Indiana Palladium, Volume 2, Number 17, Lawrenceburg, Dearborn County, 6 May 1826 — Page 2

ZNDIANA PALLADIUM.

J. SPENCER, D. V. CULLEV, &L CO. Editors and Proprietors, FnoM the Ian!AAPJtis Gazette. "Governor Hay and the Constitution." Much discussion has taktn place through tlic papers and otherwise, on the question, whether Mr. fay had Constitution! authority to act in the, capacity of Governor between the first Monday of August last and the time of his being inaugurated under his late election. Much Jus teen, aoJ cny. be, said, on both side9 and not without plausibility on either. Considerable stress 13 iid on the asserted desci3ion of the Legislature, some diversity of opinion as to what that decision, if made at all, was, seems to exis;, and each party chims it. it is not with a view of entering into the public discussion of ihe abstract question (from which 1 have hitherto refrained,) but to inquire whether the Legislature haVe in fact, made a decision or expressed an opinion, on the question, and, if so, what it was, thit thesf remarks are panned. I premise that my declining a discussion ol the abstract question, is caused by no fear of not being able to establish the affirmative of ihe proposition contained in it, but, to avoid propltXity and the unnecessary repetition of argunumts already laid before the public and pr ,ba ly fully understood. Although J will acknowledge my ir.ind at first waved on the subject, a close ex tmination of those p-rts of the Constitution which bear on it (th 2J article and the I, 2, 3, 5, 15, 16, 1, 18, 19, & 20th Sections of the 4U articie,) removed all doubt, and it would seem to me, that a correct, careful and fair construction snd comparison of those clauses, will lead every unprejudiced mind to the same conclusion and conclusively and incontestibly establish the authority of Mr. Ray. I premise further, that a decision of the Legislature could have no binding efficacy on the question except in the particular cases in which that body had to act in c r.crt with the Governor, and is entitled to respect only on the score of authority as the opinion of a respectable and enlightened tribunal. It is a question purely judicial, to be ultimately decided by the courts, and a Legislative decision could not affect it one way or the other So far as can be collected from the Journals, the House of Representatives were called upon to act on subjects involving the question, directly or indirectly, seven times : 1. On a resolution offered by Mr. Child, (page 7 of the Journal,) to appoint a Committee to wait on the Acting (iovernor, & .which, if adopted, as it was by a Urge majority, involved a recognition of Mr. R. as Governor, as there was no other Acting Governor. 2. n Mr. Palmer's motion, to ametid the resolution, by striking out "Acting Governor,' end inserting "The Hon. Milton Stapp,"" President pro tern, of the Senate," (sme pagt , ) which vhs neg. uvfcd by a like m jority. 3 On 2d re aolution offered by Mr. Child, (page 8.) "That the House of Representatives consider the Hon: MiTtcn Stapp to be the Acting Governor of this state,' which was also negatived. 4. On Mr. Beckes' resolution, expressly instructing the Committee to wait on Jame3 B. Bay, by nanv., which was adopted by a vote of two tv one, es 30, noes 15, (pge 8.) 5. On Mr. Blair's resolution, which prevailed, when that resolution ws laid on the tal!e without taking the vote over again, (pae IS) 6. On the admission of Mr. Lewis, of Franklin (elected vice Gen. N. Noble resigned) to a seat as a member in the House, (page 71 ) Mr. L. was elected under a writ of election issued by Mr, lly, as Governor during the disputed time if he had not authority to is flue the writ, the election was void ; yet Mr. L. Was admitted as appears, nem con. 7- On the proposition to allow Mr. Ray compensation for his services as Governor during the disputed time, which finally prevailed, by ayes and noes, 22 to 16. The proposition came up on the following provision in the appropriation bill; first adopted in the Senate : "That the Auditor be instructed to audit, and the Treasure r to pay James Ii. Ray for h3 services from the first Monday in August last to the third day of the present session of ;he General Asst-mbly the sum of 352 80, to be paid out of any money appropriated to defray the expenses of the Executive department, for the year 1825 which provision, alter some maneuvering on the part of th opposition, and particularly a display of wonderful cunning by the gentleman from Bartholomew, was agreed to in the house by the abjve vote. See p. 365 and Here then are seven instances in which the question came before the house In six out of the sven, they, as I understand them, expressly recognised Mr. Ray as the Governor, in one only did th y even seem to doubt, and, though a cer tain class havr laid great stress on this, I shall presently shew tht it shewed no evidence of a rhange ol opinion, and scarcely of doubt. The first resolution recognised the dieting Governor, mid there was none but Ray. It was universally eonceded that either Ray or Stapp was the acting governor the three first days ot the session, and i he house twice refused to acknowledge Stapp. In the fourth instance (on Beckes' resolution) thy most expressly and unequivocally recognized Ray. In the fifth (Lewis's admis sion) they did so, virtually, tho1 not so directly In the seventh (the vote for pay) the recognition was equally express and unequivocal as in the fourth True, the Lnguage, 'services as governor' is not used the mlconter.ts wish-d a different phraseology, and they were indulged ; but it was well understood, that it was for his services as governor, as if that language had been used it was "for his services from the first Monday in August until the third day of the session,' nd waa to be piid 'out of the fund appropriated to the executive department, for '825.' The senate were called on to act on the question, twice: 1. On the adoption of a resolution (similar to the first resolution of Mr. Child.) which, to avoid an unpleasant and unprofitable discussion, was Hid on the table by muiul consent of both pirties. I have the authority of a respectable member of that body for this. 2. On the question of paying Mr. Ray for his services as governor, which was decidedly in his fator by a still greater majority than in the house. . Both branches of the legislature, therefore, 1 in 3 ift , luve decided, or rather, expressed an opinion in favor of Ray. They, especially, would pot have voted him pay, had they considered him n usurper would not have voted him p3y for unconstitutional servxes. M r:li stress is laid on the vote of the house to reconsider their vote instructing the committee to wait on him, by name from this a change of opinion on their part is argued- 1 do not conaider the argument conclusive. A vote to reconsider does not necessarily imply a change ot opinion it is frequently done, to give minority an opportunity of expressing thir views to give members who were absent t the first vote, the privi'ege of voting or debating to give tim- to obtain further light on the subject, Stc. A mo tion to- reconsider has always, necessarily, to come from ne of the majority, and it is not considered liberal in the ra jority to refuse the mo tion when requested by the minority. When motion to reconsider prevails, the question pro perly recurs on the original proposition, and the vote is to be takrn over again and it is not until it is taken over again, that the first decision is either reversed or confirmed. Nor is the laying of a question on the table conclusive. This is don, beeause the house is not, at the moment, prepared for decision to give time lor deliber

ation to obtain information, &c. The resolution in this case, was not again called up and acted upon, for reasons well known because it would have been an idle waste of time and caused an unnecessary excitement of feeling, as the governor was to be. and was, sworn in the next day. under his new election. The vote to reconsider and the laving of the

resolution on the table, therefore, I contend, prove nothing. Wh it, then, becomes of all the vain boasting of the GoTcrnor's enemies their letters and circular to their 'dear friends' at home and their newspaper paragraphs (some of them from 'absent editors, &c.) that both houses had deci ued against Kay, that his acts were con-

sequently unconstitutional and void, that pretty speedily quelling them. All perhe would receive no pay, &c? This; sons taken prisoners were shot. The

brief history of the case is sutiicient to 'give to the winds' whole volumes of such idle assertions, reasonings and conjectures. What could have been the ob ject of such a course on the part of the g s enemies? None other, surely, than to preserve a colorable consistency for previous opposition and premature opinions to throw dust into the eyes of the pub lic, and involve the case in clouds and darkness to mis-lead those clas-es to whom the Journals arc not accessible, or who do not take the trouble to read them, by palpable misrepresentations of the Legislative opinion, and to shelter themselves, after being driven from the field of fair argument, behind the rampart of pretended opinions of the Legislature, may hap, to aid them in their attempts to prejudge the administration, and blight the prospects nf the Governor in advancc! Is this fair, magnanimous, or just? Gov, Ray has been elevated, by a handsome majority of the unbought suf-' 1 rages or Ins fellow-citizens, to preside over their interests, and they should and will give him a fair trial, whatever a factiousjunta, or disappointed office-hunter, here and there, may say to the contrary. L.ct his enemies go on in their laudable course let every detraction and misrepresentation be their companions let them gather every fruit and flower in they delectable paths they journey and then, when public opinion shall have stamped their conduct with the marked reprehension it deserves, let them sit down and weep, in silence and in shame, over the well earned emblements of their moral and political profligacy. 0TThe substance of these remarks was prepared for the press some time since, but reasons, not necessary to be made public, have prevented their being handed in tor publication until now. Editors throughout the state, on both sides of the question, are respectfully requested to give them an insertion. A READER. FOREIGJV JXEJVS. Great Britain and Ireland. The laboring classes in England are distressed beyond precedent. It may be believed that several hundred thousand persons have been thrown out of employment, and many were in want of bread'. Great exertions were making to relieve them, but the aggregate help needed was far beyond the means of supply, unless, indeed, very sparingly. The silk manufactures seem to have been almost all crushed by "free trade." Many of the woollen weavers were literally starving, though the supply of bread stuff is uncommonly large, and the prices moderate. The military are frequently used to keep down the people. The manufacturing districts in Ireland are sullering as much as those of England. ''Every weaver in Kilkenny" is said to be idle. The London Sun, of the evening of the 9th March, remarks "In the house of commons last night, a general feeling was expressed, that the assistance alrea dy affarded by the bank of England had produced symptoms of reviving confidence. Opinion on which confidence is mainly founded, may indeed be excited by the expectation of a salutary relief by the advances from the bank, but we have no idea that been of any sufficient extent nitude, to produce effecting extrication of the merchant or the manufacturer. It appears by v hat fell from Mr. Huskisson, that the application from Manchester, came under the consideration of the bank directors on Friday those from Glasgow on Saturday, and from Leeds and other places, at the beginning of the present week. Relief, it seems, has not, so far as is yet known, been required either by any eminent merchants, speculators or bankers. Master manufacturers, holding unsaleable stocks, vet desirous of still giving em ployment to the manufacturing population, have been the individuals to whom relief has principally been afforded. Certainly, no class of the community has stronger claims on the country for assistance." The siik question has been fully discussed in the house of commons, and the new regulations introduced by Mr. Huskisson sustained. Mr. H's speech is said to have been very able, and completely triumphant! The London Gazette of the 25th February, announced no fewer than sixty new bankruptcies, and four declarations of insolvency.

France. The silk manufacture is ex - ceedingly prosperous. The "free trade" act of Great Britain, which has ruined her own manufacturers though it protects them with a duty of thirty per cent, has given much life and activety to those f France. It appears that there have been numerous arrests in Paris. The affair is but casually mentioned : but is said that

the number of Drisoners is so great, that the Conciergerie and prison de la Force, are quite filled, and 130 have been removed to the Bicetre. Spain is filled with insurrectionary principles. Much disturbance has taken

place in various provinces-, but in gene-,of

ral, the royal forces had succeeded mjcaptures

end, however, is not vet. Sir Frederick Lamb, ther British minUtor at Madrid, aftrr hnvin" for some months remained a quiet spectator of;w events, has recently exercised an active influence on the proceedings of the Span ish cabinet. He has strongly urged the acknowledgment of South American independence, and it was rumored that such an acknowledgment was on the eve of being published. The Spanish cabinet is said to be influenced by the dread of a patriot fleet on their coasts. The arguments of the British minUicr have likewise been greatly enforced by apprehensions for the safety of Cuba,

Porto Rico, the Canaries, and the Philli-!var

nine Islands. The Snanish ministrv however, are anxious to obtain some countervailing necuniarv sacrifices from the South American governments. . . Official notice has been given that Algerine corsairs attack all Spanish vessels. Russia. Extract of a private letter

from St. Petersburg, Februarv 14. A'Urper Peru, and returned to Lima.

report of the commission charged with the investigation of the conspiracy at St. Petersburgh, was on the 9th of that month Inirl hrfnrr thn ritinpror alone, bv ,

general Diebitsch. To this report was'propriating the provincial revenue, camejfound, in cue bui died miles in the ser-

annexed a list of the conspirators, pointing out also the greater or less degree of their guilt. The emperor appeared extremely depressed on that day. The mildness of his character recoiled at the measures of extreme severity which the circumstances require. On the 18th, however, his majesty called an extraordinary council of his ministers, and communicated to them the report in question. The council was unanimously of the opinion, that the safety of the state demanded prompt justice, and exemplary punishmeut of the conspirators, especially of those who were taken with arms in their hands. One account mentions that it is expected 400ofiicers will.be executed I It is strongly reported that this conspiracy has existed for a long time, since 1815, under different names; and that it had been resolved to assassinate the late emperor, which was prevented by his sudden death. The whole plot is said to have been discovered. Alexander, Constantino and Nicholas were to have been assassinated on the same day, bydifferent parties of the band, six for each, as Paul, their father, was killed; and one of the reputed assassins of the latter, Michael OrlolF, was at the head of the whole aflair. The papers relating to it, were found in the possession of the princess Troubetskoi, at St. Petersburgh, who was arrested. A republic was to have been proclaimed, and Orloff was to have been the chief of it. Much speculation exists about the journey of the duke of Wellington to St. Petersburgh and because that, in the king of England's speech, the affairs of Russia were not at all alluded to. Russia has lost another distinguished individual. The celebrated general Rostonchin died at Moscow latrlv. ' . -iiii V ,t 1 pioioii, wiui "ie oay;

of the late emperor, was near I u la, theprtions of lhc govenunent and of th workmen, slaves they must have been,' bank- The revcnue is doing well, an

jin the manufactory of arms, waited on

they have yctl "nees recelve lf? a,1d then drew a i w.lfT ' tne Ilear? eight versts, or more than em, ana rnag-,r r ,i , i- j v..

iuui unit:?, ouch im.- weie ieiievt'U UV merchants and citizens of the place, who drew it to the cathedral, &c. Greece. The rumors from this coun-

try so much contradict one another, ties r elative to the affairs of St. Dominthat it is, perhaps, best to let them, gene-, go; but the people of France are quiet

rauy, pass ior tne present, un tne wnoie, however, they are very favorable to the cause of liberty and right. Ibrahim Pacha is said to have lost 2000 men in his attempt on Acrata. Colocotroni had carried Trippoliza by storm. The fight and slaughter was dreadful. The castle was burnt down, with all the Egyptians and negroes from Darfour in it, in retaliation of cruelties by them committed Thirty six Chris tian ofilcers were taken, and spaied by the Greeks for the present they were to be marched from village to village, to be exhibited as scoundrels. Missolonghi held out gallantly. The Egyptians lately lost 18 vessels of war, captured or destroyed by the Greeks. Col. Fabvier is of great service to the patriots. It was through him, chiefly, that Trippoliza was taken and 2500 of the enemy destroyed. Ibrahim was severely pressed, and had lost nearly every strong hold that he heI4 in the Morea.

It was thought that he has not more than 10.000 men at his disposal, Later accounts say that Missolonghi had been provisioned by the Greek fleet that a great naval victory had been obtained, in which Miaulisand Cannris succeeded in burning 1 5 Turkish vessels, among them three of their largest ships and that 2,000 men had left Hydra for 'Ncgropont, where a general insurrection

against the J urks had broken our. oiomuia. l ne neei utieu vui ti virthagena was proceeding but slowly. The new frigate built at New York, had arrived, and was much approved of. Some privateers are busy off the coasts Spain, and of Cuba, making many Mexico is represented as being very

luiet and nrosnerous: and great respective, l our ot the crew ol the tangle,

is paid to the, laws. It seems that troops have been assembled in Yucatan for the 1 I ---- o I I purpose of making a descent upon Cuba, hen Colombia should act simultaneous jly, and the congress should sanction the measure. Brazil. The governments of Rome, Austria, Sweden, Denmark, and France, have officially recognized the indepen dence of Brazil. Buenos Ayres is closely blockaded by Brazilian squadron. Some papers 'belonging to this matter are unavoidably postponed. postp Peru. The castles of Callao have been surrendered by gen. Rodil, and the i:i Peru is wholly at an end. The 'particulars ot the capitulation has not t readied us; but the royal force was "reduced to :.00 men. The Colombian ' troops were about to return home. This news is r.flieial. Rodil was to embark for Europe, at an early day. He sur rendered on the 23d January. fiolivar has riven im his authority in The temporary command was vested in gcreral bucre. Canada. The difference between Britain and Canada, on the right of ap under consideration in the parliament of Low er Canada, by special assignment,

& under a call of the house, on the 21st ;ot timber, irom a lew to tliree or lour ult. The session continued from 10. hundred aids ii lei gtb. To break or o'clock, A. M. on that day, till b oVIock jremove then., so that steam teats could in the morning of the following dn pass, would be a work of very great Ja.when the house decided against "thejbor and expense; and, if cfletted, the,

claims of the British ministry, 37 to 4. The house, when all are present, consists of 50 memt ers. One scat is vacant, 3

members are absent frcm Canada, andjwith such quantities oi'car.e, vires, and

one is sick. The galleries, wardroberoom and passages, were full to everflowing a part of the time. The attorney general spoke three hours on the part of the minority. An address was voted to the king. Thus Canada takes her stand. Some other colonics complain that Britain fixes the salaries of the custom house oflicers, and requires the provinces to pay them. Many menacing rumors were spread of the dangers w hich would result from thus persevering in asserting their right of control over the 14th Geo. 3d. all these menaces were despised, and justy by the house. The British ministry, we prophecy, will act with magnanimous justice. The Quebec Mercury hints at some dread fit; ( ense quences, il the house does not )iehi arc we to have military execution? is our coi sitution to be annulled? be it so :h consequence can be worse than that of )ielding let us see our condition openly and without a mask we will be only the nearer a remedy. Mont. Spec. Later foreign news. Many more commercial and banking houses had failed in England, and the; great merchants and bankers in Germa-!

Inv, Prussia, the Netherlands, &c. were'low water; which, being done, and a pas-

f " a-v' a,,,u 101 1 . F HKO, pcrnaps, was never nearu or before, but the ruin in England ap gtobef the pouerful ex the d the minister shews a flourishing state of the finances; which, by our own experience, we very well know, may shew a distressed and improverished people. There have been some very warfh debates in the French chamber of depunm secm t0 be prosperous. Strong bands of constitutionalists have appeared in several parts of Spain. Another revolution is apparently looked for. The curate Merino is in arms against the govenment. Russia is quiet 12 or 1 3,000 persons I are said to have been implicated in the late conspiracy, some of them of the first rank. It is stated that the emperor will speedilv reduce his army. The Greeks have evidently been very successful the Egyptians and Turks, by land and sea, have been severely mauled by them. Important particulars may be expected. Buenos Ayres is closely blockaded by the Brazilian admiral Lobo. Mr. Forbes, our charge des affairs, has had a correspondence w ith him which shall be given hereafter. Sir Walter Scott has made oath only that he is the proprietor, and not the au-Um-i of the Wavorly novels-

It was stated by the last arrival, that the New Orleans revenue cutter was towing in a piratical vessel. This report originated in the following occurrence as related in the New Orleans Mer. Adv. of the 14th. "The schooner Eagle, of New York, loaded at Havana, seme time last month, with goods for inhabitants of Merida and Ciiel; the fcimer the capital and the latter a seaport of Yucatan. The schr. having arrived on the coast on the 1st of March, was tired on by a Mexican gun boat, called the Tampicc. She was then boarded by a lieut. of the Mexican navy, w ho declared the Eagle to be a good prize, inasmuch as she had violated the revenue laws prohibiting the intro-

;durtion of goods from SpainUh ports, were taken out, and a Mexican prize master and 11 men put on beard, w ith orders to take her into Campeachy. On tne tnu U inst. me capu oi me r.agie took advantage of the prize master and some of his men being below, to disarm the two centiru Is on deck and regain possession of his vessel. Ir doing this, a corporal of the Mexican marines, was shot through the thigh. On the 11th inst. the Eagle arrived off the Balize, and all the Mexicans but the vvour.ded man, were put onboard the Louisiana revenue cutter. JV. Y. Mcr. Adv. RAFTS OF RED RIVER. Xatichitachcs, March 13. Capt. Birch 'and Lieut. Lee, with a detachment of ,men from Cantonment Jesup, who, by jorder of Government, have been up Red River examining the great Raft return ed a fev days ago, after an absence, on that duty, of about two months. Wc have conversed with those scientific ar.d 'very intelligent gentlemen, on the sub'ject of their excursion, the object ot which we understand to have been, to as certain the practicability of opening a Steamboat navigation through the Raft; and we understand from them that they pentinc bed of Old River, about one hunjdred and eighty distinct Rafts or jams 'limber let loose would foim new obstructior.s below. They found the bai ks of the river excccdirglv rich, but covered briers, that it is impossible for a man to get through it without cutting a passage; cf which a man could cut but a lew ards in a day. After examining the old bed of the river as well as they could, the) crossed over an island, hauling their light skill's to the Exavou Pierre, or "Western branch or division of the river, which they found very different; from which a canal of less than half a mile, through a ;level affuvial soil, would open a commu nication into lake Scioto. Ihey entered this lube with their skiffs, and spent several days in examining it. This hake is about 100 miles long, and five or six broad; it has a channel in it, in which they found ten feet water, and the high w ater mark at least fifteen feet above the then surface. The lake stretches along with an indented shore nearly parallel with the river; there is a communication between the lake and the river already about twenty-five miles above the head of the Raft, and one might easily be opened many miles higher up. They found in descending the Bayou Pierre Branch which unites with the old bed again, ahout six miles above Natchitoches, very little obstruction ; the principal of which is a few cypress stumps standing in the passage, which can easily be removed at ! "' . ' V mmung ,u n.gn w.uci 10 ,reem mciih boats from ascending Red river, more than one thousand miles above Natchitoches, or even into New Mexico, through an extraordinary rich fertile country and a mild and salubrious climate. It is believed that the Bayou Pierre passage is more than one hundred miles shorter than by the other branch of the river. Courier. American Manufactures. A Montreal paper mentions, that great quantities of goods, of the manufacture of the United States, have lately been transported across the line into Upper Canada; and that a large part of that Province is likely to be supplied with seme of the coarser articles, cheaper than they car be imported from England, as the duty is only 15 per cent, ad valorem JVat. Intel. From Texas i?i Mexico. The Natchitoches Courier, of March 13, says, that travellers, who have lately returned from the Mexican provinces to that place have seen between Sattillo and St2 Antonio, in the province of Texas, 700 troops, who are to be divided into three detachments, and stationed at the Trinity, Nacogdoches, and the Sabine. "If this report be true, (says the Courier) it will undoubtedly, be cheering to the enterprising settlers, who have lately locacated themselves in Col. Austin's and Edward's settlements. It will afford rich matter for our politicial speculators this side of the Sabine." Ib