Indiana Palladium, Volume 6, Number 22, Lawrenceburg, Dearborn County, 5 June 1830 — Page 1
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si 5 DEVOTED TO jXEIVS, POLITICS, INDUSTRY, MORALITY, LITERATURE, AA'D AMUSEMENT. Volume VI. LAWRENCEBURGII, (INDIANA;) SATURDAY, JUNE 5, 1330. Number 22.
BY AUTHORITY. LAWS OP THE U. STATES, PASSED AT THE FIRST SESSION OF THE TWEHTY FIRST CONGRESS.
A RESOLUTION authorizing (bo transmission of papers, by mail, relating to the fifth ceosus. Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, 1 hat so much of the thirteenth section of the act of the third of March, one thousand eight hundred and twenty-five, as restricts the weight of packages by mail, shall not apply to the transmission of papers relating to the fifth census, or enumeration of the inhabitants of the United States. A. Stevenson, Speaker of the House of Representatives. J. C. Calhoun, Vice President f the United States and President of the Senate. Approved, April 30, 1830. ANDREW JACKSON. Public No. 38 AN ACT to suthorze the appointment of a Mar aba I for the Northern District of the State of Alabama. Be it enacted by the Senate and House of Representatives f the United Slates of America in Congress assembled, That a Marshal shall be appointed for the Northern District of the State of Alabama, whose duties shall he the same, in every respect, within said District, as those required by law to performed by the present Marshal. Sec. 2. And be it further enacted, That when a Marshal shall be appoint ed for said Nop hern District, he shall be entitled to a salary of two hundred dollars per annum, besides the fees of office fixed by law; and the salary of the present Marshal be two hundred dollars per annum, instead of the sum heretofore allowed. The sum allowed, by law, to the M ushal of Alabama, for taking the filth census, shall be divided between the Marshal of South and North Alabama, according to the num ber of souls enumerated in each district; and so soon as the M trshal for the Northern District shall be appointed uuder this act, the duties of th, present Marshal shall cease and determine in . said district. Approved, May 5, 1830. Public No. 39. AN ACT to amend an act, tntitled "An act for the benefit of the incorporattri Kentucky Asylum for techii. ihe Draf nod Dumr, ' and to extend the time for selling the laud granted by said act. Be it .enacted by the. Senate and House of Representatives of the United States of America in congress assembled, That tit further time of five years, from and after the fifth of April, one thousand eight hundred and thirty one, be, and the same is hereby, allowed the Trustees of the Cent re College of Kentucky, who are also Trustees to the Kentucky Asylum for teaching the Deaf and Dumb, to sell the land granted to said Trusi&es for the use and benefit of said Asylum, by an act, entitled "An act, for the benefit of the incorporated Ken tucky Asylum for teaching the Deaf and Dumb, ' passed on the fifth of April, one thousand eight hundred and twenty-six; and all sales under the provis ions of this act, by the Trustees aforesaid, or their successors in office, for the use of said Asylum, shall be good and valid to pass the title, any thing in any former law to the contrary notwithstanding. Approved, May 5, 1830. Public No. 40. AN ACT to charge the time of hotding the Court of the Unr t d Mates for thi- Dis'rict of Mississippi and tfv? Circuit Oturt of the United States in the D strict of Ohi Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, Tim I, instead of the times now prescrih d by law for holding the Court of the United States for the District of Mississippi, the said court shall commence its sessions on the fourth Monday in January, and the fourth Monday in June, in each and every year. O Sec. 2. And be it further enacted, That all process which may have issu - ed from said Court, at the passage of this act, and which may issue previous to the fourth Monday of June next.shall, by virtue of this act, be returnable be fore the said Court on that day; and all causes pending in the said Court,
and which may have been continued by order thereof,to the term heretofore directed to be held on the first Monday in October next, shall, by virtue of this act, stand continued to, and be triable at, the term hereby directed to be held on the fourth Monday in June next. Sec. 3. And be it further enacted. That the Circuit Court of the United States, within and for the District of Ohio, instead of the time now fixed by law, shall hereafter be held on the second Mon
day of July, and the third Monday of December, in each year; and the District Court of the United States, in and for said district, shall hereafter be held on the Mondays next succeeding the times herein fixed for holding the Circuit Court. And the Circuit Court for the District of West Tennessee, shall hereafter be held on the first Monday in September in each year, instead ol the time now fixed by law. And all suits and matters of every kind returnable to, or proceeding in, either of said Courts, shall be held to be returnable, Sz. confined to the terms of said Courts herein provided for. Approved, May 5,1830. Public No. 37. AN ACT to authorize the Registers of the several Land Offices in Louisiana to receive en trie of lands in certain cases, and give vo the purchasers thereof certificates tor th m. Be it enacted by the Senate and House of Representatives oj the United States of America in Congress assembled, That, in all cases where persons hive purchased lands of the U.iiied Slates within tin S ate of Louisiana, and have paid in full therefor, and who have failed or omit ted to eut'?r the same, the Register of the Lund Office of the district in which the land was purchased shall, on presentation of the original receipt of the Receiver of said disrict by the original purchaser or purchasers of land his, her, or their heirs, cause an entry there of to be made, and give to him, her, or them, a certificate for the same specifying the time when the land was purchased, upon which a patent shall be issued as in other cases: Provided, hozoever, That if, in the intermediate time between the purchase and presentation of the said receipt, any of the said lands shall have been paid for and entered by any other person or persons, ignorant of the former purchase, the said Register shall not enter the same lands, but may permit the party to enter other lands in lieu thereof, of equal quantity, within the same district, which may be subject to entry, and shall give him, her, or them, a certificate therefor, upon which a patent shall issue as in other cases. Approved: May 5, 1830. Public No. 41. AN ACT for further extending the powers of the Judges ot the Superior Court of the Ter ritory of Arkansas, under the act of the twenty sixth day of May one thousand eight nundreu ana twenty tour, and tor other pur poses. Be it enacted by the Senate and House nj Representatives of the United States of America in Congress assembled, That the act approved on the twenty-sixJh day of lhy one thousand eitjht hundred and twenty-four, entitled "An act to enable claimants to lands within the limits of the Slate of Missouri and Territory of Arkansas, to institute proceedings to try the validity of their claim-," shall be, and hereby is continued in force, go far as the said act relates to claims within the Tenifory of Arkansas, until the first day of July, one thousand eight hundred and thirty-one, for the purpose of enabling the Court of Arkansas, having cognizance of claims under the said act, to proceed by bills of review, filed, or to be filed, in the said Court, on the part of the United States, for the purpose of revising all or any of the decrees of the said Court, in cases wherein it shall appear to the said Court, or be alleged in such bills of review, that the jurisdiction of the same was assumed in any case, on any forged warrant, concession, grant, order of survey, or other evidence of title; and, in every case wherein it shall appear to the said Court on the prosecution of any such bill of review, that such warrant, concession, grant, order of survey , or other evidence of title, is a forgery, it shall be lawful and the said Court is hereby authorized to proceed by further order and decree, to reverse and annul any prior decree or adjudication upon such claim; and thereupon, such prior decree or adjudication shall be deemed, and held in all places whatever, to be null and void to all intents and purposes. And the said Court shall proceed on such bills of review, by such
rules of practice and regulation as
they may adopt, for the execution of the powers vested or confirmed in them by this act. Sec. 2. And be it further enacted, That no entries of land in any of the land offices in Arkausae, under any of the provisions of the said act, shall be made, uutil further direction of Congress. Sec. 3. And be it further enacted, That no patent shall be issued for lands under any decree of the said Court, in any case in which the original warrant, concession, grant, or order of survey, has been withdrawn from the files ol the said Court, unless the person or persons claiming such patent shall first produce and deposite, in the office of the Commissioner of the General Land Olliee, thp original warrant, concession, grant, ordtr of survey, on which 6uch decree was founded, and on which the said Court took jurisdiction under the said act; and no patent shall be issued until the further order of Congress, in any case, under the aid act, until it shall satisfactorily appear to the Commissioner of the General L ud Office that the warrant, concession, grant, or order of survey, on which any lands are claimed, under any decree of the said Court, was in fact, made or issued by or under the authority of the percon or persons purporting to have made or issued the same, or unless the said warraut, concession, grant, or order of sur vey, shall have been determined by tl e said Court, on the hearing of a bill ol review, to be genuine. Sec. 4. And be it further enacted. I hat no entry, surve) , or patent, shad, at any time hereafter, be made or issu ed under the said act, except in the name of the original party U any such decree, and on proof to the satisfactioi of the omcers, respectively, that the party applying is such original party, oris duly aulhoiiS-d by such original party, or his heirs, to make, receive, or require such entry, patent, or purvey. Sec. 5. And be it further enacted, Ihftt in all cases in which the said Court shall, by decree or adjudication, under this act, review and annul any prior detiee or adjudication therein, any lands which may have been here tofore entered, under any such prior de cree or adjudication, shall, thereafter, be subject to sale or entry a9 other pub lie lands of the United Slates may be. Sec. 6. And be it further enacted, 1 hat the President of the United States is hereby authorized to employ, on be half of the United btates, such counsel on their part, in the Territory of Arkan sas, or elsewhere, to he associated for that purpose with the District Attorney of the Game Territory, as he may deem the interests of the United States may require, in the prosecution of such bills of review before the said Court. Sec. 7. And be it further enacted, That, in all cases, the party against whom the judgment or dei reeof the said Court may he finally given4 shall be entitled to an appeal within one year from the time of its rendition, to the Supreme Court of the United States, which Court shall have power to review the decision of the Court below, both on the law and the facts; and the Court in Afkansas be, and the same is hereby required to spread upon the record the whole testimony, together with the reasons for their decision in each case, and to transmit to the Su preme Court of the United States the same, together with the original warrant, concession, grant, order of survey, or other evidence ol title. Sec. 8. And be it further enacted, That each of the Judges of the Superior Court of the Territory of Atkansas, shall, while in the discharge of their duties imposed by this act, be allowed at the rate of eight hundred dollars per annum, in addition to their salary as Judges of the Superior Court of the Territory of Arkansas, which shall be in full for their services, to be paid out of any money in the Treasury not otherwise appropriated. Approved, May 8, 1 830. Pcblic No. 42. AN ACT supplementary to the act, entitled "An act to amhorize the citizens of the Territories of Arkansas and Florida to elect th"ir officers, and for other purposes." Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in case any vacancy has occurred,or shall occur in any office fo which any person has been, or shall be elected by the citizens of Arkansas, under the provisions of the act to which this is a supplement, cither by refusal to except the
6ame, or by death, resignation, or oth erwise, the Governor of the said Territory is hereby authorized and required to 6upply such vacancy, until the next general election: And in case any vacancy shall occur, in the offices of Justice of the Peace, Auditor, or Treasury for the said Territory, either by a refusal to accept the same, or by death, resignation or otherwise, the Governor thereof is hereby authorized and required to supply such vacancy until the next meeting of the Legislatures Approved, May 8, 1S30. Public No. 43. AV ACT to authorize the re conveyance of a
lot of land to the Mayor and Corporation of the City ot New York. Whereas the Mayor and Corporation of the City of New York, on the sixth May, one thousand eight hundred and eight, did con vey to the tinited States, a lot ot land at the foot of Hubert Street, in the City of New Y rk, called the North Battery, "so long as the same should be used and applied to thf defeneeand fety of the port of New York, and no longer.1' Be it therefore enacted by the Striate and House of Representatives of the United States of America in Congress assembled, That, whenever the President of the United Slates shall determine that the the said lot is no longer useful for the purpose aforesaid, he be, and he hereby is, authorized to cause the same to be re-convpyed to the Mayor and Corporation of New York, the works thereon to be dismantled, and the materials thereon to be disposed of, in such manner as, in his judgment, the public inter est may require. Approved: May 10, 1830. OCr The able editor of the United States Telegraph, in noticing an article which appeared in the Louisville Advertiser, charging Senator Hendricks, with others, of disobeying the will of his constituents, takes occasion to repel the accusation, &, to speak of Mr. H. in very complimentary terms. Attached are the remarks of the Telegraph: THE SENATE. The Louisville Adveiiier gives the following list of Senators whose eim of service will expire on the 3d of March, 1831. 1. Barton, of Missouri, 9. Marks, of Penn. 2. liurnet, of Ohio, 3. Chambers, of Md. 4. Chtse, of Ver. 5 Hendricks, of Ind. 6. Iredell, of N. C. 7. Johnston, of Lou. 8. Kane, ot Illinois, 10 WvKir.ley of Ala. 11 Ruwun, cf llir. 12. Sanford, of N.T. 13. Smith, of S. C, 14 illey, of Cor.n. 15. Woodbury,of N. H, lb torsyth, ot Gto. Of these, it is said but eight aie for Jackson, and eight against him. Jt is said, too, that the eyes of the coalition are fix d ou this crisis, and that they an ticipate a triumph in the re-election of those Senators who are known to misrepresent the. will of their constituents. The names of nine Senators in open op position to the will ot their constituents, are given, as follow: "Bell, of New Hampshire; Mnrks, of Pennsylvania; Chambers, of Maryland; Burnet and Ruggles, of Oiuo; Noble and Hendricks, of Indiana; Barton, of Missonii; and Johnston, of Louisiana. The Advertiser says. "What salutary effect could instructions have on Briton, of Missouri; Hendricks, and Noble, ol Indiana co.?" Again: "Though Noble, Hendricks, Ruggles, and Burnet, of Indiana and Oiio, are more circumspect, they are nearly aa malignant, and quite as unwavering in the opposi tion, as the degraded barton. Uur object in noticing this article, is not to question its general accuracy, lhat the Senate is nearly equally divided, and that the opposition are lending their united exertions to procure the re-election of their partisans, and the defeat of those friendly to the present administration, there can be no doubt. Every day's proceedings show the union and concert ot action in that party. We are, therefore, gratified to see the intelligent editors of the States taking up the subject. The enemy will con stant!) cry peace, peace, whilst their hearts are on war. It is the duty of the friends of the present administration to look jo this matter, and we rely on the intelligence of the people to guard against surprise. But we conceive it to be ourduty to correct an error into which the editor of the Advertiser has been led by his correspondent. He has classed Mr. Hendricks, of Indiana, with the "degraded Barton!!!" Does he not know that there is an immeasurable distance between them? Mr. Hendricks is amiable and concihatoiy in his manner, modest and unassuming in his deportment, but firm and undeviating in the support cf the interest off
his constituents. He commands the respect of all parties, without enlisting the hostility of any. So far from disregarding the instructions of his constituents, or opposing the administration, it is known that Mr. II. has given to most of its measures, and to a large portion of the nominations,as firm and derided a support as any member of the Seuate. Without professing to become a partisan, he has regarded the will of hia constituents, and faithfully represented them. The general accuracy of-the Advertiser, its extensive circulation and consequent influence in Indiana, has induced us to make these remarks. They are due to the character of Mr. Hendricks, and are dictated by that sense of justice, which 13 and should he, the stiength of the administration. We know too well the correct feelings of the editor of the Advertiser, not to believe that he will be gratified at the opportunity which this offers, cf correcting the error into which he has unintentionally fallen.
0r" We would invite the attention of our reader? to the following extract from a speech delivered by Mr. Grundy in the U. S. Senate: Removals Why is it that we hear so much complaint on the subject of removals from office? It is owing to the congeniality of feeling among rffice holders, State and Federal, throughout the whole country. They have a common interest in giving public opin ion a direction in their own favor Hence whenever a removal take place all, or most of them, anite in condemning it, and they have succeeded in giving currency to the idea, that there is an actual ownership ol ffire in th possessor; and they speak of offices as they do of lands and other property, which they have bought and paid for; when, in truth, (I speak of Executive ffice?) the offices are created for Ihe public benefit, and they are employed as mera agents to perform the dutieg, so long as their services will be more advantageous to the public, than others who can be employed ; and so soon as others can be engaged who will, in the opinion of the appointing powe r, better promote the public interests, they ought to be displaced. Much has been said about turning men out who are unable to make a livelihood in any other way. When I hear this, I know that right baa been done. In i his wide extended country, furnishing 6uth a variety of means for mental and manual employment, if an individual cannot live without office, I pronounce him ui fit for that If this idea, which is so earnestly pressed, is to prevail, your Goven.ment will become a parish for the support of prodigals and spendthrifts; who hating destroyed their own substance, will claim employment and support from the public Treasury. It is also uiged, that some are removed, who have been many years in tffice. I think the error lies in furnishing this argument to them, by having retained them so long. The offices held by these individual have either been advantageous and profitable, or otherwise. If the fiist, they ought not to monopoli e the bene fits for too great a period; they should give place for others, and not txclude all their cotemporaries during their whole lives. If the ofiice has been dis advantageous, they ought to be relieved from the burden. Gentlemen say it is an imputation on the character of an officer to be depri ved of his rffice. It is not so, except so far a9 officers have made it so, by pressing it as an argument for retaining their places. It only proves, that there is another man, as well qualified as he is to perform the duties; and that the Government can be administered with out his aid. After all, I consider this snbject of removal as a matter wholly between the Chief Magistrate and the People, with which the Senate has nothing to do, except to 6ee that unworthy men are not appointed. How this power ought to be exercised is left to the Executive discretion, not to ours. When Mr. Jefferson came into power, he found most of the offices filled by hi3 political adversaries. He made a liberal use of this power, deeming its exercise healthful to thp body politic. In answer to the New Haven remonstrance, which was against removals ho insists, that in order to secure a fair participation in le t ffices of the Gov ernment, he must use tins power, as "few die (speaking of the officers,) and none reiigo."
