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yw rrrr* ;': ~ . v ■ i CHEROKEE PHCENIX. *3C= VOL. I. NEW ECHOTA, THURSDAY MARCH 6, 1828. NO. 3. EDITED BY ELIAS BDUDINOTT. PRINTED WEEKLY BY ISAAO.H. HARRIS, * FOR THE CHEROKEE NATION. At $2 50 if paid in advance, $8 in six months, or $3 50 if paid at the end of the year. To subscribers who can read onlv the Cherokee .lingua** the price will jto£8,0Q in advance, or $3,30 to be paid withm the year, , Every subscription will be considered as continued unless subscribers give notice to the contrary before the commencement of a. new year. The Phoenix will be printed on a Super-- Royal sheet, with type entirely new procur ed for the purpose. Any person procuring six subscribers, and becoming responsible for the payment, shall receive a seventh gratis. Advertisements will be inserted at seven ty-five cents per square for the first inser tion, and thirty-seven and & half cents for enoh continuance; longer ones in propor tion. JCP All letters addressed to the Editor, post paid, will receive due attention, '6 TV y J f-A ¥0'^ AD hSJECufiJt. Y>0AI«Xm)A TA^iP U»V* JhcTBA-l B4<>EA. BOAE Jh«5haoJy KTA D£P b>GJBA jv4oiiA., TGTZ TE^O-G -5 DfU/SoEBriBA. TCTZ VT*P ToSO-A TB DGJ/SoEBc®A, KT DS-H CPOJBCl B4i»EA. D?A/5c»EZ TB VW T>GJ/5oEB<»A, O-yAT D-gP 0-O.JBA B4c®A. ewyz (PCcR ah^ha^y, WFAf ds-h e'-GJBA B4oEA FSAElrt, TCTZ TEA'O'ir’DG- J/^BoEA. KTAZ Dvpp yiv Ah O-SABA- UAR DG,I>5<>®B«>A. LAKE OF ARDENT SPIRIT^. Mr. Editors—In recently turning over the pages of a Magazine printed in the year 1813, my attention was attracted by a cal culation of the amount of ardent spirits con sumed in the United States in the year 1810. This amount is stated at 83,365,- 539 gallons. The estimate appears to j have been made on well established 1 i grounds. After making his statement the V-Tvi iter adds the following mathematical cal culations. The quantity which the year 1828 will con sume would doubtless fill a lake much lar ger stilL W * -Notv 33,365,529 gallons* is 248,932 hogsheads, (at more than 134 gallons ' the hogshead,) which supposing one team to carry two hogsheads, would jpad 124,466 waggons. These, al lowing only three rods J or each team, yvould read) more than 1,166 miles, or nearly the whole length of the U nit ed States, from north to south! The num ber of hogsheads necessary to contain itlie liquor, must, upon a moderate 1 computation, cost 600,000 dollars, and would, if placed so as to touch each other, reach more than 178 miles, ex ceeding by; 48, the .whole length of ^Massachusetts Proper, on the north ern line- Or, to present the subject jin another light, the quantity of ardent (distilled spirits, which is annually drunk in the United States, is sufficient to fill a canal 4#, miles long, 10 feet tvicle, and 2 feefcgleep; affording con venient navigatiori^Tor boats of several ;ohs burthen! Thfe same quantity if I rought together, would fortn a pqnd lore than 68 rods Img, 40 rods broad, nd six feet deep, hiring an area of 7 acres,- > flow TO READ JpRIPTURE Nik simple and unprejudiced study >f the Bible is the death of religious travagance* Many bead it under a i ticular bias of mind. They read looks, written by others, under the pme views. Their preaching & con- [ersation run in the Same channel. If ey could awaken themselves from is state, and come to read the whole which they buld start as t the humble, heavenly char- eligion of the a agreater or es had been ripture for every, uld find the?' m a dream >eek, forbear! jter of the iriptures, to iss degree, Rinded.—Cecil. A man may find much amusement the Bible—variety of prudential |\struction-abundance of sublimity and iSctry! but, if he Stops there, he stops fiort of its great end; for, thetestimo- v of Jesus is the spirit of prophecy. The grand secret in tho study o ! ' |e Scriptures, is, to discover Jesus lyrist therein, the war, the truth, and ' fye—/<L [CONCLUDED.] CONSTITUTION OF THE CHERO KEE NATION, Formed by a Convention of Delegates from the several Districts, at New Eclwta, Ju ly 1827. Article VI. Sec. 1. Whereas the ministers of the "Gospel are, by their profession, dedicated to the service of God—and the care of Souls, and ought not to be diverted from the great duty of their function, therefore, no minister of the Gospel, or public preacher, of any religious persuasion, whilst he con tinues in the exercises of his pastoral func tions, shall be eligible to the office of Principal Chief, or a Seat in either house of the General Council. Sec. 2* No person vvftb denies the be ing of a God,.or a future state of rewards & punishments, shall hold any office in the ci vil department of this Nation. Sec. 3. The free exercise of religious worship, and serving God without distinc tion, shall forever be allowed within this Notion: Provided, That this liberty of con science shall not be so construed as to ex cuse acts of licentiousness or justify prac tices inconsistent with the peace or safe ty of this Nation. Sec. 4. Whenever the General Coun cil shall determine the expediency of ap pointing delegrteS, or other public Agents, for the purpose of transacting business with the Government of the United States; the Principal Chief shall have power to recom mend, ana by the advice and consent of the Committee, shall appoint and commission such delegates or Public Agents according ly, and, on all matters of interest touching the rights of the citizens of this Nation, which may require the attention of the U- nited States Government, the Principal Chief shall keep up a friendly correspon dence with that Government, through the medium of its proper officers. Sec. 5. All commissions shall be in the name and by the authority of the Cherokee Nation, and be sealed with the Seal of the Nation, and be signed by the Principal Chief. The Principal Chief shall make use of his private seal until a National seal shall be provided. Sec. 6. A sheriff shall be elected in each District by the qualified electors thereof, who shall hold his office for the term of two years, unless sooner removed. Should a vacancy occur subsequent to an election, it shall be filled by the Principal Chief as in other cases, and the person so appointed shall continue in office until the next General election, when such vacancy shall be filled by the qualified electors, and the Sheriff then elected shall continue in office for two years. Sec. 7. There shall be a Marshall ap pointed by a joint vote of both houses of the General Council for the term of four years, whose compensation and duties shall be regulated by law, & whose jurisdiction shall extend over the Cherokee Nation. See. 8. No person shall for the same of fence be twice put in jeopardy of life, or limb, nor shall any persons property be taken or applied to pubic use without his consent; Provided, That nothing in this clause shall be so construed as to impair the right and power of the.JGeneral Council td. lay and collect Taxes. All courts shall be open, and every person for an injury done him in his property person or reputation, shall have remedy by due course of law. Sec. 9. The right of trial by jury shall remain inviolate. Sec. 10. Religion morality and knowl edge being necessary to good Government, the preservation of liberty, and the happi- nes of mankind, Schools and the means of education shall forever be encouraged in this Nation. Sec. 11. The appointment of all offi cers, not otherwise directed by this Consti tution, shall be vested in the legislature. Sec. 12. All taws in force in this Na- tiou, at the passing of this Constitution, (t\\y wwi-P. [O'PZAdA] VI. 1. 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BGl^PAdlr DGir’BdE.IoEy hk' UA-Iop hE(V\jE-lA4dli.l, DJ 1£ 0>hPlG- Bb®,l ^B4<*.l. 11. 04TVJ RA (PZACTR Dd* C 3 *V O-A BR Drf DhLOHO- .IF^T-Udeat^A Ah D^P JhBGG.'T’c*,! O’hPT, Dd 1 (PF" hyjt hSPdPAoEA JBIrOCT IiBRG PR, Dd* B© AA* O'hO-AT. DhoEyh R* dfSh AJ0V> hG»©X«EF., Dd* h*i 0 3 9hh* BAJ heSGXdEE .loES-UR-I I v 4dE4 KA‘ A-UT. 12, D|P Jh^SdEtrAA MpAT.I BR, (P(P0“ »STV©i AhTVQy O-UdiT*EA, shall so continue until altered or repealed by the legislature, except where they are temporary, in which case they shall expiie at the times respectively limited for their duration; if not continued by act of the legis lature. Sec. 13. The General Council may at any time propose such amendments to this Constitution as two thirds of each house shall deem expedient; and the Principal Chief shall issue a proclamation, directing- all the civil officers of the several Districts to promulgate the same as extensivey as possible within their respective Districts, at least nine months previous to the next General election; and if at the first session of the General Council after such General election, two thirds of each house shall, by yeas and nays, ratify such proposed a- mendments, they shall be valid to all in tents and purposes, as parts of this Consti tution; Provided, That such proposed a- mer.dments shall be read on t hree several days, in each house, as well when the same are proposed^ as when they are finally rat ified.. Done ia Convention at New Ef hota. this twenty-sixth day of July, in the year of our Lord one thousand eignt huudred and twen ty seven; In testimony whereof, we have each of us, hereunto subscribed our names. Delegates of Chickamauga District. JNO. ROSS, President of Convention, JOHN BALDRIDGE, his x mark. Delegates of Chattooga District. GEORGE LOWREY, JNO. 11ROWN, EDWARD GUNTER. Delegates of Coosaualec Districts JOHN } ARTIN, JOSEFH VANN, KELLCHULEE, his x mark. Delf4fnt.es tj .ftmr.hao JS-lotrict. LEWIS ROSS, THOMAS F OREMAN, IIAIR CONRAD, his x mark, L elegates of IlickoryLislrict. JAMES DANIEL, JOHN DINCAN. Delegates of Etoufah District. JOSEPH VANN, THOS. PETITT, his xmark, JOHN BEAMElt, his x mark-, Delegates of 'J aqvoc District. OOCLENOTA, his x mark. WM. BOLING, his x mark, Delegates of Jlquchcc District.. JOHN TIMSON, SITUWAKEE, his x mark. RICHARD WALLER, his x mark. A. M’COY, Secretary of Convention. B4oE.I ADoEyi.ZO- a©0&,(T>oEA MtfT oEE WG.lh iCi Cr-VP^A. 14. b«: D^F cpfacsa tcfz gtv£ Lh®0G.a4oTU AD ©Ir^JKO-, i£ BhT" <za ^>B4*A, Eh oro- SSTV©i ^lh“ woy DIiAGBotBoEA. TSiTuEyiiZC?* CPPACS TAA(P bln'.lBi(J 0^* Jl-.r - dE.I B'4oE.I, Eh O'rOSSTVSi AhTvfir y ©AKA!. DAFoEBoEA. 15. w<ro~ sstv&i Ahivey, tjtV SGli-TE KT TJI.C= WP IiBIiAoEA, Ajfr aeeartjj sagbr dafwb«a, o'^ IiATciEA B4oEA ^oEd* 5 DeGO-PoEF.T, Goiy (PEeCTA a'UJCGA B4oiA BhAfeT, J^FAciAA B4oEA AGtC-'G"' oEy JGTPAA ShS,t JIi^PAoEA .1/4, D*L ■HiAff TJeO-A C' J Z4cEA OGIAGrA" A/5 BR AIiTVGy, G«yz WPA lIiW" ©Be®a (Ptro- Ahwey, wp qet^E KT TJhC= ViP Iil-hB(®A DhABoEA. JCIilV^y CHh* acst oiv* e*y ASecEirdEA mfoea^ oEbaja. K'r«yhzo-JAixir Bheir AA B4dEA, SAGER DAFoEBoEA, Dd' OdtiV” D IidEF/^AdEPM A. /V Ip TV © I TKA ATVKA TS ©•jit 1827, <r.GtXGd/S ad *ip..,y. EIi»V* AD IiSAC?" ASAi AKA’it S. B«> G!i JCdEJO, CP AO-O'A cyj , ) IrS^'’ B-> G‘ y bipat-ua. JW.M BlrAT-dAC D-5A BlrAT-cik, TT.CV. BkAT-tA' REPORT Of a joint Committee in the Legisla ture of Georgia, on the Cherokee Lands. From this gloomy.and almost hope less prospect, we turn our attention to the second branch of our enquiry, and trust that we shall be able to estab lish in the State of Georgia a good, le gal. and perfect title to the lands in question, and that we ave the right, by any means in our petver to possess ourselves of them. In the examination of this important and interesting question, we ate ne cessarily carried back to the earliest history of this country. When the continent of America was first discov er!, it was possessed and owned by va rious tribes of Savages; and the discov ers asserted successfully the right of occupying such parts as each dis covered, and thereby established their supreme command over it, as serting their claim both to domain and to empire. By domain we mean that, by ‘‘virtue of which a naiton may use the country for the supply of its neces sities; may dispose of it as it thinks proper, and derive from it any advan tage it is capable df yielding.” And by “empire,” we mean the “fight of sovereign command by which, the na tion directs and regulates at its., plea sure, every thing that passes in the country.” Precisely in this way, and no other, did Spain, France, Eng land, Holland and Portugal obtain sovereignty over the portions of this cc'inlry discovered by each. It may ,e contended with much plausibility, that there is in these claims more of force than of justice; but they are claims which have been recognised and admitted by the whole civilized world, and it is unquestionably true that nnder such ciiVmmstauces force becomes right. This kind of title is not only good and valid agreeable to the laws of Nations, but is perfectly consistent with justice. The. earth was certainly made for the. behefit; comfort and subsistence of inaii, and should be so used as to accommodate the greatest possible number of hu man beings. It was therefore per-, fectly in accordance with the design of nature, that the densely populated countries of-Europe; should possess! themselves of the immense forests iii America, which were used only ad hunting grounds, and employ them iii, promoting the comforts and providing for the subsistence of their overflow^ iag population. Acting ho doubt up on these principles, Great Britain oc cupied and colonized the proviucb, of Georgia, the limits of which ahieriop to the revolutionary war, were defin-» ed, and made to extend from the At lantic coast to the Mississippi, aad, from the 31st tb the 35th degrees of nprth latitude. The whole b'f this ter ritory was made to form a provincial government, thus exercising the high est and most unequivocal act of sove reignty. In this exercise, both of do* main and empire on the part of Gvea^ | Britain, certain jiortiona of Uwiio^