J A 'I M " lTN HpT TTTVT A -
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RU1HERFORDTON, SATURDAY EVEPflKG, JANUARY l831.'
NU3IBER 47.
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; 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
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