Indiana Palladium, Volume 2, Number 50, Lawrenceburg, Dearborn County, 23 December 1826 — Page 1

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EQUALITY OF RIGHTS IS NATURE'S PLAN AND FOLLOWING NATURE IS THE MARCH OF MAN. Barlow. Volume II. LAWRENCEBURGH, INDIANA; SATURDAY, DECEMBER 23, 1326. Number 50.

PRINTED J1JYD PUBLISHED BY J SPRKCEK, D, V VLLFY.XJ co. On every Saturday Morning.

XEHBSSA Of his Excellency J. B. RA Y, Governor nf the btate of Indiana, aeltierea '(in person) to Loth Houses of the General AtdCrnbiy, ct Indianapolis, on the 2th inst. (concluded.) The public Seminary at Bloomington, with the exertion of its directors, and of the scientific professor under whose im mediate charge the institution with every propriety is placed, is advancing in usefulness and character. It is presented ss deserving your paternal care, and as requiring only your favourable counten ance and support, to ensure its permanen cy and respectability, if the judicious intimation, in our Constitution, as to the sale of the Seminary lands after the year 1820, should he repulsed by your views of policy, and our state institutions are left solely to rely upon the proceeds of those lands for support, you can, then, easily be made sinsible of the necessity of appropriating something from the treasury towards the improvement of this rising Seminary. Books, apparatus for the illustration of the sciences, and a decent compensation to the professor are indispensable prerequisites to the success of the college. With such ample resources in land as we possess for building up and patronizing a great state institution of learning in Indiana, she should no longer indulge herself in a state of passivity on this subject; but at once admit the truism that letters and intelligence are the precursors of power. Education made the Greeks good members of the Commonwealth by enhabiting them to acquire such arts and habits, as rendered their services available in peace or war. In the most flourishing period of! the Roman Republic, literature had a patron in every great man; and instruction prepared all orders of their youth for the Senate, the bar, or the field. But here in this land of freedom more than any where else, knowledge is our sword and shield- hence let u? gird upon posterity this formidable panoply, and th? republic is safe. That section of land in each Congressional township, for the use of common schools, requires your particular notice. The laws regulating these lands are susceptible of improvement. Something should be done to prevent the commission of waste upon them. To find the most effectual preventative there is some difficulty. What strikes me as most likely to succeed, under the present mode of disposing of them, is to give long leases for a certain and determiate term of years, on a yearly ground rent; and sub jeet all persons for the commission of waste to an indictment in the Circuit Court. In this way you may create such an interest in the lessee, as to induce him to preserve the soil and timber; whilst on the other hand you threaten

him and all others with the terrors of a! tide of the compact authorises Congress public prosecution. You will find thatjto form either three or five states, at their

the law regulating these sections, is ex-! tremely loose, having no vindicatory clause. The example, however, which Ohio has set in getting an act of Con gress passed for the sale of similar lands may influence your decision, and induce you to embrace that course. Whatever pUn you may devise, let it have uniform-

lty in view. there are already leases, Michigan. iNow, this is only n power del- fear 'that we have too many penitentiary given in this state on these lands for al-'egated to Congress which they may orjotTenccs, either fir the interests of the most every term, from five to ninety-nine; may not exercise.-Thcy are not bound to! state, the purposes of example, or the

years. 1 his will present great confusion to the future legislator, if he ever concludes to dispose of the right of soil. All well regulated states, both ancient and modern, have viewed the acquisition of knowledge as the most essential requisite to the strength, prosperity atid durability of government. Useful information may be obtained, from the most remote periods of antiquity the middle ages or more modern times, by reading. Ko period, of the world, can admissably compare with the last half century for the general diifusinn of that kind of information which relates to the interests cf the social compact. Great geniuses have appeared, and furnished new theories for investigation and reflection. Intelligence seem? to be flying with immense velocity, from one quarter of the globe to the other; and every annual revolution of the earth, discovers some hitherto hidden invention, that is valuable to mankind. The press, is a principal auxiliary to the march of mind: and Looks are the records of man's mysteriou but exalted character. States, therefore, and particularly republican ones should provide themselves a library when their means will justify it. In thi3 age of suo

cessful experiment, and improvement, they should have under their control and accessible to their public functionaries, such historical, political and scientific works ,tlteasa as concern those principal measures, which most agitate their councils. I presume you are already apprised that Marion county sets up a claim, under trie constitution, to something from the sales of town lots here, for a library. As I presume you will recognize this claim to some extent, a union between the two interests would be advisable. I would therefore respectfully, from all these considerations, re

commend to you to set apart a respecta ble fund annually for a public library, to be subject to such detail as you may prescibe by law. I must here observe, that during the last summer I had the pleasure to receive from Matthew Carey and others, the acting committee for the Pennsylvania Society for the promotion of internal improvement proposals for publishing by subscription, under the auspices of that Society, the reports of William Strickmd, esq. agent for the society, on a tour through Great Britain; with a request that this state might take some copies of the work. The prospectus itself, which 1 will lay before you, will shew the design of the publishers. This work will be useful. It is to unfold to us a correct knowledge of those sciences which are not generally understood, but becoming the most useful to the statesman. Wherever a correct knowledge of the principles of canaling, and constructing rail and turnpike roads are appreciated, the necessity of these publications will be admitted. The work will contain eighty engraving and and cost ten dollars. I would advise a subscription for a few copies. I have the honor to lay before tho gislature, two communications of Peale, the last surviving artist who t u joyed the privilege of painting the por trait of Gen. Washington from life, in

which ne tenders to Indiana the oppodu-i , niiy of procuring a copy of the nlal.''' '' ai

... 13 . . 11 PP h; a ofl,clal cornrnunic:i - tion made uy the uovernor ot iVIichman to the Council of that territory, on the Cth ult. that an opinion is entertained bv him, that the Nor thern boundary of this state is yet unsettled ; and that our boundary extends ten miles too far north. He seems to predicate this opinion upon the ordinance of Congress of the 1 3th of July, 1787, which formed the basis of the governments north of the Ohio river. He presumes that the compact fixes a definite line between the state ami territory, north, which remains unaltered. If this question were to be tested by the compact atone, the Fast and West lines of Indiana, hy a liberal construction of that instrument, might be extended on parallels,to the British dominion6, Noi th, wnriV congress think fit to form anothei state, in the middle range of statps authorised by the ordinance. The 5th ardiscretion, within certain limits; and but three have yet been formed. That arti cle also reads under a proviso, "that if Congress shall hereafter find it expedient thev shall have authority to form one or two states in that part of the said territo-

ry, which lies north of a line drawn thro .reason for a pardon which ought to have the. southerly bend or extreme of Lake.a quitted the defendant on the trial. I

torm even one state north of the line; and may do one or the other of two things as! as to boundary. The worthy Governor of Michigan seiz -s upon this disjunctive

phrasaoiogy in the compact, and makes! lor stealing a penknite,a yard of tape, or it read "southerly extreme' giving it a!an apple, severed from the tree, as for conjunctive interpretation in support ofan hundred thousand dollars. I would

tus position. Without now attempting' to shew the immense diilerence between these two propositions, suffice it to say, that the kind of language used in that member of the sentence, was sufficient to justify an expression of Congress on the subject to define the boundary ; the rather so, as it depended upon political contingencies, whether that territory would ever be organised into a state Hence, congress, passed an art authorising Indiana to form a constitution and state government she forms her constitution and in it she establishes her boundary, "ten miles north of the southern extreme of Lake Michigan, and through the southern bend of the same,1' in the language of the ordinance. This constitu lion underwent the most solemn ordeal before the representatives of all the states, by a vote was received, and the state admitted into the Union with this article. -As the ordinance did not

establish the line, but only gave pozeeA

to do feo u congress tnougni u expedient, the state had a right to propose to that body, to fix it in her constitution. Wrere there any doubts as to the term of the compact, are they not removed by the formal consent of the state to the ratification of the constitution, including' Virginia? The conclusion which I would draw, is, that there was no definite boundary fixed by the ordinance; and if there were, the whole is rescinded. The books of the Agent of the state for Indianapolis atfrirs, shew, that 1C5 lots have been relinquished and forfeited to the state. The amount theselots originally sold for,in the year 1821,s$17,50G 25. Good faith requires tha: all the public buildings should be ended on the different squares laid out irrhetown, as soon as the means can be rai;ed to do so. To this end, therefore, a sile of in lots, a resale of the forfeited one, and a sale of some outlots would be atvisablc. I would divide those lands of tke dona tion, lying without the survey ofout-lots, into parcelsof twenty acres. Ascircumstances, not necessary, at this time, to mention, have induced the reduction of the Agent's salary below what that otlicer ought to have for his services, I shall hope that the propriety ofan increase of compensation, will claim a place in 'your deliberation. The concerns of our state prison and some reflections connected with it, deserve your examination. At this time the penitentiary is crowded with con victs. The cau?e is obvious. Wehavi not been sufficiently attentive to a pro vision in the Constitution, making it the duty of the general assembly ki!o forma penal code founded on the principles of reformation, and not on uulictive justice." Ncr have we adhered to that good legal maxim with a proper pertinacity, that csrtiinty and not severity of punishment is the surest way of preventing the commission of offences. While cruel and disproportionate punishments i i.e ini.iLU xi iot i ui am; mva oiieru es. i . " . ii : -. i i i . . d v c created for suflerfceape altogether. .Ji-rr Mv re--j'v fheuld shine forth in ?4t. J:..., thcr-.ehes and net in the fac eit;-'.,a t th' ;?! i.nrts it seem have no r Ifi c e r rrj u t e offc n r r s ; a i d w here the c Miva tici appears doubtful, or the punishment loo'vs to bp tHirearoi able for the crime, they rrs two p.pt, under the influence of thor -..vir.j athies atrd! times honorable to huncin nature, fo excuse themselves from a re-invcsth'-jtioH of the case, and throw the responMbility of decision upon another department of the government, petitioninj'the executive for the exercise of clemency. lie must act (not knowing the facts of each case,) upon uch information as is laid before him. The exercise of the pardoning power by, the 1'xecuiive, is at all times, even upon the icqucat of the court, and jury who tried the cause, or the people, truly a delicate matter and should have advocates in such cases ouly as imperiously require it. But such i the natural consequence, growing out of penalties, bearing no just proportion to the moral turpitude of the crime. Under the influence of the sane merciful feeling, juries fre quently, after convicting, immediately recommend the culprit to the consideration of the governor, for the same cause and assigning too frequently the very same reformation of the culprit. Look in your penal 'ode for instance, at the punishmcnt uf larcenv. The convict may be imprisoned as loi in the State Prison, therefore recommend to you, to make prudent distinctions between offences. &; especially in the crime of larceny. I would settle upon such a value for grand larceny, as should imprison the person that commits it for not less than years. But petit larceny may be fully and advantageously punched in some other way, such as labor on the public highway, and the loss of all privileges. Be pleased, therefore, to let me press upon you, this other section of our Constitution. Art: 1. Sec. 16. "All penalties shall be proportioned to the nature of the offence." Before I dismiss this subject, I am constrained by a proper sense of duty, and a due sensibility for the unfortunate, illiterate portion of the community, to assign another cause for the number of convictions for crime and misdemeanors whilst I shall respectfully propose, a remedy a remedy novel, but not the less reasonable, for

it hears the impress of its own philosophy. The laws of the land ofa criminal

and penal nature, are not suflicicntly promulgated and known amongst the great mass of the people, upon whom they operate, to apprise them of their charac ter and provisions, so as to enable them to avoid their violation. How many industrious, enterprising and virtuous citizens are there amongst us, who cannot even read the law ; and how many more, must there be whose abilities enable them to read, but to whom our statute books ire in; ccessible, your experience can tell? How, then, are these, to learn the long catalogue of crime, &c. Must they know right from wrong intuitively; and he responsible in life, reputation, person and property for the errors ot opinion and action as to moral duty? It is not every one that has happily been educated in a christian school of theology. Some there are who have never, never seen the excellent precepts of the Bible. Without a knowledge of laws, either human or Divine, the distinction with such, between right or 7crong, is a mere creature of opinion, depending upon present circumstances. Nothing can be harder in its operation, in such cases than the acknowledged maxim, ignorantia legis, neminem excusat. Again and again are offences committed, ignorant of the law that created them and the first intimation that the innocent violator receives of his transgression, is a writ, accompanied with the thunders ofan awful prosecutiou. I would therefore advise a republication of the criminal code, and as soon as practicable, to be circulated amongst the people: And I would also advise, that you require the President judge, and prosecutor of each judicial Circuit in the state, on the first day of every court in each county, to read in the Court House the acts denning crimes and punishments, with proper illustrations, with such common law offences, as shall be supposed may be committed. This would have its good eflect upon all conditions of the people; the illiterate especially. Sojoonas this mode ot promulgating the laws becomes notorious, those who are anxious to be loyal and obedient citizens, and whose rights should he protected, will avail themselves in great numbers, of this fine opportunity of learning their legal duty. I will here also take the liberty of recommending, without comment for the 6ake of jiitirv, that o'i do extend by law the privilege to a criminal and the state, of asking a jury before they are empannelled and sworn u htther they have formed or expressed an opinion, cfihc defendants guilt jr innocence. In the reduction of the standing army, the United Mates placed every conh dence and reliance in the militia of the several states. That the citizen soldier is thehulvvark of our defence, is a principle too generally admitted, at this day, to he in the. least strengthened by an assertion of mine. Hence the states should posses the means of sustaining this exalted opinion of their prowess. A co-operation with the Union on the part of the state, to assume an attitude of preparation for imeigencies, desert esan unqualified acquiesence. A presumption like this induced Congress by their law, to provide for arming and equipping the militia of the states. This state has been made to feel in an imperfect manner, some of the advantages of this enactment imperfect, on account of a continuous lUtlessness with us, to this momentuous purpose. WTe unofficially know that this state has already received a handsome supply of arms and munitions of war, but where, or in what condition they are, is tho subject of conjecture? The Congressional act of 1 808, contemplates state legislation for their reception, distribution and preservation; but silent we have re-I mained to these high considerations. Irreparable injury is the consequence. A law should be passed providing for the organization of a Quarter Master Generafs department, and defining his powers, or giv ing a discretion to make such rules as he may deem necessary to carry the object of the act into effect, with power to enforce his orders. The object of such a statute would be to ascertain what kind of arms, and how and to what extent they have been received in this state and to provide for their future distribution and preservation? A compensation should be allowed adequate to the services, labour, and responsibility of that ollicer. The attention ofa former legislature was called to the propriety of improving our statutes for the benefit of the poor. A law was passed last session, making it the duty of the clerks of counties by the first day of September, to certify to the Secretary's office, the expense of support

ing the poor, under the present system one veai. with a view of shewing its de-

feet upon the principle of economy, and to furnish reasons for a change. That law seems to have been disregarded bj most of the clerks,s as but fourteen re turns have come to hand. 1 hose re turns, however which are present will give you some idea of the whole expense in the state, although far from giving satisfaction. That the state may be divided into districts, a tract of land purc hased in each, and an asylum constituted therein; in which the poor and infirm may be supported at half the expense of the present system; and with far more humanity, and credit to the country as well as comfort to the unfortunate object of charity and in the spirit of our Consth tution; is sincerely believed by thosa who have riven this soul kindlinf sub ject a careful investigation. Hence I may ireeiy asK ior tne satisiaciory reason, why such a system shall not command your sympathies and convince your judg1 1 1 menu i view n as our vonsinuiionai, yea, moral duty, to interfere in this business. And I hope we will pause, ere we concluded that our existing laws in this respect, are not a deep blot upon the fair escutcheon of our country's fame Do they speak the spirit of the age which is pregnant with relief for the poor, the unfortunate, the weak, the miserable? There are those who think they do not. I am happy to have it in my power to inform ou, that our financial concerns are in the most flourishing condition The existing icvenue system presents us with very satisfactory and successful re suits. Free from debt, exempt from embarrassments of any kind, rich in resources, with a treasury tilled to meet all ths ordinary and necessary demands unonit, and with a bright prospect of lessening the people s burthen, we may with every propriety mingle our congratulations together, under audi a heart animating combination of pleasing circumstances It affords me great pleasure to believd that we shall mutually view the practical operation of those revenue laws in & favorable light, which produce plenty with certainty to support the government, without creating dissatisfaction in the community. The voice of historv admonishes us to stability in these mat ters. Frequent changes are Droductivo of frequent mischief. The best talents in the world have olten been exerted to produce good revenue systems: and at last admit that, that system which is best adapted to the particular circumstances of those who are made to feel it is the best. No doubt the advalorem system is the most equitable, yet difficult to be carried into t lfect. The time, however may come, when it will be found the favorite one with us. Whilst, on this sub ject, I will take the liberty of suggesting an amendment to t lie revenue law in aid of the system. I would compel the collectors to settle with the Treasurer according to the taxable lands in his county; and let a map from the land office be evidence of that quantity. If this intimation were to be approbated by you no assessment of lands will be nece-sary. The receipts into the treasury, during the year 1826, of the revenue of 1825, and from all sources, ending the first of December, instant, including seven thousand eleven dollars 35-100 formerly in the treasury, amount to thirty-five thousand three hundred and thirty one dollars 32-100. The expenditures for the same time, amount to thirty-one thousand two hundred and twenty-four dollars 32-100, leaving a balance in the treasury, of those receipts, of four thou sand and one hundred and six dollars 40-100, at this time. The expenditures consist of 24,294 50 for the civil list. 5000 paid Frederick Rap, in liquidation of his claim against the state, ,1240 of treasury notes burnt, and $G0O 42 of interest paid. 1 he assessments of the present vear under the existing act are estimated at ,$'44,000. Of this sum it is believed that the treasury w ill realize the sum of thirty-four thousand dollars by the first of January next, allowing $10,000 for de linquencies and commissions. Add to this sum the remaining balance in the treasury. And it will make $38,106 40100, which will be in the trea sury on the first of January to meet the demands of the current year. To this sum mr.y also be added in expectancy, the sum of 2000, which will, in all probability, be paid during the next year, on different delinquent lists; and your available funds will be -40,106 40. The whole expenses of the current year, may be estimated at 25,000. This amount deducted from the sum expected to reach the treasury, will ioava