J A 'I M " lTN HpT TTTVT A - mi I RU1HERFORDTON, SATURDAY EVEPflKG, JANUARY l831.' NU3IBER 47. ! S ' . i i ... - v- . -.- I 77 1 i . :. v l ll .1 1 ill H" l -. - : . ; -! i . - -; - 1 W1 i. ". ( : 'II y : 1 n v. ; PUBLISHED EVERY FRIDAY MORNING, BY ROSWELL ELMER, Jr. v Tcrw o subscription. Two dollars and fifty cents, per annum, if paid in advance ; or three dol- lars, if paid within the year: but if delayed after the close of the year, twenty-five cents will be .; added. - No paper will be discontinued until particularly ordered and all arrearages paid, or at the discre . tion of the publisher. i i Advertisements inserted on the usual terms. AH persons advertising will please note the num ber of times they wish to have them inserted, or they will be continued and taxed accordingly, PLEASANT RETREAT ACADEMY. LIIJCOLIJTOn, IT. c. THE Trustees of this Academy take pleasure in announcing to the pubbc, that the exer cises of this institution have closed for the present , tear, under the tuition of ,fHr. 33rajamm JJ. WJC, with much fiatfefaction to, all concerned ; and that they will be again resumed', under his care, on the first Monday in January next. Mi: Dye, since Ins residence at this placed having devoted his whole attention to teaching, we believe no one has ever surpassed him in regular attendance, and that few if any, are better qualified to teach all tte branches of Literature, which are usually taught in such In stitutions. This Academy is situated in one of the most healthy villages in the western part of North? Carolina, where boarding can be obtained in good . and respectable families, either in town or in thei ad Tne prices of tuition, per session, will be as fol- j Reading, Writing and Arithmetic, ; $5.00 ; English Grammar, and Geography, 7.50 ; Latin & Greek languages & Sciences, $10.0Q ; By order of the Board of Trustees. I V MMES P. HENDERSON, Secretary. 1 December 6, 1830. j 45 6w. A LETTER was received sometime since, at JtL thp Post Office in this town, directed to Mr. Ezekiel Ambrose. MrM mbrose having left the county the letter was nqt taken out! of the Office, and was consequently sent to the General Post Of fice as a dead Utter. The head of that Department has examined and sent back said letter, with I in structions to the Post Master to take measures to -deliver the letter to the person to wnbm it is ad dressed and obtain his receipt ; as it was written by Mr. Harvey and Mrs. Johana Mathews, arid or iginally mailed at Boston Mass. &, although the let ler is without an inclosure, yet as it is from Mrs. Mathews it is supposed to be very interestmg to Mr. - Ambrose. Mr. A. at the present time, is supposed to be engaged in the gold mines, of Mecklenburg, Cabarrus or Davidson counties in' thy State, and is hereby requested to cobe forward arid take out s'd letter and pay necessary charges, or it will -be rfc turned to the General Post Office after fortvdayst i . . - GEO. WALTON, P. rvumcnoraton, liec. 30, 1S30. 46 tf UNDElt DECREE IN EQUJY, ON' Monday the tenth day of January next, (be ing Monday of the County Court,) I will expose to sale before the Court House at Ruther f brdton, all the Lands belonging to the Estate of Me late DAVID WEAVER, deceased, compris lag:; : . ' a One tract adjoining the lands of David Hardin, . Beaty, and others, situate on or near Hick . ory Creek. - ' ' ; : - , : One other tract, adjoining Crow's lands Wm. Beaty, and nearly adjoining thcabovementioned. And another tract, joining or nearly adjoining each of jthe aboementioned tracts, also situate on or near Hickory Creek the whole containing about 100 acres. ... j Gold is said to have been discovered these lands. - Terms: One half payable at the end of one year,thef remainder at six months thereafter; the purchaser giving bond and approved . security for the purchase money; V ' Titles will be made srmrdinirlv ' Wl U dered by die Court. 39tf Nov. 5, 1830. T. P. BIRCHETT, C. 8c M. UNDER DECREE OF roILBCIiOSUIlII. T HERE will be sold before the Court House at.Rutherfordton, on Monday the tenth day of January next, (being the .Monday of the County Court,) within the legal hours of sale, Seven sere ' , rc as the property of the heirs at law of EDMUND FEWELL, deceased, contain- ing an aggregate amount of 65 8i acres, or so much thereof as will be "sufficient to satisfy the De- . cree. : . . ; . : t One of these tracts of Land includes a part of the ; Iron Works and High Shoal on Second Broad Ri ver. The other tx lie adjoining to it and ta each other or nearly so. To such persons as wish to engage in the man nocture of Iron, or of other things,, this property -Unay well be recommended as possessing advantages ' rarely to be met with. - j . Terms, Cash in hand. Titles to be executed by I the Clerk and Master. f 39tf Nov. 5, 1830. T. F. BIRCHETT, C. Sc M. NO PUFFS NOR BLUFFS V BUT QTVSSOZU7 FACTO ! ! THE subscriber respectfully informs the citi zens of Asheville and the . pubbc generally, that he continues to carry on the TAILORING ' J "SIN ESS, in all its various branches, in khe shop i iormerly occupied by Doef. J. F. E. Hardy as an p. Apothecary Shop ; where he is ready to j execute all manner of work annfirt;n?n tni k;q r. r k. iness. The subscriber having devoted hjs atten tion to toe above business for many years and in Mme of the mort fashionablQ cities in the JJnited States, feels nohesitation in pledging himself to those wtomay favor him with their patomage, that his wock shall not be inferior to anyin thfeeState ; and havm received the latest Northern directions he flatters himself capable of performing 'every mi' nutia of his business wtth accuracy and despatoh. Respectfully, to the pubhc in ceneral I 43 3w ' " ii Art ..t- r n icon WANTED. ; The subscriber (re- ""u6 """""Mwisnesto purchase 6 or O NEGRO FELL O WSf good field hands and bearing a good character ; ior wnicn ne will pay cash. JA31E9 M. SMITH. Asheville, Dec. 3r 1830 435w A- ' V.t' mm? niririii nil 'inw - v HOUSE AXD ORNAMENTAL nnilE subscribers take this method of inforrn JL I ing the citizens of Rutberford and its vicini ty, that they expect to be at i?utherfbrdton, on or about the first of February next, prepared to exe cute any Job in their line of business with despatch and neatness not inferior to any in the Nothern or Southern States. (CT Business will be attended to on me snortest notice. ; H h ; , ' -A. " ti. W DAVIS, n t f SAM'L D. PEUGH. iJutherfordton, Dec. 15, 183Q. ' 44tf i I PAPER FOR SALE. TW HE undersigned, Paper Manufacturers, at the JL! Houlstoh Paner Mills, can at all timeR fur. nisn any quantity ot and Medium ) . . , Fools Cap; Letter and PAPER ; Wrapping I j PASTE-BOARDS. &c. frc. wluch they will forward on to any of the Southern States, on as reasonable terms for Cash as pan h procured from the North. ) I j Bj Orders addressed x MarshnlV V,-,, geri County Tmnessee-wi be promptly attended . x ixiuv, juna ruiN & RICE. Marshall's Ferry, Ten. Nov 16, '30. 41 1 A 1 SPECULATION (LANDS. .h fin H E subscriber hereby gives notice that he is JJ; dulv atJDOinted thp Atrent nf Jo r & tit -- ; --O' waav U1UUSUQ Uoold Hoyt, Esquire, of the city of New Yerk the present proprietors of the lands formerly owned by Tench Coxe, Esq. ;in the counties of Ruther iord;and Buncombe, called S with power to sell and lease the same and to settle and compromise all questions -in relation thereto ; the Injunction issued at the suit of the re presentatives of James Thomson, deceased, haying been dissolved at the last Court of Equity in this County, as will be seen; by the Decree of the Court herewith published, -lie is now ready to make anyX contracts ra relation to said lands he may think proper, arid he 'invites all persons who have claims to parcels thereof to call upon him and purchase the land or make an amicable settlement in relation thereto.; which the snbscrihor i ut, to co; on fair terms, moderate prices and reasona ble fcredits.1 While he is thus anxious, as far as vos seiue an uuuiroversies m relation : to these lands without recourse to legal measures and does not dwareto take the benefit of improvements made byjnnocent pr ignorant persons, he feels bound to notify all interested that if not so settled he shall be fOhged, as such agent,' to, institute suits against ev ery one who shall be found holding a patent or oc cupying any part thereof, to which his orincinnls have title ; and he suggests to them the policy of done, in many instances for less than the cost of de fending a litigated suit, rather than suffer their pas sions or prejudices to lead them to be mhrll in law suits which must eyentuate in tlie loss of meir improvements and involve them in heavy bills of cost; for whatever interestedand nreiudiced men may say to the contrary, as these lands were enter ed by citizens of this State and patented according to the existing law. thirtv-five Vears fiinpp anii worn sold to those under whom; the present proprietors tiaiui, ior uieir iair vaiue, f anq tne taxes on tliem have been regularlypaid thejhave as valid a legal and equitable title to them as any other title what ever, which" cannot fail to be sustained bv the same ...L.I. 1 ' i - ' : . -V i "lithesome iws wnicn protect the rights and pro cjijt u on uju ciuzens oi iinis state. 38tf JOSHUA FORM AN. Rutherfordton Nov. 4,1830. ' State of North Carolina, i Rutherford Count u. In Equitv. Fall TermL A n ISfTl James , Thomson's Executors, '&c. - i . V ' t. ' ' rs' ! Slnjunction Arthur Bronson and others. PHIS cause coming on to be beard I Bill, the answer of Joshua Forman; agent for the defendauts, the exhibits itherennto and the exceptions to the said answer filpd Aftr solemn argument of counsel, It is ordered, adiud"- cumu ucuccu uy me vourij mat, tne said excep tions be overruled, and that the Injunction obtain ed upon the said J3ill be dissolvedthe costs there on to await a future hearing. I i - i The foregoing is truly extracted from the decree made in the above entitled cause, at October Court ioou, uy t i 38tf ; T. F. BIRCHETT, C. 8c M. i FARM FOR SALE. rrjlHb r ARM ovned by the subscriber !in JLL , Whitesides' Settlement, id this countv. l a- bout 18 miles ! norAeast of Rutherfordton, in the neignoornood ot the Gold Mines. Quantities of gold nave been found on said land, though no con smeraoie searcn nas been made. The sn id Fa rm contains 160 acres of land including a good peachl u.uu apio urcnaru; a smau nouse ; a good . Jjlack smith shop with two fire" blaces. TKa Ws will be sold at private safe, any time' before the se- WBU iuonaay in January next; and if not . dispo sed of previous to that time, willbeanld nt nnftinn Application relative to the terms of sale, can be uiaue io tne suDsciiDer, living on the premises. -y 36tTc i JOSEPH TAYLOR! Rutherford; October 21, 1830. ; 4 FASHIONABLE TAILORLNG. J- tft C. OSBOXLZV. TO ESPECTFULLY inform their customers nnd JLLU the public, that they continue to carry on their business, in the southern part of Asheville, on a more extensive scaie man iormerly, and have made arrangements to accommodate their patrons in such a manner as will give entire satisfaction ; having in their employ several experienced and excellent workmen, they pledge themselves to do all kinds of j TAILORING in as neat, fashionable, expedi tious and durable a manner as can be obtained in the State a whole suit f will be furnished to nnv person! when called for in twenty-four hours after tajang tne measure, lney receive regularly from Philadelphia and New-York Drafts of the, latest American j London -and Paris Fashions, and they hope by their exertions to please their customers, and their liberal prices, to secure a reasonable share ot public patronage. ; j . : Asheville, Nov. 1,1830.-.r 1 33jv I FOR SALE AT THIS OFFIGE. ! gJUPERFINE Letter Paper, Writing Paper a.gCUU CH9VIUWCIU VA IicillKS. State of North Carolina, Superior Court of Law, October Term ISO James J. Hovt. John Ward h; ' ' w .and William Ward - . ll Petition and "ft , ,-,T Irs. , - '' au Waitman Dishuroon and Vacate Grant. Michal Hawkins. "IFT appearing to the satisfaction of. the Court, AL that Waitman liisharoon one of the defend ants, resides beyond the limits of the State i"r It is therefore Ordered by Court, that publication be made e six weeks in the North Caroling Spdctator Western Advertiser: that unless Aha Aif Aa- and fendant appear at the nexf term4 of said Superior CourtJ to be holden in Rutherfordton, on tlie third Monday ifter the fourth Monday in March, next, that Judgment will be taken" pro cofesso against him. I . I - i . Copy Teste. Nov. 18,1830. JAMES MORRIS,' CVk. ' 42 6w pr. ndv. $20 State of North Carolina, ! Rutherford County, iy , ; Superior Court of Law; October Trvn ir-vi jamesj. noyt, John Ward ana William Ward, Petition a?dsci. fa. : 1 1. VS. ' . George Russel and . Vacate, Grant, v. r li i i : John Whitesides: If T appearing to the satisfotion oftheourt that, ju. oeorge nussei one ot lie defendant', resides beyond the limits of the Stale : It is thetrpfW Or dered by Court, that publica ion be made? six weeks in the North Carolina Spectator and Western Ad vertiser, that unless the sai defendant- the next Term of said Courj, to he holden iri Ruth- ertordton, on the 3d Monday after the 4th Monday in March next, that Judgment will- be taken: pro confesso against him. I ' it. Copy leste. JAMES MORRIS, CVk. oy.16,1830. 42 6y ; pt. adfv $20. State of North Carolina!;? Buncombe Vounty. j ' ' . Superior Court of Law October TerjV, 1S30. John Roberts i . A ) j is. PetitionforDiv(ftce. 5 ... Agnes Roberts.) ' f ". lt PPerinS t0 le satisfaction of .Jie Court, that the defendant, Agnes Roberts, is n3 an inha bitant of this State: It ia nrtrTtA ikitUi;. be made for three months in the RaleisJ Star ano Western Arlvorti jot- u k . ri appear at the next , Superior Court of jLaw to be held for the county of Buncombe, atTthe Court House m Asheville, on the 2nd Monday after the 4th 3Ipndaym. March next, then and tliereb "an swer,! plead or demur to the petition filed against her by John Roberts, or the same will t be; taken pro confesso, and heard ex parte.. ' : ! ; jjj Witness, . Joshua Roberts, Clerk of saidourt, at Office, the 2nd Monday after the 4lh Mondav m beptember, 1830. ' . Ii M 3 L J ' 'v J- ROBERTa,' Clerk. 43 3m Pr. adr. $4 50. ill State of North Carolina; ; I ihinr.nmhp l' " ' ' A Mi . z . r H . i " '1. i f : k bupenor Court of Law October tcrw, 1S30.' iiexanaer nenry J ... i . I ) vs. , VPetiUon for dwrce. Happy Henry. - ) 'f - ITT I appearing to the satisfaction of he 'Court, Ii. that the defendant is not an inhabitTjnt of this State, it is ordered that publication made for three months in the Raleigh' Stir, andri'orth Car olina Spectator, that the defendant, IHppv Hen ry, appearat the next Superior Court iof Law, to be held for the countv of Buncombe at? f Pnnrt House in Asheville, on the 2d Monday after the iiiuiiuaj. m xuarcn next, then and there to plead, answer or demur to the petition filed against her by Alexander Henry, or the same will be taken pro confesso and heard ex parte . 1 "Witness Joshua Roberts, Clerk of said Court, at Office, the 2nd Monday after the 4th Monday in September, 1830. ' f . , :'-J- ' J. ROBERTS,' Clerk. ' 43,3m pr. adv. $450. . ' j State of North Carolina-, Buncombe Countv. . ! Superior Court of Law Octoher Term '1ft. . C harles Williamson . ) t .. Pol l: retitionior uivorce ouy Wiiiu rilliamson. ;n li appearing tq the satisfaction of the Court, that 111 the defendant, Charles Williamson, is not an inhabitant of this State; It is ordered that publication be made three months in the Raleigh StarJ and North Carolina Snprt.7tm-. lhit tho Charles Williamson, appear at the neit Superior Court of Law, to be held for the couny of Bun combe, at. the Court House in Asbevllej on the 2nd Monday nfter the 4th Mnn then.and there to answer, plead or dVnur to the petition filed against him by Polly Williamson,' or .i.coamc miiue iaKen pro conlesso, ?and heard i Witness, Joshua Roberts Clerk of iid Cnnrt at Office, the 2nd Monday, after the 4th Monday ': J. ROBERTS, Clerk. 43 3m Pr,dv. 4. 50. .' 1 State of North. Carolina, I Buncombe CSuni.:i:- ?. upenor Court of Law, October. Ttjm,-1830 oaran vicaserfc rs'. George Wicasfr Petition for' Divorce. ITappearing to the satisfaction ofVe Courtj that the defendant is notun inhatttsnt of this fetat6 : It is Ordered, that publication made for three months in the Raleigh Register;: and North Carolina Spectator, that the -defendant George Wicaser, appear at the next Superior Court of Law tobej held for the county or Buncombe, at the: Court House in Ashevrlie', on the 2nd Monday alS ter tne 4th Monday in March next, theji and there to plead, answer or demur to the petition filed a gainst him by Sarah Wicaser. or the sarne will be taxen pro confesso, and beard exparte. ; ; , , I Witness Joshua Roberts', Clerk of ud Court, at wmcp, me Jnd aionday alter tne 4tn Monday in September, 1830. J. ROBERTS, Ccr.: t J j it. aav. -i.uv ' ' I : NOTICE. " . ! I FORE WARN all persons from trading for a Note ofhand of Twenty dollars and fifty cents bearing date the 20tli of Feb 1820, payable to Benjamin Davidson, oCBuncombe county, as I have Puu uim ior me same in jci, as i amjoetermmed nor to pay; tne same unless compelled by law and equity. JONATHAN M. BKYSON ; Macon County, N. C. Oct. 15, 1530 3G 3 COMMUNICATIONS. CONVENTION. Mr. Editor:- Various causes unitprl: have! rendered it infimvenient for ine to resume, at an earlier period, the important subject at which I. merely glanced in a former communication'.' Indeed," it is a subject of such magnitude, and go inti mately connected with the political wel fareand highest interest of the free peo ple' of North Carolina, that the mind al most involuntarily shrinks from a discis sion involving such momentous consider ations. . ' The subject of a Convention freely discussed in our State, as wrll i..tl. Legislature, as through the medium of newspaper essays. I mustcoufess that 1 have undertaken to write udoii it. more with aview to keep it alive to excite en quiry and, awaken the public mind, than qf .sheding additional light,' or of impar- iug io u a consequence winch it does not now possess..; I am aware, thatiunova tionsupouestabhsliedformsof government, are much decried by certain politicians, who are not disposed to recognise a ex tinction between innovation and mere no velty. The term as applied to the aiTairs of government, imports a change or new modelling of an established system, which ume anu experience have shown to be de fective. If this be a correct ifpfinitl tne term innovation, I can see no good reason why the bare mention of it, sjiould excite, such unnecessary alarm. 1U cause we have got along tolerably well for the space of fiity-four vcars. are we tlir- forejto reject the light of experience? If uus ue aaoprea as a general rule, there win at once, be an end to all useful im provement. No individual iti our com munity, who is acquainted with the imner- fectious of man, and the fallabilitv of his judgment, will contend that our Drcsrnt Constitutions perfect, aud unexception able in all its provisions. To assert this would be against reason, and in derora- tion ot the Unnnpoteut llulcr of the fjni- erse, who alone is perfect. ' I am free to aamu, uiut tne "lorui ot government a greed to, and resolved upon, bv therenre- seniauves oi tne irecnieu of the Statb of North Carolina, in 177b " i tlm u-nrL- f meii highly distinguished for their noliti- cal" acumen, and devotedness to the cause oi liberty. ! . i hey were smarting under the iron rod of regal oppression. They were wriuiinr unaer an lnsunnnrtniil r dire wrongs and calamities inflicted by despots," and ccrtainlvhad the most now- erful incentives' to forhr a Constitution uuaiu;"' u.uiiy, xne luture operations of which,! would be most conducive to the general happiness and prosneritv of the. peopie wnora they represented and bv w nose-authority they acted. But, on the other hand, it may be pro per to observe, that our fonn 6f govern ment was' conceived and adonted nmuUt the trj inn- scenes and arduous straggles of w.v, u ii wu, u muu excecaingjy.unpro pitious for that mature reflection ajid calm deliberation, which puhtto controul th judgments of men acting for future gene- lauuus. i x neir minds were deeply agita ted by. that michty revolution. birth to our'independence as n nation. en may tncy be excused for not diges ting a form' of-govefnment adapted. to all timesud ev ery ghange of circumstances. . A Constitution,-although it takes effect inpre$cntitoT so soon as adopted by the people) must necessarily effect i futuro, which ino human power of percep- w. v,t4i yuzziuiy joresee. ina it may not be inappropriate by way of illustration, to remark, that it is frequently found neces sary to amend or enlarge the prov isions of a statue, so as to protect, contingent and incidental rights and interests, which the utmost stretch of our limited , intelligence could not anticipate. This too is neccs - a sary, notwithstanding the law mav h been originally penned with ihe utmost degree ot caufon and technicalprecision, wuu u view 10 its mture openjUons. Our situation is very different now from what it was in 1770. . Then, we were deficient, both in point of population and wealth, & in ascertaining and fixing a basis of repre- sentation,ro tempore we were probably al- 1 143 wucu power ana innuence in the anairs pt state as we were entitled to. T" . wut it seems we were not to remain sta tionary, j As soon as we emerged from a state of colonial dependence, and "when the stonxi of war was gone over," a new impulse was given to industry and enter prise, and wealth flowed in as a necessary consequence. lEver s ince that period, our situation in the West, has been "continually progressive,beyondall calculation, in point of population and governmental resources. Yet the quantum of our political impor tance ha not been increased, but remains bemmed.in by-certain artificial lines, over which we never can come, so long as vrc arc represented according' to the present iuuMuuaonai basts. i According to my views of a represents- ive government, there is something ex ceedingly absurd in the idea of represent ing a County in the StatcLegislature in stead of the people. it seems to be a generally received o pinion that.our Constitution is materially imperfect in this particular. Under this arrangement, the smallest County in the state nas as much weight, and an equal voice in our legislative Councils with the argest, regardless of any disproportion in poinj of numbers. Surely this principle is in violation di every rule of equality and fair representation. . Under this arrange ment, the acts of the minority are abso lutely obligatory on the majority, contra ry to the nature and spirit of a republican gu eminent. ill .the free and independent reDubli- cans in the West, silently acquiesce in such a privation of their rights? Will hey continue to cherish and sustain a ro- vernment, in the political transactions of which, they ire unjustly denied a due par ticipation I These arc questions of the first magnitude, and ought to engage our serious ana solemn consideration. 1 pro pose in my next, to enter into some sta tistical details connected with the further investigationofthis subject. " " HOUTENSIUS: CIIEROKEESTARIFF. Mr. Editor:" Sir, you will obli re a inend hy giving this a place in your valu able paper. Co tfje Drcjlt ctXortb Caratuw. lellow Citizens: In looking late message of his Excellency, Governor uwen, 1 am well pleased with his views on several subjects intimately connected with the interest, happiness, and welfare of the State of which he has the honor of being the chicf(raagistrate. But with re gard to some others as a citizen of North Carolina, 1 am nor.satb6e-ifuiJ. W to offer to you my views upon those par5 of that valuable document, which 1 think objectionableAnd 1st as to that nan in which he recommends the Legislature to extend the laws of the State over that por tion of its territory, occupied by the rem- a i w vneroRec?, who have remained ' within the State. Secondly, the r3art in which he ays "the tariff of dutiei imt1 sed by the Congress of the. United States V upon imports, has ever been deemed not only unwise, but unconstitutional, anrj calls at this time for yoursolemn protest." I shall ta"ke the liberty of observing up on those points as they are arranged, in said message. The 1st point or subject of enquiry is, has .the State of North Car olina the right ot this day, Of extending her U. . 1 TM t . . O aa ucriue ncronee nauon, so far as her chartered limits extend, so as tn siilw ject that nation to their obedience k to vield .-.i. t - iu meir Dinaing enactments J Inorder to arrive at the proper solution of the ques tion, it is necessary and proper to exam ine the situation and character of that people whether they are a free and inde pendent peopleand whether they have been so acknowledged by the treaty ma-, king power of the United States, and by the framers of dur Federal Constitution I Now if the Cherokecs are a free and in dependent people, does it not follow that they have the right of self government. And it matters not whether they have an absolute right to the soil, or only a quali- ficdoneby occupancy. In either case they have the jura summi imperii, or right of sovereignty as long as they' remain in possession. Hut it is contended br tome that they have only a pedes posscssio.tucU has the Iiear or Fox, in traversing the for- cJl. . How far that position may be" cor rect, wheir applied to some tribes of Indi ans in their savage state, it is nol neces sary for roe at this time to controvert ; it is sufficient to prove that such a case is not -applicable to the Cherokee nation at thi . day, they having made a considerable prow gress in civilizationand become. the cul tivators of the soil, in a degree, equal if not . superior to many of the white people, of tbecountiy. Now let us examine thfe' treaties between the United States and the uneroiiee nation, uy which the national character of that people is recognized, and the lands of which they are now in pos?cs- 8ion, have been solemnly granted to them, -by the treaty making power of the Uni ted States. The I st. -was concluded at , Hopewell, on the 28th of November 1785. In the third article of that convention, thd Cherokecs acknowledge themselves to be under the protection of the Government of the United Stated : The fourth article de- ... fines the boundary of ihe lands ceded N1ry i that treaty to the United Sutes:; and ili'rT fifth article prohibits any atizcrt pf tb U nited States, from settling on dry pari, of - ; the land allotted to that nition, westward or southward of that lia$ upon pin:cf 'V n i . . - '! ri i v - 1 a: