Indiana Palladium, Volume 1, Number 46, Lawrenceburg, Dearborn County, 18 November 1825 — Page 2

Wc make the following extract from the Message of Gov. Desha, delivered on Monday, the 7th inst.- to both houses of the General Assembly of Kentucky: The wrongs suffered by this state from the decision of the Supreme Court of the United States, declaring our occupants laws to be unconstitutional, have not been redressed. The Remonstrance of a former

General Assembly to the Congress of the

United States, has been considered by that

body, in which many were found who ac

knowledged our wrongs, and the consequent duty of the General Government to grant redress; but we have witnessed no practical result. In the mean time, the injurious decision is spreading its baneful influences. At every term of the Federal Court held in this town, numerous judgments and decrees are obtained against our peaceful citizens, for the lands and houses which they have honestly purchased, built and improved ; and orders given for their execution contrary to

our laws. Our limitation acts are also whol

ly disregarded, and the non-resident land holder or domestic speculator, who has, perhaps, never paid the first shilling of his just taxes, for the support of our government, is permitted to progress with his action against the honest citizen for lands which he has purchased with his money, improved by his labor, defended with his arms, and paid taxes upon to his government. This is not all. The faithful citizen who has thus performed every moral, social and civil duty, is, upon eviction, charged with rents upon improvements himself has made, and if he cannot pay them, is subject to imprisonment, under

the Rules of Court. And thus does this Commonwealth suffer those who have improved, supported and defended her, to be stripped of the proceeds of their life's labor, and made the unpitied victims of heartless speculation-arid assumed power. It is my firm belief, that in the insecurity not? felt by numberless cultivators of our soil, may be found the chief cause oftjiat extensive emigration which is now thinning the population of some of the finest sections of our state. The delay in obtaining redress for our wrongs, and the portentous indications of the times, sicken hope, and drive our industrious citizens,unwillingly,to seek peaceful homes in other states, where they may set under their own vine and fig tree, ex

empt from the evils which fill the mind of

the Kentucky farmer with anxiety and apprehension. Lcanuol too earnestly press upon you, the propriety of again urging the consideration of tliis subject on Congress, and of availing yourselves of that occasion, to remonstrate in strong terms against the power of making Execution laws, lately exercised by the Federal Judges of this State, inviting their se

rious attention to the growing influence of

the United States Bankand requesting such a change in the charter of that corporation, as will make it the duty of the Directors to withdraw the Branches located "many State, Upon the demand of the State Legislature. I do not recommend this course because Jbclievethe State has not a right to enforce its taxing power, or even expel the Branch Banks from its limits, by the exercise of its

reserved-constitutional power. I he doc

government. Our cause? of complaint do not originate in the system itself, but spring solely from the erroneous constructions of the public functionaries who are selected to carry it into effect. The federal constitution, like our own, is designed to give the public will the ultimate control of its own actions. It has placed none of its offices so high that their incumbents cannot be reached by the voice of the people, and pulled down from an unmerited elevation. The executive and legislative powers of the Gen

eral government and a portion of the Judi

ciary, have once been reached and reform

cd, and in the acts and language of the pat

riots and- republicans of those days, we find a precedent and principles in accordance

with which the whole of the Federal Judi

ciary may be made to bend to the power of the people and renounce its errors. Refor

mation is all that Kentucky asks, and with

out it she cannot be satisfied. In the mean

time, no respect for the General govern

ment ought to induce the State to become the silent instrument of her own degradation. While, therefore, our grievances are laid before Congress and considered bv that body, 1 would recommend to your consideration whether the rights and honor of the State do not require that she shall prohibit (he use of her jails lor the purpose of imprisoning debtors under an authority unknown to her laws and constitution. The policy of the laws adopted some years since, usually termed the Relief Laws, it is not necessary to discuss. Thev have long since been repealed, as to ail contrac ts formed after the repeal, and their operation ..as almost ceased to be felt in our Courts ol

Justice. But the questions of legislative

power and judicial right, which have sprung from some of those laws, and outlived them,

are of vital importance to the government, as well of this state as of every other in the

Union. It will be remembered that one of

those laws granted a replevin of two years upon all executions where 1 lie pluinlifi'would not consent to receive the currency of the state. A law similar in principle, existed in Virginia, our parent state, at the adoption of the constitution, and was re-enacted and amended for several successive years afterwards, extending beyond the period at which Kentucky became an independent state. By examining our own Stat ute book, it will be found, that the same principle has been practised upon by our own Legislature from the era of our separate existence, and that it hag never, at any one moment, been wholly eradicated from our laws. By looking at the Journals of our Legislature, it

will be seen, that nearly all our eminent

(in their opinions. An animated discission'

ensued in the country, and a large majority was returned to the Legislature instructed to vote for the removal of the Judges. These, w hen called on to shew cause why thev should not be removed, defended their decision, and even denied th right of two thirds to remove them, were it as erroneous as was contended. This principle completely confirmed error, and if submitted to. would have enabled the Judiciary to effect radical changes in our constitution, under the convenient mask of honest error of opinion. To end the controversy and rid the coun

try of these erroneous and dangerous prin

ciple?, the majority now deemed it necessa

ry to resort to their constitutional power ot .abolishing the court and establishing another, composed of other men, and restricted in its power over the constitutionality of Legislative acts. That they had this power they could not doubt; because the constitution had not brought any such court into existence, but the first Legislature of Kentucky had established it; because the power of changing and even reorganising it had been once before exercised by the Legislature:;

statesmen and lawyers, including two of this open contempt of law and order. But

the late Judges, have, at different periods,

voted iov similar acts. In the records of our Judicial Decisions, they had uniformly been recognized as valid acts, and their constitutionality seems never to have been doubted, until the interest of the United States Bank made it necessary that new and more rigid principles should be incorporated into our system of government. It was then, that objections were made in our Courts by lawyers attached to those institutions, which led to the final decision of our late Court of

because the supremo court of the IJ. States, as avowed by the Judges themselves, was created by Congress; because the power of reorganising courts, and thus expelling their incumbents from office, had repeatedly been e?;creised bv our own Legislature and bv Congress; and because the ablcs. statesmen in the latter body had declared that the su

preme court was as much the creature of

the Legislative power, as the inferior courts. Nor was tills construction of our constitution thought to be dangerous to liberty, because it accords with the acknowledged principles of most, if not all of the constitutions formed during the revolution, and of most of those which have been formed since. Influenced by these considerations as well as by a desire to perpetuate correct principles in the current of our Judicial descisions. and give quiet to an agitated- covmit y, the last Legislature passed the act abolishing the existing court of appeals and establishing another, which was approved by the executive, and the new court was immediately put into operation. Nevertheless, the former Judges have still claimed to be in office, and have continued to meet in the capital at the supreme Court of Appeals, assuming to exercise the Appellate Judicial power of this Government. It was thought by some to be the duty of the executive, who is entrusted by the constitution with the execution of the Laws, and sworn to perform that

duty, to interpose his authority, and supprcs

the validity of their act. The new '(our! is deemed by many to be unconstitutional and its acts void: and were the reorganizing act repealed, the same doubts would extensirely hang around all the acts of the former Judges, unless they should receive new appointments and commissions from the Governor and Senate. It is of great importance in the State, that the Judges of the appellate Court should not only have the entire confidence of the whole people, but that their authority should be deemed by all parties unquestionable. To accomplish these desira

ble end", the way is believed to be open to the present General Assembly. I have the fullest confidence that the present incumbents in the Court of Appeals, will present no obstacle to any pacific arrangement which the Legislature may adopt; and although it may not be usual for the executive to give assurance beforehand of the? course he w ill pursue upon a probable or a possible event, yet the extraordinary circumstances of the times and the peculiar attitude in which I am placed, seem to require of me the frank declaration, that should any measure be adopted by the General Assembly with the view of quieting the troubles f the country, by the appointment of an entirely new set of Appellate Judges, 1 shall feci myself bound to select them equally from the two contending parties. However this recommendation and assurance may be received by violent partisans, I have in making them discharged what appeared to me to be a sacred dutv; and I leave the result to God

iand the people. If our agitations shall be

tuus ended, it will be happy for us all; if they are to he continued, I shall endeavor to perform, through scenes yet untried, with fidelity and zeal, the aiduous dutv entrusted to me by the people of seeing the laws executed in good faith and preserving the peace of the country. In any event, a change in the acts passed at the late session relative to the Court of Appeals seems to be required by the public voice, and would not operate to the detriment of the public interest. I therefore recommend the reduction of the salaries of the appellate Judges to the former standard of !if;eea hundred dollars. This is the more equitable, ar, that sum is rendered, by the appreciation of the cu-rrency, fully equal to v two thousand dollars when the salaries were fixed at the last session.

as no eifort was made by them to give or ex-

Bolivar.- Strange as it may appear we have a - yet no authentic connected account ot the private and personal history of a man who hes h id few equah in modern times, whether we regard his gn.nt skill and valour in the field, or his acuteness, tact, and wi dom in the senate. But now that the din

ecute judgments or distress, and as Iheirjofunns lias ceased, we trust this desideratum meetings were not attended with any breach i will f ron be supplied, and in the meantime

of the public peace, it was not thought the' we may mention a fact which seem-to have

duly of the executive to molest them,, or in any manner to obstruct their proceedings. At a late meeting, however, they exhibited an inclination to proceed in the exercise of Judicial power, and force the execution of their orders, judgments and decrees throughout the State, in direct hostility to

escaped the notice of ail his biographers. While lir.ng in King-ton, he applied himself unremittingly to the study of European tactics; and though absent unwillingly absent for a time, from the scene of action was constantly employed in committing to paper the pkm- ofb atiles which he afterwards - ' I . . 1 i a' T

u sucee? s;!iii reuueeu to practice, in par-

thc existing court, and an act of the Gener-

Appeals, declaring that the remedial law in al Assembly which the executive is boundi Ucular he eagerly embraced every opportu-

1 . . 1 - I 1 . I .. .. . m - - I m . - " 1

exisience wnen a contract is made, consti

tutes the obligation, and that no trAo I oo-ti

lature can change that law, as to delay the remedy, without violating that provision in the constitution which declares that no state

hy the constitution and his oath to see dulv miy of watching the maimrres of the troons

executed. I need not inform the Lcgisla-jahout Kingston; and such was his enthusi-

tare how unpleasant' will be the duty which

trine of our late court of appeals, that am shall pass any law impairing the obligation

opinion of the supreme court of the Unitedj of contracts. The Legislature and the

States on subjects involving tnc rights of thcj country were startled at this decision. It

State, is binding and conclusive upon the state authorities, is believed to be not only

erroneous but. fatal to the sovereignty of the

declared void a course of legislation which had been practised as of unquestioned au

thority from the origin of our government.

States. When the General Government en-j It wrested from the representatives of the croaches upon the rights of the State, is it aj people, the power to suspend the operation safe principle to admit that a portion of the'of the laws in any case of contract, even in

encroaching power shall have the right to time ot insurrection, war, pestilence or fadcterminc finally whether an encroachment) mine. It denied to this government a pow

er which, it is believed, has been exercised

asm and mental abstraction, that he was fre-

such a course of conduct on the part of the quently seen standing in th? front of the line

lormer Judges win impose; nor need 1 tell them that painful as it may be, the execu-

unconsciou-ly acting the part of a fugleman:

I his circumstance, together with his con-

has been made or not ? In fact, most of the

encroachments made by the General Government flow through the supreme court itself, the very tribunal which claims to be the final arbiter of all such disputes. What

the country, is it not necessary that the co

ercive hand of the law shall be suspended

ch ance for justice Iiave the states when thcj population is called out in martial array to

usurpers of their rights are made, their judg-j suppress an insurrection, which is desolatin TT, 1 - 1 1 I . 1 .

es: Just as mucn as individuals when judged by their oppressors. It is therefore believed to be the right, as it may hereafter become the dutv of the Stale governments, to protect themselves from encroachments, and their citizens from oppression, by refusing obedience to the unconstitutional mandates of the federal Judges. The change

live will not shrink from the performance of slant appearance on the drill-ground, natuthat which he conceived himself bound to do! rally .attracted the attention of the commandby his oath of office and the constitution of ing officer, who having learnt the character his country. and quality of the stranger, very obligingly Though a farmer, I have by the favor ofio:cre bis men to repeat occasionally some the people, enjoyed many cilices of public!0,' tnoe movements in which Bolivar took trust. As it always has been, so it is now! greatest interest Short as his residence my earnest desire to perform the w ill ofmv,n tuc hwd w as. he added much to his preconstituents, and promote the peace and; V!us stock of military knowledge, and when prosperity of my country. On the subject! Morillo next met him in the field, he found of our Judieiarv trouble; if he hppif mv be had a new enemv to contend with, and

by every government of e cry civilized na- earnest endeavor to obtain light from tlicthe Liberator is candid enough to ascribe tion, as well as by every state in the Union,! frnnom) iuiomcronm md rmruo thnt rnnrv :uuich of his subsequent good fortune to his

w 1 1 1 It .-.- im-,., --nf,,,! il ... . . . :J i 1 ji a a r ? V 1 T

cj "iiiLu is su.iju nun. s; lessen ijdi iu national existence. If our humble and induslnons

which should be dictated by the public wis- aci dental visit to Jamaica. On leaving La

dom & will. Instead of quieting the country 'Guayra, Bolivar was dressed in the uniform as was ardently desired, the act of the Jast!a general, and w ore enormous large mui session reorganizing the Court of Appeals ' lachios; but before he had been many hours

together with other causes made to operate. jat sea ne divested his lace wholly of hair, has filled it with new agitations. The peo-jan dressed himself in a plain suit of clothes .

U I a. " t r: i i i

loev Noiunieer or are oraned and sent to pressed themselves dissatisfied with

tin nivatimg enemy, is mere no power in the government which compels them to march, to suspend the operation of the laws

and prevent the sacruice of their property

wnne iney arc engaged in toe service I i j pic who for several successive years had ex- proceeding which Produced such a

the lor- cnange in nis appearance, tlia

mer judges have also expressed their dissat- ln sailor entertained doubt as to his person

ai luenmv.

elfected in our court of appeals at the last j in their absence? By the decision of our session, is confidently believed to have ban-;Courts, these benign" and just powers are ii -i ii - .. - i . . . .

ished from that tribunal the doctrine of read? submission to the unconstitutional decrees of the supreme court, prostrating the acknowledged rights of this State; and the people will) now find in the head of our Judiciary a tower of defence against encroachment, instead of a gate always ready to open at the summons of an enemy. Let it not be imagined that in making these recommendations, and declaring these opinions, I entertain or intend to express the slightest want of confidence in the General

denied to the state Legislature, and the ritrid

enforcement of contracts is deemed of more importance than justice to the absent debtor or the safety of the Republic. Many, who believed the existing Replevin laws impolitic and unjust, pronounced this decision incorrect, and indeed it had at first but few advocates in the country. Yet a majority of two thirds could not be found in the Legislature prepared to remove the Judges, on account of a respect they had for the men, and a belief that they were honest

isfaction with the arrangements of the last session, and would seem to demand another change. I have applied the best efforts of my understanding to learn the public interest and will, and I should fail in the perform

ance ot my duty, if I did not communicate to you that which I believe will restore harmony to the state, and enable the government to devote its energies to the improvement

and permanent interest of the country. It

it the wonder

Erie, Pa. Oct. 20. Severe'Gaif. We had a very severe gale of w ind on Monday niirht, w hich, w e fear.

has been very destructive to the property

on the lake. It is said that the Steam Brig Superior is ashore at Sandusky, and the Steam Boat Pioneer, at Grand river. What

jdamage has been sustained by these vessels

is an undoubted fact, that neither the for- we have not learned. The schr. General

mer Judges nor the present incumbents can unite upon themselves the confidence and respect of both the contending parties into which our population is divided. Nor can

cither proceed to exercise Judicial power

without doubts in the mind? of many as tojnear Ashtabula name, not known. gW

Huntingdon, Capt. Foster, is ashore at the

mouth of Walnut creek, 10 miles above this place. She was partly freighted with ashes the principal part of which will be lost.

It is also said that there is a schooner ashore. At... .