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It lias been brought before the Con
gress of the united States—and the
President has been Officially notified
of it And has directed me to
Convene the Chiefs, and inform
“ them, that he wishes them, destinct-
u /i/to understand that this act of
theirs, cannot be considered in any
“ other light, then as Regulations of
purely municipal Character—And
which he wishes them distinctly to
“ understand, w ill not be Recognized,
as Changing any one of the Relations
under which they stood to the’ -Ge
neral Government, prior to the a-
doption of said Constitution.”
These are all the words which he
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has directed me, to say to you—They
Contain but two sentences,—both of
which are delivered with Considerable
emphesis, and both of which I
wish you to understand, Take them
and ponder them over, and over again
—They are the words of your Father
& friend;—
To some of you it may be necessa
ry, to explain what I understand by
municiple Regulations, 1 under
stand them to be such Ordinances,
Rules, or By laws, as the Inhabitants
other
as
iuv.,1 .Tlegulations ....
ludgeraent will promote good
iosciety; wim a view to the 11
m your
order in
such
J
sosclety; wifh a view to the Happiness
& prosperity of your people—
But these Regulations, as
of any City, Town, or other Body Cor
porate, are authorized by their seve
ral Acts of Incorporation, to pass for
their own internal Regulation &, Gov
ernment;
To make this more plain, I will
give you an cxample-the people living
in a Town, apply to the legislature ot
there State to be incorporated, and it
is granted, A Law passes difining their
Corporate boundary's, and authorizing
them to Elect conncillars, to make
such ordinances, or By Laws, as they
deem necessary lor the Govournment,
and well being of the people Residing
within Their Corporate limits (pro
vided those By Laws shall not be Con
trary, to the Laws of the State) and to
Elect Officers to Execute those By
Laws,-which when so made, have all -
the force of the state Laws over those
people; But cannot prevent, and must
not millitate against, or impede, the
Regular administration of the Laws
of the State, over that same Ter-
COMM'UftTICATIOWS.
CHEROKEE CONSTITUTION.
We stated in one of our last numbers,
((hat the Principal Chiefsof this Nation were
-to meet the United State’s Agent, at his re
sidence, for the purpose of hearing a com
munication from the President in relation
-to the newly formed Cherokee Constitu
tion. As many influential men of the ad-
etory and people.
A word or two now as to the Rela
tions, under which you stood to the
General Govournment, prior to the
adoption of said Constitution,
when the United States t ook the Che-
rokees by the hand, and adopted them
as children into the great american
Family, certain stipulations were en
tered into; called a Treaty; By which
both parties were bound; and neither
can annul, w ithout the Consent of the
other.—In which the Cherokees
gave up to the General Government
Certain Rights & privalleges, 'which
in the
example given; must not Contradict
prevent, millitate against, or impede,
the Regular administration of the
Laws made by the higher Powers or
the Existing Treaties. This in my
opinion,is, 1 the Relation in which you
stand to the General Govournment—
In conclusion give me leave to add
a few words of my own; Tlfcy are al
so the words of a friend;
This is an eventfull period in your
existance, as a people; every step
you take is fraught with events.-
It is my advice, to you, To vieW
well the Path you mean to tread; Pur
sue it Carefully, and tread it cau
tiously.—
Hold your Great Falther the Presi
dent fast by the hand dont move a sin
gle step in any new path, with out his
Council, and advice.—a proper course
taken at this time and pursued stadi-
ly; may (with Heavens Blessing) lead
you to Greatness and Renown;-But
one wrong step may be fatal and Re-
medeless.—
Let your path be such as to secure
the friendship and protection of the
United States; & cultivate the friend
ship of the surrounding states; Live
in peace and friendship amongst your
selves;—and may the Great Spirit,
direct your feet in the Right path, and
throw his light around it.' 1 again
thank you for your attendence.
II. MONTGOMERY.
reply to them* and as the #resii
the United States respects all exis
ting treaties with this Nation, we
heartily join with him, heart and hand,
in the opinion, that their stipulations
are fixed and not to be changed* with
out the consent of both parties. It
affords us pleasure, to have listened
to your advice, for which you, will ac
cept of our sincere thanks, and piease
to accept the assurances of respect
and esteem from your friends and
Brothers
(Signed) WILLIAM IIICKS.
JOHN ROSS.
'joining States and elsewhere, particularly
members of Congress, either from misap- I they previously & while in a savage
prehension, or settled determination to op- state enjoyed 1,1 1 : 1
pose every Indian Improvement, have rais
ed th.* cry, that an “Indian tribe in the heart
-of the Union has assumed an attitude of in
dependence, by forming a constitution and
ought to be opposed,” we were fearful that
ihe Executive would make serious excep
tions to some of the principles of our infant
-government. We are, however, happily
disappointed. The words of the President
-contain no intimation that the Cherokees
-ought to he prohibited from forming a Con
stitution, hut on the contrary, that this Con.
st : tution can he recognized hy the General
Government, if its provisions do not inter
fere with the relation existing between the
United States and the Cherokees. It was
never the intention of the framers of this
Constitution, or their Constituents, to alter
that connection. We believe the Chero-
Irecs are aware of the importance, particu
larly at this interesting crisis, when ene-
tnies abound, of holding the President’s
hand, or in other words the General Gov
ernment, and paying a suitable regard to
-the existing treaties. But without multi
plying our own remarks, we present to ou:
readers the letter of the United State’s A-
gent on this subject, and the reply of the
two Principal Chiefs. We publish them
terbatim ad titeratim.
OF
A-
COMMUNICATION TO THE CHIEFS
the Cherokee Nation 16
pril, 1828.
Friends & Brothers
It was in obedience to Instruc
Tions from your Great Father, the
President of the United States, That
I sent for you—you have done well
that you have come;—I thank you for
it—
I have but little to Say to you, and
what I have to say are his words—not
mine
The subject of your having formed
a Constitution, and Constitutional Go
rernment, has Raised a Considerable
Clamour particularly iu the adjoin-
■ibg States-*.
and Received in Lieu
thereof, what was believed by your
Fathers, to be an Equivellent,
You gave up to them, your Sove
reign, Independence;—and the Right
to Regulate all your Intercourse;—
with Foreign nations, or Individual
Foreigners, and with their Citizens.-
And in Lieu thereof, Received their
protection;—In life, liberty and prop
erty ;-But in none of your Treatys
with them, do I find that you gave to
them,-the Right to Regulate your
own Intercourse with each other,-or
to punish your own people for any vi
olation ofyonrown Regulations;—Un
less it is found in that Broad expres
sion; in the lhttter part of the 9th Ar
ticle of the Treaty at Hopewell; (viz) ’
?md to manage all their affairs in
“ such manner as they think proper”-
neither do I find in any of the Inter
course Laws passed by Congress the
Right assumed to inforce a comply-
ence with contracts made between
two Indians,-nor to punish one Indian,
for an Offence Committed against an
other;—within the Indian Teretory.—
on the Contrary, I find in the 2nd sec
tion of an act passed the 3rd march
1817, Entitled an act, to provide for
the punishment of crimes committed
within the Indian Boundary; the fol
lowing proviso, (viz), Provided that
“nothing in this act, shall be so con-
“ strued, as to effect any Treaty now
“ in force, between the United states
“ & any Indian nation;-or to extend to
“ any offence committed by one Indi-
“ an against an other, within any Indi-
“ an boundary.
This Explains to my mind satisfac
torily, what the President means in
in Reference to you; hy “ Regulations
of a purely municiple Character.—
(viz) to enforce the payment of debts
owing by one Indian, to another, to
prevent (or Remedy) wrongs done, by
one Indian, to an other, or punish one
Indian for crimes or offences commit
ted against an other. and to make
Jlgency Cherokee Nation,
April 16, 1828.
To Col. H. Montgomery, Unit
ed States Agent,
Brother.—Your communication
in obedience to instructions from the
President of the United States is this
day received.—We regret to learn
that the circumstance of our having
established a Constitutional Govern
ment, has produced a clamour in the
adjoining states, especially when there
was no just cause for it, as is evidenc
ed from the manner in which Congress
disposed of the subject, " hen it was
introduced before that Honorable bo
dy.
The President has thought proper
to direct you to convene us on this oc
casion, for the purpose of informing us,
that he wishes us distinctly to un
derstand that this act of the Nation,
cannot be viewed in any other light
than as regulations purely of a muni
cipal character, and which he wishes
us “distinctly to understand will not be
recognized as changing any one of the
relations under which the Nation stood
to the General Government, prior to
the adoption of our constitution.”—
These remarks you state contain all
tjie words which you are directed to
say to us.—We freely & with pleasure
coincide, with the Executive in the o-
pinion, that our relation and connec
tion with the General Government, is
not changed, but remains the same as
it was before the Cherokee Constitu
tion was adopted- That instrument
contains a special article, which
states, that all lawful treaties be
tween the United States and this Che
rokee Notion shall be the supreme
law of the land. This proves, the
view of this Nation as to its connec
tion with the General Government
without any shadow of doubtful con
struction. Your explanation of “Mu
nicipal Regulations,” however cor-
rect in regard, to the police or by
laws of incorporated Towns and Ci
ties is inapplicable to the true situa
tion of this Nation, that claims for it
self and always maintained sovereign,
jurisdiction over its territorial limits-—
vou say, that to make it more plain
“ I will give you an example; The
people living in a town, apply to the
Legislature of their state to be incor
porated and it is granted and a law-
passes definining &c.” This Nation
by its own Legislature authorized and
recommended the adoption of a Repub
lican Constitution, which has been
done. It had no relation or connec
tion to a State to ask of it, its consent,
being connected and related to the
United States alone, by treaty. And as
this Nation never surrendered her right
to self Government or the exercise of
its internal and domestic regulation, it
-vas needless to ask for it from the
General Government, to whom, as a
cenerous nation, our improved Legis
lation for ourselves could not possibly
afford any misapprehension, or a sub
ject of disapprobation.—As to you
views of certain passages of our trea
ties with the United States, we do
not deem it uecess&ry at this.time, to
FOB THE CHEROKEE PH0SN1X.
The execution of Sway Back a
cherokee at Crawfish Court House
for the murder of murphy under the
sentence of Judge Brown, is an addi
tional event of the strict prosecution
to some of the Cherokee laws. The
circumstances of this murder appears
to have had its origin in a. drinking
frolick, and committed during a state
of extreme intoxication. The par*
ties prior to this melanchaly catastro-
phy had been known to/have maintain
ed the common habits of friendship.
Hence no cause of malevolence is as
signed to give the least countenance
fur the commission of this palpable
homicide. The weapon which he
employed, was a large oak stick cut
for the purpose of fire wood, on which
had been left some pointed knots from
trimming its houghs, with this instru
ment of considerable weight, the
criminal advanced unobserved be
hind Murphy’s back, who was seated
ne.aT a fire, deliberately and forceably
made a blow on the juncture of the
neck and head, which nearly crushed
to pieces the back part of the crani
um, with this destructive blow death
followed as an inevitable consequence.
There were other Cherokees indulg
ing''themselves in a similar intemper
ance at the same time and place, on
discovering the murder, they secured
the criminal with fetters around the
legs and hands, and kept him in this
confinement until the marshal took
him in possession. But during this
affecting occasion when the marshal
was about to proceed with him to
wards the place of trial, he begged
permission of the officer, to speak the
last words to his child of two or three
years old, though delivered hastily,
yet reflects much credit on the affec
tion of a Cherokee. Permission be
ing given, embraced his child, and ob
served, I anl speaking the last words
—I am on my way to my place of tri
al and death—if I die it will be at
court and not before—but if I live, it
will be after court when lile shall
have been continued and to me newly
exist again—Farewell. How far his
secret monitor of wright and wrong
operated a punishment in consequence
of his crime, may be learnt from the
remarkable fact, that from the time
he committed the offence until his tri
al, which was nearly two.weeks, was
not known to have shewn the least un
easiness of his crime or danger
stranger to inquietude and unconcern
ed in regard to his approaching fate
During his trial on being asked if he
had any objections to any of his jurors
he replied with calmness and appa
rently without .solicitude, that there
were none to whom he objected, for
said he, I know nothing of my act.
After a short trial and painful as it is
to relate, it is nevertheless true, that
he was condemned to die, by the tes
timony of his own wife preponaerat
in* to the truth of the crime. But
during the solemn and iiiay be added
to him an awful investigation, contin
ued without confuse, but inspired by
the poetical line, “ the sons of Alkno-
moek will never complain.”
We are informed that the criminal
was to be executed by hanging.
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— DlrOoPJl.
MACH1NAW MISSION.
From fl Sketches of a Tour to the lakes”
8fc. by Tho’s L. Me Kenney of the Indian
department.
In the afternoon I visited, in com*
pany with Mrs. Stuart, and her amia
ble visiter, Miss , the mis
sionary station, and examined the
buildings and the
REMARKS ON MATTHEW
CHAP. IV. ,
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children. The
buildings occupy the eastern slope of
the Island, and front south-east, look
ing out upon the lake; and are admira
bly adapted for the object for which
they were built. They are composed
of a centre and two wings; the centre
is occupied chiefly as an eating apart
ment, and the offices connected there
with, and is 84 by 21. The wings are
thirty-two by forty-four. The west
ern wing accommodates the family.
In this wing are eight rooms—four
below jmd four above. A communN
cation is had between the west end,
and from the second story with the
second story of the centre building,
which is Hie dormitory. In the east
ern wing, and on the second floor, are
the school rooms; and beloiv are apart
ments for various purposes. The di
ning room is in the centre building;
and is thirty-eight feet by twenty-one,
and here one hundred and senen little
foresters eat, and are happy. There
are apartments in the eastern wing,
in the ground story, for shoemakers
and other manufacturers.
Every thing in the building is plain.
There are no mouldings, nor orna
ments of any kind. But every thing
is well planned, in excellent order,
and entirely adapted to the purposes
intended to be answered by it.
tn the girls’ school, were seventy-
three, from four to seventeen years of
age. Three .were full blood, the re
mainder half breeds,^and fifteen white
children, belonging to the Island.—
These were examined in spelling, rea
ding, writing,arithmetic, & geography.
In personal cleanliness and neatness;
in behaviour; in attainments in the vari
ous parts of learning that they had been
engaged in acquiring; no children;
white or red, excel them. I could
but contrast the appearance of these
little favourites of fortune with that
of their less favoured sisters of the
lakes, nor get rid of the most agreea
ble surprise at the change which ed
ucation, and good, wholesome food,
had made. There are two daughters
of Mr. Holliday here, children of
great promise—I supposed them to be
about eleven and fourteen years old.
Their acquirements are considerable,
and their appearance and manners
both very fine.
The boys’ school is composed of a-
bout eighty, whose ages are from four
to eighteen years. Eight of these are
full blooded; thirty-five are the chil
dren of the citizens of the island, and
the rest are quarter, or half breedsi
These were also examined in spelling,
reading, writing, and arithmetic.—
Thirty-five write well, and thirty had
made considerable progress in arith
metic. There is one boy here from
the Fond du Lac, upwards of seven
hundred miles distant, & who has been
at school only one year, and writes
a large band good enough for a leger!
He is a half breed. There is another
from the Lake of the Woods!—poor
things, how far they have come to get
light; and how fe\y of the many aril
there who come at all.
REV. JOSEPH WOLFF.
This extraordinary mad, to avoid
the imputation of mercenary motives'
in prosecuting his benevolent labors,
has relinquished his salary, which ho*
says he does not need, as his wife, Lady
Georgiana, has an income of 5001. a
year. IIo has conceived the rather
romantic project of visiting Tombuc-
too, in the heart of Africa, as a meni
al servant to some merchant of the
country! His purpose is thus express
ed in a letter to the President of (he
London Jews society, dated Malta,
Nov. 9, 1827.,
