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forth with be attended to; and for all that relates to goodness, the white man is to be invoked; but over all of them the creator reigns supreme, enthroned above in the centre of these four points. His eye at once beholds them and us. He knows every thing which each and all in this world can do or thijk; and he best knows what may for each be best. To him, after first invoking the man of the east, (the sun,) and the man of the north, and the man of the west, and the man of the south, to him, the greatest and the head of all, must be offered up our final, and the most fervent of our prayers.

The beginning of one of these prayers was with much difficulty drawn by ihe writer of these pages from one of the most aged and intelligent of the Cherokee, who is since dead. He was in the habit of using it himself, and regarded it with special veneration. Of course it is impossible to render it literally into English; but where it has become necessary to convey the meaning by paraphrase, it has been done after conscientious study and consultation with natives well versed in our tongue. Brief as the passage is, it contains, in the original, some words of the “old language,” which we have already refer:ed to, and which words are now grown obsolete. Among them, not the least remarkable is “Ho, yannah,” with which it commences. The supplicant ascended by himself, at sunrise, to the top of a high mountain, and there began a long invocation, as follows:

“Hoyannah to thee, oh, almighty one! Hear my prayer; the prayer of him who is of the acorn (by another interpreted holly) clan! I have purified my feet from the dust of the earth on which I am a dweller, until they are white enough to bear me to the high places, even above the tree tops, where I may commune with thee undisturbed by aught which can interrupt my attention; for there, minds encounter no obstruction from the things of the world, but can look straight at thee, and behold thee clearly. Shake not from thee our minds, oh, almighty one! ours of the seven clans of the red clay. Thou hast already driven off from him who now supplicates before thy throne the power of the evil bewilderer of slumbering hearts; and in so doing, for inine thou hast shown love. Continue that guardian love, oh, almighty one! and suffer not my heart to fall away from its devotedness to thee!"

In the foregoing, something of the sun worship, as stated at the beginning of this section, would seem to be traceable; but with modifications. Here, for example, the supreme intelligence still directly supervises human affairs, which is not supposed in the earlier form. The other beings who share with the red man (the sun) in the government of the earth, it is somewhat difficult to explain. It is found, however, and especially of late years, that almost every one of those in the nation who bears the name of conjurer, forms his own mythology, and falsifies the earlier. Thus it happens that the four beings just

* Sick, ah, tow, ah, through two interpreters, to the author.

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invoked as men, are sometimes prayed to as four dogs,—the great black dog of the west, and so on.

Various other fantastical imaginations are found among the Cherokee; from which we proceed to select those which appear to be the least recent.

A female, for example, is held in special honour, and identified with Indian corn or maize. Most of the all night dances refer in some way to her, as did some of the ceremonies in the green corn festival. А legend in relation to her will be given in another place. A female called “the woman of the east,” is also mentioned with much reverence. Allusion will be found to her in an appropriate part of our proposed work.

Thunder was adored; or rather thunders, for there was supposed to be many, stationed, or dwelling, in different places, each charged with a specific duty. A very exemplary Cherokee, after having fasted seven days, it is said, went to the top of a stupendously high mountain while it was thundering, and there saw the beings whence the thunder came.*

They paid a sort of veneration to the morning star also; but rather as an object of fear. They say that long ago a very wicked conjurer committed murders by withcraft. The Cherokee combined to slay him. Hearing of their purpose, the conjurer gathered his shining instruments of mischief, and flew upward to a certain height, where, pausing, his apparatus made him seem a star. He then became fixed to his position in the sky, and is prayed to, and assists all who desire to kill others by witchcraft; or bewitches any proposed victim, and does the killing for the applicant himself.

The cluster, usually termed the seven stars, was regarded with peculiar reverence. We have not met with any prayers addressed to it, but there is a wild legend of its having sprung from a family of eight boys, brothers, who were wont to steal into the town council house and beat the drum which was kept there for public solemnities. Some of the elders of the tribe reproving them, they took offence, and seizing the drum, darted upward with it, beating it in defiance as they ascended. On the way, however, one of them came down with a fall so hard that his head struck deep into the ground. He was transformed into a cedar. The tree is to stand for ever. It has the peculiar property that whenever bruised or cut, it bleeds like a human being. The rest of the seven brothers mounted as high as they desired, and then became seven stars. This narrative is, no doubt, allegorical, but no clue can be found to its signification now.

There are many other celestial objects denominated ancients, and varying in figure, colour, and office. They are said to be stationed in different parts of the firmament, and prayers are frequently directed to them. May not these have been at first distinguished persons, whom after death the people deified?

* The same worship also existed in Peru.

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Certain birds and creeping things also received homage; but only as intermediators, never as objects of direct power or worship.

A curious account of a very remarkable crystal,* or divining stone, used in ancient times by the Cherokee, is given in the introduction to the chapter on festivals. The author remarks: “We have thought it convenient that it should be preceded by some particulars regarding a sort of talisman which was uniformly employed on all solemn occasions, and for which no title more significant occurs to us than that of the divining crystal. Under this name, therefore, we propose to relate all that we have gathered upon the subject.".

The divining crystal formed a very essential part of the apparatus of the ancient Cherokee priest; and though it does not seem to have been always a portion of his dress, it was indispensable to his vocation. The Cherokee name for it was Ooh,t lúng, sah Tah, which signifies, Light that pierces through, as through a glass. Light, simply, is 1, ka, ka, ti; but Ooh, lung, sàh, tah, is more significant, and implies both a light piercing quite through what it falls upon, and a light conveying through the substance of which it is composed instruction to the observer. So sacred was this stone, that it was death for any one who had not been sanctified and initiated for the purpose, to touch it. The priest would sometimes wear it on bis breast suspended by a string, but always hidden from view,—the Oole, stool, eeh, at the Ah, tawh, hungh, nah,—that is, propitiation, or cementation festival, as will be seen in a future page, and the Aska, yu, gu, sti, qua, or great warrior alone excepted. The latter hung it by a string round his neck, wrapped in a weasel skin, dressed entire. If the warrior was killed in battle, it was the first aim of his own warriors to snatch the crystal from his bosom and guard it reverently; but it was the first object of the foe to wrench it away and crush it between two stones. All who carried the talisman, the great warrior, as we have before said, only excepted, concealed even the knowledge of the place about them where it was worn. Such as were not borne about the person of a priest, were treasured up in a holy box or ark, or carefully folded in seven deers' skins.

Accounts are given of five different sizes of this talisman. It was in shape a hexagon, and composed of crystalline quartz; but many persons fancy that this was only a substitute for diamond, which, in the earlier times is said to have been its material. How the supposed magical properties were imparted to it is not explained; we only know that each priest was possessed of one, and that all sizes were consulted with equal confidence, and held in equal honour.

The larger of these crystals was used for divining the results of war. The ceremonies on those occasions will be described under their appropriate heads.

* Similar crystals were sacred among the Australians.-See Gray's Australia, Vol. II.

† The first syllable pronounced like the ho in the word who.

The crystals used by civil priests were of a size smaller than the one employed in divinations regarding war. The former were devoted to ascertaining whether sickness was to be apprehended either by an individual, or farpily, or town. When sought for that purpose, a sacrifice was first offered. This being over, the stone was so set either upon seven deers' skins folded, or on a post covered with fawn skin, or in some crevice of a house, as to catch the first rays of the morning sun. If the omen were favourable, a bright and unclouded blaze would appear in the stone; but if unpropitious, the stone would look blue and smoky, and just as many would die as appeared lying in its right side. The crystal was consulted for the same purpose by the people, in large bodies, on certain occasions. For example, on the great moon, as it is called; that is, the first autumnal moon, at which the ancient Cherokee commenced their civil year. This time being come, before sunrise in the morning, the priest of each town would gather all the men, women, and children of the place into one building, and seating them in rows with their faces turned towards the east, would open a crack in that side of the place, and so set bis divining crystal i here as to catch the rays of the rising sun. Receding about four feet, with his eyes rivetted on the stone, and his face turned towards the sun, he would make a prayer. As he would pray, it is asserted that the crystal became brighter and brighter, till a brightness as dazzling as that from a mirror with the glare of midday full upon it, would first strike the under side of the roof, and then moving back and forth, and then descending lower and lower; it would at length glance towarıls the people as they sat. Over such as were to die before the return of another quarterly new moon, the light would pass without the least illumination of their persons. Credible witnesses of this superstition aver that they have actually known instances wherein this brightness has failed to rest on those it passed among, who have all died before the termination of the following three months. During these ceremonies, the priest never touches the crystal; he simply stands by and repeats his prayers.

The crystal used for recovering things lost or stolen, was less than either of ihe former. After setting the talisman in the sun, and praying for instruction, the priest would see the object in it, together with the thief.

That employed in reference to hunting was of a still lesser size. After an appropriate prayer, and an advantageous a ljustinent of the crystal in the morning sunlight, if a buck were to be killed, it would be seen in the stone; if a doe, a tinge of blood would appear; but if nothing, there would be no change. When used during the actual chase. it would be fixed on a stool at ihe river bank, covered with seven folded deer skins; and success was inferred from the appearance in it of a multitude of deers' horns; or failure from that of few or none.

The smallest crystal of the five was employed to ascertain the length of life. If the inquirer was to attain old age, a figure would be seen in it with gray hair and a long white beard.

CONSTITUTIONAL HISTORY.

CONSTITUTION OF NEW YORK.

BY HON. B. F. BUTLER.

The change from one system of social economy to another is often accomplished by convulsions as great as those which mark the first transition from chaotic confusion to a state of established order. We are apt to expect some decay in prevailing forces, some dissolution of existing restraints, before those ihat are destined to succeed them can assume vitality and vigour; between the laws that have just expired and those that have just been created, an interval without law; a pause to commemorate the passage from the one era to the other, by its independence of both; a period of disorganization unchecked by past legislation or present authority; a crisis of abuse which previous wrongs could scarcely justify, and subsequent reforms hardly atone for. But the change which we are now contemplating has been accompanied by no such disastrous effects. It has proceeded with much of the physical stillness and something of the moral grandeur which attend the great processes of nature. Demanded by the exigencies of a free people: controlled by their active will; established by their deliberate sanction; whatever may be our individual opinions as to its present value or possible results, it is a fresh illustration of the force and dignity of republican institutions. It teaches, with a new emphasis of cheering encouragement and significant warning, the great lessons of American freedom-change without violence; progress without disorder; revolution without anarchy.

As we look more closely at the new edifice, and its various parts, we are instinctively led to compare it with that in whose place it stands. Nor are we content thus to limit oui examination. We would visit the original foundation; trace the history of the successive superstructures; and note the times and the persons, when and by whom, the corner stones were laid, and the several fabrics erected or demoJished, altered or renewed. We would mark the form and style of each, and make some attempt to ascertain its value, and to determine the merits of its authors.

Aside from the pleasure which a liberal curiosity may derive from these inquiries, they answer one of the highest ends of historical research. "The organic laws of a community, and the changes which from time to time are made in them, are the most authentic proofs of its civilization - the most instructive monuments of its progress

At the commencement of the revolutionary struggle, the wants and impulses of the times brought into existence, in this colony as well as in the others, governments by congresses and committees, informal and temporary, in character and duration. As the conflict went on,

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