Cherokee phoenix. (New Echota [Ga.]) 1828-1829, April 24, 1828, Image 2

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    ᎢᏤᎦᏚᎲ; 13 ᎤᏓᎮᏆ, 1Ꭶ9Ꮞ,
ᎣᏥᏁᎩ -ᎠᏰᎵ”. ᎣᏣᏓᏅᏖᏍᎩ ᎠᎴ ᎪᏥᎳᏫᎥ,
ᎢᏳᏃ ᎩᎶ ᎦᏩᏩᏘᏍᎨᏍᏗ ᎤᏑᏬᏨᎯ. ᏩᎦ ᎤᏛᎾ,
ᎦᏁᎦᏢᏍᎨᏍᏗᏃ; ᏩᏍᎩ ᎤᏩᏝᎢ. ᏩᎦ ᎤᎫᏴᏘ Ꭸ
ᏎᏍᏗ. ᎠᏥᏁᎦᎸᎡᎸ ᏩᎦ ᎠᏰᏢ ᎠᏕᎸᎯ ᎠᎫᏱᏍᎨ
ᏍᏗ, ᏔᎵᏉᏃ ᎢᏳᏕᎯᏴᏛ ᎢᎨᏎᏍᏗ ᎩᏄᏛᏗ
ᎢᎠᎫᏱᏍᎨᏍᏘ, ᎠᎩᎾᏉᏃ ᎢᎨᏎᏍᏗ ᎠᎩ
ᏏᏉ.-ᏧᎬᏩᎶᏗ ᎢᎠᎫᏱᏍᎨᏍᏗ. ᎢᏳᏃ ᎩᎶ
ᏩᏍᎩ. ᎤᏤᏢ ᏩᎦ ᎠᏥᏁᎦᎸᏒᎸᏃ ᏄᏚᎸᎲᏮᏉ ᎢᎨ
ᏎᏍᏗ ᎤᎫᏴᏘᏱ ᎬᏩᏁᏍᏗᏉᏃ ᏳᏍᎩ ᎦᏁᎦ ᎤᏁ
ᎦᎸᏛ. ᎠᎴ ᎢᏳ ᎩᎶ ᎦᏁᎦᏢᏍᎨᏍᏗ ᏩᎦ ᎠᎿ
ᏤᎴᎮᏍᏗᏉᏃ,, ᎦᏁᎦ, ᎢᎬᏍᎦᎸᎥᏍᎨᏍᏗᏉ, ᎤᏩᏒ
ᎧᏓᎫᏴᎡᏗ ᎠᎨᏎᏍᏘᏗ ᏔᏢ ᎢᏳᏩᎫᏘ ᏧᎬᏩᎶᏗᎯ
“ᏣᏍᎩ ᏩᎦ.ᎦᏁᎦ! ᎤᏓᏁᎦᎸᎡᎸᎯ, ; 5
ᎠᏢᏁᎩ ᎠᏰᏢ ᎦᎦᎳᏫᏯ,
,’ ᏣᏂ ᎫᏫᏍᏧᏫ, ᏗᏆᏖᏁᏣᎢ ᎠᏰᏢ ᎧᎻᏘ.
ᎣᏏᏳ ᏥᏰᎸᎾᏮ, ᏅᎤᏃᎭᏖᎯ, ᎠᎩᎬᏫᏳᎯ.
Ꭱ! ᎹᎦᏱ, ᏘᏗᎪᏪᏢᏍᎩ ᎠᏰᏢ ᎧᎻᏘ.
“ᎢᎳᏫ; ᏗᎪᏪᎵᏍᎩ ᎠᏰᏢ ᎦᏕᎳᏫᏗ.
ᎢᏤ ᎦᏚᎲ, 13 ᏅᏓᏠᏆ, 1935
ᏱᏥᏁᎩ ᎠᏰᏢ ᎣᏣᏓᏅᏖᏍᎩ ᎠᎴ ᎪᏥᎳᏫᎥ;
ᏕᎦᏚᏩᏘᏒ .ᎠᏂᏏᏴᏫᎭ ᎠᏂᏍᎦᏯ ᏗᎧᏁᏤᏗ ᎨᏎ
ᏍᏗ, ᏩᏍᎩᏃ ᎣᏍᏛ ᎠᎾᏮᏎᏢᎪᎸᎭ ᏳᏂᎥ ᏴᏫ ᏳᎿ
ᎤᏂᏚᎲ ᎤᏅᏒ. ᏅᎦᏍᎪᎯᏃ ᎠᏕᎸᎯ ᎣᏣᏁᎸᎦ
-ᎦᎫᏯᏓᏁᏗ. ᎠᏂᏏᏴᏫᎭ ᎠᏂᏍᎦᏯ ᏚᏂᎸᏫᏍᏓᏁᏃ
ᏄᎢ. ..ᏩᏍᎩᏃ ᎠᎾᏎᏢᎪᎸ ᎠᏂᏍᎦᏯ ᎢᎬᏱ ᏁᎳᏚ
ᎢᏳᎾᏠᎯᏴᏛ ᏭᎴᏅᏛ ᎯᏍᎦᏍᎪᎯᏃ ᏐᎣᏁᎳᎦᏢᏏ Ꭲ
ᏳᏮᏕᎯᎠᏛ ᏩᏍᏘ), ᏳᏂᎥ ᎠᎴ ᏚᎾᎪᎥ ᎠᏃᏪᏢᎵᏍᎨ--
ᏍᏘ, ᎠᎴ ᏂᎦᏘᏅ ᎠᏂᏍᎦᏯ ᎠᏏ ᏁᎳᏚ ᎢᏳᎾᏕ
ᏘᎬᏛ ᏂᎨᏒᏮ, ᎠᎴ ᏂᎦᏘᏅ ᎠᏂᏍᎦᏯ ᎯᏍᎦᏍᎪᎯ
ᏐᏱᏁᎳᎦᏢ ᎢᏳᎧᏕᏘᏴᏛ ᏚᏂᎶᏒᏍᏔᏅᎯ, ᎠᎴ ᏂᎦ
ᏗᏳ’ ᎠᏂᏢᏴ ᎯᏍᎩᎦᏚ ᎠᏏ ᎢᏳᎾᏕᏘᏴᏛ ᏂᎨᏒᎾ.
ᎠᎴ ᏂᎦᏘᏳ ᎠᏂᎨᏴ ᎯᏍᎩᎦᏚ ᎢᏳᎾᏕᏘᏴᏛ ᏭᏓᎴ
ᏅᏛ ᏅᎦᏍᎪᎯᏃ ᎢᏳᏮᏕᏘᏴᏛ ᏩᏍᏘ; ᎠᎴ ᏂᎦᏘᏳ”
ᎠᏂᎨᏴ ᏅᎦᏍᎪᎯ ᎢᏳᎾᏕᎯᏴᏛ. ᏚᏂᎶᏒᏍᏔᏅᎯ,
ᎠᎴ ᏩᏂᎥ ᎠᏂᏍᎦᏯ ᎠᏂᎬᎿᎨ ᏗᎨᏥᎶᏝᎢ; ᎠᎴ Ꮹ
ᏂᎥ ᎠᏂᎨᏢᏴ ᎠᏂᎬᎿᎨ ᏗᎨᏥᏣᏝᎢ ᎠᏃᏪᎵᏍᎨᏍᏘ;
ᎠᎴ ᎤᏥᎸᎢ ᏗᎦᏘᏘᏍᏘᏱ, ᎠᎴ ᏗᏍᎪᏍᎩᏱ; ᎠᎴ
ᏘᏒᏩᎶᏍᎩᏱ, ᎠᎴ ᏓᏆᎴᎷ, ᎠᎴ ᏗᎬᏗᏱ, ᎠᎴ
ᏗᎣᏓᏍᏘ, ᎠᎴ ᏗᎦᏓᎷᎪᏘ, ᎠᎴ ᏐᏈᏢ; ᎠᎴ ᏩᎦ;
ᎠᎴ ᏏᏆᏚ ᎠᎴ ᎠᏫ ᏧᏂᏃᎮᎾ, ᎠᎴ ᎠᏫ ᏧᏂᏍᎩᏙᎩ;
ᎠᎴ ᏗᎾᏕᏲᎲᏍᎩᏱ; ᎠᎴ ᏣᏂᎥ ᏗᎾᏕᎶᏆᏍᎩ ᎠᏂᏧᏣ
ᎠᎴ ᎠᏂᎨᏳᏣ, ᎠᎴ ᏏᏓᎾᏅᎥ ᎠᎴ ᏗᎪᏢᏅᏘᏱ; Ꭰ
Ꮄ ᏩᏂᏮᏴᏫᏁᎬ ᎠᏂᏍᎦᏯ ᏢᏫᏯ ᏗᎾᏓᏰᎯ, ᎠᎴ
ᎮᏫᏯ ᎠᏂᏍᎦᏯ ᎠᏫᏁᎢ ᏗᎾᏖᏰᎯ, ᎠᎴ ᏂᎦᎥ ᏅᏃ
Ꭿ ᏖᏍᏚᎲ, ᎠᎴ ᏂᎦᎥ ᏧᏛᎾ ᎦᎦᏅᎿᏩ;; ᎠᎴ ᏂᎦᏗᏳ”
“ᎠᏃᏪᏢᏍᎨᏍᏗ”ᏄᏍᏛ ᎠᏁᎲ ᏴᏫ, ᎠᎴ ᏂᎦᎥ ᎠᎾ
“ᏕᎶᏆᏍᎬ ᏚᏂᎸᏫᏍᏓᏁᎲ ᏠᏥᏏ; ᎠᎴ ᏳᏍᎩ ᏥᎨᏥ
,ᏁᏤᎸᎯ ᎤᎾᏮᏎᏢᏓᏍᏗᏱ ᎯᏍᎩᎦᏚᏏᏁᏉ ᎢᎦ ᎫᏬᏂ
ᎧᎴᏍᏗ ᎿᏉ ᎤᏂᏍᏆᏘᏍᏗ Ꭸ-ᏎᏍᏗ ᎠᎧᏎᏢᎪᎲᎢ;
ᎠᎴ ᏣᎯᏳᏉ” ᏓᏂᏲᎯᏎᎸᎭ ᎪᏪᎵ ᏳᏍᎩ ᏧᏮᏎ
ᏍᏔᏅᎯ; ᏫᏓᏂᏅᏁᎸᏄ. ᎠᏕᎳᎦᏘᏯ.
ᎠᏢᏁᎩ, - “ᎶᏂ ᎫᏫᏍᎫᏫ.
Ꮙ ᏅᏃᎭᎿᏓᎯ.
Ꭱ. ᏤᎦᏱ, ᏗᎪᏪᎵᏍᎩ ᎧᎻᏘ. Ꮴ
ᎢᎳᏫ, ᏗᎪᏪᏢᏍᎩ ᏕᎦᎳᏫᎥ.
ᎤᎭᎨᏛ ᎪᏪᏢ ᎦᎸᎳᏗ ᎡᎯ ᎤᏁᏨᎯ, ᎢᎩᏃ
ᏁᎭ ᎠᏁᎲ ᎠᏂᏍᎩᎾ ᏧᏮᎪᎢᏛ;, ᎤᎬᏫᏳᎯ. ᏌᏓᏂ
ᎦᎪᎥ ᎤᎢᎬᏱᏍᎩᏃ ᎦᎸᎳᏗ ᎠᏁᎯ- ᎠᏂᏓᏪᎯᏯ
ᎨᏎᎢ;, ᎠᏎᏃ ᎤᏂᏍᎦᏅᏨ ᎾᎿ ᏗᎨᏥᏢᎯᎪᎴᎢ -----
ᎪᎯᏃ, ᏝᏍᎩᏂᏃᏅ ᏗᎪᏩᏛᏗ ᏱᎩ; ᏂᎪᎯᎸᏉ ᎠᏂ
ᎡᎳᏘ ᎠᏁᎪᎭ, ᎤᏂᏲᎰ ᎤᎵ”’ ᏧᏂᏩᏛᎡᏗᏱ ᏴᏫ.,
ᏥᏌ ᎡᎳᏗ ᏤᎪᎮᎢ, ᎠᏍᎩᎾ ᏌᏓᏂ ᏧᎪᎢᏛ Ꮕ
ᏍᎦᏅᎢᏍᏗᏱ ᎤᏲᏎᎮᎢ. ᎬᏂᏉ ᏄᏍᏛ ᎤᏓᏅᏖᏗ
ᎤᎳᏁᎲ ᏓᏣᎪᏁᎴᎰᏏ ᏄᏩᏅ ᎤᏬᏪᎸ ᎹᎦ ᎪᎯ ᏥᏖᏂ
ᎴᏴᏓ. ᎠᏎᏃ ᏥᏌ ᎥᏝ ᎤᏍᎦᏅᎢᏍᏗ ᏱᎨᏎᎢ-----
ᎧᏮᏂᎥ ᏴᏫ ᎤᏂᏍᎦᏅᏨᎯ, ᎤᏁᎳᏅᎯᏍᎩᏂ ᎤᏪᏥ
ᏮᏲᎪ ᎥᏝ ᎤᏍᎦᏅᏨᎯ ᏱᎩ, ᎾᏍᎩᏍᎩᏂ ᏤᏓᏩᎶᏍᎪ
ᏗᏱ ᎢᏕᎲ ᏢᎩᏰᎸᎾᏁᎸ.
ᎧᏃ ᎯᎠ ᏤᏂᎦᏪᎠ, (“ ᎯᎠ ᏂᎬᏅ ᎪᏪᎳ.” ᏣᏘᎭ;
ᎤᎭᎨᏛᏍᎩᏂ “ᎪᏪᏢ ᎦᏛᎦ, ᎤᎶᏖᏰᏃ ᏂᎪᏪᎴᎢ:
ᏂᏌ ᎤᏕᏅ.
ᏣᏂ ᏣᏥᏍᏚᎲᏍᎨ; ᏥᏂ ᏘᏖᏬᏍᎩ ᎨᏎᎢ. Ꭾ
ᎶᏛ ᎤᎬᏫᏳᎯ ᎤᏍᎦᏁᎢ, ᎠᏍᎦᏅᎬᏉ ᎠᏥᏃᏁᎲ
ᏧᎴᏰᎢᎸᏍᏓᏁᎢ.
ᏥᏌ ᏕᎪᎮᎢ ᎠᏂᏔᎵᏢ ᏗᏮᏓᏅᎶ; ᏌᏩᏂ’ ᎡᏂᏗᏃ,
ᎯᎠ ᏂᏚᏪᏎᎴᎢ, “Ꮾ ᏍᎩᏂᎣᏓᏩᎵᎦ, ᎬᏟᏃ ᏑᏘᎦ
ᏯᎷᎥᏍᎩ ᏅᎿᏍᏛᏴᏢᏁᏢ.” ᎦᎸᎳᏘᎴᎩᏂ ᎠᏞᏓᎴ
ᏂᏗᏍᎩ ᎢᏧᏩᏁᏗᏱ ᎦᏛᎵᎢ, ᎠᎴ ᎠᏫ ᏧᏂᏍᏗᏰ
ᎪᏘᏱ ᎤᏲ ᏧᏂᏲᎯᏍᏘᏱ; ᎦᎶᏁᏗᏃ ᎤᎾᎧᏑᎪᎯ ᏧᏮ
ᏢᎪᏁᏗᏱ.
ᏥᏌ ᎠᎴ ᎾᏍᏉ ᎡᎪᎮᎢ ᎣᏏ ᎧᏃᎮᏛ ᎠᏢᏣᎪᏂ”
ᎪᎮᎢ;, ᎠᎴ ᏧᏂᏢᎩ ᏕᎧᏅᏫᏍᎰᎢ. ᏮᏍᎩ ᎠᎴ Ꮒ
ᎪᎯᎸ ᎾᏛᏁᎮᎢ. ᏧᏂᏢᎩ ᏕᎧᏇᏅᏭᏚᎦ; ᎥᏝ ᏅᏬᏗᎹᏉ
ᏱᎬᏗᏍᎨᎢ, ᏗᎾᏓᏅᏫᏍᎩ ᏥᎧᏮᏛᏁᎰᎢ, ᎠᎴ ᎥᏲ
ᏯᎪᏂᏍᎨᎬᎢ, ᏌᏉᏉᏍᏯᎩᏂᎥ, ᏂᎧᏁᎩ. ᏧᏂᏢᎩ ᎦᏮ
ᏗᏩᏍᎨᎢ. -
ᏮᎯᏳ’ ᏭᏂᏍᎩᎾ ᏴᏫ ᎬᏩᏂᏢᏎᎮᎢ. ᎾᏍᎩᏃ
ᎬᏩᏂᏴᏏ, ᎤᏂᎸᏃᏘᏍᎩ ᎢᏳᎾᏍᏗ ᎾᎾᏮᏢᏍᏗᏍᎨ
Ꭲ) ᎤᏂ ᏧᏖᎴᏅᏛ ᎦᏂᎸᏫᏍᏓᏁᎮᎢ.. ᎾᏍᎩ ᎢᏳ
ᎧᏍᏗ ᏓᎦᏘᏃᎯᏏ, ᎠᏂᏍᎩᎾ ᎴᎧᏁᏤᎮ ᎤᏂᏄᎪᎢᏎ
ᏍᏗᏱ;, ᎠᏂᏄᎪᎬᎢᏃ, ᎠᎴ ᎾᏍᏉ ᏴᏫ ᏚᎾᏘᏩᎴ
ᏍᎨᎢ. ᎾᏍᎩ ᎯᎠ ᏄᏍᏆᏂᎪᏕ ᏚᎸᏫᏍᏧᏁᎮ ᏥᏌᏐ
ᎬᏂᎨᏒ ᏂᎬᏁᎮ ᎤᎪᏁᎳᏅᎯ ᎤᎪᏖ ᎨᏒᎢ.
ᎠᏥᏅᏍᏗ. COMMUNICATIODNS,
CHEROKEE CONSTITUTION.#"
We stated in one of our last numbers,
‘that the Principal thel‘sof 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-
Joining States and elsewlere, particularly
members of Congress, either from misap
prehension, or settled determination to op
‘pose every Indian Improvement, have rais
e Ith- cry, that an “Indian tribe in the heast
«of tha Union has assumed an attitude of in~
dependence, by forminga constitution and
ought to be opposed,’” we were fearful that
the Executive would make serious ckcep
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 be prohibited from forming a Con
stitution, but on the contrary, that this Con_
stitution can be 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
keesare aware of the importance, particu-
Jarly at this interesting crisis, when ene
mies abound, of holding the President’s
hand, orin other words thg General Gov
ernmer.t, and paying a suitable regard to
the existing treaties. But without multi
plying our own remarks, we present to our
readers the letter of the United State’s A
gent on this subject, and the reply of the
two Principal Chiefs. We publish them
verbatim ad titeratim.
Lovwvunicarion To THE CHIEFS OF
THE Carroxee Nation 16 TA
pxiL, 1828 y "
" Friends & Brothers %
. Tt was in obedience to Instruc
tions from your Great Father, the
President of the United States, That
I sent for you—yon have done well
that you have come;—l thank you for
it— " ;
T have but little to_Say to you, and
whatT have to say arehis words—not 1
mine )
The subject of yolr haying formed
a Constitution, and Constitutional Go-+
vernment, has Raised a Considerable :
Clamour particularly in the adjoin
fng States—e
It has been brought before the Con
gress of ‘the united States—and the
President has been Ofiicially notified
of it——And has directed me to
¢, Convene the Chiefs, and inform
‘“ them, that he wishes them, destinct
“ly to understand that this act -of
¢ theirs, camnot be considered in any
¢ other light, then as Regulations of
¢ purely municipa*»‘%racter—-And
«“ which he wishes them distinctly to
¢“ understand, will not be Recognized,
‘¢ as Changing any one of the Rélations
‘“ under which they stood to the Ge
¢ peral Government, prior to the a
¢ doption of said Constitution.”~——
These are all the words which he
has directed me, to say to you—-They
Contain but two sentences,—both of
which are delivered with Considerable
emphesis,——auod both of which I
i wish you to understand, Take them
and ponder them over, and over again
—They are the words of your Father
| & friend;—
Tosome of you it may be necessa
ry, to,explain what I understand by
municiple Regulations,——l under
stand them to be such Ordinances,
Rules, or By laws, as the Inhabitants
‘of any City, Town, or other Body Cor
porate, are authorized by their seve
ral Acts of Incorperation, to pass for
their own internal Regulation & Gov
ernment;
To make this more plain, I will
give you an example-the people living
m a Town, apply to the legislature of
there State to be incorporated, and it
is granted, A Law passes difining their
Corporate boundarys, and authorizing
them to Elect conncillars, to make
such ordinances, or By Laws, as they
deem necessary for 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 Laivs 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 cannof prevent, and must
not millitate against, or impede, the
Regular administration .of the Laws
of the State,——over that same Ter
etory and people.
A word or two now as to the Rela
tions, under which you stood to the
Geeneral Govournment, prior to the
adoption of said Constitution,——
when the United States took the Che
rokees by the hand, and adopted them
as children into the great american
I"amily, certain stipulations were en
tered mto; called a Treaty; By which
both parties were bound; and neither
can annul, without the Consent of the
other.—-In which . the Cherokees
gave up to the General Government
Certain Rights & privalleges, which
they previously & while ina savage
state enjoyed.—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 of yonr own Regulations;—Un
less it is found in that Broad expres
sion; in the latter part of the 9th Ar
ticle ofthe Treaty at Hopewell; (viz)
‘“and 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 assume?i 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 on 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 toyou; by < 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 Tndian, to an other. or punish one
ndian for erimes or offences commit
ted against an other.——and to make
such other Regulalions as in your
Judgement will promote good order in:
sosclety; ivithaview to the Happiness
& prosper?y of your people——
But these Regulations, as 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 Kxisting: Treaties. This in my
opinion T™the Relation in which you
@tand to'the General Govournment-—
In conclusion give me leave to add
a few words of my own; They are al
so the words of a friend;
This is an eventfuil 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 Father 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 frieudship 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 hissight around it.——l again
thank you for your attendence.
H. MONTGOMERY.
JAgency Cherokee Nution,
1 April 16, 1828.
To Cov. H. MonTcomEßY, UNIT
ED STATES AGENT,
Broruer.—-Your communication
in ohedience 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, when it was
introduced before that Honorable bo
dy.
y'[‘he President has thought proper
to direct you to convene us on this oc
casiony 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 ‘“distinetly 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
the 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
tiou with the General Government, is
not changed, but remains the same as
it was before the Cherokee Constitu
tion was adopted: That instrument
confains a special article, which
states, that all lawful treaties be
‘tween the United States and this Che
rokee Nation 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 territerial limits—
you say, that to makée 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 @ Stateto ask of it, its consent.
being eonnected 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 mternal and domestic regulation, it
was needless to ask for it from the
General Government, to whom, as a
cenerous nation, our improved Legis-
Jation for ourselves could not possibly
afford any misapprehension, or a sub
iect of disapprobation.—As to your |
views of certain passages of our trea- {
ties with the United States, we do
not deew it necessary at this time, to
reply to them; and as the President of
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. 1t
affords us pleasure, to have listened
to your advice, for which you will ac
cept of our sincere thanks, and please
to accept the assurances of respect
and esteem from your friends and
Brothers
(Signed) WILLIAM HICKS.
JOHN ROSS.
FOR THE CHEROKEE PHENIX.
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
tosome 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
for 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 boughs, with this instru
ment of considerable weight, the
criminal advanced unobserved be
hind Murphy’s back, who was seated
near 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 aninevitable 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 éredit on the affec
tion of a Cherokee. Dormission he
ing givén, embraced his chiid, and ob- 1}
served, I am speaking the last words
—I am on my way to my place of tri- 1
al and death—if I'die it will be at ‘
court and not before—but if 1 live, it
will be after court when life 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 ofience until his tri
al, which was nearly two weeks, was
not known to have shewn the least un- ‘
easiness of his crime or danger, a
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 preponderat
ing to the truth of the crime. But
duving the solemn and may be added
to him an awful investigation, contin
ued without confuse, but inspired by
the poetical line, ¢ the sons of Alkno
mock will never complain.”
We are informed that the criminal
was to be executed by hanging.
REMARKS ON MATTHEW
CHAP. IV.
MACHINAW MISSION.
From ““Sketches of a Tour to the lales”
&c. by Tho’s L. McKenney 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 children. The
buildings occupy the eastern slope of
the Island, and front south-east, look
ing out uponthe 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, andis 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 and four above. A communis
cation is had between the west end,
and from the second stery with the
second story of the centre building,
which is the dormitory. Inthe east
ern wing, and on the second floor, are
the school rooms; and below 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 seven little
foresters eat, and are happy. There
are apartments in the eastern wing,
in the ground story, for shoemakers
and othe: 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 purposeg
intended to be answered by it. s
Inthe girls’ school, were seventye
three, feom-fourto seventomevasns, o
age. Three were fuil 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 va: @
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—l 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 breeds:
These were also examined inspelling,
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 hand 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 few of the many are
there who eome at all.
REV. JOSEPH WOLFF.
This extraordinary man, to avoid
the imputation of mercenary motives
in prosecuting his benevolent labors,
has relinquished his salary, which he
says he does not need, as his wife, Lady
Georgiana, has an income of 500 L a
year. He has conceived the rather
romantic project of visiting Tombue
too, in the heart of Africa, as a meni
al servant to some merchaat of the
country! His purpose is thus express«
ed in aletter to the President of the
London Jews society, dated Malta,
Nov. 9, 1827,