To the National Committee and Council In National Council Convened. Friends & Fellow Citizens- By the free suffrage of the People we have been called to the station we respectively occupy – And in pursuance of the Provision of the Constitution, you have now met to legislate upon the affairs of the Nation – And in submitting for your consideration subjects which in my opinion requires your action. – I shall be ready to give my attention to any other measure, which, in your wisdom, you may deem proper to adopt for the welfare and happiness of our Constituents – And there being no constitutional objections in the way, I shall be most happy in giving them my sanction - . During the late general election, which took place in the several Districts of the Nation, there has been no occurrence of any serious difficulty at any of the precincts, between individuals, differing in opinion, as regards the several Candidates – But, I am sorry to say, that in Saline District on the day after the election, when the managers had met at the place of holding Court for the purpose of issuing certificates to the members elect, and also for making the returns required by law. Messrs David Vann, E. Hicks and Isaac Bushyhead were most wantonly attacked by a band of desperate men, who had as it would seem on the night before formed a conspiracy to commit outrage upon their persons and to destroy the record of voted polled at the election. In this assault Mr. Bushyhead was most brutally murdered – and Mr. Vann was so seriously injured, that his life for a time had been despaired of – Mr. Hicks fortunately escaped unhurt – (and) the registry of votes polled, which Mr. Vann had in his possession has was either been destroyed or taken off by the offenders – The persons charged with this diabolical act are Jacob West, his sons John, George & Ellis West – a white man named John C. Work, and Mathew Thompson. Jacob & John West have been arrested and are now on trial before a special court in Salina District. John C. Work has also been taken by the Deputy Marshal for Arkansas and is confined in jail in that state to await his trial before the United States Court at Little Rock, he being a citizen of the United States – The others have not, as yet, been apprehended although every effort by proclamation and other means has been resorted to for their arrest – But, in the face of the crime of which they are charged, it is reported that Citizens or Arkansas, as well as individuals of the Nations have harbored those men on both sides of the line – And from the strong disposition indicated by many to screen the offenders from justice, it became indispensably necessary to make the guard over the prisoners not only sufficiently able to prevent any attempt of their rescue, but, also to move as a check to the threatenings of the disaffected against the Govt and laws of the Nation – the only safeguard to the peace & welfare of the people. – Whilst the attention of the Executive was directed to measures for the preservation of order and the maintenance of the laws, - Other atrocious Acts of murder and robbery, have been perpetrated in Flint District, and on the military road between Forts Smith & Gibson – In Flint a white man named Kelley has been killed and robbed. And on the military road, Mr. and Mrs. Von and a traveler have been murdered, robbed and burnt up in their home – Upon receiving intelligence of this outrage Capt. John Benge, with great alacrity collected a force and went in pursuit of the murderers. And he traveled them into Flint district, where corroborating circumstances, supported by proof finally pointed out Thomas Starr. Bean Starr and Ellis Starr as being the perpetrators of the crime – And who These men finding themselves so closely pursued immediately fled across the line into the state of Arkansas for refuge – Warrants were them taken out before a justice of the peace in Washington County for their arrest, and placed in the hands of a Gen’l. Wood of the Militia – The attention of Mr. Duval the Acting U. S. Agent having on the occasion been called to the line, and his timely appearance on the frontier has been of great importance in the discharge of his duties in regard to the transactions there – In the course of the day after the warrants had been placed in the hands of Genl. Woods – the accused surrendered themselves up to him – but, the militia Genl refused to comply – and who then placed the prisoners in charge of a guard to be taken off to Fayetteville – After going a few miles on the rout, the prisoners left their guard and returned again into the Nation – Since this extraordinary occurrence large parties of our people in various directions have been searching for them, but thus far they have been unsuccessful. I have made a formal demand thro, the Acting Agent upon the authority of the U. States to apprehend and deliver over all fugitive Cherokees who may be found in the States, in order that they may be brought to justice – Also, to break up such councils or assemblages as had been intimated would be held on the boundary within the state of Arkansas by John Rogers, James Starr In Bell and other reckless individuals, for the purpose as has been stated to concoct measures against the best interests of our Common Country. And it affords me great pleasure to inform you that Brigt. Genl. Z. Taylor, Commanding the U. S. Army on this frontier has, assured me of his friendly disposition to sustain our Govt. and laws with all the means in his power. It is to be sincerely hoped that the Constituted Authorities of Arkansas and the food Citizens thereof will be equally prompt in cooperating with us in ferreting out and bringing offenders to justice, within our respective limits – For as the past and present circumstances, clearly shows that there are bad people on both sides of the boundary line, and who there is every reason to fear (they) are associated in committing outrage upon the peace and quiet of the inhabitants of the frontier. – And if their conduct shall not be rigidly scrutinized, and their full purposes put down, further acts of outrage and disorders must inevitably ensue – The very fact of the Wests and the Starrs crossing the line and taking refuge in Arkansas, to escape the penalty of the law, for the crime with which they are publicly charged, and of being there harbored – in connection with the manners the Starrs had placed themselves under Genl. Wood and then of their escape from the guard in charge of them, looks not only strange, but, most exceedingly suspicious that some deep laid plot for mischief had been in understanding between base red and whitemen on the frontier - In my message of Nov last, you were informed of the failure of the Delegation to negotiate a New Treaty with the U. S. Govt upon the principles previously promised by President Tyler – Also – that the President had again opened the Delegation of his unaltered disposition, at a more propitious time to conclude such an arrangement. You were also advised that certain commissioners had been appointed on the part of the United States for the purpose of investigating Cherokee closing and that the U. States Agent Col Butler had been informed by letter dated the 21st Sept. 1842 from T.H. Crawford Esq. that each Commissioner would be directed immediately to adjudicate the claims first of the Cherokees residing in States East of the Mississippi river and who would them adjourn to renew their examinations in the Cherokee Country West – I regret to inform you that nothing official in regard to the said commissioners has since reached me – nor, has the extent of their powers or the character of their instructions ever been communicated to me – From this it will be perceived that our affairs with the U. States Govt. remain still open and unadjusted – It is of vital importance they should be brought to a speedy close, the wants & suffering condition of our injured citizens require that their just demands should be strongly pressed upon the early attention of the President and Congress, in order that justice may no longer be withheld from them – Apart from the pecuniary demands of the Nation both private and public, almost every days experience shows the propriety and necessity, for defining and establishing our National rights and relation with the United States Govt. and until this shall be done by treaty, it will be impossible for us in the exercise of jurisdiction to avoid an occasional collision with the authorities of the United States – The instrument which has been signed by individuals of our nation and Jno F. Schermerhorn as a commissioner on the part of the U. States at New Echota in 1835 and called Treaty having never been authorized by our Nation, Nor, has it since ever been acknowledged by the Cherokee people, as to make it legally binding upon the Nation – And with all, its stipulations being so full of ambiguity that, the differences of opinion in regard to this Construction has been productive of much dissatisfaction – These facts, however unpleasant, will compel us to continue and keep up the painful controversy with the authorities of the United States, until the subject in dispute shall be more satisfactorily arranged. The plea of policy and expediency which was strongly urged under President Jacksons’ administration for the ratification and enforcement of “the New Echota Treaty”, having been carried out and our Nation removed from our peaceful homes – our beloved country – at the point of the bayonet – and the Cherokee people submitting in peace to the superior power of the U. States – And in no instance having been forfeited – Nor in justice can they be withheld form us – And But this the plea which had thus - prompted – the Genl Govt to carry out this harsh measure for the aggrandizement of certain states, and by which our Nation have been wronged and seriously injured no longer exists – And in now approaching the U. S. Govt with our grievances we have only to desire that our wrongs should be redressed upon just principles and that our National rights should be secured upon honorable & liberal terms – To say that, because the Schermerhorn instrument has been ratified, and it being now a law of the land – or, that because the U. S. possess the physical power to compel the Cherokee people to submit to their will and pleasure, they will not agree to supersede that instrument by another, which will be more righteous and satisfactory to the Contracting Nations – would be, beneath the dignity of the United States – the idea therefore cannot for a moment be entertained that such grounds will be taken – we have had abundant examples of the magnanimity and justice of the people and Govt of the U. States – and knowing the principles upon which the Govt is based and that they Execution officers of the several Department are sometimes led astray from the path of justice by political influences, which for a time is seriously felt, yet, experience has shown to us that wrongs long suffered have often in the end been redressed. Let us therefore press the justice of our claims. And ere long we may find President Tyler prepared to meet his pledge to us. In pursuance of the Act passed at the last session, I had a conference with the chiefs of the Creek Nation and the various tribes were invited to meet us in Genl Council at Tahlequah on the day of June last – Delegations representing tribes attended accordingly – peace and friendship were renewed – harmony & good order prevailed throughout the whole council, which lasted about four weeks – During this Council we had the misfortune to loose by death, the Rev. Young Wolf, one of the members of the Executive Council – After the ancient Ceremonies of our Fathers in smoking the pipe of peace and of friendship, and establishing white paths from Tribe to Tribe, as emblematical of the attachment and free intercourse, in Brotherhood, were all over – A Covenant was entered into for the protection of rights and the redress of wrongs, whereby the peace and friendship established between us might never be disturbed, but forever preserved. Some of the Delegations deferred signing the compact until they returned to their respective Tribes and conferred with others of their leading men - under the promise of informing what the present Council of their final action on the subject – The document containing the articles of the convention is herewith submitted for your further information. In the of the report which the Superintendent of Schools will make to you, I have only to remark that such measures as you may deem expedient to adopt as an improvement to the present system ought to be as simple as can be devised for a successful operation. The great object should be to exert the means within our contract so as to diffuse learning & knowledge to the greatest extent possible thro out the land. I would further suggest for your consideration the importance of establishing two seminaries of higher order than the District Schools, in the vicinity of the seat of Government – one for the male and the other the female, where all the essential branches should be taught. – Deeming it expedient that a printing press should be established for the dissemination of useful information among our people, as well as to spread abroad a correct knowledge of the true state of our affairs and of passing events, in order that the rumors too often reported through the newspapers in the States by designing demagogues to the prejudice of the Tribes of Indians, might be disabused, I have thro the very kind & friendly aid and assistance of the Rev. James J. Greene, corresponding Secy of the American Board for foreign missions of Boston, purchased a printing press of a superior quality, with Types, both of English and Cherokee – also, a supply of paper and such other indispensable articles as are required and are now at my house – And should you agree with me in the opinion that a National Press ought to be established for the purpose of carrying out the views already advanced and that a weekly news paper shall be published – I will resign the whole purchase over to the Nation at the original cost and charges, and will lay before you the Bills and invoices of the same – In this event, it will in the first place require that a law be passed to establish such a Press – prescribing the principles upon which the paper shall be conducted so as to exclude all personal and scurrilous matter of a political character, from its columns – Also, of the duties, for the Government of the Editor and others who may by employed in conducting the business of the office. At a convenient time during the present session I will present before you a special communication on the subject of the Emigration business conducted under my superintendency agreeable to the arrangements made with the U. States through Major Genl. Winfield Scott – Tahlequah Ch. Nation Jno. Ross Executive Department October 3rd 1843.
[Transcribed by Danielle Culp., 2014-09-02]