Cherokee phoenix. (New Echota [Ga.]) 1828-1829, February 21, 1828, Image 2
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ty of the Sheriffs to deliver the stinle
to the Executive Office; Provided ner-
urtiiekss, The General Council shall
have, power, after the election of 1828,
to regulate by law the precincts and
superintendents and clerks of elec
tions in the several Districts.
Sec. 7. All free Male citizens,
(excepting negroes, and descendants of
white and Indian men by negro women,
who may have been set free,) who shall
have attained to the age of eighteen
years, shall be equally entitled j,o vote
at all public elections.
Sec. 8. Each House of the General
Council shall Judge of the qualifica
tions, elections, and returns, of its own
members.
Sec. 9. Each House of the Gene
ral Council may determine the rules
of its proceedings, punish a member
for disorderly behaviour, and, with the
Concurrence of two thirds, expel a
member;but not a second time for
the same cause. .
Sec. 10. Each House of the Gen
eral Council, when assembled, shall
choose its own officers; a Majority of
each house shall constitute a quorum
to do business, but a smaller number
may adjourn from day to day, and com
pel the attendance of absent members
in such manner and under such penal
ty, as each house may prescribe.
Sec. 11. The members of the
Committee shall each receive from
\he public Treasury a compensation
for their services, which shall be two
dollars and fifty,cents per day during
their attendance at the General Coun-
and the members of the Council
8. c 4*o- jhtvey jo-r, set.'TF. jobaf -
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sjt*.* *P4dea ww'w* tcp<»«(ks *y.
cil;
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4of j[. 'Oft ■ •
Sec. 24. The Council shall
the sole power of impeaching.
have
»8>P“
Sec. 25. All impeachments shall
be tried by the Committee;—when
sitting for that purpose, the members
shall be upon oath or affirmation; and
no person shall be convicted without
the concurrence of tw o thirds of the
members present. \
Se«T ISw, The Principal Chief, as-,
sistant principal Chief, and all civil of
ficers, under this nation, shall be lia
ble to impeachment for any misdemea
nor in office; but Judgment, in supli
cases, shall not extend further than
removal from office, and disqualiiich”i ;
tion to hold any office of honor, trust
or profit, under this Nation. The
party, whether convicted or acquitted,
shall, nevertheless, be liable to indict
ment, trial, judgment and punishment,
according to law.
v , [to Bfe CONTINUED.]
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11.
shall each receive two dollars pet day,
for their services during their atteu
dance at the General Council:—Pro
aided, That the same^may be increas
-ed or diminished by law, but no altera
tion shall take effect during the period
of service of the members of the Gen
ci^d Council, by whom such altera
tion shall have been made.
Sec. 12. The General Council
shall regulate by law, by whom and
in what manner, writs of elections
shall be issued to fill the vacancies
which may happen in either branch
thereof. ; •
Sec. 13. Each member of the
General Council, before he takes his
seat, shall take the following oath, or
affirmation; to wit: “I, A. B. do so
lemly swear (or affirm a* the case may
be) that I have not obtained my elec
tion by Bribery, Treates, or any un
due and unlawful means used ,by him
self, or others by my desire or appro
bation, for that purpose; that I con
sider myself Constitutionally qualified
as a member of ; and
that, on all questions and measures
which may come before me, I will
so give my vote, and* so conduct my
self, as may, in my judgment, appear
most conducive to the interest and
prosperity Of this Nation; and that I
will bear true faith and allegiance to
the same, and to the utmost of my a-
bility and power observe) conform to,
support, and defend the Constitution
thereof.”
Sec. 14. No person who may be
convicted of felony Tiefore any court of
this Nation, shall be eligible to any of
fice or appointment of honor, profit or
trust, within this Nation.
Sec. 15. The General Council
shall have power to make all laws and
regulations, which they shall deem ne
cessary and proper for the good of the
Nation, whiqh shall not be contrary to
this Constitution.
Sec. 16. It shall be the duty of the
General Council to pass such law's as
may be necessary and proper, to de
cide differences by arbitrators to be
appointed by the parties, who may
choose that summary mode of adjust
ment.
Sec. 17. No power of suspending
the laws of this Nation'shall be exer
cised, unless by the Legislature or its
authority.
Sec. 18. No retrospective law, nor
any law impairing the obligations of
•ontracts shall be passed.
Sec. 19. The Legislature shall
have power to make laws for laying
and collecting taxes, for the purpose
of raising a revenue.
. ... S^c. 20. All bills making appropri
ations shall originate in the Committee,
hut the Council may propose amend
ments or reject
Sec. 21.
Date in either
concurrence 01
Sec. 22. All
ties shall be the Su
land.
Sed. 23. The
shall have the sole power
*n the construction of all
illations.
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sttale t o ex-
0.at the di inkers, (we
sly) ate averse t®
already aware that we^
e known our reluctance'
Conpfry, &. betake ourselves
e WestOfMiasBsippi. Artdfetithere he
i.ai4ki/si-i.£_tcA^_AA.^ ^ hur partj a
as it has been ih-
ice held in Phila-
:h. Knox Sec. of
o»iu»so-cs Dtf £ Gender
o-c= o^oro- vsv d^p peBo-Bd?y.
(. [bB ;0»ZA,]
vdooyab (or Bloody Fellotv) deliver ;
peeehy of which the following is an
t, which will shew, the disposition of
H V Cherokces on this matter at that early
period. The speeches of the Deputation,
-Slid .B.ije^dtiht^aaRid the
Secretary of War'will be given in ‘ftiture
numbers of |>n^ pfiper.
“ When I.found Governor Blount want-
■fm
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INDIAN EMIGRATION.
• Extract of a letter from. Thomas L.
M'Kinney, to the Secretary of War,'da
ted . ‘ / .
Nov. 29,, 1827.
I have come to the conclusion, (I
refer now mainly to the Creeks,) and
from close and personal observation,
that no treaty can be concluded with
these people, as such, and that whatev
er may be attempted in this way will
be with ggftbns not of the*Creek, na
tion, but Such as have artfully insinua
ted themselve into their confidence,
and who govern their councils.
From this may be inferred the igno
rance and\veakness of the Creeks, arid
the inference is just. Conscious of
their owii inefficiepcy to manage for
themselves their concerns, they have
yielded to this State of dependence on
others. But this is not pll. They are
a wretched people. Poverty and dis
tress are visible every where; and
these haufc become entailed upon them
by habitiial drunkenness. No man
who Iras (he feelings of a man, can go
through their country, and see their
total abandonment to this vice, with
out emotions of the most painful kind.
I hold their recovery from it, and from
its long ttrain of miseries, whilst they
retain their present relatidns to the States,
to be hopeless. No human agency can
reform thqm as a people’. It is vain to
try:—•Tttey ^ devoted people, and
destruction just before them. Hu
manity and justice unite in calling
loudly upon the government as a pa
rent promptly tb interfere and save
them. .
They feel the miseries of their con
dition; and many of them look most
imploringly for help. I believe they
would submit cheerfully to be guided
by the government, in regard to any
new relations which it might be tho’t
proper to establish for them. But
those influences, under the direction of
which they have placed themselves,
would counteract the kindest designs,
unless the measures which may he a-
dopted for* bettering their condition
shall be accompanied by a poWer that
shall, cap* those interested people to
cease their interfering^ ageneiee; and
this, in my opinion is within the
range of a sound policy; nor will the
exercise <%?Gcopflict with any one of
the great-principles upon which rest
justice, mercy, or tne freedom of
the citizen. It will be found to fie,
First—In the preparation of At suit
able {and none other should be offered to
them) and last home, for these unfor
tunate people; and ’
Sfecond-4n providing suitable means
and support for thfcir transpbrtation,
and taking them kindly but Jirtnly by
the hand and telling they must go and
enjoy it; and r ;' "
Lastly—In letting those persons who
interfere in such matters know, that
the object of the government being
kind to the Indians, and intended whol
ly to better their condition, its deter
mination is final, and that no persons
will be permitted with impunity tc in
terfere in it. To sustain this last po
sition, thp pretence of a few troops on
ly would he required.
I would have it distinctly under
stood that b reasonable number of re
servations should be granted, and that
they should be given in fee simple to
those who might prefer to remain.
This policy applies, in its fullest
.extent, *0 the Creeks. I confine it,
in this extent, to this people: not be
cause it is not in a greut degree appli
cable to others, but because 1 consid
er the way to .be wider open for the
Chickasaws and Choctaws; and there
fore, no illustrations in reference to
thennare needed. • ‘ ’ -
In regard to these, (the Chickasaws
iT-j; Si <
oetaws) I believe it will only
be required to make the provision,
ns haa been morp fuHy; explained
in my reports of the 17th and 18t|i Oc
tober,.marked A. B. and C, and they -
will go. 1 believe also, the greater
ed to purchase out lands, I told him that I
loved my lands, and would not'part with
them, that l camestherenol to treat pf selling
land, but on public business of friendship
between-the white and red people. 1 tell
you truly whet I said to Governor Blount,
and I am come to ask of you, whether be
was authorized to purchase our lands ?
rPmaiitfed peVeh days
portion o,f the Cherokees would fol
low, upon a bare exposition of the
plan which has been recommended,
the establishment of a "suitable systeih
for their transportation, aitd\n invita
tion (0 them (o go and join their broth
ers..
I did not, as you are aware, visit the
Cherokees. It was hay wish to have
seen them, and in pursuance of your
instructions, made known the view's
and wishes of t he government to them
also. My time I found would not hold
out: and if it ha.d been longer, I must
have arrived ih their country at the
period when the commissioners were
engaged in negotiating for the privilege
of uniting, by means of a canal thro,’
their country, the waters of Conasaga
and Highwnssee, and I should have
deemed it prudent, even with time e-
nough to have visited them r not to dis
tract their councils, by calling off
their attention to. any other subject.
Of the Cherokees it i3 due that I
should speak from my knowledge, ob
tained, however, otherwise than by
personal observation, in terms of high
commendation. They have done much
for" themselves. It has be<ffi'"'tttisj^ t
good fortune to have had born among
them, some great men; of these, th®
late Charles Hicks stood pre -eminent.
Under his wisdom, which was guided
by virtues of a rare quality, these peo
ple have been elevated in privileges
of every local description, high above
their neighbors. They seek to be)
people, and to maintain by law,and goo
government, those principles which
maintain the security of persons, de
fend the rights of property, &c.—
They deserve to be respected, and to,
be helped. But with the kindest re
gards to them and with a firm conyic
tion in the propriety and truth of the
remark, they ought not to It encouraged.
We remained seven days at the place of
treaty, on this business, and Governor
T>1 4 - .1.
Blount still urging us to’sell our lands the
thought' of which made tears conie into my
eyes daily.
On the seventh day, finding Governor
Blount still urging the sale of lands, I told
him, I was desirous Of going to Gene,
Washington and Congress, to see whether
I could not obtain better satisfaction;, <0
which Governor Blount replied that Iwwar
fully authorized for the purpose, therefore
be unnecessary for any Indians to *
w- ' % ' i-; : >U\ ;
I however persevered in my wishes to g» .*
to Philadelphia, when Governor Blount
asked me, whether I had money to defray
the expenses 6f my journey—this struck me
forcibly—agd reflecting that our people
young and old were in his power, I then
told him that if he would not demand so
id of us, w© would give him a small
pieefe, without any considemtion whatever,
if he would let us and our children return tor
our own country in peace and safety,” . : .
If Such were the feelings of a Cherokee
Chief, more tlian thirty years ago, when his J
eounttymen were yet in a tude statej what ;
may not be expected from his successors,
whose minds have in some measure
'euhghtcnvd fe tvha dsptttd tKe
of their lands for their support
There: is no one amongst ug,
have any objection to hear a
of the plan which'Col. M’l
plan which'Col. M’K
commended; but we would p
the cmplflsment of coercive
as will appear evident even
perficial observer of human nature,
of proving benefici al to us, will render
the forme? attempts for our good complete*
ly abort ivci
It hagbeen repeatedly and stor.g)v urg
ed by some pf our white brethren, among
whom appears to be Col. M’Kinney, whose
connection with Indian aflfajrs and jjje G.e-
-emark, they ought ml to ie encouraged coral Government, would seeib to establish
n forming a constitution and government authority on his opinion, that the Cherokees
within a State of the Republic, to exist ’■ " » • ' .SKAi-
and operate independently of our laws.
The sooner they have, the assurance
oh*'
. |Kls cannot he pe?
initted, the bfetter it yvilkbe for them.
If they tVill agrep to come at once un
der our laws, and be mferged as citi
zens in oujr 'privileges, would it be ob
jected against? But if theyjyviJl not
then no people, of all the Indians with
in our limits, are
into a territory, s
to provide for our I
superior lights, confer
the 6 IndiaH f |^ ernm Th
mousenoiigli to undertake it. For
^vh part, I am solicitous for their hap-
iness and.prosperity; fend being con-
»a»«e of
principles of
reak>tf, we aye
natfie/and
it said that -
acts Ihdepei
seious that their hopes must rest ulti
mately, uppn such a home as the
Chickasaws have, witfrsuch a display
of wisdoA, determined to go and pro
vide for themselves, -1 Cannot but be
lieve that a great majority of the Che
I*a1' OOO 111- ill /kAUM 4 A i l. -
vokees will consent to join them.
We cannot but express our regret, tha*
Col. M’Kinney should believe that the grea
ter portion ofthoJCh rokees would follow th
Creeks, Chickai ws ind Choctaws, in the r
emigrat : on to, we know not where, when
we are confident that this belief is founded
upon no evidence whatever. He did hoi
pay us a visit, and of course could not of>-
iain the views of our people in regard to the
present poiipy.ftf the General Government,
in its intercourse with the Indians; and we We
presume that those, with whom h^ r ‘ "
have ha4,in iatpryiew, never a^gred
are. We have jbiinei new turn,
bject from personal to embrace
ought not tg be permitted to form a 1
stitnlion of their own, Which they hai©
ly done,, It is well known that we a T
have had the right of paspins lawsjjj^
selves,and regulating on rafTairs; <ir#
this right hjas tteVcr bgen as ure feuMf) depU
ed us. Why is this cry made now at this
Igte hour ? Is it because we have given the •
ml
fur
at? If that (i
• •* H "mF- j
i laws of t
yttys heei(f
■ a
Wj
at measure, and if w,e are in any
. bound to her, (which we do not deny)
it whf easily te discovered iq the several
treaties, betweet) the General Government,
gnd .the Cherpkeesi These treaties we j-e
gard with sacred respect, as bejngBig h-„ses
PC. our safety, and would upon no conside
ration whatei/er, infringe upon tpetn.—
When & determinatinn wag m*cje for form
ing a constitution, We hPlisite it was the u-
niversal under8tAnd : ng that itphoul"
formed agreeably to the general and
constitutions, the intercourse law, an
treaties by which this Nation
been connected with the United
th^re is any article, section or e 1
constitution, which clashes wjinmi or ei-
therof the above instruments, the framers 0 f
it have unintentionally committed ertf.r,
4nd claim raBier the indulgenc? of the pufc-
l.W, than deserve its severe censure.
We aie very fearful tbatttte policy and
ires of the General Government, in
'civilizing'tljv• Indjps, is ajfioul to take a
' of encouraging them
ul aits, | education