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[1823] [unclear text: (No. 1.) ] Journal
Cherokee Commissioners





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Journal
State Commissioners
Cherokee Treaty
ordered to be filed

March 18th 1823






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Cherokee Agency
16th of January 1823

General Thomas Glascock & Colo. [Colonel] James Blair Commissioners appointed by his Excellency the Governor of the State of Georgia to adjust the Claims of the Citizens of said State against the Cherokee Nation of Indians; Met this day. And having appointed Major William Triplett their Secretary during the present Mission their Instructions were then read and none of the Cheifs [Chiefs] having arrived the Board adjorned [adjourned] to meet at 10 O Clock A M Tomorrow [deleted text: morning ]

Friday Morning
17th of January 1823

The Board met in pursuance to adjornment [adjournment] . The United States Commissioners being present a free interchange of Opinions took place when the commissioners on the part of the State were furnished with a Copy of the Instructions to the United States Commissioners by their Secretary M. Hay
It was then Ordered that a copy of the Instructions from


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his Excellency the Governor to the State Commissioners be furnished the United States Commissioners which being done and the Cheifs [Chiefs] not having arrived the board adjorned [adjourned] to 10 O Clock to Morrow morning


Saturday 18th of January 1823

The Board met pursuant to adjornment [adjournment]
On Motion Ordered that Col. R. J. Meigs be informed of our organization and requested to give such friendly information as he may think beneficial to the object of our Mission. The following note was then addressd. [addressed] to him and a Copy of Our Instructions furnished him by Our Secretary Major Triplett

Cherokee Agency

18th of January 1823
Colo [Colonel] R J Meigs
Sir,
Having Organized Ourselves


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For business we have thought proper to notify you of the Same, and to solicit such friendly information and advice from you as you may think best calculated to promote the object Contemplated by Our Mission.
A Copy of our instructions will be herewith handed you by our Secretary Major Triplett

We have the Honor to be Very
respectfully your Obt Servts [Obedient Servants]
[Signed] Thomas Glascock
[Signed] James Blair Commrs. [Commissioners]

To which the following reply was received (to Wit)

Cherokee Agency
18th of January 1823
Gentlemen,
I have had the Honor of receiving your letter of the present date Accompanyed [Accompanied] by your instructions from Governor Clark.
I have read the instructions and recognize their import.


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Any Exertions in my power, will not be wanting in aid of the commissioners to bring the Claims to a Just and favorable issue

I have the Honor to be
Your Obedient Servant
[Signed] Return J. Meigs Messrs [Misters] James Blair Thomas Glascock Commissioners

On Motion Ordered that the following note be addressd [addressed] to the U. States Commissioners (Viz. [Videlicet] )

Cherokee Agency
18th of Janury [January] 1823
To Messrs. [Misters] Campbell & Meriwether
Gentlemen,
Three days having nearly expired Since Our Arrival at this place, and none of the Cheifs [Chiefs] or head men of the Nation having Yet Arrived and no certain Information received from them, as to the course they intend pursuing towards us. we would be glad to be informed of of [of] Your Views on this subject and what


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method will be resorted to by You for the purpose of effecting a Meeting

We have the Honor to be
Respectfully your Obt. Servts [Obedient Servants]
[Signed] James Blair
[Signed] Thomas Glascock

To which the following reply was Received
(To Wit)

Cherokee Agency
18th Jany [January] 1823
Messrs. [Misters] Blair & Glascock,
Gentlemen,
We have had the Honor of Receiving your note of this day requesting to be informed of Our Views upon the subject of effecting a meeting of the Cheifs [Chiefs] of the Cherokee Nation. We witness with regret the seeming reluctance manifested by the Nation at a convention
This regret would be hightened [heightened] if we believed that the reluctance was Real. In Order however to give impulse to the movements of the Cheifs [Chiefs] we deem it expedient to address them a Circular


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[document folded] shall bear date on Monday morning next and to communicate it to them with all convenient expedition. That this Arrangement may be attended with the Greater efficacy. we submit it to your consideration whether you will unite with us in the address. We are particularly solicitous to bring our negotiations to a Speedy termination. Yet by urgency we must not endanger success
If you approve the scheme of a circular and will signify it. we beg that you will depute a member of your Board to assist in its preperation [preparation] as soon as may suit your convenience. An early Attention to the Subject is the Moore [More] important as it may be necessary that several Copies of the address should be made out by the Secretaries

We renew to you the Assurances
of friendly Considerations and have the
Honor to be your Obt [Obedient] Servants
[Signed] James Meriwether
[Signed] Duncan G. Campbell



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The following Communication was Received from Colo. [Colonel] R J. Meigs (to Wit)

Cherokee Agency
18th Jany [January] 1823

Gentlemen,
The Secretary of War having [document damaged] his first letter to me on the Subject of the Commission under which You are Now Acting enjoined on me to use my best endeavors to produce a successfull [successful] result of the important business committed to You and in the prosecution of that business to correspond with You and to receive Your instructions on all points which may be connected with the Cherokees.
Your having expressed Your readiness to receive communications from me at any time relating to negotiation with those people. I will proceed to make some Observations in the present stage of that business it appears that You have some dificulties [difficulties] to surmount arising from the ignorance of those people or from improper feelings towards our Government
Every thing on the part of the General Government the State of Georgia and on the part of the Commissioners conformably to Your


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instructions has been done in language & Manner kind and Conciliatory adapted to their State and condition and I am sorry to find they seem hitherto incapable of appreciating as they ought And considerable expense has already been incured [incurred]
I am willing to make as much allowance for their ignorance of propriety as possible. but this business is too plainly their duty to be misapprehended by them
I have always thought that it can never be suffered for them to put their Veto. on measures advised and requested by the Supreme Executive calculated for their benefit indeed calculated to save them from extinction they call the President their father; but refuse to take his advice in matters of the highest importance to their interest. as the very friendly invertation [invitation] in the customary mode to bring these people to meet the commissioners has been disregarded it would seem expedient that some other measures be adapted to induce to induce [to induce] them to meet Your


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Joint Mission they can find no excuse for refusing to convene. they ought to consider well what may probably be the consequence of their cavalierly rejecting of complying with the advice of their father the President there is no merit in their calling him father when they at the same time turn their backs on his advice and refuse to take his delagates [delegates] by the hand; but I do not despair of Yet having their unfounded prejudices removed
There has [unclear text: noting [nothing] ] Occured [Occurred] to me that promises so much as to address the Head Cheifs [Chiefs] seperately [separately] from the [unclear text: Mass ] and sending a Circular address to the whole people. signed by your Joint Mission they cannot find any colour [color] of excuse from meeting the State Commissioners those affairs in the hands of the State Commissioners are of upwards of forty years standing and have heretofore been recognized and acknowledged by the parties respectively and they have no admissible excuse for further procrastination. And a refusal to meet the United States Commissioners amounts to at least a negative if not a positive gross


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insult such a One as no civilized power in Europe would do to Ministers of the United States

I have the honor to be
Your Obedient Servant
[Signed] Return J. Meigs The Honorable Duncan G. Campbell James Merewether Thomas Glascock James Blair Commissrs. [Commissioners]

The Board then Adjorned [Adjourned] till 10 O Clock to Morrow Morning

Sunday Morning
19th of January 1823

The Board met pursuant to adjornment [adjournment]
On Motion Ordered that the following note to be handed to the United States Commissioners in reply to their note of yesterday Viz [Videlicet] )

Cherokee Agency
19th of January 1823
Messrs [Misters] Campbell & Merewether
Gentlemen,
Yours bearing date of the 18th Instant in reply to Ours of the same date


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was handed us last evening by your Secretary Mr. Hay. Appraising us of the course intended to be pursued by you to effect if practicable an Assemblage of the Cheifs [Chiefs] of the Cherokee Nation at this place. We take a pleasure in saying to you that we highly approbate the course prescribed; and will most cherfully [cheerfully] Unite with you in any address to them calculated to effect so desirable are Object. Col. James Blair is deputed to aid in the preperation [preparation] of the Circular necessary to be forwarded and Our Secretary Majr [Major] Triplett will assist yours in making out the requesite [requisite] Number of Copies

We have the honor to be With
Great respect your Obt Servts [Obedient Servants]
[Signed] James Blair
[Signed] Thomas Glascock
Messrs Campbell & Merewether

The board then adjorned [adjourned] to meet at 10 O clock to Morrow Morning



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Monday Morning
20th of January 1823

The board met pursuant to adjornment [adjournment] when Colo [Colonel] James Blair reported that the Circular intended to be addressd [addressed] to the Cheifs [Chiefs] Headmen and Warriors of the Cherokee Nation was prepared & ready for Our signatures which was produced & signed and of which the following is a Copy (Viz [Videlicet] )

Cherokee Agency
20th Jany [January] 1823

To the Cheifs [Chiefs] Headmen& Warriors
Of the Cherokee Nation
Friends and Brothers,
You have been informed some time since that Commissioners had been Appointed for the purpose of meeting you at this place on the fifteenth day of this Month. We the undersigned met according to appointment and have been in waiting for five days. Two of us derive our authority from our father the President of the United States [added text: & ] the other two from the Governor of the State of Georgia. We all have been Commissioned and sent here for the performance of important


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duties. It is the custom of many Nations to transact their business by Agents. This is the case with the United States; and State of Georgia. We understand that Your Custom is different and that when any publick [public] matter is presented to you. that you consider it necessary that your convention should be general. We assembled at this place therefore under the full expectation that we should be met in a punctual and friendly Manner by at least a Majority of the Cheifs [Chiefs] Headmen & Warriors of the Cherokee Nation. The reasons of your declining to meet are in part known to us. In any light in which we can view these reasons we consider them insufficient. All nations which are at peace with each other find it necessary and of advantage to regulate their intercourse by treaties or Compacts to which both are parties. If it were not for this such intercourse could not long exist neither could peace be preserved. We know of no instance of Powers at peace with each other refusing to meet for the purpose of treating; The United States and the Cherokee Nation are at peace and they acknowledge


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the same father the President. It becomes the duty and it ought to be the pleasure of all the children of this common father. to conform to his wishes And to Obey his commands his wishes and his commands will both be set aside and treated with contempt by a perseverance in the course which has been adopted by the Nation. Friends and Brothers you say you will not meet the Commissioners because You have no land to spare and will not sell one foot mo [deleted text: o ] re. How is it known to you that this is the object of Our Mission and that we came for nothing else. We assure you that other Matters are intrusted to our charge and that we cannot consent for them to be defeated by your failure to meet us. As respects Ourselves we have no particular interest in what we have to lay before you, but acting under the authority of higher powers we must not leave here without seeing you and doing something definite and final meeting us is one thing and entering into a treaty with us is an other [another] . To meet us we consider an absolute


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duty and to make a treaty will depend upon after considerations when you have heard what we we [we] have to say. We have to give an account of Our Actings and doings to our father the president. He would be hurt and would have a right to think very strange of the conduct of his Children if he were told that they Would not meet and give to each other the right hand of friendship when he requested them to do so and had made every provision for their support and Comfort. This must not be the case -- It is true we are anxious to proceed Quickly and close the business which we were sent to do. But our convenience is not to be attended to ourselves. We are in the Service of the United States and State of Georgia & we must attend to their requests and rights to prevent the mischeif [mischief] which might follow neglect. Friends and Brothers we rejoice in Your prosperity & happiness and Acting in the name of our father we should be far from insisting on measures which would weaken our friendship or lessen your means of enjoyment and Comfort.


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We are Assembled at this Agency where every thing is in readiness to receive you. We shall remain here Under the full expectation of a General convention with as little delay as possible
In behalf of the President Our father we assure you of his desire for your welfare and as individuals acting as his Agents we join him most heartily in his good wishes

With sentiments of esteem and
Respect We are Your
Friends and Brothers
[Signed] Duncan G. Campbell
[Signed] James Merewether U. S. C. [United States Commissioners] Thomas Glascock James Blair [unclear text: S.C. ]

Three expresses were then procured and Copies of the above circular forwarded to the cheifs [chiefs] of the principal Towns of the Nation
An interview was then had with the U. States Commissioners. After which


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it was ordered that the following private letter from Colo [Colonel] James Blair to Alexander Sanders an influencial [influential] half breed of the Nation should be forwarded to him by one of the Expresses (To Wit)

Cherokee Agency
20th of January 1823
Mr. Alexander Sanders
Sir,
A convention of the Cheifs [Chiefs] Headmen and Warriors of Your Nation has been called by your father the President, and commissioners have been appointed by him to meet you. Thus far but few have attended, and we are well aware of the means which has been used to defeat a Meeting. The Commissioners have no idea of breaking up without Seeing the Nation. The nature of their business and instructions will not admit of it. This leads me to conclude that a Meeting will take place at all events; knowing your influence and Knowledge in the affairs of the Nation. I wish you to be present It is known to you that I am well acquainted with the manner in which things have been conducted


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on former occasions; and who have been applied to and been most favored. This is forwarded by a safe hand and I hope upon reflection that you will consider it due to your nation and to the United States to attend the Meeting as soon as possible. I assure you that such attendance on your part will be of no disadvantage to yourself. as nothing is intended to be proposed which can be considered unreasonable or unjust. The commissioners have sent circulars into your Nation which you will have an opportunity of seeing

With Sentiments of respect
I am your friend and Brother Alexander Sanders
[Signed] James Blair

The following is a letter addressd. [addressed] to Mr Charles R Hicks

Cherokee Agency
20th January 1823

Sir,
You will perceive by the accompanyin [accompanying] circular addressd [addressed] to the Cheifs [Chiefs] Headmen and Warriors of the Cherokee Nation that we have invited them


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to a conference at this place. It is needless to recapitilate [recapitulate] the Substance of that address as it will be submitted to you among others. The President of the United States would not have directed us to meet your people but for the purpose of confering [conferring] on matters highly interesting to them and to us. You Sir we doubt feel it your duty to promote to the extent of your Power the happiness and wellfare [welfare] of our Negociations [Negotiations] to convince you that the same feeling has its influence Upon us
We regret to hear that your situation will probably prevent your attendance and would suggest that if you feel solicitous for a personal interview and have any thing to say to us on the subject a [unclear text: deputation ] from our Mission would take the trouble of riding to your house to confer with you on matters committed to our management, the more especially as we think we Could convince you of the propriety of listening to our propositions. We will esteem directions as will enable him to proceed to the Creek path towns. During his absence we shall be entirely at


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leisure and if you will signify your views upon the subject of our communication we shall thank you. The present suspension of our proceedings will also put it in our power to make you the visit suggested in the event of our being informed that such visit would be Acceptable

With Sentiments of Esteem
Your Obt Servts [Obedient Servants]
[Signed] Duncan G Campbell
[Signed] James Merewether
[Signed] James Blair
[Signed] Thomas Glascock

The Board then adjorned [adjourned] to 10 O Clock to Morrow morning

[deleted text: [unclear text: Sunday ] ]
Tuesday [deleted text: Sunday ]
21 st January 1823

The Board met Pursuant to adjornment [adjournment] and the following letter was then addressed to his Excellency John Clark (To Wit)


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Cherokee Agency
21st Jany [January] 1823
To His Excellency
John Clark
Sir,
Well knowing the great [deleted text: [unclear text: anxiety ] ] interest you feel in the success of our Mission determines us to address you with the view of communicating our proceedings up to this date together with the prospects before us.
We Arrived here on the fifteenth instant and found as we anticipated & apprehended none of the Cheifs [Chiefs] or headmen of the nation assembled. We concluded however (will knowing the slowness of their movements) to wait with patience a few days with the expectation that we should have some of them to meet us or at least that we would be informed through some one of their agents before the present time of their intended views towards us. In these expectations we have some what to our surprise & and mortification been disappointed not one of them having yet arrived and not a Syllable having yet been


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been received from them. We therefore concluded on Yesterday that a larger delay was unnecessary and determined to unite with the United States commissioners in a joint and spirited address to the headmen and Cheifs [Chiefs] of the Nation urging the important necessity of their immediately assembling at this place as required to do by their father the President of the Untied States in Order that they may be informed of our motives and to listen to what we have to say to them. This address has been prapared [prepared] and Copies forwarded by express to the Head men [deleted text: [illegible text] ] of the principal Towns. And we have now to wait their reply. A copy of this address is herewith inclosed [enclosed] for Your inspection
We take a pleasure in saying to you that we find the Agent Colo [Colonel] R. J. Meigs; extremely polite and friendly to our views and should an assemblage of the cheifs [chiefs] be effected we have every reason to believe he will be of considerable service in the promotion of the Object Contemplated by Our Mission.


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We must now be permitted to say to you that notwithstanding the present gloomy aspects of success we do not entirely despair but hope the friendly exertions of the United States commissioners united with our Own will yet enable us to effect something beneficial to the interest of Georgia
We shall avail ourselves of every favorable Opportunity to communicate to you any important or interesting matter that may transpire while we remain at this place

We have the honor to be with
respect and Esteem your Obt Servts [Obedient Servants]
[Signed] Thomas Glascock
[Signed] James Blair His Excellency John Clark

The board then adjorned [adjourned] to 10 O Clock to Morrow morning

Wednesday
22 January 1823

The board met pursuant to adjornment [adjournment] . It was then Ordered that a list of the Claims of the Citizens of Georgia Against the Cherokee Nation of Indians be made


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out for the purpose of presenting them in the event of a meeting. The claims were then Made out in part. The board then adjorned [adjourned] to 10 O Clock to Morrow morning

Thursday
23rd of January 1823

The board met pursuant to adjornment [adjournment] and proceeded in making out the additional claims
The Board then Acquired to 10 O Clock to Morrow morning

Friday
24th of January 1823

The Board met pursuant to adjornment [adjournment] and Adjorned [Adjourned] to 10 O Clock to Morrow morning

Saturday
25th of January 1823

The board met pursuant to adjornment [adjournment] The board adjorned [adjourned] to 10 O Clock to Morrow morning



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Sunday
26th of January 1823

The board met pursuant to adjornment [adjournment] and adjorned [adjourned] to 10 O Clock to Morrow morning

Monday
27th of January 1823

The board met pursuant to adjornment [adjournment] when Capt. Isaac Gray attended with additional claims which was examined and added to the Original list. The following letter was received from George Sanders (to Wit)
Talonie

January 23rd 1823
To Duncan G Campbell Esq.
and Others commissioners of the United States
And State of Georgia
Friends and Brothers,
Your friendly talk came to me yesterday. I have read it to as many of my people as I have seen and I can only reply that business of this kind does not belong to me.


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We have headmen who call our nation together when they have any thing for them to do; should they request doubtless our people might be collected

Your Friend and Brother
[Signed] George Sanders

The Board then adjorned [adjourned] to 10 O Clock to Morrow morning

Tuesday
28th of January 1823

The board met pursuant to adjornment [adjournment] and Adjorned [Adjourned] to 10 O Clock to Morrow morning.

Wednesday
29th of January 1823

The board met pursuant to adjornment [adjournment] . When the following letter was addressd [addressed] to His Excellency John Clark (to Wit)

Cherokee Agency
Wednesday 29th of January 1823
Dear Sir,
It becomes our painful duty to apprise you of the death of Colo [Colonel] R. J. Meigs the Agent


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Of this Nation who expired on Yesterday morning at 8 O Clock after an illness of Eight days. what effect this unfortunate occurance [occurrence] is to have upon our Mission is yet to be determined. It is to be apprehended however that it will at least furnish a pretext to the Cheifs [Chiefs] for tardy movements; tho [though] should such a pretext be offered or attempted by them every exertion shall be used on Our part to counteract it as far as practicable. it is a source of much regret to us that none of the headmen of the Nation have yet assembled but we have reasons to believe from information received since our address reached them that they have held a council and selected several of their principal Men to meet us in a few days in the event of their doing so we still anticipate the pleasure of effecting the Objects contemplated by our respective Missions. The most prompt and decisive measures will be resorted to should they not meet us in the course of this week

We have the honor to be with Sentiments
of Respect Your Obt. Servts [Obedient Servants]
[Signed] Thomas Glascock
[Signed] James Blair His Excellency John Clark



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Thursday
31st January 1823

The board met pursuant to adjornment [adjournment] and adjorned [adjourned] to 10 O clock tomorrow morning.

Saturday
1st February 1823

The Board met pursuant to adjornment [adjournment] and no business presenting itself the board adjorned [adjourned] to 10 O Clock to Morrow Morning

Sunday
2nd February 1823

The board met pursuant to adjornment [adjournment] and no business presenting itself the board adjorned [adjourned] to 10 O Clock to Morrow Morning


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Monday
3rd of Frebruary [February] 1823

The board met pursuant to adjornment [adjournment] and no business presenting itself the board adjorned [adjourned] to 10 O Clock to Morrow [tomorrow] Morning

Tuesday
4th of Feby [February] 1823

The board met pursuant to adjornment [adjournment] when the following letter was received from Maj. [Major] Ridge (to Wit)

At the Residence of the Speaker of Council of the Cherokee Nation Coosawattee Destrict [District]
January 26th 1823
Gentlemen Commissioners
Friends and Brothers,
This morning I have heard your letter superscribed to me and the Cheifs [Chiefs] of the Cherokee Nation in General there is no doubt existing in my mind that you are Commissioned by the President of the United States to treat. But the Resolution of the Members of the Cherokee Government will not admit of a visit to you


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at the Agency and my appearance must not be expected; you remark that you will remain in the full expectation of a general convention with as little delay as possible is implicit in the extreme And the situation of the Cheifs [Chiefs] is such that however disposed they may be to meet. It is not within their reach to perform it. And such a measure without the consent of the National Committee and a majority of the Council would be an insult to the Respectability of Our cheifs [chiefs] and a violation of the honor of Our Government which ought to be Respected by its Citizens. Any visit you may receive from individuals without the consent of the acknowledged power of this nation would be contrary to the resolution adopted and any contract or proceedings with them of a publick [public] nature would bear the stamp of illegality and altogether null and void! Friends and Brothers we are it is true at peace with you and we consider the General Government as the guardian of our people and we all feel disposed and are disposed to


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hold friendly intercourse with its Citizens. At the stated general Assembly of the Cherokee Nation at newtown last fall would have been the proper place of Your appearance and after having introduced Yourselves as commissioners you would have then been received and treated with respect. The people of the Cherokee nation are disposed to pertuate [perpetuate] friendship with the United States of which many clear and substantial manifestations have been exhibited to the world and christian publick [public] by their endeavors to cultivate the arts of civilization and granting their posterity the benefits of education. It is well known that we are far from being disposed to give vent to infatuated pride nor can our language be construed as reproachfull [reproachful] to our friends the whites. But the voice of reason and Justice must be regarded as sacred in every Quarter of the globe. Without which virtue and all cardinal beauties of human nature and the general interests of the universe would sink into oblivion. Permit me Gentlemen to enquire [inquire] of You. Whether there was an Embassador


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to any nation known or heard of in the history of nations as nominating a place of meeting for the purpose of treating to the nation to which he was sent. Is there an instance of an embassador [ambassador] of a plenipotentiary of the United States to the courts of Britain or France presuming to treat or deliver his mission on the frontier of their kingdoms by his own appointment et vice versa the Gentlemen Commissioners will please to Accept of my regard and respect and let them ever remember my disposition to live in amity with all Gentlemen of the United States

Yours Respectfully
[Signed] Major Ridge To Gentlemen Commissioners of the State of Georgia Duncan Campbell James Merewether Thomas Glascock James Blair

The following letter was then addressed to the United States Commissioners
(Viz [Videlicet] )



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Cherokee Agency
4th of February 1823
Gentlemen
Our several expresses having returned and it appearing that the Cheifs [Chiefs] of the Nation still evince the most determined hostility to a meeting and have resolved to evade it if practicable. We would be glad therefore to be apprised of your intended views and will barely suggest the propriety of our Uniting in such prompt and decisive measures as will bring the business with which we are respectively intrusted to a speedy & final termination. We will be glad of an interview with you at any time in the course of the day that will best suit your convenience

We have the honor to be
with respect and Esteem
Your Obedient Servts. [Servants]
[Signed] Thomas Glascock
[Signed] James Blair Messrs. [Misters] Campbell & Merewether U. S. Commissioners

To which the following is an Answer to Wit

Cherokee Agency
4th Feby [February] 1823

Gentlemen,
Your secretary has handed us Your


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Note of this day requesting to be informed of "our intended views since the return of Our expresses. The [unclear text: messenge ] who was charged with the delivery of our Circular to [unclear text: Mr. ] Charles R Hicks Major Ridge and Others the most leading Cheifs [Chiefs] of the Nation did not return untill [until] last night the information derived to us by this effort is principally of a negative character and not much calculated to advance the important objects of our mission. We consider it necessary and proper that further measures should be taken with caution and deliberation. To this end we should have invited you to associate with us in a free discussion even though the course had not been suggested by Yourselves. While we are disposed to proceed with as little delay as possible we wish not to expose Ourselves to the imputation of precipitancy. We wish you to Join us immediately in Consultation. hoping for the most favorable result of our Joint deliberations

We have the honor to be Your
Obt. Servts. [Obedient Servants]
[Signed] Duncan G Campbell
[Signed] James Merewether Messrs. [Misters] Glascock & Blair State Commissioners



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The board then adjorned [adjourned] to 10 O Clock to Morrow morning

Wednesday
5th of February 1823

The board met pursuant to adjornment [adjournment] . When after an interview with the Commissioners on part of the United States it was resolved that Colo [Colonel] James Blair should Join Colo. [Colonel] Campbell for the purpose of proceeding immediately to Mr Charles R Hicks: (an influential Cheif [Chief] of the Nation) and lay before him the business with which we are respectively intrusted. to obtain a revocation of their Orders in Council, and to effect a meeting if practicable with the least possible delay and to make such other arrangements as they may in their Judgment believe beneficial to our missions The board then adjorned [adjourned] untill [until] the return of the deputation

Sunday morning
9th February 1823

The board met pursuant to adjornment [adjournment] . Colo. [Colonel] James Blair having returned [deleted text: that the ]


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reported that the deputation appointed had waited on Mr. Charles R Hicks and had a personal interview with him and in a joint written address to him had fully made known the business with which they were respectively entrusted and tendered a copy of the same which is as follows

[unclear text: Fortville ]
5th of February 1823

Sir,
After forwarding to You our Communication of the 20th Ultimo accompanied by a circular address to the cheifs [chiefs] Headmen and Warriors of the Cherokee Nation. We waited at the Agency untill [until] yesterday to receive such information as might be returned by our several messengers. No answer having been received except from Major Ridge and George Sanders Esq [Esquire] we came to the determination of making you a visit in person for the purpose of having a free conversation upon the subject of Our respective missions. On our way this morning we met Your favor dated some time since but detained untill [until] now waiting the arrival of the Path Killer the personal interview which we


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have had with you in presence of some of your men of distinction is such as we had anticipated knowing the high character which you sustain for discernment and love of the Nation to which you belong In that interview we took occasion to State the business upon which we were sent hither. We beg leave to repeat the same in writing and to make a few additional suggestions in the full hope that we may yet come to a perfect and satisfactory understanding. It had long been known to You that it was the object of the United States to hold a treaty with the Cherokee Nation The President appointed commissioners for that purpose who according to establish usage nominated the time and place of meeting. From the facts with which we have been furnished we find that the convention has been prevented by the resolutions of Your council; passd [passed] last fall we are constrained to regard these resolutions as premature and inconsistant [inconsistent] with the relations which exist between this nation and the general government. Common courtecy [courtesy] and mutual interest have, always secured oppertunities [opportunities] of negociations [negotiations] until now. The resolutions of council contain an absolute


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bar to a meeting if a cession of territory is requested we should be wanting in candor if we were to say that we are not instructed to treat for a cession of Territory if the Nation should be disposed to make one but at the same time we aver that other objects are intrusted to our charge. We are accompanied by commissioners from the State of Georgia with whoom [whom] we are directed to cooperate in obtaining an adjustment of claims of long standing in favor of Citizens of that State against this Nation. Those claims we say are recognized in the Several treaties of Augusta Hopewell Holston and Philadelphia. but it is alledged [alleged] on the other hand that the treaty of Tellico in
Ninety Eight contained a clause of amnesty by which all these claims become extinguished we construe that treaty differently and the very fact of difference can be settled only by a meeting of the parties (to Wit) the United States and Cherokee nation We add further that the general government exercises sovereignty over all the territory within her limits and that to her States she has presented


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boundaries. The limits of Georgia are defined and the United States have bound themselves to extinguish the possessory title of the Indians as soon as they can upon peaceable and reasonable terms. We propose to carry this agreement in part into effect. We ask you to meet us and hear our propositions. If they are not peaceable and reasonable it will be with you to reject them. We are convinced that you will not as far distrust your own powers of negotiations as to refuse to meet for fear of being over reached or defrauded. We take the liberty of suggesting the propriety of the following course. That the council be convened by Order or at the request of the Cheifs [Chiefs] to take into consideration the expediency of repealing the resolutions of
October 1822 That said resolutions be repealed and that the Nation be left free to meet to negotiate and to conclude treaties if they think proper such a course will comfort with the advancing respectability of this Nation and with its connections with the general Government. In the event of a repeal of the resolution. These we further suggest that a further meeting of our board of commissioners


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can take place on any day between the
first of May and
twentieth of June the time cannot be objectionable on the ground of inclemency. The place yet remains to be fixed. Objections are made to the Agency and New town is suggested. We object to newtown because it does not furnish sufficient accommodations because we have already made a contract for provisions and they will require to be transported over bad if not impossible roads at the expence [expense] of the Government. We propose a compromise and Assure you our willingness to meet at Talonie. This place is not far from the center of your population and combines more conveniences than any other point
Thus Sir we have submitted our views and suggested a course which we feel to be Just and reasonable & becoming we have endeavored to do it in terms respectful and conciliatory. If we are met in the like spirit there can be no danger that the harmony which prevails between the President and his Children will be disturbed We are aware that we cannot receive from


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You a full and final answer to the several propositions herein contained. But we are particularly desirous to have an expression of your opinion as to the probable course which the cheifs [chiefs] and council will adopt. You intimated a wish in our conversation to see Mr Taylor. We shall be glad that you will consult him and any others within your reach and return us an answer at Mr Williams's, where we shall remain untill [until] sunday Morning. We beg that you will excuse us for the trouble which we give you.
The time which we have already exhausted puts it out of our power again to address the Nation at large and from the failure of Our last circular it seems that such a course would be unavailing. It is for these reasons that we submit our considerations first to you and through you to the Nation

We tender to you our Assurance of
friendship and Esteem as brothers & Are yours
[Signed] Duncan G. Campbell
[Signed] James Merewether
[Signed] James Blair Chs. [Charles] R. Hicks



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To which the following is a reply (to wit)

Fortville
6th of February 1823

Sir,
Your Communication of this date having been handed by your secretary on leaving this place in which you request to have the repeal of the Resolution of the Council of
October 1822 and a desire for the nation to meet you at Tallonie the
first of May or
20th of June next on which I will observe that the resolution of the council above stated cannot be removed without the sanction of the committee and Council without the sanction of the committee and Council when in convention. Nor is it in the Power of the head cheifs [chiefs] to remove the council place which have been chosen by the Nation for their convention at Newtown

I am sir with great Respect
Your friend and Brother
[Signed] Charles. R. Hicks To the Honbl Commiss [Honorable Commissioners] Duncan G. Campbell James Merewether James Blair



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Col. Blair further reported that on their way to Hicks's the following address was received from him in reply to our joint circular bearing date the
20th January last (to Wit)

Fortville
25th January 1823

Sir,
having been honored by your communication of the 20th of this Instant which were accompanied by the circular address to the Head Men and Warriors of this Nation to hold a meeting with you at the Cherokee agency the appointment which have been [unclear text: refered [referred] ] to no doubt flows from the President of the United States which have been solicited by the State of Georgia for the Object of holding a treaty of cession of lands of this Nation, but they know by past experience that it was their highest interest to retain what little country that still remains to them and for their rising generation and will assure you Sir there is no stranger that can take more warmer interest than I do to promote the welfare and happiness of my countrymen and brethren and could our views and feelings be reciprocated in


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this respect to promote the interest of Our fellow beings it would be a source of much gratification to a feeling heart. Yet I apprehend there would be very wide difference when our minds were unfolded to each other when Cession of lands were in Question
There would be no objection to become acquainted with the Honorable Commissioners as friends and brothers. but on no views whatever for the object of convincing me the propriety of listening to the proposition on Matters which have been put into Your charge. For there is no sum of money that would be offered for any portion of our country that will be considered to be equal to the Value of the increase and Yearly product [added text: for ] the support & comfort of life but the money is soon gone but the lands still remain yealding [yielding] its increase to the Owner
The circular of invitation which has been circulated throughout the Nation the nature of that address has been well understood and their non attendance will shew [show] that they had no disposition


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to dispose of lands who had already declared that they had no more to part with and in whatever light the honorable commissioners may view the present disposition of the Cherokee Nation they have made them known to the general Government as well as to the State of Georgia ever since the beginning of last year
having detained this communication expecting the arrival of the Pathkiller but believe he will not come. I understand that our venerable agent departed this life on the 28th of this Month he is gone to the abodes of departed spirits to receive the reward of his integrity

With Great respect I remain
your friend and Brother
[Signed] Chs. [Charles] R. Hicks To the Honbl Commiss. [Honorable Commissioners] of the United States & State of Georgia Duncan G. Campbell James Merewether Thomas Glascock James Blair



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Tuesday morning
10th Feby 1823

The board met pursuant to adjornment [adjournment] and was informed by the United States commissioners through their Secretary Mr Hay that they would adjorn [adjourn] on to morrow morning to meet again on the
9th day of August next at Talonie
A letter was then addressed and forwarded to His Excellency the Governor of which the following is a Copy

Cherokee Agency
10th Feby 1823
Dear Sir,
It is with no little degree of regreat [regret] we now communicate to you our [unclear text: intire [entire] ] failure in effecting a treaty at this time. Every exertion on our part united with the strenuous and active exertions of the United States commissioners have proved unavailing and a meeting of the cheifs [chiefs] cannot now be effected. Many difficulties have presented themselves since our arrival here and seem to operate at least as temporary barriers to a Negotiation at this time. the most formidable of which is their orders in council passed at Newtown


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on the
23rd day of October last at which time & place it was unanimously resolved that no additional territory would be disposed of and that a meeting for that purpose would not be acquiesced in One of our particular objects therefore on our arrival here was to effect if possible a revocation of these orders. We have recently learned however from two of the leading men of the Nation (Ridge and Hicks) that this cannot be done unless by a general convention of the National Committee and Council and that on their assemblage they would feel it their duty to convene the whole Nation These Statements may be made as mere pretexts to prevent their meeting. Be this as it may it is evident from numerous causes, that they have determined not to meet us at this time & place Upon a full and satisfactory ascertainment of this fact we have determined after mature deliberation that it would be proper to fix upon some subsequent period and some other place contiguous to Georgia and demand of them a punctual


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attendance. This will enable them (if they think proper) to convoke the whole nation and to repeal their rash and intemperate orders in council which they seem to dwell so much upon and think act as a preventative to their conveining [convening] in any short time. A spirited address is already prepared by the Commissioners on the part of the United States to the Cheifs [Chiefs] of the Nation apprising [aprising] them of the time when and the place where they again intend meeting and insisting [added text: that ] it is a duty which they owe the general Government as well as their own Nation to attend and the consequences that [deleted text: they ] may result in the event of a failure. This address will be immediately forwarded and we have every reason to believe it will have the desired effect.
Relative to the demands which our Citizens have against this Nation of Indians some of the Cheifs [Chiefs] have taken up an idea that a treaty at Tellico in
1778 completely absolves them from all obligations they were under to the State of Georgia by any previous treaties. These impressions have been


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made upon their minds by some disigning [designing] Men from an erroneous if not a wilfull [wilful] misconstruction of the 9th article of that treaty. It is to be apprehended there will be some little difficulty in removing these impressions tho [though] we confidently hope it can be done and our claims established and adjusted in a general convention as but a few of the Cheifs [Chiefs] have any knowledge of the treaty at Augusta. The time fixed upon for the meeting is on the
9th day of August next Tallonie immediately on the federal road and district about fifty Miles from chatahoochie -- We cannot conclude without assuring you that we feel a Concientious [Conscientious] pride that every exertion has been used by us to effect at this time the important and desirable objects with which we were intrusted and none can regret more than ourselves the failure we have met with. We conceive however or at least fondly hope that we have in Unison with the United States commissioners prescribed and marked out the course that will ultimately unsure success -- A copy of our proceedings


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will be forwarded you immediately on our return by which you will discover the course we have pursued since our Arrival here which we hope will be approbated by yourself

We have the honor to be your
Obedient Servant
[Signed] Thomas Glascock
[Signed] James Blair N.B. [Nota Bene] A copy of the address has been politely furnished us by the commissioners on the part of the United States and is herewith enclosed for your perusal.

The Board then adjorned [adjourned] to 8 OClock to Morrow morning

The board met pursuant to adjornment [adjournment] and after a full examination of the Journal. Adjorned [Adjourned] to meet at Tallonie on the
9th day of August next.