Indiana Gazette, Volume 6, Number 43, Corydon, Harrison County, 13 November 1822 — Page 1

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.Bristledtr; fillAXDON Si Co. Publishers of the Lavja 65 the United States.

VOL. VI.

CORYBON, (INDIANA) WEDNESDAY, NOVEMBER 13, 1822.

No. 40

Tlt.'TTEO AND rCBLISHED TVEETILT, P-T" BRANDON, & Co. Conditions. The Gaztlte is delivered to subscribers at the 9 Sice, at Txco dollar per annum, paid in advance, wiih the ad-it ion ef Twenty five Cents forcvpry 3 mo-'-.elay in the payment. Suhscnptio Jdistance, or out of the county of Hnnisonvtte required in advance, aiul no continuance without, unlets at the option ot the Editors No subscription for less than one year A failure of paying arrearages, and giving notice of discontinuance punctually at the close of the year, will be. considered as a subscripiion for the year Fucc.ecdin, and the paper will be accordingly forwarded as before. . Advertisements accompanied with the cash, will be inserted three times at $1 per square, aii J 25 cents for each continuance. Advertisements will not be continued for m.re than ,ne year, unless payment is made for the first yer.r. Letters and commanications addressed tc the Eumrs m:it be post-paid, or they cannot dc attended to. A List ofL&tt era Remaining in the Post OfTice at P.leviine, Ind on the first Monday c0:i. 1822, which if not taken out v do re the 1st of January next, will be sc;t to the General Post Office :s dt&d letters. L Iachel larasos Wiliam L.afcev.

IS D:xor Bs ov. n J k v Bru; -r '.Vm Um.hiil Tito.. Uutler C "Willun Co::, John C;er. I) Kinnith Dye. ,r G Jas." Gartan David G'dstrap li Absalom Hart K

Joseph K"!nkaid.

M. Elijah MQso S.rnucl M efc ftwbert Mitr.hIl Thos. Mileg&u O Henry O,;don Gootlrain Oldham P MaryPioer,5 Joseph Ptei3 P. Michael Kiohfcrds T Sheriff -Lawfer ce county, Samuel Simmons.

JOHN BRUvVM ? m

Palestine, Out, 1st, 18"2 ' 4To Tvfo Dott&ra Xcwurd. JUMPED ui of the Subscribers Pasturt on Wednesday last: u tiaili CHESNUT SORREL HORSE, Wkh a small white s'r on rsis fo; jhesrf, the hair is rubtd of? ol the near side c! his hack uruitr ths ssddIe,one tiind f-iot btlitvi d to be white but no: r-cjUectcch which, ah ail lound: . Wi.ocvcf dtiiwrs. the above dcicrib r.d horse to Simon Gloves on the wattis ct H.g Indian Creek,. Hamsun wtUiUy Ind shall have the aforcsai I reward and cil reasonable charges

JACOB BARE.

O't 5th, 1822,

47 r.t

PROCLAMATION. " Pursuant to the command of his Excy Ratliff Boon Lien tenant and acting Governor and commander in Chief of the State ef Indiana. There will o- au Election held on the fourth Monday in November nest, in the County of Hatrison. in each and t?very Township in said covinty, at the u sua 1 places cf holding Elections in taid Townships, where the qualified lienors of said county are requested tu attend then, and there to elect one Associate Judge, to fill the vacancy occasioned by the resignation of Peter M'lntosh; whtre the several Inspectors of toeir respective Townships are strictly required to attend, and conduct the s.ibe. And the m uinor cf

r returns shall be in conformity t'J

tver: under my hand this fourth

her 1822

DAC&S, s h.c. rr

9 WTi oTTSsio

AUCTION SALE. .5 largty splendid, extensive assortment of FALL GOO DS, TS ROBT. Ct. OBJ&SBT, -'A tin Louisville Auction Marti On Monday ) Tuesday. Wednesday , Thursday . Friday If Saturday, 18th, 1 9th, 20th, 21st, 22(1, tSf 23d Noveiaber, instant, AND ALSO, On the Nights of the said days. Super Mack, blue and mixed Cloths do. Cassimeres and, Cassinetti 2 1-2, 3, 3 1-2 and 4, Point Blankets 6, 7, 3, 9, 10,11, 12, 13, 8? 14 1-4 Rose Claaketa Super Valencia and Mcrscilles Vesting, assert ed patttrna do. Hue; black, brown and crimiou Booiba zetts Printed Calicoes, assorted, (some very superior) Cambric Ginghams and Seersuckers Inured and plain jaconet Robes Cambric, jaconet, mull mull, book and leno muslins Steam and power loom Shirtir3 and She- tin 5s, Dandy Cravat, MaJrass Handkerchiefs and chintz Shawls Jriah Linens, Platillas and brown Hollands Super furniture and apron Checks, (British) Black and colored Senshaws, Sarcenets Levan tines and Florentines Ciicppa Itomals and b?ick silk handkei chiefs & uit . Siik and k Gloves, asserted Ribbons in set", jla'n and fiur?d Vwikhi nnd Canton Crapes, fancy colors LaJies' an,': gn tit man's white and niarb!? hose and h.Tff hese Domestic Plaid. Stripes, Chambrays & dmiim dx.. b:-onn and bieathed SLirtiugs and Sheetings Furniture and apron Checks and Tickings I; n's Thread, floss cotton and Ccttcs kails, assorted colors Cases Straw "Coimets ,37 CASKS AND CAsHardware and Cutlery, Knives and forks, pen and poc'uet, dirk, shoe 4r I it'her knics Eallhii.gcs an.i Screws, assrtftcd Shor :m kers' hnnsmers, Pincers and fack9 Ivliil, cross cut, whip, rat tail and handsaw Files d Curt v Cc-rabs, Carolina Hoe?, assorted sizes Prs Hiige9 and Bureau mountings, complete Kiiub, clooet, stock, chest, cupboaid, pad and trunk locks S'irc;n,ls and girfh Web, assorted London pins, in packs and boxes, assorted sizes Fine tooth, ivory, hair and pocket combs Pesrl, plated and gilt coat and vest Buttons WliiUtmero's cotton ar.l wool Cards, assorted sizes Boston and Pittsburgh Nails, assorted sizes G II OCERIES. flirrels New Orleans Sugar Gunpowder, Imperial antt Young HjsonTea Durham Mustard, in bottles and kegs Madder Indigo and Copperas Nottuegs, Cloves, Ciunamcn, Pimento. Pepper end Ginger Superior Spsuhh 5eg&rs, in auirter, half and w he! e boxes. . Crates Queensware, Pui vp expressly for Retailers. "Boxes Glass Tumblers & Decanters, fcc. . Catalogues of the Crates will be made out in due time. Terms made known on the days cf sale. ,The GOODS are all to hand, and were selectee bv a competent judge, and purchased (solely) for Cash, in Baltimore, Philadelphia and New York, and as the owners hate directed them to be sold Without Rtserte, great bargains may be expected. Louisville, Nov. 1. 473w NOTICE, v The winter Session cf my School will open on the first Monday of December next, in which will be taught the Languages and sciences, commonly taught in public schools WILLIAM W MARTIN. Livonea.Oct 29. 1822. 47 3t NOTICE Is hereby given to all person having- claims a gainst the estate of Jacob M'Cullum dee'd. to exhibit them in twelve months after the 4th day of October 1822, in Spencer county and State cf Indiana. WCHARD BROWN, acW. nfcnECCrY M'CULLUM, awc.

From the A'ationat Int VUOil A VIRGINIA CORBBSPOMDBVT. The question whether the judiciary can declare a legislative act to be constitutional, and therefore void, has been of late revived in K n'ueky, and discussed vrith great animation. v Into this discussion, although it be one in winch all the states are concerned, 1 do not mean to enter J cannot gravely set to work to prove that a judge may rightfully do that which he was appointed 2nd sfiJemnly f worn to do; that is, to decide according to law, and of co urse to decide what is law. Ins tad of discussing the questions I am willing to concede, for a moment, that the opponents of the judiciary, on 'this point, have convinced a majority of the ptoplt ; and ol the legislature cf

Kentucky, that their doctrine is perfectly orthodox, and that to extirpate the heresy which they have detected ard refuted, an amendment should be engrafted in the constitution ol the state, by which the legislature shall be declared to be exclusively the judges, of the conformity of their own acts tr .hat constitution It is manifest; that an amendment of the constitution of Kentucky, 01 this subject, could go no larther. It might declare that the state judgca should consider tvery act of the legislature of Kentucky as valid, in relation to the tatc constitution, until the same should be declared otherwise by the legislature themselves But; it is obyicus, that very little p round would be covered by this amendment, that, in fact, it could not rvach any part of the ground on which stands thr. quejiicn', nov under discu3sica in Kentucky. The collision existing there is not between n law and a constitution of that state, bat between 1 iatv of that state and the constitution of the U S. In such viass, the slate judges, though hoi ding their cjnirAiasiuriS and offices urdtr staic nmhyrry, have a duty to perform which no act of a state, consn uiional or legislative, can affect. Ti.ty a;; hound by an oath, required and prescribed by i'ie constitution of the U.S. to support the onstitntiua of the U. States When, there for?, a law of a stale is relied on. in any case, before a state rcurt, end that law is alledgcd to b. loniraty to the constitution of the U. States, the discussion c the decision, by such court, of the question of constitutionality, would be, obviously, without the purview and scope of the supposed amendment. The right of the state judiciary, therefore to decide on the validity of relief laws as I believe they are called, and all other state laws, supposed to be repugnant to the constitution cf the United Spates would stand, after the amendment, just where it stood before the amendment. So little could be effected by any alteration in the constitution of a state, that I am williug to submit the con-' stitution of the U. States, (only arguendo however) to similar experiment I will not say, that an amendment to the constitution of the U. States declaring Congress to be exclusively the judges of the constitutionality of their cwn acts, cannot be prepared. But I am very confident that there arc sun. 3 difficulties in the way, which hitherto have escaped notice, and that the result has not been duly considered. Supposing the principle and terras of the proposed amendment be agreed on, a corresponding alteration must be made in the oath of office, both executive and judicial. At present we will speak of the latter only. The oath, as it now stands, assumes what is universally admitted, at least in all republics that a constitution, which is . an act of their agents, their deputies, their representatives, and that, in case of a collision between them, the latter is void. In such a case, the course riorv to be peraueet by the judiciary '1

clear; their oath and their duty exactly coinside But if the supremacy of the constitution, expressly asserted by Itself, and always theoretically admitted, is to be practically denied by the judiciary, whenever it is contravened by an act of Ccr gress, it is manifest that the oath of office mut be so modified as to Uave that supremacy utterly defenceless in that quarter where It is alone likely to be assailed. I doubt whether this modification can !e effected. I can form no idea of tho terms fitted for such a purpose. If Congress are to bo the only judges of the constitutionality of their own acts, a further amandment will bo necessary an amendment p'ovidin for the reversal of a judgment or prodeeding, founded on a law, pronounced by that body to be unconstituiinal; providing also for its revival, after being reversed, in case the law should be re enacted; and for its reversal and revival, toties, quoties, according to the t bb and flow of opinion, until tho question is at rest. At rest the queslion may be; but it cannot be definitively settled. The Congrta of 1890 will have the same power that belotigo to the Congress of 1829; and thus, tt the expiration of half a century, or more, a man may get back property which was taken from his grandfather, but which, at the next tide, he may bo compelled to surrender The constitution of the U. States commenced in 1709, and the question concerning the right of Congress to appropriate money to any object connected with the common defence and general welfare, is not yet settled. Some of ou? best and wisest statesmen have beefc embarrassed, speaking one way and acting another. But, supposing these difficulties re moved, the consequence of adopting such a principle by an amendment, iS such as no intelligent friend of limited government can look at without dismay. Th supremacy of the constitution over a law, is as indispensible Tsaye the report of 1899) as tire supremacy of the people over the constitution. This proposition is universally conceded to be true It is universally admitted to be the corner stone of a freo and of course a limited government; yet the supposed amendment subverts it ab imo; and what is worse, admits it to be true, at the very moment of this subveision. The amendment iraplies the supremacy of the constitution, b the nullity, of every act opposed to It; but this nullity, in case of a law, can be ascertained and proclaimed only by the body which enacted the law. This is declaring in substance that tho constitution of the U. States shall bo the supreme law of the land, but an act of Congn ss shall be alone the supreme lav, until Congress shall choose to acknowledge that an error has been committed. It is Needless to dwell on this point. What can bo more absurd, or more pernicious, ihaD to prescribe limits to the exercise of legislative power, and then to leave it to that same legislature to say whether the limits have been transgressed or not. 0 In England, the question of constitutionJity never occurs. There ia no constitution; there is no limitation the regislative power; Parliamentis omnipotent. The Congress cf tho United States would be equally omnipotent, according to. the doctrir.s zi this new school But even this amendment would not provide for a cbss of casts ncssr ous as well as important It wouU not reach the case of a state law, relied on by one party in a federal Circuit Court, and objected to by the other so unconstitutional. . A supplementary amendment however, might be pre

pared, declaring teat the Jude of tlrO United States should consider ell tho. tttsofthe srtettl itatect no ditto?

A. 5 (1