Indiana Palladium, Volume 1, Number 9, Lawrenceburg, Dearborn County, 4 March 1825 — Page 2

Washington', Ffbruary 16, 1325. To i Editors of the Indiana Palladium. Gentlemen: Receiving to day the '-Indiana Spectator,"' of the 29th of last month, and from reading its columns, as well as from a former number, I find charges against me intended to injure. The charges have emanated from the Editors of the Spectator named

upon the face of their paper, or some dor

mant individual I suspect the latter. In

defence of myself, I ask you to insert this

communication in the Palladium. During the Period that I have been in

the Senate of the U. States or at any other

time, I have never asked of an Editor, to cov

f.r my. public conduct, from the inspectionof my follow-citizens, and I shall not ask it of

you. The liberty ot the Press is secured

by the proper authorities of the country,

under pure restrictions, which 1 have advocated, and ever will advocate, and I ask no more of you than merely to give me a place in your columns for defence; and to each and every individual by name, who wishes to accuse mc. The defence that I now offer, and will hereafter oiler, shall have my name signed thereto. The people, who constitute the sovereignty of the state of Indiana, shall be my judges, and not dormant "office-hunters" in the language of the writer in the Spectator. Nor shall "Brutus,'' a writer which appeared in the 'Indiana Oracle' some time ago; a press and paper under its own weight of corruption and scurrility, struggled, agonized, and died, in the presence of the free people of Dearborn county. I shall attend to "Brutus," and have no hesitation in saying that he either

Tvith propriety, swear as to the amount due, aforesaid, where bail is not nninoiized by and the writing obligatory would be evi- this act, the first process shall be by sumdence of the existence of the debt; but as mons, or by summons or attachment of prop-

to his debtors removing out of the State Sec. he would not feel willing to take the oath, without which, no bail could be required; and before his judgment, his debtor left the United States, and no means to hold the

nartv or his debtor, to force a surrender of

his property; and finally his ten thousand dollars lost. Had my vote been different from what it is, I readily conclude that the terrible trump would have been blown through the land, from the day of his losses, till the day of the next Congressional Election; and I

think, it would have been no more than I

deserved. Let the writer in the Spectator

amuse himself for a while, by examining the laws of the state of Indiana, and ascertain whether bail for debt on all writings obligatory, is not required; and if he finds the fact to exist, with his terrible trump inform my constituents, the reason why I should give my vote in favour of a measure, because one of your citizens is sued in the U. States' Court, to place him upon more independent grounds and greater privileges, than are granted to our citizens, when sued in our State Courts. Would it not be advisable for this same writer to explain to the citizens, why his pen has been dormcnt, and not encased, by endeavoring to alleviate the miseries of our own citizens, which are prevalent in his view, as to "Imprisonment for Debt," if I voted wrong. It seems however, I am selected for the victim by the writer. Though I regret it, I shall on this and on other attacks, with respect to the rights of my fellow-citizens, and my own, without personal abuse, defend myself. The motives of the writer, 1 know are personal, and persecution preparatory to the next Congressional Election. All that I will

xvilfiillv misronrospntod mo. on the snliiorf

. ... . j

of the Tarifl Bill, or was wholly ignorant of "V -ull&ului;ms inaJ

.1 i i 1 1 . n .1 t t vnct no r mv form ni Qorviro in tho Somifro

shall be devoted to their interest, as my former service has been to every portion of the State. My feeble exertions have been used to secure the n.pld improvement of the State, both before and since the treaty at St. Marys in 1813; by which treaty our population has been increased, our limits extended, and the metropolis of the State established. True it is, I have received much friendship from the people; but like every other man, I have had my enemies, and a few at Lawrenceburgh, that I could not procure offices for, became so on that account. I

have the consolation to say, in no instance have I neglected the rights of friends or foes,

nor will I.

Very respectfully, your oVt. servant.

JAMES NOBLE

P. S. Such printers in the state of Indi

ana, as feel disposed that justice may be

done me, will publish the above, and like

wise the "Bill to abolish Imprisonment for

Debt." I he other charges by the writer

in the Spectator, shall be attended to.

the powers granted to the Senate of the U

nited States, by the Constitution. I hope however, that 'Brutus' was under the latter, led astray; and not in the former from personal feelings. I enclose to you the "Bill to abolish Imprisonment for Debt," and hope you will publish it, with the endorsement upon it, for the benefit of the people of the state of Indiana. Upon examination, I humbly conceive, that the "Bill" has but a mere name, and but little efficacy more in its title, than

in its context indeed, at the last session of

Congress, a very distinguished member in the Senate, (Mr. Mills,) moved to amend the title, making it to read "A Bill to Imprison for Debt." Although the writer in the Spectator, would have admired me, if I had voted for the Bill, he will now have it in his power, as a jurist, to analyze it, and to shew to the people its good efFects; and it will enable him to prepare his mast terrible "trump" before and at the next Congressional Election. On the abstract proposition to "abolish Imprisonment for Debt," there never has been but one sentiment in the Senate, and that is, the moment the debtor surrenders his property to his creditors for the payment of his just debts, either before or after judgment he shall not be imprisoned. The Bill against which I voted, provides for no such case, and I aver that I never contended a-

gainst the principle; but in truth, the Bill was at my instance, committed to the Committee on the Judiciary, and all the members who voted for its commitment, would have voted for a bill containing a provision to the above effect. The first section of the Bill provides that no bail or security for the appearance of any defendant, shall hereafter be required upon the original or mesne process, issuing out of the Courts of the U. States, in any action or suit whatever, founded on contract, expressed or implied, unless the plaintiff will make two oaths: 1st. The amount of the debt. 2d. That the defend

ant will remove from the State, Territory,!

or the United btates. Let the writer in the Spectator inform my constituents through his terrible trump, and I respectfully pray him not from dormant and personal feelings towards we, if he be sincerely the faithful sentinel, as he should be for the public, what sentence is contained in the first section af the Bill that forbids "Imprisonment for Debt." Is there any thing in that section, that amounts to more than this: the moment the plaintiff takes the oaths, the defendant must give bail, or go to jail. The first oath, as to the amount of the debt, miht certainly be taken: The second oath could not, as to the removal of the defendant to another State, Territory, or out of the United States. Is it not evident then, that so far from preventing imprisonment for debt, it results in thir, that the party may be imprisoned, and ihat unjust obstacles are thrown in the way of honest creditors in collecting an honest debt. Let me state a case: A writing obligatory for ten thousand dollars, payable to an individual, would be an express contract, within the incasing of the before named section. Sup

pose Capt. Thomas Porter, of La wren cebu"gh, held the writing obligatory on some debtor ri Pennsylvania and he wished to

ertv. in those states where, by the law there

of, property may be attached on mesne process, and the return of service, according to the laws of the state in which the process is

issued, shall be a sufficient appearance of

the defendant or defendants to warrant the

subsequent proceedings in the cause: Pro- ere d in another state, it shall bo lawful to

C7 of such defendant or defendant?, a If ih; act had not passed, ami the plaintiifor plaintiffshall be entitled to costs; but, in every such case, if the jury shall not find the said alienation, or either of them, to be true, then, and in that case, the plaintiff or plaintiffs shall be subject to costs. Sec. 5. And be it further enacted, That, in

all actions brought upon a judgment reeov-

Here follows the Bill together with the endorsement above alluded to by Mr. Noble "This is a copy of the "Bill to abolish imprisonment for debt," as it was ordered to be

! engrossed for a third reading; and in the

shape m which it was when rejected on the 3d reading, on the 17th Jaify, 1825." A BILL TO ABOLISH IMmiSONMF.NT FOR DECT. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That no bail or security for the appearance of any defendant or defendants shall hereafter be required upon the service of the original, or mesne process, issuing out of the Courts of the United States, in any action or suit whatever, founded on contract, express or implied, which

shall be made or entered into after the fourth of July next, unless the plaintitf, or some other person, shall make oath or affirmation, before the clerk cr officer attesting the said process, who is hereby empowered to

administer the same, or before some other person authorized by law to administer oaths, that the defendant or defendants named in the process, are justly indebted to the plaintitf or plaintiffs in a certain sum stated in said affidavit, and shall further make oath or affirmation, that he or they have reason to believe that the said defendant or defendants intend to remove from the state or territory, or intend to leave the United States: which oaths or affirmations the said clerk or other officer shall endorse and certify on the said process; whereupon, the officer executing the same shall take bail in double the amount so sworn to, and proceed as if this act had never passed. But, after the return thereof, the defendant or defendants mav contest the allegation of the said oaths or affirmations, before the court in which the said suit or action is instituted, in such form as the court shall prescribe. And if the court shall be of opinion that the said allegations

jare not well founded, it may make an order

vided That no person shall be held to bail

on mesne process, except in the state where the defendant or defendants reside, or in the state in which the debt was contracted, or unless the debtor has absconded from the state in which he resided, or is about to leave the United States. Sec. 2. And be it further enacted That it shall not be lawful for any of the courts of the United States to issue a capias ad satisfaciendum, or any other process, by which the body may be subjected to imprisonment, upon any judgment at law or final decree in chancery, for payment of money founded upon such contract, as aforesaid, except in the cases in which the defendant or delemlants have been held to bail under the pro isions of the first section of tins act, and in the cas

es provided for, hereafter, by this act. Sec. 3. And be it further enacted That, if it shall be charged in the pleadings or exhibits of any such cause, and established by the verdict, judgment, or iinal decree therein, that tiie money for which the suit was brought, had been received bv any defendant, as an officer or agent of the United States, or that the same had been received by such defendant, as executor, administrator, guardian, or attorney, and wrongfully withheld, in such cases execution mav issue as if this act had not passed. Sec. 4. And be it further enacted. That, when any judgment or final decree, for the payment of money, shall be obtained, in the courts of the United States, either at law or in chancer)', the plaintiifor plaintiffs, his or their agent or attorney, mav tile his nffidavit, charging that he has good ground to believe that the person against whom such

judgment or decree shall have been render

ed, has fraudulently conveyed or concealed his property, or keeps it so invested as to prevent its liability to execution, and that he is thereby prevented from collecting hi. debt in rnoncv, then, and in that case, the plaintiifor plaintiffs, may apply for, and obtain from the clerk of the court, a writ, in such form as the court shall prescribe, directed to the officer by whom such return has been made, or his successor, command-

ling him to have the body of the defendant

or defendants at the next term of the said court, to answer such charge. The said officer shall take security of the said defendant or defendants, in the amount due on the said

judgment or final decree, for his or their ap

pearance, and that he or they shall abide such order as the court may make in the

premises, or keep him or them in custody if!

such security is not given, until the final decision on such charge; and. if the said charge be sustained, for twenty days thereafter. If the said defendant or defendants shall give

security to appear according to the said writ

require bail on mesne process, and the niain-

titf mav have his execution against the body of the defendant or defendants as if this act had not parsed. Sec. tu And be it further enactcc. That nothing in this act contained shall prefjnt the issuing of the w rit of ne exeat by'-Hiry court of the United States. Sec. 7. And be it further enacted. That the provisions of this act shall extend to all cases of ciil proceeding within the District of Columbia, and the territories. Sec. o. And be it further enacted That in all cases where the body of any person shall be subject to imprisonment by thp provisions of the third and fourth sections of this act, such person shall be deprived of the beneiit of prison bounds, and kept in close custody until discharged by due course of

law.

CONGRESSIONAL. IX SENATE. Tuesday, February 1, 1CC5. Mr. Benton from the committee on Indian Affairs, to whom the Message of the I'resident of the United States on the subject was referred reported a bill "for the preservation and civilization of the Indian tribes within the United States;" which was read, and passed to a second reading. On motion of Air. Tazewell, it was Resolved, That a committee be appointed to join such committee as may be appointed by the House of Representatives, to ascertain and report a mode of examining the votes for President and Vice-President of the United States, and of notifying the persons elected of their election. Suppression of Pircuy. The Senate acraln proceeded to the consideration of the bill for the suppression of Piracy in the West Indies; the motion to strike out the third section., (which authorizes to blockade the ports of Cuba, under certain circumstances.) being still pending. After much argument the question was taken on striking out the third section, and decided in the affirmative, by yeas and nays Yeas 37, xVavs 10. The Senate then adjourned. Wednesday. February 2. Mr. Brown from the committee on Roads and Canals, to whom wes referred the bilU from the House of Representatives, further to extend the Cumberland Road, reported the same without amendment. On motion of Mr. Barton it was referred to the committee on Public Lands. On motion of 31 r. Joblc, it was Resolved, That the committee on Post Offices and Post Roads, be instructed to in

quire into the expediency of establishing a

of discovery, and fail to do so, the plaintitf j Pcsl rou(e irom Oxford, in the ?tafe of Ohio,

lotion to the court, ten to Eiberty, the county seat of Union county;

or plaint ills may, on motion

days previous notice being given, recover of

his or their surety or sureties, the amount due on the judgment or final decree, in case the said defendant or defendants shall not

have died before the return day of the said

thence to Brownsville, thence to DunlapV

ville, thence to Rushville, via Connersvillo. The bill entitled "An act more effectual

ly to provide for the punishment of certain crimes against the United State?, and for

to be entered on record, discharging the said bail or security from his or their suretyship.

bring a suit in the Federal Court, he could j And, in cases founded on such contract as

w I m

writ; and, in such cases, the plaintiff in thejber purposes, was read the second time, judgment, if the money is not collected from!a,H- referred to the Judiciary committee, the surety or sureties, or the suretv or sure-! f-lc several appropriation bills w hich this ies, after satisfying said judgment, may pro-Ma.V p d the J louse of Representatives ceed. bv eanias :nl sntwffirinnfliim orr!icfwere received and read.

the original debtor, as thougrh this act had! Talbot moved that the Senate take up

never passe said surety

er

ueiemuuii or ueienuanxs lor wnose armor

ancc he or they mav be hound, in bL-o tvum-lorder of the day for to-morrow.

ner as in the case of being special bail, sub- Suppression of Piracy. The Senate then jectto the order of the court. If the defend-' resumed the consideration of the bill for the

ant or defendants appear, or be in custody suppression of Piracy m the West Indie-, on such writ, the plaintiifor plaintiffs may p'ne substitute of 31r. Holmes of Maine, and file a statement of facts, touching the matter tno mbm of Mr. Van Ruren, to re-commit so charged, or any matter of fraud or con- tne wtn ccrtaiu instructions, beintr ui

cealment of property discovered since the:uor consideration.

1 ii .. . - jl I i ' il .i i

Kissed: . Jnct provided, also That the U1 resolution aumoi ising tne purcnase oi n retv or sureties may take, and dcliv- certain number of the Journals of the old

in court, the body or bodies of the said j Congress, "hich was agreed to; and, on his fendant or defendants for whose appear- motion, it was then pestpone4 and made the

tiling of the said affidavit, with interrogato

ries, to be answered on oath or affirmation, by the defendant or defendants, before said court, in such time as the court may order; and if such defendant or dcfendantsshall refuse or neglect to answer such interrogateries, or shall make answers which shall, in

the opinion of the court, be insufficient, such

Before the o nest ion was i;d:.r nn c n,7.

option, the Senate adjourned.

HOUSE OF REPRESEXTATirE

jVondai Januaru

- ' .7 w

T'll r C. nn-i1 t r. 1 ', .1 1, .- 4. t,.. TT

munication from the Secretary of War, containing further returns of liroiwpc rri,

-i . , , ,,. , ' J -ni. 11 IV

reiusaior laiiure to answer snail be deemed. Indian traders; which was referred, and oran admission of the matter so charged ; and dered to be printed. ' if the defendant or defendants shall fully an- The Speaker laid before the House a -om. swersaid interrogatories, and the plaintitf or munication from the Secretary of the Tro plaintiffs shall not be satisfied therewith, the urv,in obedience to a resolution of the Houe court shall direct an issue to be joined in the of Representatives, on the subject of tm fi premises, and cause the same to he tried bv tal disasters which have so frequently hap a jury, to be empannelled for the purpose; pened on board of steam boats- Th co! and, upon the admision of either of such al- muniention conclude thinlegations by the defendant or defendants, or I am of opinion that Lepttalive en-cf toe tmding of the same, oreither of them, to meats are calculated to do mischief rather be true, or on tne failure or emission of the than prevent it, except such as ubieet tl o defendant or detenuants to answer as a fore- owners and mana-eis of thoc boats to said, an execution may issue against the bo- able pennies m case of diate'- which W