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291 and Moses Daniel, Secrtry of National Council, purporting to be an answer to any communication to you of the 14th inst. After receiving this communication, I sent a verbal message to these gentlemen by the Hon: Wm H. Underwood requesting a personal interview with them. He called on the Principal Chief for that purpose who I understood declined the interview. It was my intention to have had a free & full conversation with them, on the subject of a Treaty, and satisfied them as to my authority, to act as a commissioner and to arrange with their Chiefs, the most acceptable manner of bringing our business before the people. Since this opportunity has not been afforded me, I take the liberty to address you again in reference to this communication.

 The independent State Government organized by the Cherokees within the territorial limits of the States of Georgia, No. Carolina, Tennessee & Alabama; under the constitution adopted by them, in 1827; and by which the Executive, and National Council & National Committee are constituted and, the persons now composing these Councils and Committee hold office has never been recognized by these states; as is evident by their evident by their extension of the laws over the Indians. Neither has it ever been recognized by the United States; but on the contrary, the Cherokees have been expressly informed, at the time of this organization by the late President of the United States the Hon: John L. Adams that this act of theirs was contrary to the constitution & laws of the United States; and therefore it could not be done. Moreover, it is believed a majority of those who composed the convention that formed the Cherokee constitution were citizens of the United States, as is evident from the accompanying document marked A. Some of the officers of this Cherokee Government, at present are persons who as citizens of the United States have been chosen & acted as magistrates, military officers, legislators within the States; & have exercised the election franchise within the last year. 
 The commissioners are therefore instructed as follows: 
 "As the application will be made to the Cherokee people assembled for that purpose, the Commissioners will not recognize any other authority. There can be no objection, however, to a free interchange of opinion, & to a conditional arrangement on all the disputed points between them & a committee fairly & publickly chosen, should the Cherokee think proper to commit the details, in the first instance, to such a Committee. But the final action upon the subject must be had by the people themselves in open Council; although the mode of authenticating