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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,
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