Indiana Palladium, Volume 5, Number 1, Lawrenceburg, Dearborn County, 10 January 1829 — Page 1

EQUALITY OF RIGHTS IS NATURE'S PLAN AND FOLLOWING NATURE IS THE MARCH OF MAN. Barlow,

Volume V.J LAWRENCEBURGH, INDIANA; SATURDAY, JANUARY 10, 1829. Number 1. cm

Indiana Legislature.

GOVERNOR RAY'S INAUGURAL SPEECH. Gentlemen: I again meet you, sum moned.by the voice of my country, un dernew election, to make another ap peal, to the Supreme Ruler of Worlds and .Nations, whose omnipresent eye ran never be eluded, for the faithful dis charge of the duties of my new steward ship, during the time the Constitution allows me to serve. Whilst my heart is overflowing with Gratitude, to my fellow-citizens, for the renewed testimony of their confidence, which I have recently felt in mostefiectuul manner, allow my tongue, to congratulate you, and our young and flourishing community geneially, that we have not provoked the M -ijr-sly of Heaven to retaliation upon us, or given offence by our conduct to any of our neighboring states; that our land is full of bles sings and prosperity, compared with the deplorable condition of most of the nations of the Globe; that our minds and persons are free, and all our rights secured by a written Constitution; that ours is the christian religion, whose salutary effects are demonstrated, in softening the ferocious temper of the Lion into that of the Lamb; in refining and polishing societies; that the clarion of war ithung upon the closed doors of the temple of Janus, and Ceres is with us, adorned with her garland of corn; that in politics, the will of the majority, is the! sovereign ; in religion each one's will and conscience, sovereign; that when one U charged with a violation of the Jaws, he is to be tried by his Peers; that slaves cannot breathe, or "sinews be bought and 6old," in Indiana; that the people continue jealous of their liberty; and punish usurpation with their aurhorlative . fc Y T I III veto; mat the Uuiou is a Knarieci Knot, not to be riven asunder, by the poison ou.5 breath of treason, faction, or ambition; that the inflammatory spirits of the day, are falling victim-, to the manly and cool rebuke's, cf the sober, wise a-.id thoughtful; that the general government is ably, faithfully and prosperously administered, whilst it protects the industry of ou r own citizens, against a ruinous foreign competition, and distributes the treasury, aa well' to make roads and canals in the interior, as to build light houses and o'her improvements on the Seaboard; that it is believed this policy will not he changed, by a change of chief magistrates; that the 6tate of our adoption and choice, (bounded on every side, and interspersed throughout, with nature's beautiful navigable rivers and laks, with her two turnpike roads crossing at right angles at the centre, and her canal rum-ing Irom her south western, to her north eastern sections through the northern centre and affording an outlet to the great commercial cities of the cast, in perspective) has entered the list of competition with u fair prospectof rivaling her most powerful Jsters; that, where, was lately the wigwam; of the aborigines, in which they peribi tiled their superstitious ceremonies aud frantic orgies, where, they often told the heart thrilling story of their valorous deeds in war, and, where, their light feet pressed the unploughed earth in frighful dance, fields now wave, with yellow grain, cities and villages, and stately domes, stand dedicated to religious, pitical, or intellectual improvement; that we owe nothing; and that our burthens are light, and we contented and happy. Although I entered into the late canvass at a crisis fraught with as much danger to candidates for office, as this country has ever witnessed ; at a time when the most fearful public excitement, that ever agitated the republic, had risen to its achme; at a time when the rights of friend and consanguinity, were swallowed up in the general fermentation of the day; at a time when the populace were laboring under the most splendid artificial delusion and madness, that ever bewitched an intelligent society; at a time, when the candidate, appeared to possess no other merit, or demerit, than that he was the friend or opposer of one or the other of the brightest stars in our galaxy of heroes and statesmen; and at a time when the voice of meiit was literally stifled, by the spirit of party; yet, whilst under these circumstances, I could recognise those who earn their bread by the sweat of the brow in my support, myself hanging upon the skirts of no man, nor deriving strensth from any party, but contending against the double force of its mighty influence, marshalled under two of the most controling and popular names in the Union, my present success should be the source cf mcs cnsoia-

ttion and thankfulness, than that of any

former period. Be assured, that I feel the weight of obligations that are upon me, to tender, in return, my promise for a faithful servitude. For all my acts, I shall be subject to the severest scrutiny of the people. That portion of charity and indulgence, always due to human infirmity, is ail I ask for myself. Your best exertions in co-operation with mine, I ask for rm country. To act in concert for the future good, without remembering, oul with regret, the animosities, the personal, political, or party difficulties and broils of the past, will enable you to lay ootyour wisdom and intelligence to the best account. But, if party spirit should display her gory locks in your halls, or sectional jealousies deceive you, then, wholesome legislation must suffer an ig nominious Martyrdom, at the shrine of paesion, design find intrigue. As for my self, I will endeavor not to have different feelings towards those, who have not favored my political pretentions, than my fellow citizens generally. If my most active exertions, to preserve harmony, in the several departments of our gov ernment, shall meet your approbatioi and be crowned with success, for the next three years, I shall be amply com pensated, for all the bitter cups, which it has been my lot, in common with o ther public men, to drink. Nothing is received into the heart of a public man, with such a cordial wel come, as the consciousness of public approbation. It aroxiscs all the slumbering faculties of the man, into redoubled violence. It awakens into being, a new zeal, to act with that circumspection, which will justify the confidence reposed In gone by times, I know, that I have felt a lively interest in thf honor and glory of the state. My prsem fethng? beai witness, that in future, theie shali be no abatement in resolution or exertion, to push forward the Car of her prosperty. jVozv, the time is mine to promise hereafter, yours, fo call for its execution. Inflict on me the severest punish ment I can receive, your censure, when you are deceived by me; hut, at all times spare me, Oh! spare me until I am heard. An audience, to justifiy or confess my deeds, is all I ask, from a candid world. LIEUT. GOVERNOR STAFF'S INAUGURAL ADDRESS. Gentlemen of the Senate: Having been called by the people of the state of Indiana to preside over the deliberation;! of one branch ol their legislative depart ment, I take this opportunity to make, to them through you, my respectful ac knowledgements for the honor they have conferred upon me. In taking upon myself the discharge of le duties assigned me by the Constitu tion, lam aware of the importance of the station J occupy, and the responsibili ty of the office I hold. To discharge those duties with firmness, dignity and impartiality, and to do credit to the station and honor to the states, requires a talent rarely possessed by any inuiviuuai. dui wiui presevenng muustry on my part, and a liberal upportand generous and indulgent forbearance on your part, we may indulge the hope, that our deliberations will glide smoothly on to the termination of our labors at the end of the session. Under the authority of the constitution of our country, each successive year

brings together the agents of the people, to the state of Virginia to revise her act to deliberate on the interests of the sta'tp.jof cession and cede said lands, without In this character are we now assembled any condition, to the United States. not as partisanscontending for power. Same Vol., page 69, the subject of the not as combatants manceuvering to' unappropriated western lands was again carry off the piiz but as a band of. taken into consideration by Congress.

brother, met in council to consult for their common good. As su h a free, liberal, and unrestrained interchange of opinions will strengthen our friendship, improve our judgment, enlighten our minds and bring us to that point, which will enable us to see clearly the interest of our country, and act in concert in advancing those measures that promote the happiness of the people, and which will ensure to us the approbation of our constituents. A free and unrestrained discussion of subjects submitted for our consideration, is the basis and safeguard of our political institutions, and when tempered with mildness and forbearance, proves a source of delight to the hearers, inculcates harmony in our body, and ensures success and perpetual duration to the grat charter of our liberties. Order and self respect deserve the particular attention of afl deliberate bo dies, and of none more than the honor-

able and highly respectable, body, ofldiUon; zuid a committee report; thut it

which each one of us form a componentlis expedient that Congress should accept

part -the Senate of an independent state. In taking the Chair as President of your body, I rely implicitly on your aid and fiendly advice in my arduous duties, and upon jour untiring zeal and constant co-operation in the discharge of the agency and interest committed to our care. Preamble and Joint Resolution, On the subject of the right of Soil, Eminent Do main, t$'c, within the State of Indiana. Whereas, Your committee appointed to investigate the right of the state ofj Indiana to the soil and eminent domain of the unappro riated lands within the same, find upon examination, that the state of Indiana, heretofore, was a part of that country, called the Northwcs tern Territory of the United States. This territory embraced all that tract of country, which is situate northwest of the river Ohio, east of the river Mississippi, south of the northern boundaries of the United States; commencing at the northwest corner of the U. States, upon the east bank of the Mississippi riv er, and extending eastward to the state of Pennsylvania; thence south, by the west line of the state of Pennsylvania, to the river Ohio. This tract of country was claimed by several states of the Union at various times, and under various titles, to wit: By New York, Massachusetts, Connecticut and Virginia; each state urged its claim and right as an independent sovereignty. Several other states in the Union, from time to time, laid claim to a part of these lands. But congress never recognized any other right or claim, but that which each state derived from the British Government, guaranteed in their respective charters, and which was wrested from -aid government by the right of conquest. Upon further examination in the journals of Congrcfs. vol. 3d, page 535, your committee find the first resolve of Congress, upon the subject of public lands; which rcLoIve is in substance as follows: Re-ofcrd, That the unappropriated lands that may be ceded, or relinquished to the United States, by any particular state, pursuant to the recommendation f Congress of the Cth day of Sent. last. shall be disposed of for the common benefit of the United States, and be set tled and formed into distinct republican tates: which shall become members oil the federal union, and have the same

rights of sovereignty, freedom and inde-jor&tln,zin ana regulating, and governpendence as the'other state -s: That each ,nent in tne terriioiy of the United

state shall have suitable extent of territo ry, &c. That the said lands shall be granted, or settled at such times, and un der such regulations, as shall hereafter be agreed on, by the United States in Congress assembled, or any nine or more of them. Same volume, page 5C9, the 9th article of the confederation contains this proviso: No state shall be deprived of territory for the benefit cf the United States Vol. 4th, Journals of Con gress, pages 20, 1, 2, 3, and 4, the sub ject of the unappropriated lands, and the rights of different states to such lands were taken into consideration bv Con gress, and generally discussed; and Congress, with sundry other proceedings upon the subject, resolved that they could not accept the cession made by the state of Virginia of a certain portion of the public lands, with the conditions - . . . t . annexed, and earnestly reconimennVH and all the states of the Union, claiming which nave made ro cession, are airain me. eciuMvc piupciiy in me. same earnestly solicited, oy Congress, to make liberal cessions of such lands, according to the recommendation of Congress of the 6th of September, and the Resolu tion of Congress, of the 10th of October, 1780, and that those states w hich have made cessions not agreeing in principle with said recommendation and Resolution, be requested to reconsider and revise the same, and send the result to Congress. In the same Vol., page 231, will be found a protest of the state of New Jersey, particularly protesting against the acceptance, by Congress, of the cession made by the state of Virginia with the condition of a certain portion of the western unappropriated lands, to which Virginia claims exclusive right3. Same Vol., pages 265 and 6, Congress take into consideration the act of cession, by Virginia, with the con

me cession oi Virginia, wun an me ton ditions; which report was agreed to

Same Vol., pages 293-4, Congress take into consideration, amend &, adopt a re port of a committee, which report recommends as wise and nec :ss;.ry,as soon as circumstances shall permit, to erect a district of the western territory', into a distinct government, as well for doing justice to the army of the United States, who are entitled to bounty lands, as a reward for their services, &x. Same Vol., pages 342-3-4, Congress again take into consideration, the act of ces ?ion of the wes'ern lands by the state of Virginia; and the Delegates in Congress, from the state of Virginia, lay be fore Congress, a form of a deed of ces sion, according to the act of cession, passed by Virginia, October 20th, 1783, ceding all the right of that Common w ealth, to the territory north west of the river Ohio, upon certain conditions therein contained Congress, by resolve. agree to accept said deed, whenever the said delegates from the state of Virginia are ready to execute the same; w hereupon the Delegates executed the deed, and it was ordered to be enrolled among the acts of the United States in Congress as sembled.-Same Vol., pages 4 16-7,481-2 520-1-2, the subject of said lands w as at various times under the consideration of Congress, and finally eventuated in an ordinance, for ascertaining the mode of disposing of lands in the western territo ry. Among other reservations, the 1 6th section was reserved for the use of public schools, with a general reserving clause, reserving all the rights of all persons, which they may be entitled to, under the deed of cession by Virginia. Same Vol., pages 66 1-2-3 and 703, Congress again had the subject of the western territory under consideration, and recommend Virginia, by preamble and resolve, far to change her deed of cession, as to permit the division of the territory of the United States, lying north west cf the river Ohio, into distinct republican states; not more than five nor less than three, as the situation of that country and future citcumsiances may require; which states shall neieailer become members of the Fcd - cicti onion, ami nave wie same rights ol cvert ' freedom and independence, as the original states, in conformity with the resolution of Congress of the 10th of October, 17G0. Same Vol., na-e 1-2-3-4, Jwly 13th, 17C7, Congress Psed an ordinance for the purpose of. btates north west of the river Ohio. In the Revised laws of the state of Indiana of 1 854, page 22, will be found an act of ihe state of Virginia, of Dec. 30th, 1 788, confirming & establishing the boundaries of the state of Indiana, as designated in the 5th Article of the Ordinance of Congress, of July, 13th, 1787. Ytur committee ate of opinion, the ordi nance of Congress, of the 13th July, r. a . lo, was made specially, for the purposes set forth in the title, and to fix the time when each of the contemplated divisions of said territory should be admitted into the Union, and exercise the same rights of sovereignty, freedom and independence as the old states, in every respect whatever. When that period arrived, as fixed in the ordinance, the then citizens of the state of Indiana were placed precisely in the same situation. as the citizens of the old states were placed, at the time when those old states were acknowledged, and declared sovereign, free and independent states by the government of Great Britain, and all the other independent powers of Europe. The citizens of all the old states have, ever since that period, claimed, exercised and enjo3 ed all the rights and powers of self government, with every right to the territory they were acknowl edged to possess, absolutely and uncon ditionally, in the same extent as any other sovereign, free and independent state, nation or power. They, the old states. have likewise, ever since that period, claimed and enjoyed all the rights and privileges, secured by the laws of na tions to independent sovereignties, have been bound and regulated by these laws and no other. ' Then, after the period of time, as fix ed in the Ordinance giving the state of Indiana the right of self-government had arrived, no power upon earth had a right to interfere in the formation of her Constitution and government (provided her government be republican); or require of her to make any stipulations. before she should exercise the rights of sen-government, occupy the territory she wasacknowledged to possess; and be

entitled to all the rights and privileges of the laws of nations; be regulated and bound by them and them oi ly. All these rights were guaranteed to the state of Indiana, by Virginia, in her deed of cession of the Northwestern Territory to the United States. In the Constitu

tion of the United States, Article 1st. Sec. 8th, the powers of Congress are described. The 16th division of the Sth section declares in what cases, and over what portion of territory, Congress shall exercise exclusive jurisdiction; and specifies how, and in what manner, Congress shall be vested with this exclusive jurisdiction, and for what purpose it is given. Sec 10th of the same Article, takes away the right of any state to en ter into any treaty, alliance or confeder ation. Article 4th, Sec. 3d. nrovidea , j j for the admission of new states into the Union, and gives Congress power to dis pose of, and make all needful rules and regulations respecting ths territory or other property belonging to the United States, and likewise it says, nothing in this Constitution shall be so construed, as to prejudice any claim of the United States, or of any particular state Arti cle 4th, Sec. 4th, guarantees to every state in the Union, a republican form of government. Article 6th says, all debts, contracts and engagements entered into before the adoption of this Constitution, shall be as valid against the United btates, under this Constitution as under the Confederation. Oth amendment to the Constitution says, the enumeration in the Constitution, of certain rights, shall not be so construed as fo deny or disparage oth ers retained by the people. 10th amendment says, the powers not delegated to the United States, by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people. Upon the 19th day of April, 1816, Congress passed an act for the purpose of enabling the citizens of the territory of Indiana to form a constitution and state government, and for the admission of such state into the Union upon an equal footing with the original states, so says the act: This act authorises the jcitizens of the territory of Indiana to call a convention to take into censidera tion the propriety of forming a constitution and state government for said territorv ; at the same time, restricting and prohibiting the convention, the exercise of the u.ual and important conventional powers of a sovereign, fre? and independent republic, by requiring the constitution and government which the convention were convened to form, should not be repugnant to certain articles of the ordinance of July 13, 1787, which congress (not the fcoveren people in Indi ana), had declared should be irrevocable between the original states, and the people and stales of the territory north-west ofihe river Ohio. This same act submite five propositions to the said convention, as the act says, for their free acceptance or rejection, proposing to give the contemplated new state, certain small portions of the public and unappropriated lands then within the same, and quite a small part of the neat proceeds of the balance of the said tends wheuever they should be sold, limiting and restricting the use and application of all these donations for certain specified purposes, requiring, the convention, as a consideration for the above gift and grants, to pass an ordinance, irrevo cable, w ithout the consent of the United States, giving and granting to the United States certain rights and privileges, incompatible with the rights of a sovereign, free and independent state. The United States heretofore, in their ordinance pi escribing the manner in w hich the public lands, in the western territory, ohall be disposed of, gave the 16th seo tion of every township, for the maintenance of public schools within said townships. The five propositions in the act proposes a treaty w ith the state, which the Constitution prohibits, and the right which the act proposed to secuie to the United States as the consideration, are such as the U. S. cannot Constitutionally hold and exercise in any state; consequently both are void and not binding or either party. For, the moment the terbe came a sovereign, free and independent state, that moment the right to all the public unappropriated lands within the same, vested in tier; being a uecessary appendage of sovereignty, and inseparable from it. The United States could not, afier that time hold a foot of land in the state, except it were constitutionally acquired. Your committee are of opinion, this att of Congress, so far a it limited the acts aud