Indiana Intelligencer, Volume 5, Number 219, Charlestown, Clark County, 23 October 1822 — Page 3

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CI1A11LKST0WN, IA: VVei'NK.sdav, 0(Tor.F.R2 ?, 1822.

We were visited by a very great fall of rain which commenced on Friday j;Jst, and continued (with little intermission) until Sunday morning; the water course in this neighborhood rose to a great height. We have not received mi account of the damage done, except on Fourteen Mile creek, we hear, that Mr. I. Howk's mill dam is very math injured. The Hon. Wm. W. Wick, presiding "judiie of the. 5th Judicial Circuit of this atate, has decided that the statutjf JTiding for trials by jury, before a justice of the peace Gr riots, routs, affrays and Reaches of the peace, is unconstitutional. The clause of the constitution -which this statute is supposed to contravene, provides. ' That no person arretted, or confined in jail, shall be treated with unnecessary rigor, or be put to answer any criminal charge hut by presentment, indictment or impeachment."' A imilar decision has been made by the Hon. Judge Call, in the Ht Judicial Circuit. If these decisions are recognized as L'ood law, all otlicers who haw: eollected fines under the statute will become liable to pay back the same: and those who have been tried and paid their fines, will he subject to indictment and punishment, in the circuit court. Id. Farmer, It is understood that Samuel M err ell of Vev-ty is to be a cnichelate lor State Treaswcr, at the election next winter. From the custorn of the states, the Treasurer is nohit.g more than an accounting officer, and tf he understands addition and multiplication, and is a man of integrity, so as to keep the fund s,afe, appears to be allthit is sufficient. Notsowihdie Auditor, as the '-u-itorn has made him iht fi unci alofli-er. the be-t financial talents in the st-.te a e requisite, to giye dignity 'O the office., and perfection to ur financial system. Of a 1 1 the men, who have been concerned with the finances, on the several Committees of Ways and Means, we should give Gen. Samuel Milroy, of Washington county the preference, and next to him Jeremiah Sullivan, of J ffer son cou'.ty There may be other of whm we are not appriz d whose p i. r-if) cations to fill :he oflie.e would i( iioiior to the st-ite, should neither of those Gentlemen mentioned be ch-pised '.o serve. The experience of the six years of the State Govern inent, which have nearly expired, demonstrates the necessity of the Legislature's looking out fo financi il talents, if they wish to get out of the present embrrassments, and maintain a dignified attitude with our neighbouring states. Ind. Goz. The opening of the road from Lawrencehurgh to this place was let for $D:$3 a,' (leaving a balance of U 4 J V t in the hands of the commissioners to e expended on this road,) a distance of

miles 212 perches, and to be com-

idetcd within three months.

We lind that the commissioners on the roads from Brook villc and Centerville, are about expending their proportion of the three percent, fund on parts of tlie roads that least want repair. Wc think this the height of injustice. Why tint expend the money equally on the road from beginning to the end thereof f It is true the law does not compel them to do it; but fair play says it ought to 1! so. IndianopoUs Cunt He. We are infoinvd that a company has Wen formed on White river, 3 or 40 miles below this place, for the purpose manufacturing salt. They have been successful in procuring salt water of a pood qualit v. and have now one furnace, and contemplate putting others in opera t ion shortly. Ihiil. Loscf.viTV. There is now living at tne Bl,.i; ,.( White river, a Mr. Suui-

Wcrs, Bjjftd i 1 0 ycaui.ii

eldest child

is 93 years old, and his youngest14. Mr. Summers enjoys good health for a man of his age, and can read the smallest print without the aid of glasses. -Ib. From the Indianapolis Gazette, Sept. 28. At a meeting of the citizens of Marion county, held pursuant to ad journmenr. at the house of Jacob R. Crumbaugh, in Indianapolis, on the 28th of Sept. 1822 James M'Ilvain was appointed Chairman, and James M. Ray Secretary. The committee heretofore ap pointed for that purpose, now make their reports on the respective sub jects referred to them, which are ap proved unanimously. On motion- Resolved, That the editors of the Indianapolis Gaz. be requested to publish in their pa per the report on representation and taxation. The reports on fur ther donations to the county for completing the Court House and for a county Library, and the report on the improvement of the navigation of White River. JA'S M'ILVAIN, Chaiman. J. M. Rays Secretary The committee elected by the cit izens of Marion county. on Satur day the 17th day of Aug- 1822, to whom was referred 1 . The subject of their being taxed without representation. 2 The funds which the legisla ture of the state of Indiana, ought in justice, to grant to this county for the erecting of a temporary Capitol for the legislature of the state to serve as a court house for the Fed eral and Supreme Courts. Also the funds which ought to be granted to this county for a public library, agreeably to the 5th section of the 9th article of the constitution of this state 3. The propriety of improving the navigation of White river 4 The equity of granting to the tenants on the donation a longer term of years, And 5. The justness of granting to those settled on reserved lots, the liberty of removing their improve ments, after these lots shall be sold respectfully report That, in the opinion of the committee, for this state to tax the citizens of Marion county, without their having the liberty of choosing one representative or more, in proportion to the population of the county, is a direct violation of the 7th section of the 1st article of the constitution of the state of Indiana. This section reads thus: "That no man's particular services shall be demanded or his property taken, or applied to public use, without the consent of his representatives, or without a just compensation being rendered." Your committee humble conceive that the 2d section of the 3d article of the constitution of this state, making it the duty of the legislature to cause a census to be taken in the year 1820, and in every five years thereafter, and which, it is said, induced the legislature at their last session, not to allow representation to those residing in this county, does not prohibit the legislature from causing a census of the state, or of a part of the state to be taken in any less period than five years. The evident intention of this clause of the constitution is. to proportion the re presentatives agreeably to the popu lation ; and to effect this, the constitution makes it peremptory to take the census, at least, once in five years. But the legislature are certainly, in the opinion of the committee, at liberty to take the census oftner; espe ciallv when without this, many of the citizens f this state would be

lilt 1,1 - 7 . . . deprived of their constitutional rights ,

and theretore the original this clause defeated 3ut. . as no census has been taken of the inhabitants of this part ot the Newl urchase, the constitution has been literally violated, for it says in the last cl.use above cited, that the legislature shall cause an enumeration to be made of all of the white male inhabitants above the arc of twenty one year,. It appears by the last apportionmen act,anprovedJan.the2d,1821. that the lemslature h,d then no scruples

Inni u' C' WlkWr'Ukawj

having been taken of its inhabitants by the state, and before the act was even approved making if a county. Iet jusiice be impartially admiuistertd. When ycur committee reflect how tirely taxation and representation should be connected in the mind of every true American when they rtfiect that the violation of this very principle, but forty-seven yearn since, was the original and fhcieut cause of the separation of the U. States from Great Britain when they take into consideration the firmness with which the Americans then met the United force of ihat kingdom the freedom with which they spilt their blood for the redress of this very grievance your committee are induced to recommend to the citizens of Marion county, not to ask repre sentttion as a favor; lut at once to as sume the bold language oj remonstrance and demand it of the legislature as a right Nolli vendemus, nulli nega b mus, ant d fferenius rectum vel justitiam. In ihe opinion of your C' mmittee, were they to use any other 1 nguage on this u! ject, they should show themselves unworthy descendants of the patriots of '76. Though your committee feel cu p lied to use this frankness and ener gy of expression, when your birthtights, purchased by the blood of your ancestors, have been disregarded, (iharity and hame forbid to thirk that these birth rights, have ben wilfullv trampled on.) yet in the spirit of true patriotism, they also recommend to you, to pay the tax of the prtsent year frc y and rely on the sympathy and justice of the ensuing legislature for rtdress.

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Avrrnorr. A Ch,r:vir.nn ma neihr horin town u iu u piiMic honc over his pot of heer, from his dr attracted the notice of a country I. id wno h td nl down in tlie same loom. After

the latter had eyed lain akanee the Parson for a short lime. lie. in,! 'in

profession by hi hahit, Itemed to hae

n certain paisac in the .Scriptures explained to him. In reply to hia request, the parson, after ipiaHiur his malt, ei.cpiired, " IVay, Sir, what htisiut are you.'" ' A 'weaNer'1 was the repb. Then, Sir,'' (retorted the I)i ine) "on did not come here to iriiiic, neither 'did 1) preach?" Adjust .Yeirs Ltttir.

OBF.D FOOTK,

Wm VV. WICK, Isaac coe, H. M CUKUY. MOHRIS MORRIS, ALKX. RALSTON,

JOHN HAWKINS, J Editors of newspapers in this state, are rt quested to publish the above.

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Sheriff Sales. There will be exposed o public sle, to the highest bidder, for rea 'y money, at the Court House m Chi'lestown, on Saturday the 2(1 day of November next, the undivided third of an out lot in Clarksvdle, No. 11 Taken as the proper-y of John Weathers, to satisfy an cxceu ion in fivor of Aron Prath r. ALSO. On the same day there will be of-' fered for sale, to the hiqhest bidder, in Charlestown, one lot in said town. taken as the propeity of John Weathers, and known on the plan of said town by number two. to sa. tisfy ao execution in favor of William Gibbs Hunt, against said Weathers and Kczin Redman. ALSO, On the same day there will be offered for sale, to the highest bidd -r. in Charlestown, two acrts of ground, lying adjoining the Lots of said town, part of tract, number, one hundred and eighteen, (lis) with its appurtenances , gv-n up by the owner tr satisfy an execU'ion in favor ol Rh--da Bra ma i and James Braman, administrators of Jas H aniHii, dee'd, Wm. H. Moore, dcp7y. sh'ff., for J. S. Shnonson, Shj c. c. October 23, 1 22.

FalKGoods. fl A R P E R & N I C H O L,' Have received and opened a fresh supply of GOODS, suitable to the present and approaching season, which makes their assortment complete they consist in part of the following, viz:

Super and common blue, black and gray V Bed-ticking,

Cloths and Coatings,

Cassameres and American Cassanetts, lied, white and yellow Flannels, Red Docking, Blankets, Haiii and bordered Cassamcrc Shawls, Canton and Italian Crnpes, litack India Sarsenetts, Sutir.s, Florences and Persians, Calicoes, a splendid assortment) Plain and lipurcd Bombazetts,

Muslin Robes,

j Worsted and cotton upendef X Worsted Capes and Comfortable?, v Ladies' black worsted and white cotton H Hose, 0 Mens1 mix'd cotton and lamb's wool, j-: 1-2 do. C Ladies' silk, kid and beaver Glove9, ; do. warm lined beaver do. ( Mens' buckskin, beaver and woolen do. V (Jommon and superior straw iionnets and t Rands,

Cambrick, jaconet, book and mull Mus- K Plain and figured Taffeta and satin Rib

hns, :) bands, Valentia, Marseilles and swansdown v Real and imitation shell Combs, Vestings, i) Barber's rack, ivorv and pocket do. Power and steam loom Shirtings, !: Wax and cut glas Beads and "sWklaces, S-4 ft 7-8 brown and bleached do. Mens' and boys' wool Hats, PluiadelPlaid and striped Domestics', v phia make, &x. &zc. i-c. Furniture and apron Checks, Further enumeration they deem unnecessary ; but would invite their friends and customers to call and examine the quality and prices, as they are selling at a very small advance. They have aiso received of Hard-ware, Queens-ware & Groceries, a general assortment: Whiskey, Bees-wax, Ginsang, Flax & Tow Linen, Jeans and Linsey, Woolen Socks, Butter & Eggs, will be received in trade, for Goods, or in payment of Debts, the same as cash. CO" As a last call, they request those who arc indebted to them, to make immediate settlement, as they are determined to do u cash business in future. This will please be taken as a nytice directed alike to all. Charlestown October 23, IS 22.