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p ft’ *' v •* * ' ‘ ■.*v™§i.'5£ disposition is manifested to approach near to the Constitution. Tim Council of 1827, as quoted by “ Marshal,” sitting under the then existing authorities, does not at all im ply, that it was perfectly right., not to imitate as near as possible the principles in the new Constitution; but on the other hand it does appear obvious, in as much as they were so fond of principles prohibiting persons from holding more than one office, that they should have drawn closer to them, than to confer almost the whole powers of government on one person. But “Marshal’ appears to have been forced on the public, by my im plication, that he was an intentional trespasser on popular principles. I must here assure him that he has placed an unwarrantable stress on my former remark, “ that the Marshal of Chattooga district held two offices.” “ A Friend,” in his first piece against me, gave rise to that remark, but it was done so cautiously, that it is une quivocally acknowledged to be an un- intentignal trespass. If prudence had not been blended with political vengeance, he could have enabled himself to find, that he was freed from my unmerited attack. Yet this is one of the prominent offences, and alledg- ed criminations, from which he has taken such umbrage, that all my sen timents cease to harmonize with his chords. In the 5th number of the Phoenix, I have rather disclaimed having main tained, that the New Constitution with all its articles should be immediately Carried into effect, after the Council of 1827. The point to which I had ob jected was, that the same men, that bad framed the Constitution, and then adopted it again in Council, continued to confer a plurality of offices on one man, which circumstance still controls conclusion, that they were waging war in favor of old principles, against new ly imbibed ones. “Marshal” has in- tervolved some of his quotations to prove that the council of 1827 had no right to adopt the new Constitution, that it was read only for the informa tion of the people, and that no law ex isted authorizing such a course. This reasoning will be found on furth er examination to be fallacious. T.he National council in their resolution provides, “the principles to be adopt ed by the convention in the Constitu- ' tion, shall not go to destroy the rights and liberties of the Cherokee peo ple.” The enquiry arises from this pointed expression of the law, who was the supreme authority to decide upon the legality of the principles to be then adopted in the new constitu tion? This plain expression of the re solution, denying the force of the prin ciples, should thpy go to destroy the people’s lights, shew, on an impartial view that the sovereignty of the na tion was not vested in the Convention solidly to adopt permanent principles for the government of the Cherokees; but that even a person uninformed of the political condition of the Chero- fceeg, must consequently come to ihe conviction, that that power was re served somewhere else. That was necessarily in the National Council who did take it into consideration, and fi nally adopted it for the future gover eminent of the Cherokees. The pre amble in a constitution “do ordain and establish” is so invariably linked with the condition of the acceptance of the body politic, over whom it is to ope rate, that it cannot be practically constitution, until it is accepted by such body; It is reasoning with facts to say, that a constitution cannot be binding go a people before they con ?ent; ana it was upon this contingen .cy that the new Constitution has re ceived its validity.. In the event that | the Council had disapproved of the principles in the new .Constitution, it would no more have been binding on the nation, than it would be binding . on the United States. If there was »o law, as stated by “Marshal,” to an thorize the council to act on the new Constitution, so much the better; the Natipnal Council, being the democra cy of the nation, had the supreme right to apt, and do what they pleased, they had power to create the Conven tion, they still retain power to review their proceedings. The Council be ing the highest summit of power in the old system, was at full liberty to in vestigate the proceedings of the Con vention, which had no power to come forward and prohibit the Council from acting on any case. And while thi power of the Council visibly existed to be exercised in the adoption of the pew Constitution, they did adopt for tfie people, in as jnuch as they were their representatives; for it was aot sent elsewhere to get the people s approbation of it. No republican in the nation would have submitted to the constitution -if its articles had been contrary to the people’s rights, and only adopted by the Convention. The gentleman who was Clerk, when the Council was in committee of the whole on the subject, has admitted with me that the Council did adopt (he new Constitution. His testimony, 1 presume, will preponderate in favor of my position, and be a sufficient arbi ter to the candid. In a liberal government every per son has a right to his sentiments, to the expression of which perhaps a person without presumption feels some aversion. It was this tolerated l ight that induced me to a narration of his Excellency’s visit to the National Treasury. I have myself cooned a log, and yet never have exposed my fancied life in others’ breast. ‘ 1 never intended it a categorical fire to explode in other breasts. It was dis closed for the express purpose of shewing the many inconveniences which our distinguished men were subject to; hoping that it would be the means at some future day, to con centrate the National Treasury, with other offices at New Echota. But this is viewed as a heated calumny. If the integrity of the Chief had been disputed, his talents underrated, and the case managed with all malevolent design to the greatest advantage, it would yet have failed to accomplish his downfall. It may be necessary to illustrate the innocency of the case. I presume the story is familiar among the enlightened Cherokees, of the race which was run by President Madison.with his servant, from the battle of Blandensburgh; General Jackson in all his glory is called old Hickory; John Randolph with his ex panded talents is known often in the feminine gender. These oddities bear some analogy to my case; yet these idle terms have never been viewed, by those who are a witness to passing events, in the light of calumny. A CHEROKEE. per has occupied the full att^n.ioTi of our printers. Exertions vun, how tier, lx. made to supply these dcniauls. At pie- sent our Cherokee reader,, will olitam Hymns, and the Gospel of Matthew, lino’ the medium of the Pluvnix. PENOBSCOT INE AN8. The following notice of tie Penobscot Indians is taken from a letlci dated, June 280 1823, and addressed to tip Jiditor by Mr. Brewer, now MissioniryV,,®/, - East, “ This tribe which is w ffbw to about BOO, own and occupy ufi the islands in the river belwe/di this and Metovvomkeag, 50 miffs above.— They have likewise resent ed to them selves lour whole towiships on the river farther north. Tie islands con tain some thousand aerts of the best of land. You are perhtps aware that these Indians as well the Passoma- quoddies and St. Jola s (both now small tribes) have for along time been under the inlluence of tatholie priests. For two years past, slice the govern ment of the State hate declined pay ing their salary, thert/has been no one, among them. Only two or three of them can read, and tiough they have annually 20 or 30 acies ploughed for them by government yet they give but little attention t» agriculture.— The game towards the sources of the Penobscot, which has been their chief dependence will soon fail them, and surrounded as they are by the whites, their situation will soon become wretched unless they turn tlnir at tention to cultivating the grounl.” It i.s said that the principal and assistant principal Chiefs are to meet the United States Agent for this Nation at his resi dence, on the 15th of this month, to consid er the exceptions made by the General Go vernment to some portions of the Cherokee Constitution. If they deem it necessary, they will call a Council, NEW ECHOTA! THURSDAY, APRIL 10, 1828. We have frequently heard of a procla mation issued by Governor Forsyth, in re lation to the extension of the criminal juris diction of the state of Georgia over that part of the Cherokee Nation which lies within the Chartered limits of that state.— We should suppose that as the Cherokees would necessarily be interested in such a proclamation, every exertion would be us ed to have it extensively knovVn in this Country. But as yet we have merely heard of it, and we doubt whether any of our Citizens have seen it. We would suggest to his Excellency the propriety of publish ing his proclamation in this Nation. CHURCH AT CARMEL. By the politeness of a friend, we are per mitted to insert tha following extract of a letter from Mr. Proctor, Missionary at Carmel. We had a very solemn 8c interesting meet ing on the Sabbath. The congregation was large. Three full Cherokees were baptiz ed. They live about 25 miles from us in a small town very much secluded. Some of our Cherokee members and Mr. Butrick have visited them. These men appeared better than any candidates I have ever seen, all things considered. They say there are many more in that place, who are serious. They are very anxious to have some parts of scripture in Cherokee, or any Cherokee tracts. I understood, the other day, that you were about to get the Gospel of Mat thew printed. Do let me know by next mail how soon we can obtain it. Many copies are wanted in this place, anti I have been requested to write for them. It is a g leasing, but a singular fact, that here the ible is preferred to the newspaper. The Cherokee members of this church, and those of the church at Hightower, have formed societies to hire a Cherokee broth er to go as their missionary into those dark towns north ofus, to carry billies, tracts and hvmnbooks. We therefore want to know when- we can obtain all these, and what will be the prices. Similar applications with equal earnest ness have been made from other parts of the Nation, and we are sorry not to be in a condition to meet the demands upon our press. The publication of Serinture, Tracts and Hvmn book*, must depend eu- tirelyonthe hmited force now co"i<vir>ft with the establishment; and as yet the pa* From the New York Advertiser. LATEST FROM LIVERPOOL. By the ship Bashaw, Captaii Cal lander, which arrived at Boston on Sunday evening from Liverpool, from whence she sailed on the 21st o' Fe bruary, we have received from our faithful correspondent, the London Courier of the evening of February 19th, and Gore's Liverpool Advertis er of February 21st, one day later than the news by the Salem. . The Courier contains an article from a Nuremburg paper of the 11th of December, which seems to give some additional credit to the account heretofore received, that a new a- greement had been entered into by Great Britain, France, and Russia, on the 21st of December last, .in rela tion to the affairs of Turkey and Greece, the principal object of which as stated in this article, seems to have been, to give the Sublime Porte tuo months more time to reflect on the mat ters so seriously pressed on his con sideration—especially since the battle of Navarino. This convention, it is said, was formed at London; and the communications with the Garud Seign ior are to be carried on through the medium of the Dutch Legation at Con stantinople. “The following article, if true, is of some importance. It is extracted from the Nuremburg Paper ol the 11th, which we received this morn ing:— From tiif, Danube, Feb. 5. It is affirmed that, by the addition al Convention, signed at London on the 21st of December, between the three Powers, a farther delay of two months is granted to the Porte, to effect, du ring that time, the pacification of Greece, on the basis of the Conven tion of the 6th of July. The legation of the Netherlands at Constantinople is mentioned as the organ through which this delay is to be intimated to the Porto. Now, as it may be taken for granted that ihis term of two months must be reckoned from the time when the communication h made at Constantinople, it is probable that the important question will remain undecided till the mouth of April, even supposing that the Porte should again refuse its assent, to the proposals of the three Allied Powers. The instructions sent to M. de Ri- beaupierre to stop for the present ei ther at Malta or Corfu, as well as Count Guilleminot’s return to Corfu appear to be immediately connected with this new attempt, to render father appeal to arms unnecessary. Some reports even say, that ,&*qropo- sal has been made to the Portelt> send Deputies to Malta, to a kind of Con gress, with the Ambassadors of the other Courts. Nothing farther has vet transpired respecting the change in the Russian Cabinet, which ac counts from St. Pctersburgh spoke of as probable. reived from Constantinople to Jan. 11. It was repoi itu at Constantiiu- pie that the Count Capo d’lstria hob arrived in the JVJuiea, and had been proclaimed chiel ol the Greek govern ment, and that a new allied squ dron, including some vessels of the Nether lands, ban entered the Aichipelago, and was advancing* towards the Dar danelles. Tliis news had forced the Sultan from his attitude of calmness, to measures of an opposite character. He had given oiueis lor ciossing the Bosphorus. Several vessels of war had been sent to reinforce those which wtie at anchor in the channel. The new manifesto of the Porte was received at Paris.. Ihe Journal ues i.etuis iiol Icing able to publish the whole in the paper of the 20th, gives the following extract: “As it is evident that the pretence of libei ty in favour of the Greeks tends to nothing less (Heaven preserve us!) than to make all the countries of Europe and Asia, where the Greeks are mixed with the musselmans, fall into the hands ol infidels, to put the Ra jahs insensibly in the place of the Ot tomans, and the Ottomans in the place of the Rajahs: to convert perhaps our mosques into churches, and to make bells resound from them, in a woru easily and promptly to annihilate Isla- misin; neither law nor reason, nor policy permit the acceptance of such propositions.” The proclamation enjoins upon all the public agents and functionaries, a general armament. Preparations were making for a vigorous resistance. A hundred thousand Kurds were said to be already on their march, and would arrive in Europe by the end ol March.—JS\ Y. Jidv. Constantinople, Jan. 11. Merchant vessels under the Euro pean llag have not been able to obtain facilities for leaving excepting by a bandoning their cargo. The system of persecution has again begun, and it is principally directed against the Ar menian Catholi, s. The Patriarch of that nation who resides at Constantinople has refused his protection, because he consid ers them as heretics, if it were sup posed that it was through him, that they have become suspected by the Porte, and that he has offered to fur nish proof of their communications with the Franks, & particularly with the Russians. These Arminians are carried away by thousands into Asia. All the inter cessions, and the attempts o. the en voys of the neutral powers and even oi Mr. Ottenfeis have been useless. Constantinople lias now only the ap pearance of a vast camp, nothing now is done or thought oi commercial af fairs. All the cargoes of grain have been seized to provision the capital. God knows when they will he pain for. Force has been used to execute the order enjoining the subjects ol the three nations to leave the capital. The effects produced by such an order on people, several of whom have resi ded here for thirty years, may be ima gined. The number of the houses which have been permitted to remain here, to finish the settlement of their affairs, does not awouut to more than 10 or 12. Id. subsiding of the waters, the inhabitant! v'ci c in uilemmu as to the day of the ueek; as during the visitation ot the iiood, they had taken no note ol time. It appears the ancient aborigines had more prudence than the Shawnee!, or those who have succeeded them, in occupying this spot; as they had erected mounds to keep out the water; and these were the only places which inained dry during the inundation.—• Commercial. ■ Foolish Temerity.—It has been s; : d of Empedocles, that he plunged into the crater of Mount Etna, to acquire immortal reputation, and of Erostra- tus, that he sot lire to the temple of Ephesus from a similar motive. The same principle of rash ambition seems to have influenced a modern traveller a few years since,Who, anxious to ac quire fame, disdained to pursue the common path to glory, which had been trodden by vulgar feet. About two hundred yards before the land terrain- ; ates at Cape Cornwall, the ground rap idly declines, and the isthmus becomes narrower, its greatest width not ex ceeding fifty yards. Approaching tin's tremendous spot, below which the waves arc about two hundred and fif ty feet, every rider is requested by his guide, as well as by c ommon pru- detu e, to alight and walk to the awful extremity. But the traveller of whom we now speak, scorning the ad monitions of both, spurred on a valua ble and spirited horse to 1 lie p:e<i- pice_, which common mortals scarcely visit on loot without feelings of dis may. Ihe animal, prior to his de scent over the narrow isthmus, warn ed him ol his danger by manifesting strong symptoms of terror and affright. The guide in vain attempted to dis suade him from his u i' ' attempt, Tnd the horse was with much difficulty' pushed fonvard. Arriving near the point, the mingled roar of the winds and waves, the horrid forms in w hich the rocks appeared, & the wild scene ry every where exhibited, so terri fied the animal that he her ame ungov ernable. The gentleman now began to find that he had carried his focl’ish ambition too far.—He, therefore, at tempted to regain the ground lie had so indiscreetly left; but cn striving to turn the animal round, it snorted, plunged, reared, and seemed insensi ble to every thing but the impression of dread, which was now fully com municated to its ride - . The horse running backward, curvetted to the very brink of the precipice, when the rider, whose fate depended'on the mo ment, threw himself w ith despciation on the ground. The very instant the horse plunged clown the precipice, and falling on the crags below, was dash ed to pieces. The rider was taken up half stupified with terror, and for a considerable time afterwards be suffered from the effects of his con temptible vanity.—Exeter Gazelle. LATEST FOM FRANCE. We have received by the brig Rhine f ont Havre, Paris papers to February 20. Letters had been re* Turkey.—A Bucharest date of Dec. 18th, says—” The Porte is ma king immense preparations for war. The government has bought for a large sum a depot of arms, containing 120,- 000 pieces. Soldiers to the number of many thousands are arriving from the most. remote parts of Asia Minor, which is extraordinary at this season, and shows the disposition of the Asia tic Tribe, who never begin a campaign before spring. These troops will he armed in the European manner and sent to Widdin. ‘ It is added that the Grand Seignior will have recourse to a loan to defray the expenses of the war.—JV*. Y. Observer. Inundation.—The Ohio river sud denly rose so high, tow ard the end of January, as to completely inundate Shawanep Town in Illinois. The Ed itor of the Illinois Gazette was taken by surprise, in the lower part of his establishment; which, though it stands on the highest piece of natural ground in the town, had risen six feet of wat er over the lower floor. The unfor tunate proprietor ascended to the up per story, with such of his moveables as he conlcl lay his hand upon; and was actually confined aloft, in compa ny with a dog, more than a week. A friend supplied him w r itb provisions, bv handing them upon an oar. On the Duelling —W e are happy to state that the hill to suppress iliiiliing has passed Ihe House of Assembly, 16 to 37. The first section declares the inflicting of a wound in a duel, beyond the bounds of this .Stale, from which death ensues in lids State, murder: the second subjects the Seconds to the punishment of felony whether death ensues or not.—N. Y. Ohs. .7 desperate drunkard.—It is stated in the Portsmouth (Ohio) Times, that a man came to that tow n, w hose thirst for liquor w as so insatiable, that he suffered a dentist to pull a sound tooth, and sold it to him for GO cents, with which he bought rum and got drunk! Such a slave to his appetite would cut his throat for a gallon of whiskey, pro vided he could get it on a twelve months credit. It is said, the question of the NORTH EASTERN BOUNDARY of the United STATES, is refered to Ihe umpirage of the Emperor of Russia, that an Agent is to be ap* pointed from Maine to manage the cause, and that Judge Preble is can didate.'—Palladium. An Ox is now exhibiting in this city, which it is stated weighs upwards of 4000 lbs. He was f limed by Mr. Joseph Howe, of Burlington, N. J. and is eight years old.— JV’. Y. Obs, FT. CVS. «looS AittP .ISrfl WO- ns* «J5D. Dll SSvfc DU.JIiAot- C. S T T.tfM DAV* .4. SAT JATd"’ (PFKtiOJ), 0-y TcSSBl* qtFS DejoT-, D.loT-. DIiZ F^SIi CV1® c. « ♦WWotAJiV* Drf JIWVAJStV* !' AT. M IiRPot JoT * .4D RT C. S XT rr. (? TO-. W’W ‘ .UT r>*5 <• r .i pn Urs«nr fciej** (A AT.