[Talk] 1823 Oct. 25, Newtown, to the General Council of the Cherokee Nation / Duncan G. Campbell [and] Ja[me]s Meriwether

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Newtown
25th Octor. [October] 1823
To the General Council of the Friends & Brothers
Your communication of yesterday has been under Consideration, & we regret to see the very wide difference which exists between us, as to the material point of negotiation. The anticipations of success which we had indulged, were founded upon Confidence in your judgement. We believed that we were in the right, and hoped that we should succeed in Convincing you. Your re [deleted text: g ] [added text: jec ] tion of our application does not at all impair our views of the propriety of what we have laid before you. We have endeavoured by a referece [reference] to the history of this nation to satisfy you of the nature of your title to the Soil which you occupy The doctrine, to be sure, is not very Consoling but is nevertheless true. You attempt to rebut it by an article in the Treaty of Holston in
1791. It is true that the seventh article "guaranties to the Cherokee Nation, all their lands not thereby Ceded" And what does this guarranty [guarantee] amount to? You greatly mistake yourselves if you Construe it into a Conveyance or even


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[unclear text: quit ] claim on the part of the United States, Notice the Terms used in the 4th Article of the Same Treaty, which Conveys the Lands ceded at that time. It is there said "that the chiefs & warriours [warriors] for themselves & the whole Cherokee nation their heirs & decendants [descendants], release quit claim, relinquish and cede" the land therein described. If the word "guarantee" would have expressed all this, then that word would have been used. Your title under the treaty of Holston, is no better than under the treaty of Hopewell, and under neither, does it amount to any thing more than possession at [added text: the ] will of the United States You acknowledge that you are dependant upon the United States for "protection". Brothers such acknowledgement [acknowledgment] is very empty unless accompanied by some of the Signs, that you feel the obligation. Your father the President has asked you in terms the most peaceable and reasonable for what he might have demanded, you might have granted the application, without injury or inconvenience to yourselves. It will rest with him to judge whither [whether] your conduct Comports with your duty. You state that it is your "desire to raise monuments of science with your own


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hands, upon the soil of your progenitors" No lover of the human race, would Controvert the Sentiment- no friend of mankind would bring into use the "Bow & the Quiver" which you say have been "laid aside" -- The "axe the Hoe Plough and Shuttle were given you by the president and he will never withdraw them. But it is his desire, and it ought to be your pride, to forward the general interest of all the american people, This Can never be done by your monopoly of Such extent of territory --
Brothers. It would seem from your pointed and determined rejection of what we have asked, that it would be wholly unnecessary to pursue the investigation further. We Commenced with a Simple proposition to purchase your Claim to the whole or part of the soil within the limits of Georgia. In the course of the Correspondence, we have widened the grounds of negotiation, and discussed topics, interesting to the government and to you. If no good results to neither, we must be Content with the [unclear text: Conciousness [Consciousness] ] of having done our duty. Your allusion to the proceedings under the treaty of
1819, does not require a detailed answer. Our knowledge upon that Subject would not, we presume, rescue the


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Tennesseans or Georgians from the aspersions which you have thrown upon them. We take leave however to observe, that whereever the laws have been appealed to, they have been righteously enforced, and that vast profits have been realized by the persons named in that treaty. As Messengers of the United States it does not become us to indulge local feelings. The [added text: general ] government is bound to Georgia, and we doubt not, but that she will fulfill her engagements,
Brothers we will not detain the Council, if they are impatient and wish to rise. We understand that they have sat much longer, upon business of less importance heretofore. This is the third visit that we have made to the Country, and we had a right to expect [added text: a ] patient hearing -- We shall say but little more. Justice to our government & good wishes for you require that we should add a few words more; We ask you to receive them as they are intended, in feelings free from excitement.
According to the usage of many years we ex [added text: er ] cised the right of appointing the place of meeting you We Selected your agency, and


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invited you to attend last January and you refused. We selected another place more central, and a time more genial and invited you to Come and you refused. You were then indulged in appointing time and place yourselves. We attended, and you did not. We have now come to your own time and your own place, and you have rejected a reasonable application. -- We told you on your arrival that we were directed to Cooperate with the Georgia Commissioners in negotiating the settlement of long standing claims. We have stood by & seen you reject a settlement of claims which occurred at a time and under Circumstances, powerfully imposing. When treaties loose their obligation, what shall bind nations? We have stood by also and witnessed a Correspondence of Serious import between yourselves & your agent, We have seen his application rejected & heard his dissatisfaction expressed. Our appointments to meet you were under the Presidents authority. The application of the Georgia Commissioners was under the Presidents authority. The application of the agent, was under the Presidents authority. Where is the virtue of Calling the President "father", of acknowledging "his protection " and then refusing Obedience to his wishes. We might go further and remind


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you of the uniform disposition of the government to attend to your requests and redress your grievances. Even at this moment while these things are passing before us, troops are on their March with the Sword and the torch, removing intruders from your limits, and burning their dwellings; Brothers, ingrattitude [ingratitude] approaches to Crime, a gratefull [grateful] return for a favour [favor], is the best evidence that the favour [favor] is felt. You Cannot suppose that all these things taken together are to pass away and produce no effect. What the effect may be we are not exactly prepared to Say: Time will disclose it.
Brothers, we had rather see and feel a different prospect. In the sincerity of our hearts we wish this nation well. We should be happy to see the ties which bind you to the government drawn Closer. We should like to see the Chain grow brighter and stronger. We fear that the very reverse is the fact. The ties are loosening and the chain is becoming weaker. There is danger of your loosing Connection with the government and having the agency abolished, we might enumerate other consequences which are not improbable, but which should


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be prevented if possible. The Course is plain by which the evils may be averted. It is no mark of manliness and magnanimity to persist, merely for the sake of Consistency, after the judgement is Convinced. It is often better to yield than to resist, even a doubtfull [doubtful] right.
Brothers. We shall now close. We are not concious [conscious] of having said anything not warranted by the authority of our government and the rules of fair and open negotiation. We Cannot take our leave without [deleted text: returning ] [added text: submitting ] a further and distinct proposition -- So well are we satisfied of its healing tendency, that it would be criminal in us to withhold it; -- We submit the following, --
The United States propose to purchase of the Cherokee Nation, their Claim, to all the land East and North of the following boundaries -- Beginning at a marked Corner at the head of Chestatee, thence along the ridge to the mouth of Long Swamp Creek. -- Thence down to Etowah river to the line which is to be run between Alabama & Georgia, thence with said line to the dividing line between the Creeks & Cherokees -- thence with said line


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to the Chatahoochee -- In Consideration of said Cessions the United States will pay to the Cherokee Nation the sum of two hundred thousand Dollars in suitable installments, and will also indemnify the Nation against the Georgia Claims, and as a gratuity to the Nation, the Commissioners will pay into their Treasury at this time, for the use of the Nation the further sum of 10,000 dollars --

We are as usual yr [your] friends & brothers
[Signed] Duncan G. Campbell
[Signed] Jas. [James] Meriwither
U.S. Commrs. [Commissioners]

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