Indiana Palladium, Volume 6, Number 13, Lawrenceburg, Dearborn County, 3 April 1830 — Page 2

' lenged. In the (rial of those challenge?, the nature of the masonic institution, and secret signs and obligations ts member9,so far as tbey were supposed to bear upon the question at issue, wre developed and proved by witnesses, some of whom bad abandoned the society ,as well as by one who still adhered to it. Entertaining doubts whether this testimony

falls within that descripton of evidence which the legislature seem to have in tended should be reported, it has been omitted It hag appeared in the course of one of the trials, that in one instance application was made by one of the persons implicated, for a contribution from the fuads of a distant lodge and chapter in Jeff erson county, to be applied Tor the relief of Brucp and others engaged in the abduction of William Morgan, who were represented as being persecuted. Judicial evidence of the application of the funds of any lodge or chapter to such purposes, has not come to my knowledge. Indeed the course of my official inquiries has not been to ascertain any such fact. As might be expected from the virtue and intelligence of a people worthy of a free government, ihe crimes committed, upon William Morgan excited almost universal indignation, in that section ol the country particularly, which was the scene of their perpetration.- Popular meetings were held, at which committees were appointed to investigate the transaction, and to aid in bringing the offenders to justice. Some of these committees have employed themselves in diverting the public sentiment to the formation of a political party, which avows as its object, the entire overlhrow of the masonic institution ; and as the mens of accomplishing tiiat end, the election to office of such persons only as will unite in their policy. Many of our mjst intelligent fellow citizens, refuse toco-operate in what the) deem an undistinguishing and intolerent proscription. Eutertaiuingan honest belief that the masonic institution has become useless, if it ever was valuable that from the nature of its organization it is liable to be perverted to wicked and dangerous purposes, and that in this country secrecy and mystery are unnecessary and suspicion, they yet refuse to j criminate all the members of the society in the misdeeds of a comparatively small number, and they deem sober and calm appeals to the understanding of the com munity to be a more effectual mode of procuring an abandonment of the masonic institution, than any party association, which my be subject to the imputation of personal motives. The effect of political organization, alluded to, has been to compel a more strict and close union among those members. of the fraternity who will adhere to it, and to xrte a sympathy in their favor among their friends and fellow citizens,.and thus to retard and obstruct the attainment of its professed object. The irritation produced by this state of things h-is been most disastrous to the peace nnd happiness of society in that portion of the state. It has mingled in the business and in all relations of lifa, and affected aim st ; wry question of a public nature. ur Ex ellency, there?ore,will no? be surprised by the information, that efforts have been made on both sides to connect it with the public prosecutionsagainstthe persons charged with a participation in the outrages upon William Morgan. On the one side, it probably has been supposed that their political objects would be promoted by a belief of the existence of such a connection. Their opponents have concurred in efforts to impress the same belief, probably with the expectation of diverting the public sentiment against what i- called 'the txcitement,' and of being able to attribute to that cause alone , any convictions of the accused which might take place. Indeed this has been the most effectual weapon of defence, on the various trials, in which the pending prosecutions hav been most erroneously and unjustly attributed to political motives, in which the minds of jurors have been constantly alaimed with the apprehension thai they might ib mselves act under the influence of tne existing irritation. But in fact there has been no such connection, a. id it is due to the honor and dignity of the government, and purity of the administration of justice, that the er ror should be exposed. The duty has been felt to be as imperious as the task was difficult, to preserve the judicial pro ceedings which have taken place on the ubj ct, wholly and absolutely free from the-contamination of any party lniiuen ces wha. ver, And I report to your Ex cellency , that this object has been ac complished, as far as the frailty of human nature would allow. Indeed the public sentiment in relation lo tne pros ecutions, has undergone a change. Ihe feverish anxiety and irritation which were produced by an apprehension that the power ot the government would not be efficiently exerted, or if exerted, that it would be unequal to a devtlnpement of the facia of the case, have yielded to a conviction that all constitutional and legitimate; measure?, which could be adopted, have been sedulously employ ed, and have resulted in throwing much light upon the transaction. The public mind iiaa therefore become much tran-

quilized, ana instead of vindictive hostility against those implicated, they are now rather considered as the infatuated instruments of a bad institution than as culpable moral agents : and freemasonry ,

its obligations and its secrecy, have be come the objects ot deep ana extensive hostility. A 6trong feeling of individual sympathy has arisen in favor of the accused, of which a remarkable instance has iccently been furnished in a verdict of acquittal, rendered under a 6tate of evidence which, to eay the least, would have afforded very plausible grounds for a contrary result. I have conceived this statement of the actual condition of public sentiment, in the western part of this state, to be demanded, as well for the information of the government, as to correct the many and extravagant errors prevailing on that6ubj-ct. Notwithstanding much labor and time have been devoted to the investigation, it will probably be supposed that its progress has been slow, and to those unacquainted with the difficulties attending it, it may appear to have been unnecessarily procrastinated. The occasion 6eems to require that the cause of the delay should be stated. From the members of the masonic fraternity, who still adhere to if, and who consider themselves included in the war fare of which an account has been given, no assistance whatever has been received, although the occasions demanding it have been frequent. With but few exceptions, witnesses who still belonged ii the institution, have been reluctant in their attendance at court, & apparently indisposed to testify. Difficulties which never occurred in any other prosecution, have been met at every step. Witnesses have been secreted; they have been sent off into Canada, and into different slates of the Union. They have been apprised of process being issued to compel their attendance, and have been thereby enabled to evade it& service. In one instance after a party implicated had been arrest ed and brought into this state, he was decoyed from the individual having him in cnarge ana nnaiiy escaped. I neat occurrences have been so numerous and various as to forbid the belief that they are the result of individual effort alone, and thev have evinced the concert of so many agent6, as to indicate an extensive combination to screen from punishment those charged with the participation in the onVnces upon William Morgan. No evidence, however, has come to my knowledge, to justify the belief that the members of the masonic institution generally have been engaged in any such combination. Ii should nolbeinferred that the testimony which ha been detailed in this report, can he producf d on any one trial. Some of the witnesses have escaped bey ond the reach of legal process; others peremptorily refused to testify, and they are in such a situation, that they suppose themselves beyond the legal means of coercion. Facts and circumstances which have been fully proved on a previous trial by direct testimony, require therefore to be established on other occasions, by circumstantial evidence, From the number and variety of the witnesses to be examined, and the complica ted nature of the questions to be deter mined, the investigations and the trials necessarily occupy much time. Until the expiration of the period pre scribed by law, for commencing prosecutions, I have attended all the courts respectively. From what has been al ready 6lated it will be seen how much time and effrt have been required to discover testiixvnyrto collect the neces sary witnesses and to secure their attendance before the various grand juries, and at different courts, where trials were had or were e pected. Sime of the indictments which had been found under the direction of my predecessor, it was ascertained were ir regular, tor causes which were not known to him, and which were beyond his control; and in those cases new in dictments became necessary. There are now pending and untried, in the county of Niagara, indictments against twelve persons; in the county of Monroe indictments against two persons ; in the county of Ontario, against two person?; and in the county of Genesee, against four persons. A' general sessions in Ontario in May last, Eli Bruce, who had been previously tried and convicted for a conspi racy to carry off William Morgan, but whose sentence bad been suspended, to take the opinion of the supreme court, upon a question of law, was adjudged to imprisonment in the county jail for two years ajd four months. At the same court John Whitney and James Gillis were tried for the same offence; with respect to the latter the jury did not agree ; the former was convicted and sentenced to imprisonment in the county jail for one year and three months. Tho circuit aud oyer and terminer which were appointed for Niagara county, in April last,failed, in consequence of the indisposition of the circuit judge. In July, a special circuit and oyer and terminer were held in that county, at which the indictments then pending there were remcved by the defendants, by certiorari into the supreme court. The circuit appointed to be held in that county, in the

month of November last, failed, in conse

qupnee of the prolonged sitting of the Orleans circuit, so that the indictments pending there could not be brought lo trial. In August last, a circuit and -a court of oyer and terminer were held in Monroe county, by Judge Edward, of the first district, at which the only mdiclment then pending there was removed into the supreme court, by the defendant. At the last October term at that courf, a special motion was made by the defendant in that indictment, which was argued and denied; at the present term the defendant has interposed a special plea in abatement. These proceedings hitherto prevented the joining issue upon the guilt or innocence of the defeud- - - . . rft mm ant. In November last, JMMiu Mather was tried at the Oileaus circuit, and af ter a trial of ten days, was acquitted. A motion for a new trial has been made upon a case settled, which has been ar gued at the present term of the supreme court, and is not yet decided. What yet remains to be done will be seen from these details. It is impossible to predict what lime will be rrquibite to bring the pending prosecutions to a termination. It may be safely affirmed, that they cannot be terminated by trials, before the expiration of the term proscribed as the dura tion of the act, continuing in force the statute which originally authorised the employ ment of a special counsel. Considering the number of witnesses required on the trial ot the indictments, and extraordinary difficulties attending the compelling thir attendance by the usual mans, some of which have been stated, it has occurred tome, and 1 respectfully suggest the propriety of extending the provisions of sections 22, 23 and 24, Title 2d of the 2d Chapter auU 4th Part of the Revised Statutes, so as to confer the power which ia there given to justices of the peace, in requiring sure ties from witnesses, to criminal courts and magistrates, after indictment found. I do not entertain any doubt ot their now possessing such powerrbut itstffictual exercise depends much upon its being distinctly known that it is possessed. The allowance which has been made to witnesses under the law authorising the appointment of special counsel, has been conlioed to their actual and necessary expenses. Many of them have repeatedly been obliged to leave their homes, and attend court after court, for weeks during which their business has 6uffred, and they have been materially injured. Upon these the discharge of their duty has been most oppressive. An indemnity for the loss of their time is not expctcd, but something towards compensation for the extraordinary sa crifices which they will in future be com pelled to make, in the shape, either of a specific daily allowance, or of such sum as the presiding court shall deem reasonable, seema demanded by obvious considerations of justice. The public would not probably sustain any loss by such a provision as it will save the otherwise in. evitable expense of dispatching officers for such witnesses, and of delaying courts and juries to procure their attendance. JOHN C. SPENCER. January 26", I SStX New Hampshire A general election took place in this state on the 9th insf . preceded by a very warm canvass. The parties were formed on the one side by those friendly to the present national administration, and on the other by those opposed to it. The result has been a signal defeat of the anti-administration party the Jackson candidate for gover nor (Harvey) is said to be elected by 4000 majority 4 of the 5 counsellors, 9 of 12 senators, and 145 out of 244 representatives are of the same party. Franklin Republican Baltimore, (Md.) March 12. Jk Dreadful Accident, Yesterday afternoon, says the Chronicle, a boy in the ' mf f shop of Mr. Jesse C. Earl, cutler in Lom bard 6treet,snapt a musket not knowing it to be loaded, which went offand unfoitunately wounded one person, and killed another. It appears that the musket had been sent to Mr. Earl's for repair without a lock, and was supposed unloaded. One of the apprentices fixed a lock on it and in order to try it drew the trigger, hen it proved to be charged with a load of bm k shot, which passed entirely through the thigh of the first persoD, (whose leg it is supposed will have to be amputated) and wounded the 6econd who died a h rt time afterwards. The "Washington Telegraph," in speaking of the nomination of Mr. Lee, say s i. "It is proper that the public should understand that the President, in nom inating Mr. Lee to the senate, as consul general for Algiers, had the sanction of some of the most conspiruous of our public men. Among theso are Chief Justice Marshal, Judge M'Lan, Speaker S'ephensor, Mr. Barbour, Mr. Rives, Mr. Livingston, Colonel Hamilton of South Carolina, numerous other respectable citizens, who had the fullest opportunity of knowing his character. We are not apprised of the considerations which led to his rejection by the senate."

TWENTY-FIRST C01TGHTSS, FIRST SESSION.

Gleanings from coogressiooal proceedings, extracted from Nilea Register. In Senate, March 2. The fallowing motion, submitted by Mr. Holmes was considered and agreed to: Resolved, That the secretary of state be directed to inform the senate what compensation has been paid to that agent under the 5th article of the treaty of Ghent, who is now minister to the Netherlands, in the different capacities of agent and minister, and for what periods of time the respective compensations have been made. March 4. The following petitions were presented. By Mr. Hendricks from the legislature of the state of Indiana, praying ihat no law may be passed to prevent the transportation of the mail on Sunday. By Mr. Hendricks from the legislature of the state of Indiana, praying congress to adopt measures to induce the Indians within that state to emigrate to the country west of the Mississippi. March 8. The -vice president communicated the following letter from the secretary of state. Department of state Washington Bth March 1 830. 7b the hon J. C. Calhoun president of the senate Sir: In compliance with the resolution of the benate, of the 2d instant, I have the honor to submit herewith, a letter from the fifth auditor of the treasury department, by which it appears that Wm. P. Prtble, esq. late United States' agent, in relation to the northeastern boundary agency, has been allowed and paid at the treasury the sum of 6,329 19, for his services in that capacity, from the 9th of M iy, 1028, to th 4th October, 1829, at the rate of 4,500 per annum. I have the honor further to state, that Mr. Preble was appointed envoy extra ordinary and minister plenipotentiary of the United States to tin Netherlands on the first day of June, 1829, but that no compensation is known to have been actually paid him in that character. Instructions, however, hav been given to the bankers of the United S'ate in Europe, to pay him the sum of 9,000 as an outfit, aud also his salary at the rate of 9,000 per annum, as it may b come due, commencing on the fifth day of October last; that being the day on which he left his residence in Maine for this city, preparatory to his proceeding upon his mission; and on which day his compensation as agent was directed to cease. I am, sir, yours, very respectfully, M. VAN BUR EN. March 9. The vice president communicated a letter from the secretary of the treasury, transmitting statements of the commissioner of the general land fBce, shewing the amount of moneys received since the first of January, 1828, for lands sold in each district ; and also the expenses of each land office, prepared in obedience to a resolution of the senate, Mr. Foot's of the 2d instant. The number of acres sold at all the otlices in 1828, is 965,600 36 in 1829, is 1,246,933 69 Total amount received in 1828, is 1,239.498 98 Incidental expenses in 1828, 95,765 58 Total amount received in 1829, is 1,907,771 54 Incidental expenses in 1829, 96,127 85 House of Representatives. February 25. Alter the reception of reports, Mr. Candid moved the following resolutions, viz: 1. Resolved That the committee on naval affairs be instructed to inquire into the expediency of inducing the seamen and marines in the navy of the United States, voluntarily, to discontinue the use of ardent spirits, or vinous or fermented liquors, by substituting for it, double its value in other necessaries and comforts, whilst in service, or in money payable at the txj irationof the service. 2. Resolved, also. As a further inducement to sobriety and orderly deportment in the Davy, as well as with a view to preserve the lives and morals of the seamen and marines, that said committee be instructed to inquire into the expediency of allowing some additional bounty, in money or clothing, or both, to be paid to every seaman and marine, at the expiration of his service, who shall produce from his commanding officer a certificate of total abstinence from ardent spirits, and of orderly behavior, during the term of his engagement. 3. Resolved also. That the said committee inquire and report whether or not the public service, as well as the health, morals, and honor of the nav al officers, would be piomoted by holding out to the midshipmen and junior cfficerg, some further inducements and incentives to abstinence from all intoxicating liquors. This resolution was discussed until the hour allotted by the rules of the house for the consideration of reports and motions expired. On motion of Mr Whiiihscy Ordered That the rule of the house which allots one hour for the making of reports and motions, be sinpeaicd for this day,

Mr. Cro&et moved the follow i;g res J tutions, viz: 1. RctQked.Thnt if the bounty of the goverumeut ia to be at all bestowed, the destitute poor, and not the lich and influential, are the objects who meet claim it, and to whom the voice of humanity most loudly calls the attention of congress. 2. Resolved That no one class of tha citizens of these United States has Q exclusive right to demand or receive, for purposes of education, or for other purposes, more than an equal and ratable proportion of the funds of the rational treasury which is replenished by a common contribution, and in some instances more at the cost of the poor man who has but little to defend, than that of tho rich man who seldom rights to defend himself or his property. 3. Resolved That each and every institution, calculated, at public expense, and under the patronage and sanction of the government, to grant exclusive privileges, except in consideration of public? services, is not only aiitccratic, but a downright invasion of the rights of the eit'zen, and a violation of the civil impact called a he constitu;ion." 4. Resolved furthtr That the military academy at W est Point is subject to the foregoing objections, inasmuch as those who are educated there receive their in struction at the public expense, and arc generally the sons of the rich and influential, who are able to educate their own children. While the sons of the poor, for want of active friends, are often neglected, or if educated, even at the ex

pense of their parents, or by the liberality of their friends, are superceded in the service by cadets educated by the West Point academy. 5. Resolved therefore And for tho foregoing reasons, that said institution should be abolished, and the appropriations annually mads for its support be? discontinued. Mr. Crocket at some length, set forth what he considered the evils arising from this institution in its partial operations, excluding the sons of poor individuals and benefitting those of the rich, &c. At the suggestion Mr. McDujRs the resolutions1 were laid on the table and ordered to be printed. Saturday Feb, 27. Mr. Condicfs re solutions were again called up,when Mr Chilton offered the following as an amendment orsubstitute. Resolved That the committee on naval affairs ba instructed to inquire whether the public interest, and ths cause of morality would be most effectually pn moted by emphatically prohibiting the use of ardent, vinous, and other fermented liquors in the navy of ths" United States, by the officers and seamen belonging thereto; or by permitting a continuation of the practice of issuing them as rations in said service. Resolved, further That in the even? said commit' ee shall be of opinion that it is expedient to continue the rations aforesaid in the naval establishment they be instructed to inquire into the expediency of providing some mode for procuring the discontinuance of the use of ardent, vinous, and other fermented liquors in the various civil department?, and among the members of congress, and others holding offices of eitheir trust, honor, or profit, under the authority of the people of the United States. Mr. Chilton submitted a few remark?, stating that the original resolution was opposed to a great manufacture of ths westMr. Drayton considering it as an attempt at humour, moved to lay it on ther table, the chair replied that it being only an amendment it could not be thus disposed of. Mr. Pcarce moved to lay both the resolution and amendment on the table, on which motion the yeas and nay s were called, when they appeared ayes 57, noes 103. I he house having refused to lay itoa the table Mr. Sterigre said, as the hooe seemed disposed to take the question, to prevent further debate he would call for the previous question. The previous question was ordered, which cut off the amendment, and the resolation was adopted without a division. March 8. Mr. Daniel offered the following resolution, which lies one day on the table: Resolved. That the secretary of ths treasury be required to communicate to this house a statement of the expenditures of the government for the years 1828 and 1829, including the actual expenditure of the fourth quarter of the latter Tear. Abo, the amount of the public debt paid off in each of the above years. In Louisiana a law has been passed prohibiting the admission of slaves to that state duriug a specified term of years. A punster has found fault with the recent appointment of General Rust, to the superintendarce of the U. Siates Armory at Harper's Ferry; he says that if Rust gets the supcrintendauce of the the ai ms of the U. S. they muit oon be -coins urnishsd.