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i
uage of marshal at the same, time and
lace, I am at Ecliota outofoiliee, e-
ct me clerk of the supreme court,
n regard to the past right of the Coun-
il of 1827 to destroy the Constitution,
a matter possessing at this time but
ittle instruction. But tell me not
hat the council had no right to des-
roy that instrument. The national
Council of 1827 composed the great
ody politick of the Cherokee nation;
his was in full and lawful existence.
That Council was the first cause of
he convention, and considering the
latural position of politicks, and the
afest course they had to take, those
n a constitution must be approved by
he great sovereign before it could
ake effect. There must of necessity
>e a tribunal some where existing ei-
her in form or implied to correct er-
ors, for it is fallacious to say that it
impossible for a convention of men
ot to err in the formation of a new
overnment when man is liable to er-
or in the exercise of his best judge-
ent. Suppose there had appeared an
rticle in this complicated instrument,
erogating from the known rights of
he Cherokees, would marshal prefer
t to gu into practical force at a time
vlien a competent authority existed
0 have it rectified. If there had an un
stable article appeared in the con-
titution at the time it came before
i .the Council, this secret implied and
l&tacit bargain of the people with the
invention to establish a paramount
ionstitution, that marshall is so well
mowing, would have been divulged in
hat powerless Council, but in a migh-
:y objection sufficient to arrest any
vrong. In the event there had been
1 wrong principle accidentally insert-
id, the past convention could not al-
er it for it must be an evident fact,
when they adjourned their authority
tvas virtually out of existence. It
ould have been only altered by the
Council or under its authority, the
;reat concentrated power must see
he constitution and consent to be go
verned by it, before it could operate,
consequently a constitution must be
right in every respect before it can
lake effect, and happily this came out
n that situation, accounts for the man-
ier in which the council give their
ipprobation to it which was by the
acit principle, one of all the most
effectual it is the basis of common
awin'all countries. I shall prove
;he right of the council to do any thing
hey choose by an act of the U. S.
reaking the Creek treaty, this was
stronger principle to be annulled
han the one in question; the treaty
as proclaimed the supreme law of
he land and on its erroneous appear-
nce, a superseding treaty was sub-
titutediin lieu of the former. If then a
egislature is able td put tlid supreme
aws of two natioiis out of force, it
ust be a qualified fact the Council
ould object to the constitution if
bund wrong, which the competitor
iews its existence only in theory,
ence, I am compelled to view the
ther side of the question an unsafe
ne\ calculated to defeat itself nine-
limes out of ten cases.
he concession to me of all the room
h the world to handle the subject bet-
er, in certain cases, would have been
more laudable act of marshal, if I
[lad been altogether destitute of that
ight than the manner in which ho has
ssailed the late President for ques-
ions support in due time, arising from
right of legislation. These questions
ave had their origin from his official
apacity. Marshal’s are from the un
controlled passions of the human mind,
It is with reluotance that I am com
pelled to close ^his part of the ques
ition, it being, an intermineable on my
ide, its magnitude cannot well admit
f further discussion. But on the other
and I shall maintain further, notwith
standing marshals position, and those
of whom he has referred to be also
of his opinions, that if the old govt
be yet in existence, as the head body
politic of the Cherokee nation they
can yet, and up to first raonday in Au
gust next destroy the constitution, if
Uny of its articles should appear erro
neous. A CHEROKEE.
SSJb, DOoSEwl 19, 1828.
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NEW ECHOTAi
WEI>N13SI>AY, JUNE 4. 1828.
We addressed a word, some time since,
to our “Cherokee Correspondents,” re
questing the favor of their assistance. Our
list of Cherokee subscribers is increasing,
and we take the liberty of renewing our
request. It is our desire that the Phoenix
should contain more Cherokee matter than
we have been able to present to our readers;
our desire cannot however he realized,
if every thing is to depend upon us, for we
have now more than we can do with justice
to our health. Cherokee Correspondents
would greatly relieve us, and we hope all
those who can write will assist us with their
pens. Wetenderour thanks to those who
have already favored us.
EXPLANATION.
By “principal men of the Nation,” we
do not mean the head chiefs, that is to say,
William Hicks and John Ross, but our
leading men, or in other words, the mem*
hersofthe National Committee & Council
These men we do not believe, can alter
the Constitution in any wav, except that
which is prescribed in the last article of
that instrument.
Our readers will see on the second page,
a communication of “One of the mass.”—
Some time since we published another of a
similar character, written by a different
correspondent. It may be necessary, as an
apology for admitting these pieces into our
columns, to state, that we have, in the
course of our observation, noticed with
much regret,misrepresentations of the char
acter, habits and situation of Indians. Fre-
quently these misrepresentations are made
through false information, and as often they
are studied. We are opposed to every
species of exaggeration, and as one of the
objects of our paper is to correct misstate
ments, in regard to the Cherokees, we feel
ourselves bound to give room to such cor
respondents as we think deserve a place in
our columns, by their temperance, and re
gard to truth. We do not wish to encour.
age unnecessary attack upon any individ
ual of our neighboring states, particularly
upon a person possessing a seat in the na
tional Legislature'of the Union jtohvhich fre
quently we are forced to look for protection.
The individual who is the subject of the
2 communications above alluded to, has ne
vertheless, by his course in regard to us in
the house of representatives, given us suf
ficient cause of animadversion. When we
saw his speeches, we thought that truth was
perverted, and when we considered the.
opportunities he possessed to acquire a
correct knowledge of our condition, (he be
ing “unfortunately oHr neighbour”) we
could not keep ourselves from the belief
that this perversion of truth was studied
and intended to create false impressions in
the minds of the Representatives of the
Union. So thought, we presume, our cor
respondents; aud how far they have reason
to complain, our readers Would easily dis
cover by considering the expressions of Mr.
M. which we believe are correctly quoted
by our correspondents. Those expressions
are indefensible; and we fearlessly chal
lenge every liberal man to come and see
whether such things are correct. Instead
of finding the Cherokees on the point of
starvation, and “subsisting upon roots” (as
a grave Senator lately expressed himself,)
they would be cheered with the sight of an
Indian nation, (to be sure, not a ci
vilized people, in every sense of the word,)
progressing in every department of im
provement, with a speed which ought to
secure a better treatment from Mr. M. and
others.
another hearing, and therefore has sent us a
long communication, which wc reluctant,
publish. We do it more by way of com
pliance to his earnest request to give hin
a place in our columns, than from a convic
tion of the usefulness of his piece, W«■
should have been thankful if he had regard
ed our request and dropt his favorite sub
ject of discussion. Such a course would
have been the best, for w ; cannot see, (as
far as we understand him,) wherein lie has
mended the matter. We see no new light
cast upon the subject. “A Cherokee” per
haps thinks that we have not done him suf
ficient justice. If he is under such an im
pression, he labours under a mistake. We
have endeavored to do him justice, by pub
lishing &. correcting his pieces, tho’ at the
same time we considered him in an error.
When he is aware that we are averse to the
continuation of the controversy, he cannot
reasonably expect us to comet his long
communication, which wetlierefore send to
the press, as it was handed to us.
N. B. Since writing the above we have
received aline from “A Cherokee” wish
ing to recall his communication, provided
we intend to encumber it with our “edi
torial poke-stick.” We are sorry that his
request did not reach us in time, as we
should have done ourselves the pleasure of
complying with it. When his note was
handed to us, a column of his communica
tion was already in type, and we-were told
by our printers that other matter could not
be set in its stead without being one week
later in meeting the mails. We hope this
explanation will be satisfactory to “A Che
rokee.” It is not our wish to have any
thing to do with this “political controver
sy,” Whatever our opinions might have
been on the subject, what they are now
will be easily known from our short re
marks, on the communication of “A
Friend” published in our third number.
lion betwixt the degrees oflight ilia-
ninuting an object by the sun, and by
: lie moon, at equal altitudes, is calcu
lated to be as 90,01)0 to 1, and yet
t he object is distinctly seen. Again,
if a sheet of white cotton cloth, six
feet square, be elevated 24,000 feet,
the eye being supposed an inch in di
ameter, the picture of the sheet on
the retina or optic nerve, in the bot
tom of the eye, will be just one eight
hundredth part of an inch square,
which is the sixty sixth part of a line—
only equal to the OCth part of the
width of a common hair, and yet the
picture is perfect. QueryDo we
contemplate this picture as physiolo
gists suppose, or does the mind con
template the distant object?
Cold.—A grain of gold may be
spread by the gold boater into a leaf
containing 50 square indies; and this
leaf may be divided into 500,000
parts; and, by a microscope, ma;qiify-
ing the diameter of an object 10 times,
and its area 100 times, the 10(‘th part
of each of these, that is, the 5') mil
lionth part of a grain of gold will be
visible.
Matter.—Although odoriferous bo
dies may keep the room continually
filled with odour, yet they loose nei
ther weight nor measure, apparently.
The magnitude of a particle of assi-
fmtida, is calculated to be only the
3S-1,000,000,000,000,000,0001 !i part
of a cubic inch. It is supposed, by
microscopical observation, that there
are more animals in the milt of a cod
fish, than there are men on the whole
earth, and a single grain of sand is lar
ger than four millions of them put to
gether. Ilow much smaller must a
particle of light be.—Boston Trav.
In our 11th number, we earnestly re
quested that the controversy between u A
Cherokee” and “Marshal” might be put to
an end. We made this request for two
reasons. 1st. Some of our readers had
considered the discussion a useless one, and
desired that it might be brought to a close.
2d. Our feelings accorded with those of our
readers. We made the request at
that tim6, because we thought neither of
the parties could complain, the last commu
nication being by way of reply. We had
flattered ourselves that our request would
be regarded, and that our readers Would no
more be taxed with this unpopular topic,
“Money and principles.” “A Cherokee”
has however thought himself entitled to
At a sacramental meeting held on lad
Sabbath, at Hawies, one of the Missionary
Stations of the American Board, we were
gratified to see a large assembly of people,
most of whom were, what are commonly
called, full Cherokees. A meeting of 150
to 200 persons is considered large in this
courtly, &, it is so in truth, when our scat
tered population is considered. Many had
come from the distance of 10 and 20 miles
to hear the word of God proclaimed to
them. An interesting discourse was de
livered by the Rev. Mr. Chamberlain, a
Missionary at Wills Tow n. Immediately
after sermon, ten came forward as candid
ates for the holy ordinance of baptism, who
were accordingly baptized in the name of
the Father, the Son and of the Holy Ghost.
The Sacrament of the Lord’s Supper was
then administered to about forty communi
cants, most of whom were members of the
Church at Hawies, some belonged to the
Methodist Episcopal Church, and we saw
a few who were members of the Moravian
Church. It was a pleasing sight to behold
professing Christians of different denomin
ations uniting in celebrating the dying love
of their common Redeemer, At candle
light we attended a Cherokee meeting,
conducted by John Huss (or Spirit,) who
is an uncommonly interesting man. He
understands his native language only, His
exhortations ave heard with pleasure, as
they are always fraught with good sense
and energy. Asa speaker he has, perhaps,
few equals. His knowledge of the Bible
we thought remarkable, considering his
limited means of information, He is now
in the service of the American Board.
We cannot but consider the Church at
Hawies in an interesting state. God has
evidently blessed it with his own hands.
Its increase has been gradual, and we trust
it will continue to increase and have a hap
py influence on the surrounding people.—
it is now composed of thirty members, ex
clusive of the ten who Were baptized. As re
spects those who are admitted into Church
membership in this nation, it becomes us to
speak in a very cautious manner, for it is
not to be expected that all those who unite
themselves with the people of God will con
tinue steadfast to the end. It is therefore
no wonder, particularly in this country,
where the people are comparatively ignor
ant of the doctrines and duties enjoined in
the religion of Jesus Christ, that some of
those who make a public profession, should
go back to the world. All that a Minister
of the Gospel can do, before receiving per
sons as Church members, is to use necessa
ry and Scriptural precautions, and to re
ceive none but such as appear to give evi
dence ofa change of heart. We are hap
py to say that such precautions have been
used by the Missionaries of the Board.
sixty nine-A particular account of thit
man inuy be found in the 221st No.
Phil. Transactions. The Countess of
Desmond died in Ireland, 1754, aged
one hundred and forty years. Them
is no doubt that long life is partly at»
inheritance—very aged people, most
generally, had long lived parents.
AND
CURIOUS C.vLCULATiONS
FACTS.
The Eyt.—There is nothing more
astonishing in the structure of the
eye, than the sensibility of the expan
ded nerve, on which the pictures oi
objects are impressed. The pfopor-
DIED—On the 27)h inst. about 1 o’clock
A. M. Captain JOHN SPEER, in th«
48th year of his age. Ho was a kind Hus
band, an affectionate Father, a faithful
Friend and a good neighbour.
He has loft a very affectionate wife and
several children to iament their irreparable
loss.
He has served about ten years as f nl or*
E reter for the United States at tlio Cheto*
ee Agency, which office he tilled w ith
credit to himself and with faithfulness td
the government & justice to “his own people.
He was a bravo man in the field, and dis*
tinguished himself at tire battle of the House
Shoe, where he commanded a company of
Cherokees, and where he received a severe
wound in the left breast, which no dotibt
was eventually the cause of his death.
He was confined to his bed about nine
days in great pain, which he bore with pa-
tience and resignation, and at last expired
almort without a struggle. His burial wait
numerously attended, and h ; s noigld (■■ y t
who knew well his worth, sympathizi d
freely in the many tea™ shed by his frier !s,
[Communicated.]
28th May, 1829,
SECRETS.
Czar Peter when he was in Hol
land, hearing there was a man there
in confinement, who had been three
times tortured, but in vain, to make
him discover his accomplices, and be
ing amazed at his fortitude, had the
curiosity to see him, and accordingly
went to his cell, when he discovered
ivho he was to the prisoner, and told
him he was surprised how any man
could have the courage to suffer what
he had done and was still likely to do,
when by a confession he might be free
himself, and at the some time desired
that he would tell him for his satisfac
tion, whether he had any accomplice
or not, and promised on the word of a
king, that it should never go any fur
ther. The prisoner looking at the
Czar with a steady countenance, said
in a solemn manner,'•‘Can your majesty
keep a secret?” The Czar replied,
•‘Yes, I can.”—“And so can I,” quoth
the prisoner.
NORTHERN STAGES.
From attentive observation, on a re
cent day, a gentleman at the souther
ly part of Boston calculated the num
ber of Stage Coaches which passed
his store that day, averaging one for
every four minutes.
There are few points in natural phi
losophy more remarkable than the in
finite diversity in the human figure and
countenance. There are at this mo
ment* 800,000,000 of human beings in
existence, and.no two alike, and yet
all substantially the same. An extend
ed view of this astonishing variety, is
obtained from the consideration, that
siuce the creation of the world, there
have passed away more than a million
times the number now in being, and
that no two of them, or any now in life,
were all alike. And we have reason
to believe, that of the endless myriads
of those which have preceded us, or
those who now exist, and who will fol
low us, each and every one had a dis
tinguishing mark, either in voice, fea
ture, figure, or a certain something
not to be gauged, or measured, and
perhaps scarcely to be described.
LONGEVITY.
When a general census of the Ro
man Empire was made, fay Vespasian*
in the year 79, Lord Bacon assures us,
there were then living between the
river Po and the Appenines, fifty-four
per o is o! L)0 years ofage; fifty-seven
of 1 Ii>: two of 1-25; four of 130; four
of 136; three of 140. In Rimeno
there was one man 150 years of age.
Peter Tort In, in Temeswar, Hunga
ry, died in 1724, at the advanced age
of one hundred and eighty five ! Gil-
mour MeCraindied the same year, hi
the Isle of Jura, nged one hundred eigh
ty! Louis Truxo, a negress, died in
Turcomea, South America, in 1780
aged one hundred and seventy five.
Henry Jenkins, of Yorkshire, Eng
died in 167P, aged one hundred and
Givy .TtMU(W) JIitfEA-I.
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yc AIV.I SVtfT, D„:ZO D4 <lo£.A TS,<.T T«-
SFT. DotS TUlolD AVX(S.y JZ-
l:y OVZ iMtSWJjT.
O’tnv.IO-'T’ DB.
Thn following arc Candidates for till.
General Council of the Cherokee Nation to
represent the District of Coosewatee.
For the Committee.
WALTER ADAIR,
JOHN RIDGE.
For the Council*
major ridge,
TE-SA-DASKI,
JAMES FOSTER.
JOHN FIELDS, Jr-
The following are Candkiates for th*
suing Legislature of the Cherokee Nation*
to represent the District of Chattooga v
Fon thf. Committee.
RICHARD FIELDS,
THOMAS WILSON,
DANIEL GRIFFIN, Jr.
LITTLE TURTLE,
EDWARD GUNTER*.
ANDREW ROSS.
For the Couxciv
BARK,
AHCHILLA smith,
HEAD THROWER,
JOHN RATCLIFF,
LAUGH AT MUSH,
ARCHIBALD CAMPBELL,
SAH-KE-AH,
SCRAPER.
The following are Candidates for the em.
suing General Council of the Cherokee.
Nation, to represent the District of Chicks
amauga.
For the Committee*
DANIEL McCOY,
RICHARD TAYLOR,
JOHN F. BALtfpDGGt
For the CoTirigir .•
NATHAN HICKS,
CHARLES REECE,
CUN-NE-QUOH-YO-GEj
SLEEPING RABBIT,
THOM > 9 M ANON,
TSU-NU-GE.
The following are Candidates for the Go*
net al Council of the Cherokee Natiou to re*
present the. District of Ahmoe.
THOMAS FOREMAN*
GEO. FIELDS,
JOHN MILLER,
YOUNG WOLF,
JOHN WAITS,
CRAWLING SNAKE,
DE-SQUAH-NE,
DEER IN THE WATER.
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AiSJ'V se.VtT.
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tvl- O’Fo^L.I.
ahw©yz.—so-LLy, atjsc&y, lctf-
th, jzbyz.
GS.yz DetAAfFUAy.
SFKS DhB^A.—<m-<r>,
pjy, A.I JHOZJ IU,
ahw©yz.—-o j oFMy, Dipw, (pspa j?y,
Dc»x.a»T., Deoiio" D^Gotasty, uyD, uva*
oiy, DFdVIZ.
IpS^SZ
§FKi DhBAJ).—AGrht, G.yJ, J<VZrf*
Ay z.
vtthweyz.—Jo-y, ipAssfo*-, ©hxay*
Cvedhj”, O’SVVtO-, 0°FBmXZJHTZ ..
D-5AZ DOLAOtrAIAV.
DoSASGjyAy, <nnv.i{wr>, &.A>ivT°, t©*
r.OT, . I AX It, 0*©E«, DIi4Z IGe0TO~W.
NOTICE.
T AKEN un cn Tarripin Cree
Zachanan Srimnons, on the 1 ?>il» inst
f BAY HORSE, with a small while on hit
‘orehead, about six years old. anil five fee
and two inches high, and without are
brand. .T, VANN.
§ April SOth,1828^ * 1J-*.