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Cherokee phoenix. (New Echota [Ga.]) 1828-1829, February 21, 1828, Image 2

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HIP # m W 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 - •*t4;>4trui, (PUATvij. TGTZ SP-WlTa PR O 3 6BA!0<r’BO'-, D(f SCTAfl'* P»* ¥>$<S° PRT. •' : . 9. wz s*w®i *ihW©y je./uvy s.evTE shAT^tJt Jh®e<v<r , <»a p^a, Dd 1 KT TJRCs >&y VHP TCThCS cdhJlS Oh-' qAOdfca P4<»a.’ B*yiiZ0« wp tcto*a*- sjt*.* *P4dea ww'w* tcp<»«(ks *y. cil; 7. Miiw 4 h.ipirene ph<a*A r*sb dhia, hiws Ttre*aB(T’ P4<»a (pgz sjuj*, o>h^TdeJi P4dti.i DeiAO^adeET. Dhtr OPvSiyh, Djf B©<V D<f B®dlE JJlh> DhSOp jhtr, jtFh-ePO-A eh A it ohAT&J. 4of j[. 'Oft ■ • Sec. 24. The Council shall the sole power of impeaching. have »8>P“ Sec. 25. All impeachments shall be tried by the Committee;—when sitting for that purpose, the members shall be upon oath or affirmation; and no person shall be convicted without the concurrence of tw o thirds of the members present. \ Se«T ISw, The Principal Chief, as-, sistant principal Chief, and all civil of ficers, under this nation, shall be lia ble to impeachment for any misdemea nor in office; but Judgment, in supli cases, shall not extend further than removal from office, and disqualiiich”i ; tion to hold any office of honor, trust or profit, under this Nation. The party, whether convicted or acquitted, shall, nevertheless, be liable to indict ment, trial, judgment and punishment, according to law. v , [to Bfe CONTINUED.] 24, JAW Tssy anwav ,< FB*.I P4*a, TGr z .y®. d$f <n>S0-Fd?U.' 25. y® hj IS 10; oxro- 9SW©; ^hwey aeniwy se* bcpe sex*?P4dsa viajro-iM-y, azjsp- c*yZ. D^P TB DB<?Rb?.ldt>F'(»Jt IiBhi* 84“ ^p 4EG.i>-®©<»B.'vt P'4cfea. r*» tb rSh~ Bhi eAB'VR EazAaoSU p4i»a, i> J eiew* EahATriea I-4<».I, C^OR-V* «<*>4* Det-(M>“ d&E, JhMAwA/J ABIiME©, Dif T» (PhoUT-W“ dea prt. ''■v v 0 t '0:': >■': 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. p£p Deuy&oS'y kta d^p i-&.ib RJt^P4(»a BS hAA-G ©4*0- SSW©i SJiA®* D.J5P DS-ft Bo»XhA4* CPIiAffiAtS).* unwoyz ,WP DSA BS F-S.IBR.J P-4tS>J, IiAA'-U oW- *SW®1 SIv<l©*B.n4. ADdfynZO- JWVey .JECth^fiWAo?-! D«r E‘ Ci.h^l-V'oeA l-4'*vl. D4Z C EG.A*m<*A Dtf AP-4SU, 8oey !)AM Mf W®y PKT 0 3 hAVV(T> D«f ?.}■}:% 11 O’leO- »»w«y 05ev»^dfjr m«!J a* jjp iiAPbey, btf (PhATofJ: tjc..o- a* 0 5 0l.Aeir 9 Aa* TGrZ JhW" ey&Ktk-t 13. om »sw®i jrhwey, i>b ee- 0*ic»Ee JliA®<»B/lUA B4d®-I, AD TGr«*»" dea ajup jbsoa«!)U Ifyfaa-i “db saw,a RA *0 3 A«e^ IpAToBT*, AD DXt.AOir’WO-, fc DUlWiSy, D<f IS dlll’IM* DtT jxr wd®T,o-*v^ ^y“, D«r is Ar<*u (pop dswo-a r5y, D<r if ycfi *B,Dy^oA 0 3 4 i 0' o°g.vho-a ny&s.'fHn *y;' sGrA!r>«:yii dibaoj^bo-a, Drf acec-irdtvl D^P SBO-Bdey, D<r Ubffey, DXB^AoP. OdfctVz J\Si Dr AToe-i nsPdiBiiAf^a, Dy/iTdea«v* P4‘ <» j, Dtf bsi ay-n©<»Bjxu tgtz bhowy *b TGrovoiijia ivp<»i<.de-r; d<r edw o 3 a a or r ewyA dxvp t-4dijr, Dtf ode«r by<»9AJi zv4««U owy jncecurdea i-6ta 7.' <PE.©€rAi WRAZ >AV (Pii 26. eui p; »•* b^ hlvRO TWFdf!A4 b4” ma. i)B«:yKzo- »ivh.^TPBdej mS| WM ' sttale t o ex- 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 -J4. ■•‘MJr T« <W(P»0'W&gfrti: JSAtO- ©Wy TP4dt>a, i£ cwy to»Ai d^p Dh>A7a >5P4dC.l. 15. (pro- **w®i Ahw©y jtsea.(r*riti^ hsi (pzpj iv4dea, tctz bh»wy <^4 T.c?" ©priJBAa DAPduV«8A, adz vi®ec^r»drj KltAI JC (PhhriSA.I ^p.4di)J. 16. wmcr *»w®i ^inwwy (PhATdea Iv4d®A, TCPPdSiBriBdSa* ^SAAvlA, terz .iob^tpaa i&yo-R-v K&btfr ©aAyuA - BB oBAPoP. " { 17. (pro- sitw©i 4RW©y <por O^PJlCs ECVhhdBAa {-4otJ[. b-pr- 18. D^P DP^IE i£ (PCsftJI b<T IiSi S6BH1T4 1C ffl^A.1 Afr+fta. 19. 034*0- »»w®i jihwey (pixATtoj. '*►♦'**! TwT=<3BBBd?.54 D»4 (PVCoT’Jtr'!)) D^P WOJbJ.*' may origi- < t to the other. Trea- of the 2B. n*p 0»4 ^©|<drA*9A-I h»Pd®BBAP- <®jt, d^p beBOrB^y/B bwb<to--i i»4*a; .inw®y<»yhzo“ E&JSuftGBdea b<r e<a,ii«*j* <0oB.t K4d8.I. 21. hsi jh^vfde-t i-4c»a tjw, d^-ua 0»e-R AEaeBAAqrOAIvt D<r vlECXeBdB.T^J 22. h*4* »ZP4* JP»Adt>B0-A, J®ea.4*d?-I RcBSh I-4d®.l, 23. 03«*o- »sw®i .ihw©y o»p-r o»nyiT* dea B4d®.I 0*4* *4*E hfi ®ZP4* UVAdaB' 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