Indiana Palladium, Volume 6, Number 10, Lawrenceburg, Dearborn County, 13 March 1830 — Page 2

MESS A GE FR OM THE PRESIDENT OP THE IT. STATES, Recommending to Congress a revision of the laws relating to the Direct and Contingent expenses of our intercourse with Foreign Nations. To the Senate and House of Representatives : I find it necessary to recommend to Congress a revision of the laws relating to the direct and contingent expenses of

our intercourse with Foreign JNations, and Particularly of tne act of May 1st 1810, entitled, "An act fixing the compensation of public Ministers,, and Consuls residing on the coast of Baibary, and for other purposes." A letter from the fifth Auditor of the Treasury to the Secretary of State, herewith transmitted, which notices the difficulties incident to the settlement of tne accounts of certain diplomatic agents of the U. States, serve to show tne necessity of this revision. This branch of the Government is incessantly called upon to sanction allowances, which not unfrequently appear to have just and equitable foundations in usage, but which are believed to be incompatiblewilh the provisions of the act of 1810. The letter from the Fifth Auditor contains a description of several claims of this character, which are submitted to Congress as the only tribunal competent to afford the relief to which the parties consider themselves entitled. Among the most prominent questions, of this description, are the following: I. Claims for outfits by Minilers and Charge d Affairs duly appointed by the President and Senate. The act of 1790. regulating the expen ditures for Foreign iutercourse,provided, "that exclusive of an outfit, which shall, in do case exceed one year's full salary to the Minister Plenipotentiary or Charge d' Affairs, to whom the same may be allowed; the President shall not allow to any Minister Plenipotentiary a greater sum than at the rate of nine thousand dollars per annum as a compensation for all his personal services and other expenses; nor a greater sum for the same than four thousand five hundred dollars per annum, to a charge de Affairs." By this provision the maximum of allowance only was fixed, leaving the question as to any outfit,;ither in whole or in part, to the discretion of the President, to be decided according to circumstances. Under it a variety of cases occurred, in which outfits, having been given to diplomatic agents on their first appointment, afterwards, upon their being transfered to other courts, or sent upon special or direct missions, full or half outfits were again allowed. This act, it will be perceived although it fixes the maximum of outfits, is altogether silent as to the circumstances under which oulfits might be allowed: indeed the authority to allow them at all is not expressly conveyed, but only incidentally adverted to in limiting the amount. Thisiimitation continued to be "the only restriction upon the Executive until 1810; the act of 1790 having been kept in force until that period, by five successive re-enactments, in which it is either referred to by means of its title, or its terms are repeated verbatim, In 1810, an act was passed wherein the phraseology, which had been in use for twenty years, is departed from. Fixing the same limits precisely, to the amount ofsalaries and outfits to Ministers and Charge?, as had been six times fixed since 1790; it differs from preceding acts by formally conveying an authority to allow an outfit to "a Minister Plenipotentiary or Charge des Affairs, on going from the United States to any foreign conntry" and, in addition to this specification of the circumstances under which the outfit may be allowed, U contains one, of the conditions which shall be requisite to entitle a Charge or Secretary to the compensation therein provided. Upon a view of all the circumstances connected with the sbject I cannot permit myself to doubt that it was with reference to the practice of multiplying outfits to the same person; and in the intention of prohibiting it in future, that this act was passed. It being, however, frequently deemed advantageous to transfer Ministers already abroad, from one court to another; or to employ those who were resident at a particular court, upon special occasions, eUewhere: it seems to have been considered, that it was not the intention of Congress to restrain the executive from so doing. It was further contended, that the President being left free to "select for Ministers, citizens whether at home or a broad; a right on the part of such Ministers, to the usual emoluments, followed as a matter of course. This view was sustained by the opinion of the law offi cer of the Government: and the act of 1810, was construed to leave the whole subject of salary and outfit, where it found it, under the law 1790; that is to S- ) , without any other restriction than the maximum already fixed by that law. Ti Jisretion has, from time, to time bet n xercised by successive Presidents; but whilst I cannot but consider the restriction in this respect, imposed by the

act of 1310, as inexpedient, I cannot feel myselfjustified in adopting a construction which defeats the only operation of which this part of it seems susceptible: at least, not unless Congress, after having the subject distinctly brought to their consideration, should virtually give their assent to that construction. Whatever may be thought of the propriety of giving an outfit to Secretaries of Legation, and others, who may be considered

as only temporarily charged with the affairs entrusted to them, I am impressed with the justice of such an allowance, in the case of a citizen who happened to be abroad when first appointed, and that of a Minister already in place,when the publicinterest requires his transfer, and from the breaking up of his establishment and other circumstances connected with the change, he incuis expenses to which he would not otherwise have been sub jected. II. Claims for outfits and salaries by Charge a? Affairs and Secretaries of Legation, zvho have been appointed by the President, by and with the advice and consent of the Senate, By the second section of the act of 1810, it is provided, "That to entitle any Chaige d' Affairs, or Secretary of any Legation or Embassy to any foreign country, or Secretary of any Miuister Plenipotentiary, to the compensation herein before provided, they shall respectively be appointed by the President of the United States, by and with the advice and consent of the Senate: but in ihe recess of the Senate, the President is hereby authorised to make such appointments, which shall be submitted to the Sjnate at the next session thereafter for their advice aud consent, and no compensation shall be allowed to any Charged' Affairs, or any of the Secretaries, herein before described, who shall not be appointed as aforesaid." Notwithstanding the explicit language ot this act, claims for outfits and salaries have been made, and allowed at the Treasury, by Charge d Affairs and Secretaries of Legation, who had not been appointed in the manner specified. Among the accompanying documents will be found several claims cf this description. of which a detailed statement is given in the letter of the Filth Auditor. The case ot Mr. Williatu B. Lawrence, late Charged' Affairs at London, is of a still mere peculiar character, in consequence of his actually having drawn his outfit and salary from the bankers employed by the Government, and from the length of time he officiated in that capacity. Mr. Lawrence's accounts were rendered to the late administration but not settled: I have refused to sanction the allowance claimed, because the law docs not authorise it ; but have refrained from directing any proceedings to completea re-imbursementof the money thus in my judgment, illegally received, until an opportunity should beafforded lo Congress to pass supon the equity of the claim. Appropriations are annually and necessarily made "for the contingent expenses of all the missions abroad," and "for the contingent expenses of foreign intercourse ;" & the expenditure of these funds entrusted to the discretion of the President. It is out of those appropriations that allowances of this character have been claimed, and, it is presumed, made. Deeming, however, that the discretion thus committed to the Executive, does not extend to the allowance prohibited by express law, i have felt it my duty to refer all existing claims to the action of Congress, and to submit to their consideration whether any alteration of the law in this respect is necessary. III. The allowance of a quarter's salary to Ministers 6 Charge d" Affairs, to defray their expenses home. This allowance has been uniformly made, but is without authority by law. Resting in theExecutivediscretion,ithap, according to circumstances, been extended to cases where the Miuister died abroad, to defray the return of his family; and was recently claimed in a case where the Minister had no family, on grounds of general equity. A charge of this description can hardly be regarded as a contingent one ; and, if allowed at all, must be in lieu of salary. As ?uch it is altogether arbitrary, although it is not believed that the interests of the Treasury are, upon the whole, much affected by the substitution. In some cases, the allowance i6 for a longer period than is occupied in the return of the Minister; in other?, for one somewhat less; & it seems to do away all inducement to all unnecessary delay. The subject U, however, susceptible of positive regulation by law; and it is, on many accounts, highly expedient that it should be placed on that footing. 1 have, therefore, without directing any alteration in the existing practice, felt it my duty to bring it to your notice. IV. Travelling and other expenses, in follozcing the Court, in cases where its residence is not stationary. The only legations by which expenses of this description are incurred and charged, are those to Spain and the Netherlands; and to them, tbey have been, on several occasions, allowed. Among the documents herewith communicated will be found, with other charges requir

ing legislative interference, an account for travelling expenses, with a statement of the grounds upon which their reimbursement is claimed. This account has been suspended by the tfikcr of ihe Treasury, to whom its settlement belongs; and, as the question will be one of frequent recurrence, I have deemed the occasion a fit one to submit ihe whole subject to the revision of Congress. The

(justice of these charges for extraordinary expenses unavoidably incurred, has been admitted by former Administrations, and the claims allowed. My difficulty grows out of the language of the act of 1810, which expressly declares that the salary and outfit it authorizes to the Minister and Charge d' Affairs, shall be "a compensation for all his personal sei ices and expenses." The items which ordinarily form the contingent expenses of a foreign mission, are of a character distinct from the personal expenses of the Minister. The difficulty of-regarding those now referred to in that light is obvious. There are certainly strong considerations of equity in favor of remuneration for then), at the two Courts where they are alone incurred ; and if such should be the opinion of Congress, it is desirable that authority to make it shouldbe expressly conferred by law, rather than coninue to rest upon doubtful construction. V. Charges of Consuls for discharging diplomatic functions without appointment, during a temporary vacancy in the office of Charge des Affairs. It nas siimttums happened that Consuls of the United States, upon the occurrence of vacancies at their places of residence, in the diplomatic officers of the U. Stales, by the death or retirement of our Minister or Charge des Affairs, have taken under their care the papers ofsuch missious, and usefully discharged diplomatic functions in behalf of their government and fellow citizens, till the vacancies were regularly tilled. In some instances, this is stated to have been done, to the abandonment of other pursuit?, and a considerable increased expense of living. There are existing claims of this description, which cannot be finally adjusted or allowed, without the sanction of Congress. A particular statement of them accompanies this communication. The nature of this branch of the publie service makes it necessary to commit portions of the expenses incurred in it, to Executive discretion; but it is desirable that such porfions should be as small as possible. The purity and permanent success of our political institutions depend, in a great measure, upon definite appropriations, and a rigid adherence to the enactment of the Legislature disposing of public money. My desire is, to have the subject placed on a more simple and precise, but not less liberal, footing, than it stands on at present, so far as they may be found practicable. An opinion that the salaries allowed by law to our agents abroad, are, in many case?, inaderfuate, is very general; and it is reasonable to suppose that this impression has not been without its influence in the construction of the taws by which those salaries are i ed. There are certainly motives which it is difficult to resist, to an increased expense, on the part of some of our functionaries abroad, greatly beyond that which would be required at home. Should Congress be of opinion, that any alteration for the better can be made, eiiher in the rate ofsalaries now allowed, or in the rank and graduation of our diplomatic agents, or both, the present would be a fit occasion for a revision of the whole subjectANDREW JACKSON. January 25, 1330. The editors of the Savanah Georgian have received from their correspondent at Montgomery, Ala. the particulars of an outrageous attempt by Tuskina, principal Chief of the Creek Nation, to stop the passage of the U. S. Mail, and to murder the driver. The affair took place between Fort Hull and Lind Creek, on the Gih inst. Tuskina met the stage on horseback, and desired the driver to stop which not being complied with, he turned and followed the stage for two miles, when getting before it, he drew a large knife and attempted to stab the driver, who instantly sprang from his seal niter which he attempted to assault Ilerr Cline, one of the passenger?, but was prevented by Col. Young, of Alabama who had come up during the affray. The chief became some what pacified by a present from Cline, of a silk handkerchief, aud after a delay of three hours, he finally permitted the stage to proceed shaking hands with the passengers, Messrs. Ilerr Cline, Andrew Cline, and George A. Minius. As well as his language could be understood he said that the whiles were injuring him that he had suffered long enough that the country was his, and the mail should not pass through it any more. It was thought he was sober from his refusing to drink some gin offered him by Col. Young. The passengers were deterred from offering any resistance to the Chief, by the groups of Indians whom they saw around. A law has been passed in Tennessee allowing 200 acres of land to each of any threcy or more, children, bora at one birth.

Maine. Our readers have ueen informed that the Adams men, by a most extraordinary proceeding, filled up the vacancies in the Senate wiih men of their own party. Having thus placed l h c i r candidate in the Executive chair, and secured, as they thought, a majority in the Senate, they doubtless supposed their troubles to be at an end. Uut in this, it seems, they have been disappointed. The Judges by one decision, helped them out of a difficulty ; but by another they have thrown them into another one. They have decided that the election by which the vacant scats in the Senate were filled, was unconstitutional, and consequently the Adams men, since the return of Mr. Hall to his seat in that body, are reduced to an equality with the friends of the National administration. In consequence of this last decision, a resolution was offered on the eleventh instant, declaring that the newly elected members were not entitled to theirseats,upon which a discussion arose, when one of those persons arose to speak but was told by the President that he was not a member, and had no right to speak. Hereupon another discussion arose, respecting his right lo speak. The next day, upon the Senate being called

lo order, it was found that there was not a quorum present, and the Messenger was sent for the absent members; but he returned in about a half an hour, and reported that they could not be found. Since the above was written, we find that the Senate has adjourned without day, in consequence of the Adams members having absented themselves for several days, and leaving the body without a quorum. Delaware Gazette. In the Field. The N. Intelligencer has drawn the attention of ils readers to the Prospectus of a new paper to be styled "The Cincinnati American," un der the auspices of Messrs. James F. Conover and Isaiah Thomas. Among other giving out, we find the following plain declaration: "Yet, after the official declaration of the present Executive, in his late message, they cannot any longer view General Jackson as a candidate for re-election. They consider him as distinctly declining a second canvass for that elevated station, and consequently in that particular, beyond the pale of their opposition. They, therefore, with pride, turn from him to the illumined "Star of the West" where they fondly hope to realize the political redemption of our suffering country. There the great Clay, though calumniated and persecuted, yet stands peerless and unshaken, enjoying the confidence and benedicJions of his admiring countrymen. When the proper time shall arrive, to the political exaltation of that unrivalled statesman, inimitable orator, virtuous politician, and inflexible patriot, shall the best energies of the Cincinnati American be honorably and ardently devoted. The editors most confidently believe, that all the vital interests of our country, and especially those of the Western States, urge them to the adoption ofthat course." Whilst such signs a3 these are anpearing in the political firmament, who is there that wishes to encourage a premature electioneering between the friends of the two other gentlemen? Such a policy may suit our Political Adversaries; but not our political friends. And however Gen. Jackson may object to serving a second term, yet the circumstances of the country will call for it and we have every hope, that he will be found fully entitled to her confidence. Reforms are now in progress, which will require his firm hand to bring to maturity. His opponents, it is believed, are counting without their host. The interest of the nation will, most prohablv, require his re-election. Rich, Enq. Cause of Grief. During the last cold snap, a gentleman of this city saw a girl, 13 or 14 years of age, in thVstreet barefoot, and crying in a most piteous manner. His benevolent feelings were excited, and supposing, of course, she must be crying for want of shoes, with his hand in hia pocket, he kindly accosted her, 4,My dear child, you appear to be in distress, how can I aid you?'1 Seeing the gentleman disposed to pity her, she began to weep more bitterly than before, and as soon as grief would allow her to articulate, answered UI wanted ,to go to the theatre to-night, but ma would'nt let me, so she would'nt she's gone herself, she has, and made me stay at home! Boo! hoolhoo! JV. Y. Constellation) On the night oi the 1 8th ultimo, a negro hou-e near Macon, Georgia was destroyed by fire, and six small negro chil dren, who had been left in the house by their mothers while they were gone on a visit to a neighboring plantation, perished in the flames! .V. C. Star. Fanny Wright has chartered a vessel at New Orleans, for the transportation of herself and thirty Haves, to St. mingo, where she proposes to settle and establish themin freedom. The President's Message was received in England and France eaily in January, and immediately republished in the public papers of tbsse co:itnc?.

AH ORDINANCE, Regulating Sales in Market. Sic. 1. Bs it Ordained by te Iktidtnt and Select Council of the u-.in of I.uxi-rencehurgtif That if ny peison or persoi.s shtit pu.i,hist: or" any person r per3-r.a sr.y article or sniclcs, brmght to trinket, en uny maiket to sell again ur not fur his, her, ?r their own family consumption, btfre the hour of nine cVhnk iu the morning ot such m-iktt day, he, she, r,r tiny, so oiTendir.jr, on conviction thertcf, tefcre the President of the said Corporation, shall be rintd in any sum not excetdirg t:n dviirs ncr Irsa than one dolhr;to be proceeded m.collecttd and appropriated, &3 in other similar esses. Srs. 2. That if any person or persons shill bring any article or aiticles, to market on ihe evening before, or on the morning of such market day, and shall sell, or grte lo sell thi suoie or any pn theceof, before the hcur cf four o'clock in ihe morning, the ptison or persor.s so selling or agreirg to sell, nj the person cv persons, so purchasing or kgrveir.jr to purchase, shall on conviction, ihertof, be fined in a like sum as is provided in the fust section of this ordinance. Sec. 3. That if any person or persons shall sell, or attempt to sell, vny article or articles, in maiket, by weight, which shall be less than full weight, such article or articles, so uitennpted to be sold shall be forfeited to the Corporation and liable to be immediately seized and sold by the market master or marshal of said own, for the benefit of sa d Corporation, and the price cr vaiue ofsuch article or articles actually sold, shall in like manner be forfeited ta the said corporation, to be recovered in an uctica of debt, from the person or persoss so selling or from the owner of such article or articles, so sold, in the name cf the Treasurer of the said corporation before the President thereof. Sec. 4 That it shall be lawful for the President, upon the trial of all violations of the provisionsofthisordinar.ee, or any of them to examine the defendant or defendants upon oath relative to the truth cf such charge, and in cse of refusal to answer upon oath, a to the tiu'h or falsehood ofsuch charge, the s.me shall be taken as true, and judgment rewicred thereon against such defendant or & f. ndints ihe samo 3 if confessed; Provided fro-scenr that if such otfendant or defendants shaii deity such chaige upon oath, when called upon o be sworn, he, sheo they shall be forthwith discharged. Sec, 5. This Ordinance to he in torce from and after it3 publication, in the Indiana Palladi. urn. JOHx MTIKE, President of the corporation of the town of Lawrence-

curgn. Jiurc.h 4:, 1830. Corporation Notice. The President and Select Council of the Town of Ldcrcnceburgh, Yens us James Leonard and others, heirs of Samuel Leojiard. deceased, Amos Lane, David Guard, Elizabeth Bowen, and Samuel Bowen, (the said Lane, Guard and Elizabeth Bowcn, being the administrators of said Samuel Leonard, deceased,) Jufm Elliott, Zerah T. Pcrcival, and A. S. C. Vance, Margaret Acble, Lawrence Vance, Catharine PincKard eV Thos. B. Pintleard, her husband heirs of Samuel C Vancelecd, and Stephen Ludlow. NOTICE is hereby given to the foregoingnamed persons, and all others whom it nay concern, that on this day he President and Select Council of the town of Lawrencerurgh. bv their attorney, have filed in the Ceik's ofibe ot the Dearborn circuit Court their petition, praying said court to vts' in the petitioners the itlo to certain tracts of lard in front of said town on the Ohio river- one of said tracts lyirg on the upper side rf Short street and belonging to said John Elliott, the ether tract lying between Walnut and Short Streets, and between New streets and the river, a part thereof supposed to belong to Zrrah T. Ptrcival, and the residue to the said Jmes Leonard und others, unknown heirs o Samuel Leonard, deceased. JAMES DILL, Cl k. February 27, 1830. 8 CAUTION!! lJL7S7rHEREAS D)y Nancy has eloped V V f"n raj bed and board, without just cause or proTocation, and has conducted herself in aa improper manner I therefore forewarn all persons from trusting or harboring her on my account, as I ana determined to pay do debts of her contracting aHer this date. RICHARD AR.XOLD, Junr. Logan township, Dearborn county, Indians. March Sd, 18S0. 9.5 TO THS PUBLIC. T I IHE subscriber is informeiVhat in addition tl to other mortifications whirh she has en dured from her husband Ifr'sAwi Artidd, sho uas uuw iu uear mai, oi ueiug auveruseu oy him as r runaway. With her neighbors sha will suilr no diminution cf respect in consequence of this additional and unnecessary insult, but with strangers she may. She would therefare respectfully beg leave to state, that tha causes which have occasioned the separation of herself and husband have arisen entirely with himself, and his unmanly treatment of her, and that so far from her leaving his bed and board, he has never had either house or home to tako her to; and for the truth of these things, shp csn with confidence refer to her neighbor, who know both him and her. -v.iAcy ARNOLD. March 5th 1S30. 3v IS HERESY GXVE2? TO Charles Arnold and Eliza his wife, James Iljor aud Mary his wife, James Abrams and Hannah his wife, Daniel E. Hartpence, Isaac Hartpence, and John Hartpecce, heirs and Ngal representative s of the estate ci Jtmts Hartpence, decd, late of Dearbora coun- ; ty, that I will apply to the probate court of Dearborn county, at its terra to be holden iu Lawrenceburgb on the first Monday iu May next, to appoint commissioners to partition getttfto me, as asMjnee of James 11. Halfpence and Lucinda his wife, John Ki!.ore and Sarah hi wife, the undivided iatertst of theao persons, last mentioned, in and to tl? North C East Quarter of Section 12, I own. 7, Iunge I v west, in the county cf Dearborn, tha read cjtato cf said Jaincs ITartper.r, OecM. March f,