasonable". Our offer to purchase, establishes the first, and the consideration which may be agreed on, we trust, will be satisfactory as to the second.


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Beyond the Mississippi the United States possess large domains of unsettled territory, embracing great variety of soil and climate. A portion of this Nation is already there. If those with whom we are now treating are disposed to emigrate, then we offer territory in exchange of such extent, and accompanied by such other advantages, as may be agreed on. If this offer is not acceptable then we submit another, equally "peaceable" and [deleted text: [illegible text] ] equally "reasonable". It is that you cede to the United States, for the use of Georgia, such part of the territory within her limits as can be easily spared. Many reasons might be given which have induced Georgia to urge her claim for land upon the general government.
The reasons have appeared satisfactory to the Legislature and Governor of Georgia, and to the President & Congress of the United States. Some of these reasons grow out of [added text: the ] political connection of the [deleted text: United ] States, and others out of the crowded Settlements of the people.
It is not necessary to detail the first, they are urgent and must at some time have their weight. The last are plain to the view of every one who travels through that part of the Presidents dominion, --
His White


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people are becoming so much crowded, that they are driven from friends and connexions [connections] to foreign lands. Others are confined to a scanty piece of soil without timber for fencing or fuel. To prove these statements, we need only refer to the amount of our population and the rapidity of its increase. In the county in which one of us resides there are Eighten [Eighteen] Thousand inhabitants. --
The State of Georgia in
1810 contained 252433 inhabitants. In
1820, -344,773,- showing an increase in ten years of 92,340, and yet the present settlements of Georgia do not [added text: very ] greatly exceed the Cherokee Nation in extent, which contains about 12,000 inhabitants. This difference is too great over to [added text: have ] been intended by the great father of the Universe, who must have given the Earth, equally, to be the inheritance of his white and red children. --
Whether you dispose of all we ask for by exchange, or of a part by Sale, still you have enough, and to spare. For each man, woman, and child of the nation, a large allowance will be left, even enough for thousands yet unborn. Surely under this view of the Subject, when so much good is to result on our side, and so little, in fact, no evil, to the other, you will yield to our application.



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Brothers, we have thus made known to you the subject of our mission and some of the reasons we support of it. In a matter of so much consequence to the United States, it certainly becomes you to deliberate, to look well to this matter in all its bearings. To do unto us, as you would have us do unto you under like circumstances.
In such time as will best suit your convenience we shall expect an answer. We believe that we shall receive one which shall comport with the calmness and friendly disposition of the council. It is not to be supposed that an affair which involves so much might and importance is easily to be disposed of. We shall therefore beg leave to reserve to ourselves the privelege [privilege] of reply as often [deleted text: as often ] as we may consider it necessary

[Signed] Duncan G. Campbell
[Signed] James Meriwether United States Commissioners