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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