Indiana Palladium, Volume 5, Number 49, Lawrenceburg, Dearborn County, 12 December 1829 — Page 1

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EQUALITY OF, RIGHTS IS NATURE'S PLAN AND FOLLOWING NATURE IS THE MARCH OF MAN. Balow. Volume V. LAWKENCEBURGH, INDIANA; SATURDAY, DECEMBER 12, 1829. Number 49.

A subscriber has favoured U8 with the following remarks on the obligations of insolvents to pay their debts. The arguments introduced are worthy of coneideration, and on general principles are plausible if not good. Obligation on Bankrupts to pay their debts. Queries. Is a member of society, professedly established on religious principles, and for charitable purpose?, who has been a bankrupt, and has obtained a certificate, but who has not paid the full amount of his just debts, warranted to

continue his subscription to the society? Is it consistent or creditable to a reh gious society to receive subscriptions irom persons thu3 circumstanced? Answer. In reply to the above que ries, I beg leave to offer the following reasons, which induce me to think, thai a member of a society, established on religious principles, and for charitable purposes, who has been a bankrupt, and has obtained a certificate, but who has fallen short in the payment of his just debts, is not warranted in continuing his subscription to the society. In my opinion the question comes within a very narrow compass, for it will not be denied by any one, that a man is under both legal and moral obligations to pay his debts, in as far as he has the means of so doing. Where, through unforeseen misfortunes or losses, the debtor is rendered unable to do so for the present, yet the same obligation doubtless remains when he shall be in better circumstances. The law, so far as respects bankrupts, has provided a shelter for unfortunate debtors, to enable them to exert themselves, without danger of molestation from the harshness of any of their credi tors, on complying with its forms; yet it by no means follows, either as a legal or a mora! consequence, that the original contract of the debtor, to pay his just debts, is thereby dissolved. Without at all entering into the dis cussion of the policy or utility of the bankrupt laws, which does not appear to me on the present occasion necessary to decide the question, suffice it to say, that they are rather founded on those general principles of preventing evil, by nna'iiivp institution, than on tne nicer J'W"" " r moral distinctions which human laws can seldom reach. Though it is in most ca . r . j : Jri ..s,.inA io.c ees siniui anu immuiat m viuiai of human in8.Uu.ioo yet it does not follow, that the bare observance, of them will acquit a man of the discharge of his n or moral duties. vtfe . , , a n,t ho 51 fininn pr vpi .hi

may be so circumstanced in tits aiiairer"""""1 . T J '

" ....sv. I that, by ncreasing his credits, an equal J- ' ' At m thP inH.vin iah . . . . 1 -.I'.-.J u,m ThP fiam. mina mav Willi II UII ' j v : ho. i in ihpswinrtlpr. thmirrh . u ,,or. rriminiir w - ... whilst the lormer escapes wun noomer discrace than that which may attach to his character. Apply tlie same mode ofreasoningto the question proposed, c;., ihn hanlrmnt has fairlv obtain ed his certiticate,that he has divided all hn nossessed among his creditors, and nrM n n hp w man JIUW oiaiio l niv. " " II he is protected to a certain extent by the law, with a view, notwithstanding v:- f;i.,: iKnf hp pnahlp.d tn ; hU fortune, and to sunercede ul ;oa;n nf hnnbrnnlrv. hv nfiprdspavinEllie remainder ot his debts: tvails himself ot this state of repose . . . . . Trar he av nndprolection,andbetter6hiscondilion; all that he ffaina beyond wnai 6uinces for his economical maintenance, he gains for the benefit of his creditors. By ihe moral law, the original contract with them remains unrescinded and unlulhll.4. ... mQi it m,wf fnllntv. a .1 metier of iK-jt o nat m pni. nnrlor siirh cr. ..m:Lr for v nnrnoap not necesWUUIliuin., j t 4 t ...kton.o or thp -.nnfiniianrP - .. 1 : : 1..:.. ol his pursuus in ousiuebs, is, 111 pimu terms, a fraud upon the creditors, being made out of their money. Until a man ,Uf ho Wp8 hp ran never he .t liberty to bestow what, in such case, ren- kIi . aiKpp-. What a man cannot give, a iocicty therefore cannot .;,v,n,,Lrahli, ormnsictentlv receive, To the sentiments above expressed, hp n,H .hp following direr.iion froin the yearly meeting of the religious ii,.rVn.akprB. 10 nhnrdinatp

'.; incurred hy defendants, and by the state "St Uthc judgment of this meetinc am! counties, in prosecuting and defendthat monthly or other meetings ought ing these cases in the second circuit is not to receive collections or bequests for not less than eighteen hundred dollars the use of the poor, or other services of per annum; and from the notes of the cathe society, of persons who have fallen which I have taken, which occurred .h.n in thpnnvrpnt of iheir iustdebtP. in three of the smallest counties in the

thoueh legally discharged by their cred- circuit, in point of population and biisiitors; for, until such persons have paid ness, it would seem that the aggregate . .l amount wnnhl hp. ronsioerablv above

in equity be considered as their own." VV. C

From the Indiana Republican. TEMPERANCE. At a meeting of the Madison Temperance Society held on the 19th inst. the follow communications were read, and

ordered to be published in the Indiana Republican. Letter to judge ross. Madison, Aug. 10, 1829. Hon John F. Ross. Sir The undersigned, fficers of the "Madison Temperance Society, desirous that that society should be in possession of every fact, which may in any wise promote the important object it has in view, request that you would furnish them with such facts as may come within your observation, and which may be useful in promoling the cause of Temperance. Much of the time of our courts is occupied with trials for offences of which intemperance is either the remote or proximate cause, and this i3 the fact, to an extent, of which the public is not aware. The intemperatcthemselves might blush, if the quantity of misery and crime entailed by them on the community was faithfully collected and reported. When facts speak, the argument is irresistable. We therefore request that you will, du ring the present Circuit, carefully note, as far you may have an opportunity ol doing so, the number of cases which grew out of intemperance; the amount of money expended by the defendants in fees, costs, &x. and by the state in pros ecuting the defendants, together with such other facts as may be useful, and communicate the same to the under signed. Knowing your hostility to in temperance and vour desire that the use of ardent spirit should be banished from our country, we are encouraged in making the above request. We are, Sir, with much respect, Your obd' servants, M. ST A PP. Pres. M. T. Soc. J. SULLIVAN, r. P. M. T. S. JUDGE ROSS'S ANSWER TO THE ABOVE. Charleston, Oct. 20 h, 1 829. Messrs. Stapp and Sullivan, President and Vice President oi the Madison Temperance society. Gentleman, At the close of the cir cuit, in answer to your letter of the 10th of Aueust ast. reouestine: me "to noie f - , . far as I should have an oppor unity U'"S " UU"S ' ' number of cases, and .he amount of ex Pe incurred, by defendants m he ,, .vmprit nf fppR. rnstc. Krc- as also the i , 7 nmr .ini r 11 ymo H K ' ho rnnfv rtnn cfnfp in n rnspri iinor m siiffi r K 's vis v pw 1111 1 i b , il 7u . of intemperance," 1 will state, that at hbefirst court which I attended, after . - i the receipt of your letter, there were fourcses of assault and battery tried, nKipri rfrnir nni f i n t n m nprn nrc.n n rl lhp s- jV"" V ' r7u 7 expense uicuneu . " -' rcV.w. .p., cosis, was noi less iua luny uuua,s, ..u the amount incurred by the county and lte m prosecuting these cases, was not lt3S u..a cou rt which 1 attended, mere were mree persons arnuu u, uUe.,cB , . . r cy wnicn grew oui ouniempeiaiiLc, iwu oi whom vrere tried for an ailray, and the W for stabbing with an intent to commit murder; and the amount of ex nnno in, .ifk.I hi' Ihn Hotondonla in Ino ",,-",,;tJ MJ )- pa) ment of fines, fees, and costs, was -! lica t ri n pai-or.il.' n a! (1 r2 nnrl Inn """"v -v state in prosecut.ng these cases was not isinan inmj uvuuu. ... . court which 1 attended, there were " grew oui 01 imfin uti.u.Lc. x indictments, riots, nffra)S,and assaults, batteries, and the amount of expense - - 1 4 I. . mCUrreu uy uie ueieiiuamc, uj ujc ux mpnt of fines, fees, costs. Ckic. in the de- - -- - 7 -- - fence of these cases, was not less than lwo uoiwi&, -uu iu amyuu. . currea oy uie coumy .ju sutiu, iu seculing them was at least fifty dollars. Finding the catalogue increasing to an extent beyond the limit of a lette ordinary communication, 1 declined rl ihp limit of n lptfpr or no ling every particular case, but in every court in the circuit there were some casesof this kind, and from observation I should suppose the amount ol expense ,h;t "nMy attention being particularly direc

ted to that subject by your letter, I had occasion frequently to speak of intemperance, and from what I have seen and heard from sources which I credit, 1 am induced to believe there is a redeeming spirit in the people, and that if the uni

ted exertions of the moral, intelligent, and virtuous portion of our citizens, are put in requisition, they can and will put a stop to this desolating vice. It ori ginated in the simple habit of tasting, sipping, and finally drinking ardent spl its, abandon this simple habit and the v ice ceases. Phis can be done, and it is absolutely necessary that it should be done, for there is no other vice in our country which is making such havoc of the health, intellect, and lives of our citizens, there is no vice which is produ cing such poverty, wretchedness and miseryi n families, there is novice which tends so much to augment the list of our paupers, and increase the number of inmates of our poor houses, thereby raUingourtases and increasing our burdens. Nor is there any vice which more endan gers the permanency of our excellent government; for its strength consists in the intellectual power, and integrity of the people. Mind is power, and what ever tends to paralyze the minds, and corrupt the morals, of our citizens, weakens our government. The vice of in temperance, in an eminent degree, des troys the intellect, corrupts the morals and vitiates the honor and integrity of all its victims. The interest of families as well as of neighborhoods, counties, and states, requires the united ofFrts of our patriots and statesmen, and all the friends of suuering humanity, to stop, il practicable, the march of this desolating evil in cur land. I believe, however, that the work of reform on this subject has already be gan. 7 he practice of treating, in stores and shops is mearurably abandoned ; and in our best taverns there is no spirits retailed, and most of the tavern keepers are, as they should be, ashamed to have drunkards and tipplers about them. 1 have recently - been informed by the Rev. Mr. Strange, that there are no less than ten societies for the suppression of intemperance formed in this state. Hav ieg complied withyeur n quest so far as I conveniently could, I will conclude hoping that the society over which you preside, and all others formed for similar purposes, may go on and prosper in the benevolent cause which they have espoused. Respectfully, &c. JNO. F. ROSS. Frota the Journal of Health. Water versus Ardent spirits. 'If," says Hoffman, a celebrated German physician, "there is in nature a remedy which deserves the name of universal, it is, in my opinion, pure water. The use of it is so general, and so necessary to us all, that we can neither live, nor preserve our bodies sound and healthy without it." Water is the natural drink of plants and animals of every description, and is the only article which can fulfil those ends for which the introduction of a liquid into the human system is demanded. Its use is equally adapted to every age and temperament to every season and climate. It facilitates digestion, and, by its fluidity, and mildness, promotes that free and equable circulation of the blood and humors through all the vessels of the body, upon which the due performance of every animal function depends. Hence, in physical strength, in the capability of enduring labor and fatigue, in the vigor and clearness of the intel lectual powers, the individuals whose drink is confined entirely to water, far exceed those who substitute for the pure element distilled or fermented liquors. "Their equal days Feel not th' alternate fits of feverish mirth And sick dejection. Blest with divine immunity from ails, Long centuries they live; their only fate Is ripe old age, and rather sleep than death." Errors in regard to drink constitute one of the causes to which, in a great measure, are to be attributed the increase of disease as society advances in computed, that since the introduction of refinement and luxurv. It has Decn ardent spirits into common use, more victims have fallen by it alone, than by the sword and pestilence within the same period. A belief is entertained by many, that there are certain circumstances, however, which render the latter a preferable drink to pure water. Ardent spirits are supposed useful to preserve the system from the effects of cold and dampness. The very contra r rs the fact. Though an individual, while under the lmmedi-

ate excitement of the intoxicating

draught, may perhaps expose himself with impunity to a degree oi coldness and moisture, which would be injurious under other" circumstances, yet, when the stimulating effects of the liquor have passed away, his system is left in a condition far more subject to their deleteri ous influence than is that of the man ha bitually sober. lo drink water during hot weather. or in warm climates, would, it is im;gin ed, lay the system open to the attacks of disease; while a contrary efTec is ascrib ed to the use of ardent spirits. Experience has, however, proved that the latter augment instead of diminishing the pernicious influence of extreme heat. "Rum," says Dr. Bell, "whether used habitually moderately, or in excessive quantities, in the West Indies, always dim inishes the strength of the body, and renders men more susceptible of disease, and unfit for any service in which vigor or activity is required." Rush very aptly remarks, that we might as well throw oil into a house the roof of which was on fire, in order to prevent the flames from extending to its inside, as to pour ardent spirits into the stomach to lessen the effects of a hot sun upon the skin. "I have known," says the same au thor, "many instances of persons who have followed the most laborious employments for many years, in the open air, and in warm and cold weather, who never drank any thing but water, and en joyed uninterrupted good health." Dr. Mosely, who resided many years in the West Indies, confirms this remark. "1 aver," says the doctor, "from my own knowledge and custom, as well as the custom and observations of many other people, that those who drank nothii.g but water, or make it their principal drink, are but little affected by the cli mate, and can undergo the greatest fa tigue without inconvenience, and are never subject to troublesome or danger ous diseases. The instances in which sudden death has occurred from drinking cold water during a heated condition of the body, may probably be urged in proof of the necessity of tempering the water with a portion of ardent spirits; it is to be remarked, however, that it has been found from observation, that the injurious ef fects of cold water, under the circum stances here referred to, occur princi pally or almost exclusively, in those in dividuals wlip arc habitually intemper ate. We have spoken above of water as a means of preserving health and of warding off the attacks of disease. The fol lowing fact from the page of ancient history, will show its powers as a restora tive means. Pomponius Atticns, the friends of Ci cero, to whom so many works and letters of the latter are addressed, whilst labor ing under that uncomfortable state of the mind produced by disease of the stomach, became disgusted with life and resolved to destroy himself. He called together his relations and friends, to communicate to them his design, and to consult with them upon the species of death he should make choice of. A grippa, his son in-law, not daring openly to oppose his resolution, persuaded him to destroy himself by famine, advising him, however, to make use of a little water to alleviate the sufferings which would at first result from entire abstinence. Atticus commenced this regimen, whilst he conversed with his family, philosophised with his intimate friends, and passed ma ny days in thus preparing himself for death. This, however, did not occur; on the contrary, by restricting himself solelv to water as his only nourishment, the nains oi the stomacn ana dowcis, Dy which he had been previously tormented. ceased; and he speedily felt himself 1m proving in health and more tranquil in in mind. Agrippa now attempted to convince him, that as the disease under which he had labored was happily remored, he ought to renounce his design of putting a period to his existence. Atticus confessed, at length, the justness of his son-in-law's arguments: he accordingy followed his advice, and lived until a very advanced age. From the Journal of Commerce, CRIMINAL CODE. One of the most valuable portions of the Fourth Annual Report of the Proon Discipline Society, is a sketch of the criminal law of different states, including Maine, New Hampshire, Vermont, Mas sachusetts, Rhode Island, Connecticut, New Jersey, Pennsylvania, Delaware, Mnrvlnnd. Virrinia and Louisiana. Id!

reviewing these several Codes, w hich in

their abridged iorm occoupy CO closely printed paces, Mr. Dwi;ht i emails on the equality of the laws in regard to capital punishments. In Maine, treason, murder, or being accessary thereto, before the ficts; rapej or being accessary thereto, before the fact; burning dwelling houses in the night time, or being accessary thereto, before the fact; burglary, or being accessary thereto, before the fact, when Ihe offender is armed with a dangerou weapon, and intends to kill are punished v:ihdeath. In New Hampshire, treason and rhuptf der are punished with death. In Vermont, treason,murder, false witness,affecting life, if life betaken; arson,, where any person suffer death in conse quence, or is injured in his or her body or members ; and killing a person in a duel are punished with death. In Massachusetts, treason, murder, or being accessary belore the fact; killing in a duel; robbery, where an assault W made with a dangerous v, capon, wth in tent to kill of maim, or if the robbed is sruck or woui ded with such weapon; arson or burning the dwelling house in the night time, or accessar) thereto, before the fact; rape, and nccosany before the. fart; carnally knowing &. abusing a woman child under ten years of age, and being accessary thereto, before the fact; burglary, when arme with a dangerous weapon, and those accessary before the fact; and ading and abetting are punished with death. In Rhode Island, murder, arson, or being accessary before the fact; rape, or being acce-savT before the fact ; robbery, or being accessary before the fact;' burglar)', or being accessary before the tact; treason, sodomy, second offenceare punished with death. In Connecticut, treason; murder; perjury, with intent to take life; arson causing death, or endangering the life of any person; burning any building other than a dwelling house, and causing death ; cutting out the tongue, or putting out the eye, &c. with malice, and rape are punished with death. In New Jersey, treason; murder? sheriff or other officers, guilty of voluntary escapes, in capital cases; rescue of persons guilty of capital crimes, and second offence of manslaughter; sodomy; rape; arson; burglary; robber'; and forgery are punished with death. In Delaware, treason; murder; rape; burglary; arson; burning any dwelling house, court house, or any office, in which the public records are kept; kidnapping, or assisting second offence are punished with death. In Pennsylvania, murder, in the first degree is punished with death. In Maryland, treason, is punished with death, or confinement to hard labor in the penitentiary, not less than six nor more than twenty years. Insurrection, or rebellion by fiee negroes, mulatfocs cr slaves and by white persons w ith them are punished with death. Murder in the first degree, and aiding; rape, or bcinp acce3sarv; carnal knowledge and abuse of a female child under ten years are punished with death or confinement in the penitentiary not less than 5 nor more than 20 year?. Arson is punished with death, or penitentiary, not less than five nor more than twenty years. Wilfully burning any mill, distillery, or any out house, not being part of a dwell ing house, or burning any stack of haj Sec. or aiding, &c. is punished with death, or penitentiary not more thar twelve nor less than three years. In Virginia, treason; slaves conspiring to rebel or to murder any free perse u, free person advising or conspiring with a slave, rebellion, or murder in the first degree; killing a perron in a duel, rape by slave; carnally knowing or abusing a female child under ten years of age, or accessary before the fact; wilfully setting fire to any house in a town, by night or day; slaves wilfully burning any barn, stable, shop, corn house, &:c. feloniously breaking or forcibly entering any warehouse, magazine or storehouse, and taking money, goods, chatties, k.c. or aid ing and abetting, by a slave, and arson are punished with death. Accessaries to arson, if a free person, not less than ten nor more than twenty one years; if a slave, death. In Mr. Livingston's rode for Louisiana, no crime is punished with death. The Savannah Georgian, of the 1st irfstant, say?, "Letters from Augusta, by yesterday's mail, mention that great alarm exists in this city in consequence of the attempts to set lire by what is supposed to he an cvuiTcd land of inceRdir.; ics