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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. Who* Rvvap »PK» JlhW©y <y>6TP I— ltT GO DXlWa»JV!i, fGTAS tfttr 0>hl'4- ASPT VAfriiJ ltESAAo* (fwy o’hEeGr.a o^otp »pk» t>y- BoM MPAWO-o*, h»I(*yh hfoBGRT DX- oreaj: aiP(»»4Ba oz?u» tfwy o’e'rps, »<r It»iT 0»h<»XhA<r»T, Dtf *R TCTPAftO-- hEO(P Dh TS7P Ml T-lBOd3 l*R, O’OJtSiyh »prpa 0>4*rxA s<mho“ Gwy; GAyayri c«u»p<}aj[ bx.- ^pa4 Qwyji. o 9 h©w*v*«6yiizp' ojb y- WJifif* O’PBV'V 4 JOt.0-A. ZAA2! ceeBO-X)- AAT TEA OJXi'X O»liE«ff\0 hSl SB 0’ii8- UChRT? EIi«V* TUACw|to* SAA TSTP 4P- AWO*. Mi DPo0t»B.J DlPAS, D«f ES. D4 D.I (T»hAJ9*r T*A t»R ItSPAaAF.T. D4 (TOAAASP -iItI>0A<r> TirO-ltUO-A TS- A IpIiSPA.IoP. T-UAPoSyUZO* DI> TGB- fh A.4ASAT AiSJP ahDOAtJ". trlO-SAE- OZ DhteVh I»R. «oty*V” Ml ASS-9.9. ADZ ©E./lh', SVV- yo, EIiMl TCSUVJ.A KGG-I J«TAbO-A AiS3- DB C.Ah!)’’. 1 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. © TST-T, TCfA.J AS3-9S DB O^'W^O-S*. vui'A sr^yKAhJi t« a a j-r. *tf.aw«v* 4Rui> O'er. jd.° m*- R Dh-h-O., G,3y.r 01 hES. liSS es.l! ‘o~ O’PhES. ll..^$::<^>y«A.v' , , tsi t, 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. SSJt/ D0£A6J°.Iovy ^D AiSJ'V se.VtT. DfiB^j*.—Gh M>SFG<*y <y.IZ E- 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-*.