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Cf*Mn IT VI CAT I )V S. CHEROKEE CONSTITUTION^* We stated in one of our last numbers, that the Principal Chiefs of 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 elsewhere, particularly members of Congress, either from misap prehension, or settled determination to op pose .-■very Indian Improvement, have rais th cry, that an "Indian tribe in the heart ■ofth ■ Union has assumed an altitude of in dependence, by form : ng a constitution and ought to be opposed," we were fearful that Xh" 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 be prohibited from forming a Con stitution, but on the contrary, that this Con. st'tution 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 kees are aware of the importance, particu larly at this interesting crisis, when ene nres abound, of holding the President's iand, 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 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. Communication to the Chiefs of the Cherokee Nation 1G A psil, 1828. Friends & Brothers It was in obedience to Instruc tions from your Great Father, the President of the United States, That 1 sent for vou—you have done well that you have come;—l thank you for it— J I have hut little to Say to you, and what I have to say are his words—not mine The'subject of your haying formed a Constitution, and Constitutional Go vernment, has Raised a Considerable Clamour particularly in the adjoin ing States-* J It has been brought before the Con gress of the united Slates —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 uly 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, will 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 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, what I understand by municiple Regulations, 1 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 Incorporation, to pass for their own internal Regulation & Gov ernment ; To make this more plain, I will give you an exainple-lhe people living in 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 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 miilitate 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 General Govouynment, 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 Family, certain stipulations were en tered into; called a Treaty; By which both parties were bound; and neither can annul, without the Consent of the other.—ln which the Cherokees gave up to the General Government Certain Rights & privalleges, which they previously & while in a 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 tind 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;— U nless it is found in that Broad expres sion; in the latter part of the 9th Ar ticle of the 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 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 rn 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; by " Regulations "f 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 T ndian for crimes or offences commit ted against au other and to make such other Regulations as in your Judgement will promote good order iir sosciet); kiih a view to the Happiness & prosperity of your people- But these Regulations, as in the example given; must not Contradict prevent, millitate against, or impede, the Regular administration ot the Laws made by the higher Powers or the Existing Treaties. This in my opinion the Relation in which you to the General Govoumment— 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 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 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 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*fcght around it.' 1 again thank you for your attendence. H. MONTGOMERY. Jlgency Cherokee Nation, April 16, 1828. To Col. H. Montgomery, Unit ed States Agent, Brother.—Your communication in obedience tb 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. 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 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 contains 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 territorial limits— you say, that to makg it more plain " I will give you an example; The people living in a to\vn, 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 lion 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 srenerous nation, our improved Legis lation for ourselves could not possibly afford any misapprehension, or a sub let of disapprobation —As to you views of certain passages of our trea ties with the United States, we do not deem 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. It 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 PHffiNJT. 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* e.d 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 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 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 am speaking the last vvomls —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 liie shall have been continued and to me newly exist again—Farewell. How far his secret monitor of vvright and wrong operated a punishment in consequence of his crime, may be learnt from the remarkable fact, that from 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 bis 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 be 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 during 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 w r as to be executed by hanging. REMARKS ON MATTHEW CHAP. IV. MACKINAW MISSION. From "Sketches of a Tour to the lakes'' Src. 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 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 familvi In this, wing are eight rooms—four below and four above. A communis cation is had between the west end, and from the second story with the second story of the centre building, which is the dormitory. In the 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 twcnty-one r 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 purposes intended to be answered by it. Tn the girls' school; were sevwtyv three, f roar four-to Mr, 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 ve. w 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 foodj had made. There are two daughters of Mr. Ilolliday 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 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 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 come 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/. a year. lie 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 Pres'dent of tho 'London Jews society, dated Malta, Nov. 9, 1827.