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VO L 3.]
Tt’iiLISHED WEEKLY
TZ*QT£&3 A. PASTBUXI.
(Jj* TERMS —The W ashington News is pub-
Ishod weekly t at Four Dollars a year ; or Three
Lioilais, if paid one half in advance, U. the oili
er at the expiration of six months.
[IJT No subscription will be received for a legs
<erui than six months.—All must be
paid before any subscription can be
but at the option of the proprietor.
A failure to notify a discontinuance at the
•tid will be couiridereii as anew en
gagement.
l£j J Adverlisei.rents (except those published
monthly ) will be inserted conspicuously at 75 cents
per square for the fust insertion, and 50 cents for
each Routin', nice.—-!f the number of insertions is
liotspecified, they will be continued until forbid,
■und charged accordingly.
ID 3 All advertisements published monthly,
%rill be charged one dollar per square for each in
sertion.
ffij* Letters must be post paid, or they will be
Charged to the writers.
liy For the information of cur advertising
friends, wfe publish the following Late Rtiyiisitcs.
Sales of Land and Negroes, by Administrators
Executors or Guardians, are required, by law,
to be held on the first Tuesday in the month, be
tween the hours often in the forenoon and three
in the afternoon, at t lie Court-House of the coun
ty in which the property is situate.—Notice of
these rules must be given in a gazette SIXTY
clays previous to the day of sale.
Notice of the sale of personal property must be
in like manner, FORTY days previous to
the day of sale.
Notice to the debtors and creditors of an estate,
must be published for FORTY clays.
Notice that application will be made to the Court
•f Ordinary for leave to sell laud, or Negroes,
must be published foi FOUR MONIIIS.
’ “’ ■
Notice.
PERSONS indebted to the es
tate of Charles Mattox, late of
this county, deceased, arc requsted
to make immediate payment, and
those having demands against said
estate, are requested to render them
in, authenticated according to law'.
Amelia C, Mattox, adm’rx.
March 10, 1830. 39—(it
* NOTICE.
All persons having demands
against the estate of Thomas
Eidson, deceased, late of Wilkes
county, arc requested to hand them
in properly attested, within the time
prescribed by law, and those indebt
ed to said estate, are required to
Uiake immediate payment.
Janies Sherman,) |
Philip Combs, j3*
March 4. 1830. 33--6 t
NOTICE,
IN compliance of an act passed at
the last session of the Legisla
ture, the subscribers will let to the
Lowest Bidder, at the Court house
in Washington, on Tuesday the Gth
day of April next, between the hours
of 10 &3o’clock,the recording ofthe
Unfinished Business
in the office of the Clerk of the Infe
rior Court, consisting of about
TB 40 Jk Writs, upward of sis-
JL ty Mortgages of per
gonal property, a few bonds, and
gome matters of minor importance.
J)ue regard will be had to the com
petency of the person proposing to
undertake, and bond and security
trill be required.—-The manner of
letting will be made known on that
day.
Thomas Wootten, J. i. c.
“William C. Allison, J. i. c.
Thomas Anderson, J. i. c.
Lewis S. Brown, j. i. c.
Charles C. Mills, j. i. c.
March 5,1830. —38 5t
Sheriff’s Sales.
WILL be sold on the Ist Tues
day in May next, at the
Court house in Wilkes county, be
tween the usual sale hours, the fol
lowing property, to wit:
Two JVegroes, Daniel and
Charity; levied on ss the property of
Reuben Scott by virtue of a mort
(.„£ Ufa in lUver of Lemuel Woot
ten, and sundry cilicr thus, vs. said
beett.
Stephen A. Johnson, Sh’ff
- March 2, 1830. •
WILL bo sold on the 1 si Tues
day in April next, at the
Court Ijpuse in Wilkes county, be
tween the usual sale hours, t.ie fol
lowing property, to wit:
One gray horse; levied on as
property oi John E- Smith, to sat
isfy a fits vs. said Smith.
Luke Turner, D. S.
JJ&rch 2d, 1830.
WASHINGTON, (GA.) TUESDAY, MARCH 30, 1830.
I be soldo., the Ist Tues
| V ¥ day in April next, -tit the
Court House iii Willies county, be
tweeii the usual sale hours, the fol
lowing property, to wit:
JVine hundred acres of land,
more or less, lying on the south side
of Fishing creek, adjoining Micajah
T\ A..;l’any and others, unoccupied
at presehi; &ui igently occupied by
said Anthony andJL.C. Toombs de
ceased, generally known as the
Springer tract; levied oil as the pro
perty of John T. Craves deceased,
by virtue of a fifa in favor of Thomas
Terrell and one in favor of Sarah
iiilil.ouse, vs Walter 11. Weems,
administrator de bonis iißil Os said
deceased.
ALSO;
One sorrel horse saddle find
bridle; levied on as the property of
Janies Lyon by virtue of an execu
tion in favor of Young Patterson Vs.
said Lyon.
. ALSO
One tract of land Containing
502A acres, more or less, now m
the occupancy of A. L. Alexander,
adjoining Isaac Langdon, and lands
formerly owned by William F. Hay;
deceased, Mrs. Pray, lliali’d Ran-I
dolpb, :;nd land belonging to the es- •
talc of Bavid I fuller, deceased, and
bounded as follows, beginning at a ;
red oflk, and said William F. Hay’s ‘
land, running N. 3, E. C 7 chains, j
to white oak, S. E. 43 chains t<, !
black-jack, S. 19 chains E. to a post j
oak, N. G 9, E. 48, 50, to a red oak,!
S. 20, E. 22, 50, to a maple on the
long branch, tliei.ee down the me
anders of said branch to the incuth
of a small branch near the upper
coiner of a field thence to the begin- j
ning corner; levied on us the proper-;
ty of W. F. Hay, deceased,- by vir
tue of a fifa on foreclosure of a moit-1
gage, in favor of John W. liutler,
executor of Edward Butler, dec’J. I
against John 11. Anderson, adm’r.!
de bonis non of W. F. llay.dec’d. j
ALSO
Two negroes, to wit; Ken &
Jerry, one bay horse and one yoke;
of oxen: levied on as the property of!
Thomas It. Eidscn, by virtue of j
one execution in favor of Joseph W. |
llobinson, aud one in favor of Wil-1
limn Deuring, and sundry others a-j
gainst said Eidsoil.
ALSO,
One bed, eight dutch blank
ets, three dozen plates, twelve small
bowls, one dozen knives and forks,
nine pair pillow cases, twenty head
of hogs, consisting of sows and pigs,
two. cows and yearlings, six den.i
jolins, one fender, one pair shovel
and tongs, one desk, ouu large ta
vern bell, one sign and sign i>ost;
levied on as the property of James
Alexander, by virtue of an execu
tion ill the name of Augustus 11. Gib
son, and assigned by said Gibson,
to Thomas Walton.
ALSO,
One negro boy by the name
of Peter, about ten years old; levi
ed on as tiie property of Felix G.
Hay, deceased, by virtue of a fifa
in favor of Thomas W. Gooile, vs.
said Hay.
ALSO,
Postponed from February.
One hundred and eighty-sev
en acres of land, more or less, where
on Terry Runnels now lives, adjoin
ing lands of George W. Johnson and j
others ; levied on as the property of ‘
Terry Runnels by virtue of two lifas j
from a Justices’ Court, in favor of;
John and James Anderson vs. said >
Runnels —property pointed out by
plaintiff and levied on by a Consta
ble.
Stephen A. Johnson, Sh’ff. i
March, 2d. 1830.
WILL be sold on the first
Tuesday in April next, at
Wilkes Court lii use between the u
sual sale hours, the following, pro
perty to wit:
Two negroes, a girl named
Edney, and a boy named Charles;
levied on as the property of George
Mallory, to satisfy u fifa on the
foreclosure of a mortgage iu the
name of George McKeeu vs, said
Mallory—property pointed in said
fifa.
John Burks, I). S.
February 2, 1830,
I Court
j V v house of Elbert county, on
the first Tuesday in April next,
between the usual sale hours, the fol
lowing property to wit:
Five Negroes, Fanny a wo
man and her two children, Bonaparte
u boy and Mary Ann a girl, Agnes a
girl ynd Martha Ann a girl, about
1G years old; lefied o” -j the pro
perly ot M (lV j.gr \y. Foi tsoil to sa
tisfy sundry fifas, including a mort
gage fifa iu favoi of Merrimuu Sc
Rowland, vs. said fortsou.
ALSO,
Two hundred acres of land,
more or less, on tin waters of YuSs
creek adjoining o*’ Peter Alexander
andoibcis; leviedonas the property
of James su.Lly •; fifa
in favor of Richard Fortson, cx’r. of
Elizabeth Carter, dee. vs. Beverly
Moss, John Moss, John Lewis and
Jutncs Henderson.
Leroy Upshaw, D. S.
February 2G, 1831).
WILL be sold at Elbert court
House on llie first Tuesday
in April next, within the usual sale
hours the following pioperty, to wit:
Three negroes; Dumb, a wo
man, Henry, a boy, aud Tilda, a
girl, one cow uud iudfi two heifers,
two horses, one so Ur and pigs, two
leather beds and furniture, o’iC sor
rel colt, twenty barrels of corn and
three hundred weight of pork ; levi
ed on as tiie property of Charles
Cardin to Satisfy a fifa on the foreclo
sure of a mortgage in favor of Moses
G. Cardin, vs. Charles Cardin, pro*
petty pointed out in said mortgage.
Leroy Upshaw, D. S.
January 28, 1830.
WILL be sold at tiro Court
house of Elbert county, on
the first Tuesday iu April next, with
in the usual sale hours; the follow
iug property, to wit:
One negro fellow by the name
of Charles levied on as the proparty
of Patrick Butter to sutioty . tU'u ou
the furecro-... ” oi Mortgage in favor
of Francis VV. Iving Vs said Fat rick
Butler, property pointed out iu said
Mortgage. ALi>o,
Oue roan horse ; levied on as
the property of Barnett Gaining to
satisfy u Mortgage ti fa in taVor of
Abner Well vs Burnett Guiding pro
perty pointed o'tii by said Well.
Mat tin Deailvvylcr, Slie'iL
January 23d 1830.
lie sold on the first
¥W TitcSbay in April next, al
the court Ittn.fe iu Vi ilkes county,; j
between the usual side hours, the lot-1
lowing property, tcuvk:
Postponed from March.
Four negroes, to wit; Lofty,
Washington, Sam, and Tied; all le
vied on as .the property of Willis
Rucker, to satisfy three ii fas, oue in
the name of James VV ulker, and oue
in tiie name of John 11- Walker, and
one in favor of Jfctmbro Standard
vs. said Rucker.
John Burks, D. S.
March Ctu 1830.
WILL be sold at the Court!
bouse of Elbert county, on
the first Tuesday io Ajml next,
within the usual houic of sale, tha
following property, to wit:
One huP'.hcd and fortv-five
acres of knsd, more or less on the
j waters of Deep creek adjoining of
i Samuel Bentley and others, where
on Zee.hariah Scamore now lives;
j levied on as the property of Zeehari- 1
i ah Seatnorc to satisfy u fifa in favor I
of Thomas Oliver, vs. Zechariuh
Scamore, liid jxiinted out by said
, Scamore.
ALSO,
One House and Lot in Elber
ton, containing naif nnucre, more or
less, formerly owned by Joshua Clark
and by him sold to James Edwards
and conveyed to James Donnelly by
William D. Tinsley adjoining of
Samuel Turman and others, known
and distinguished as part ot file Lot
No. 3; levied on as tlie property ot
James Dannclly “to satisfy sundry
fifas from the Superior Court, vs.
said Dannolly including a mortgage
fita in favor of Francis Vy. King, vs.
J nines Daimelly, property pointed
out by plaintiffs.
j ALSO,
One small J ersey W agon, oue
cow and calf, one Bed and furniture;
levied on as the properly 0 p l) UV is
Arnold to satisfy a fifa from the Infe
rior Court in favor of Adam Pitner,
vs. Davis Arnold and Joseph Y. Wil
hite, property pointed out by Joseph
V. Wilhite.
also;
Two hundred and twenty-two
acres of land, more or less, on the
waters of Doves creek (adjoining of
• Thomas Burton and others; levied
on as the property of Ambros King
to satisfy two fifas from a Justices
court, one in fuvor of Jones &, Wes
ton, vs. Ambcps King, uud the other
in favor of William 2£dg> vs. Arnbros
King, levied on and returned to nie
by William Bonds, constable,
ALSO,
One negro vfomnn by th<?
name of Fanny, one negro girl by
the name of Ellen; levied DU as the
property of Elijah Presley to satisfy
two fifas issued from the Superior
Court of said County, one in fuvor-of
James Dillaid, Seu’r. vs. said Pres
ley, one in favor of Thomas Oliver,
vs. said I’icsly and jolin S. lliggiii
bothum, and one otiier fifa issued
from the Inferior Court of said Coun
ty in fuvor of John VY. Carter, vs.
said Elijah Presley } including U
mortgage fifa in favor of Simeon Ol
iver, vs. said Presiy the projierty
pointed out by the defendants and in j
said mortgage.’
ALSO,
One sorrel Mai“ and one sor
rel Coll; levied on as the property
of Thomas Knott to satisfy sundry
fifas, vs. said Knott uud William A.
Horrii.tr, property pointed out by
James Oliver.
ALSO,
One Ccht & Calf, one Patent
Clock; levied on as tiie property of
William King to satisfy sundry fifas,
vs. said King, property pointed out
by the defendant.
Also, A Postponed Sales
feighty acres of land, more or
Jess, vviiercuii William Bonds now
lives on the waters of Doles ei‘eek
adjoining tlm lands of Thomas Bur
ton, George Upshaw tind others; le
vied on as the property of William
Bonds to satisfy u fstu’ in favor of
Jones & Weston, property pointed
out bv tiie Plaintiffs.
ALSO,
One hundred and fifty-four
“‘■.i:s of land, uiure or iess, on the
waters of Broad River whereon Jesse
Nelms now lives adjoining the lands
of vv dlium Trammell uud others;
levied on as the property of the said
Jese Nelms to satisfy a fifa in fav or
of Jesse brown, vs. said Nelms, pro.
perty pointed out by the plaintiff.
Martin Dcadwylcr, Sh’rt".
February 2G, 1830.
from the Athenian.
JUDGE CLAY ION’S OPINION.
\ C pmsuiifvlu our readers 10-ddy the decision
bf Judge CLAitoN, in the case oi the Slate vs.
blunders, and others, liidiuus. We hufw
t>o‘in struck vv ith the similarity of reasoning Vipou
several jiOnu, a. tins opitaou, wiffi *► 0 | the re
port ol iVlr. a.. 11 in the iiviUrC Qi Representatives,
uud wc coasKtdf i; ***Vcto L iayton to state,
that his opa’/.y!, was delivered before the report
Vl :vb Lull had come to hand.
‘i'his decision will be taken up to the Supreme
Court Ly u Writ of lirror—When the question
will, for the first time so far us Georgia is con*
ceifiiiu, undergo a solemn adjudication,
11 ACL SLTLKIOU COURT,
Tiie State, A
vs 1 Indid:,lent,
JotoN Saunders, ; J’aLc Imprisonment, and As
uud others { sau.'f a..d iS^lerpl
Indians. J
I'lra to the jurisdiction of the Court.
The fallowing facts in the case, urc submitted:
One Jesse Slaasell, a white man ami a resident
Citizen of Habcrahaia county, in this Slate, was
arrested bv an officer of the Cherokee Nutiou, for
the dime of horsestealing, and brought before un
auilioiiacd M agist rate aud a jury of said nation
I euipaimelled for tiie purpose of teviug said case.
That the delemhmts coiistituled Ike Court, n:ui
the officers utcOusaiy to the execution of their
sentence, ami the evidence exhibited before said
court, /nosed that the *aid Jesse btanscil, had
hired a h<n se to ride aboqt two miles, mid that af
ter riding that distance, he had taken the liberty,
without permission from the owner, to ride Lis
horse sixteen or eighteen miles, aud that ht had
declared his intentiuu to ride the horse out of the na
tion, and thus :r.al:e him his own properly, but had
not carried llmt intention into effect, in view of
tiffs evidence, the jury declared the said Jesse
friaascii to be guilty of horsestealing, which ac
cording to the laws of the natiou, xubjecied him
to a puuishnient not exceeding one hundred lash
es. And accordingly the said Jesse Stanseli was
bound, siript, ami received fifty lashes on his bare
back.
The fried founded upon the above facts, is sub
stantially this-, that the Cherokee nation of IncTi
aus is an independent government, and entirely
separate and distinct from that of the State of
Georgia. Thitt they have the right to establish
laws and regqlatious different from those of Geo r
gia, and that by one of their laws, tL..y had the
right t'J di) vvhat i9 chaffed them; that
[New Series—No 4!-
the offence aliedgctiv^a?committed wi.liio .he 4
tion # and is no crime by tl*u laws of their go ve. n
tnem; and that the CuurEs of GeorgLi have no
right to entertain jurisdiction of said case.
The law of Georgia under which the case
brought into this Court, was passed oil the if Ist of
December, lgffff, and after attaching certain porl
lions of th* nation tu the adjoinii.g fron
tier counties of this State, aud particularly th-$
pAft of it to llall county, n which Hr* offence id
said tu have been committed, Las (he following
provision, viz: “all offences committed within
j ti;*? said tracts of unlocalod territory agaii.st
state, and all crimes comuiiUed ur pirso jcitp
ZENS of this state or of the United tfad
titled to the privileges aforesitid; 6? aoainst k n /
of die citizens of this state or the Uuiitd Situ it a,
shall be tried and punished in tiie county t*
which the territory, in which the said crimes end
offences shall be committed, is hereby added nn4
annexed, iu the sunie uianiier as if said crimes or
offences frerocommitted within the limits of ~py
of tiie organized counties of this state.
it is obvious that the object of the above law
was to extend the criminal laws of the stale over
the Cherokee nation, in a limited decree The
jurisdiction was not intended td reck to caei
where Indians alono wefe concerned, butoi y 41.
those offences committed by or agetmst cltiz nti
If a crime was by a citizen againsi .r*
Tiidkin, or by an Indian against
fender became immediately amenable to our
Courts ol justice. Ami the only enquiry tvciihl
be, upon the commission ol an offence, coubt ouV
Courts take cognizance of (tie same, piovifcd it
had been committed. ‘Annin the limits of an
nized county? Lpi us apply this rule to tbo rase
at bar. Suppose the defendants, or indeed the
.same miuiber of white uieu w ith no otlifer author*
iiy, had arrested, tried uini punished a citizen 4
the same manner iu the town of
would any one dispute this Court’s jurisdiction
over the case t ..
Lut it is denied to tue state of Georgia, the
right to extend her luw over the Cherokfee nation*
This brings us to th consideration of a subject
that seems to have created much more exchemcni
abroad than at home, u..d although it might
Uiis is not the proper place to notice any
tiling foreign to the immediate question before usl
yet as the whole character of the* state, iilcludi gs
its Courts of justice, have undergone the
iinplitiitions. a sense of self respect, requires that
A full iuvestigtxUyu Os this subject sbould be hat!*
if not to disabuse DUhii* opinion, at least to r/'pel
unjust charges against the civil institutions c f
coutitn Nothing 1 trust shall escape me, in be*
becoming the moderation due tu the station 1 fiijf
nor is it intended to offer any thing from Ik fa
place, disrespectful to the opinions of others* it fa
earnestly desired, Unit wbatccCr is laid hayonm
w hat is absolutely necessary to a dec:;it iol hi
legal question, may be received u: a- * • • n*
did enquiry, and übpsidcred altcgct er i cfeasiv^
I proceed by laying dowu the ltd .. .. t , . ci
ples: That when the states declared thcmse.vea
independent of Great Urilaiii, each possessed prtl*
wisely the same rights, sovereignty and territory
whicliThcyiieldJuuder, or belonged to that m iop t
except wh (lever may have been delegated tu
confederation.
That no part ofthe territcfjS or the juvisdictiod
over it, was relinquished by the states, ill the artij*
cles of coil federation, but on the contrary was tsf-r
prcssly refused (See 1 vol. Secret Journal of
Coaveutiow, 2‘J&, 2G2, ti&O, 3TB,
-H'J.) t
That at the recognition of the Independence or
the States by Gieat Rriiain, each state still
its seperate territory, jurisdiction ard sovereignty*
in as full, ample, and complete a manner, as if ib
had remained attached to said government, or
been alone detached from it.
That if there bad never been any oniu, eack
slate would have asserted and retain J, without
any question, all these rights.
That neither of these rights ever been re%*
iiiiquished by the states to the General Govern
meat, in the Federal Coustituaon, but on the con
trary was expressly refused. (ee Journal of*
Federal Convcntioii,pages 70, 277, 309, 310.)
j hat so far as Georgia is < ohcfrned, they hattj
never been relinquish! and by ajiy convention ot
treaty made by the General Government with her,
aud if made with any other power on those sub*’
j4.ts, U void.
That the Inuißa? hliro never been Considered,
or treated by any ofthe states ofthe G ueral Cui
vermnetit as citizens, or entitled to the privileges
of citixuns, nor ha\e they been permitted any
where in the United States or its territories, to set
up for themselves independent Governments A*,
a people, they have been denied the r; e int fil gui*
fra re and representation in ai wV ol the
Territories or the Fedei&i Qi)lJ
states within whose limits tL*’ f u u i )ave t j, e t . x .
elusive urisdiction and overybem, except
in such cases as the u<'; gl j tutloll 0 f s h e U. States
has declared otherwise.
Jjyfc !"T?*ouig, it is confidently maintain
mat Georgia, wiihiu her chartered limits, so
far as relates to territory, jurisdiction and sever-}
oignty, ii supreme, and no other power whatever,
has any right to question it, only so far as she lias
parted w ith either by any written instrument.
And it is most positively denied that any instru
ment exists by which Georgia has transferred to
any state, or the General Government (except as
to a part cf her territory, and sites for Forts aud
ArsenftU) any part of the aforesaid rights, and
that none can be produced. And tin? fact that a
part of her ‘Territory and sites for Foils mid Ak
senals, have been puivliasOll by the General Go
vernment from the state, is a clear recognition of
the above rights.
l am aware that it is claimed for the General
Government to protect the Indiaus. within the
limits of Statcfc, from two sources. Ist, from tho
Federal Constitution, a'nd 2dly, Qrom treaties. s
Let us impartially consider both gtous-ds. J
have already stated, that when the Federal Con
stitution was under consideration, the very snl j-cl
wc are now discussing, was distinctly brought to
the view ofthe Convention, as is indisputably at*
tested by the journal of that body, and vv&i ii.o*|
unequivocally denied to the. General Government.
If the journals ot deliberative assemblies, are tak
eu for afiy thing, it is inconceivable how such a
pretension is set up for that government; and if
they are not to be regarded us evidence of mo*
tivys or intention, why are they preserved ! Why
recorded and published/ Belie;- far to destroy
them, and let the instrument, whose history urn}
consummation they pinprut io give, speak tor ib*
seif, and then wc should be spared :hc murlihcu*
tiuu of ty itucJsiiig tbs exercise of power, falsified
by stubborn aud notorious fac.4.
But in this case, lot jiff result iu the instrument
itself, iu no part ol it from il.v beginning to the
cad, can the word Indian, or any thing relaiii £
to that name, be found except in one solitary
place, and that is the following, “the Congress
shall have power u> regulate commerce with for
eign nations, and among the sever**! stairs, and
with the Indian Gibe*,.” Wow 1 a k, cun it be se
riously contended that from the pow er ioregidat*
commerce with the Indian tribe i. the states have
surrendered the light to extend ih nr crimiii*}
laws over suqh ti ihe* as may be found within
their limit* / if such u doctrine be *.*auiauied f
whut will be the copacquu*ce7 h it uut peiw