Indiana Palladium, Volume 6, Number 50, Lawrenceburg, Dearborn County, 18 December 1830 — Page 2

tnprofilablft tenanlrv, with no letter hope than 10 prorore bread enough lo gratify the calls of nature- If such children and parents of misfortune, were permitted to occupy as their own, everf the sterile and bleak disfricts of land, which no ne at any price would buvf they would feel more like free men Yes, if their lands were too poor to produce any thing but the green grass, their situation would he infinitely more happy, than to be doomed to the homeless drudgery of a perpetual underling servitude. Open a door to a general freehold population, and the government at once receives new strength as a consequence of the attachment which all men have to a home. When this is the situation of the people, )et external or internal commotions arise, they will be irresistable in war, and a priceless as Fabricius against bribery and corruption. When the endearments of home and family are entertwained together in the heart of the citizen, and the preservation of these dependant upon the salvation of his country, be is then prepared to die for it. If such lands are valueless to the Union, then the rrhs of the needy are the demand justice, and sound policy. The Indians s'ill abide among u.-. Here th-y are, wasting away like the snow I'ke before the fervid rays of the sun. Give them the christian religion, give organic law, give them separate estates in lands, give them privileges and make thm ci'iz ns, or appeal to the g neral government to assign them

a plare of their choice beyond the MisSissippi, in a country suitable to the chace or the establishment of a government of th' ir own, to which they may emigrate if they phase. To suppose that the barbarian wrh all his savage feelings and manners and horrific custom?, can long exit in the heart of civilized socify, without unpleasant cnllissions, is about as probable as to expect a union between tin and water, for a mu tual existence. Ooe or the other must prevail, and it is not to be supposed that the civilized will yield lo the savage atate. I( would be the part of wisdom to give them speedily what must be fix' d upon them by the force of circumstances in the ultimatum; but in love and without force. The Sunday mail question is still alive. Like other Abstractions, not susceptible of being formed into law by us but bf-.arine: upon our righ's or privilege s, we may consider this subject of legitimate notice. Mill it should form no part of our purpose to diicioish jn the least that deoj veneration which is so justly entertained for the christian sabbath, or to insinuate an unfavorable opto ion 'o the divinity of tin itts i'li'mo. Fw things which f'rn a part of the social compact, human or divine, fcjv productive of ZDore salutary iT rfs in tb?s crid of moral j evil than .vhb'h or day of rpsf nl and j itation But we wi?b to Kave th. pro'ection of this sacred day where we found it, in ine hands of the Almighty, its dmnifv on the te?fimonT of the bibb, and ih- punishment of its violators to him who ornerd i. If 'his is the Lcro'sd-iv od ofhi9 appointmt nt, it is under his protection, and he will pr-Sr-rve it. Let the mails run until ibey nre a'opped by a higher power than congress. If this body shall assume a jurisdiction over the m ored writings on a single subject tb wede is then entered, and tiu re is nothing fouler j to the way ta prevent bem from tk'tig rum- ' plete crtpniznc" of the whole. The urtio i doxy of thUi and the heterodoxy of that cred, irou'd soon follow io the f rin ol . fruitful so'irre of new l gislation concf rr;r.g i the scriptures That sys'em of ethic wSieh ! will not stau alone and recommend itself by I its own graces, without the wtit wastes of i the law , deserves a to nob among the rubbish of other human follies And that noe which claims for itself perfection over all o'hers. ia the inHst of an extended religious oleraiion is not likely to escape uspicion for o rr sump' ion.- It is th natural -mi constitutional right all to thin!: as freely as i please, without responsib lity, and to act undent. It vill became your pr u a! the present session, to lay olFthe state into new Bnatnritl and reprf sentative districts. The usual difficulties growing out of this task will be found t present themselves e almost insurm Mintable obstacles among your best ex Minns to do equaljwWjce, end at the same time give complete satisfaction, to all the Counties in the state. Ify iU are governed in the formation of districts by any definitely zed ra'io, whether it remains as it is or increased, there are many counties which will be deprived of separate representative privileges, now enjoying them. The most satisfac tion will, doubtless, be given, by rather leaning to a system of compromise, than to too close an adhesion to exact numbers. Owing -to our prodigious increase of population, during the last five ye ar, an increase-of members in both houses must be the consequence of even an increased ralio, which, in either case, to too great an extent, ve are admonished by economical considerations, and the representative principle, to be guarded against. Within the last ten yesrs wn have risen in numerical strength from one hundred and forty odd thousand, to about four hundred thousand. Sueh nn unparalleled rise ii so short ime, will enable us to in dulg" the presentment, that unless we receive'an unforeseen chuck in some

way, by the year 1840, progressing at the rato of the past, a million of souls will live in Indiana. You may, or you may not, make the congressional districts, under the late census, this session. You can form them subject to contingencies before the ratio bill is passed by congress, or abfol ute ly afterwards. Oar new delegation will not be elected until August, 1G33. Perhaps it might be most agreeable to

form the state and federal districts at the game time, and be rid of the subject. Some steady and uniform mode of doing county business throughout the state, is recommended, alike by its benefit and the evils of the present one. What most appears to be the ground of complaint is, the different hinds of count v tribunals within the same commonwealth. In some counties there are boards of justices, and in others commiasionere. Such a diversity of special legislation in this matter, will lead in time to a lamentable confusion. After a while, by its institutions, one will scarcely be able to know when h is in the state or ou of it. Legislation should always be general, producing uniformity in its etfects; and op position by minorities to the solemnly declared will ol the majority, is no apology for special nc is atiei wards to commit havoc upon the beauty and order of a state system. At what point is the practice to stop? The examples already on our statute book, it persist ed in, will in time produce a heterogeneous Sc deformed policy, without comelines?, wisdom, or public security. The philanthropic ex -rtion, making, too, in some counties in the state, foi the erection of asylums for the poor, Upon farms, might induce the state to make them common, under the constitutional injunction. If. an application were made to Congress, for the location of a section of land, for very county in the state, for such humane purpo ses, I Matter mys' If that it vrould succeed. Why not? If the lands are ours, and Congress holds them in trust only for us, surely we may dispose of them in our own way. And hw could ahvot two townships of land be better disposed of? I. deed, there ia much reason for ma ing such applications for the domain, in all of the states border ing on the Ohio and Mississippi rivers. Ai d could it be said by any of the old state?, that this is another si heme for the western states aggrandir -ment exclusively? No for the doors of these asylums would be open to the unhappy victims of misfortuif, of every etate and clime. Many a son or daughter of affluent parentage, in the old states, mit;ht, under adverse circumstance hnv3 the h ar of affliction dried up. in these rurseries of benevolence. The shores of our principal nvere, already vocal with the cries of distress, should answer the objection, that such grants w.uld be of local benefit . Applications ?e frequently made to the Governor, to fill vacancies, created, or supposed to be created, by the absence of filters. The length of time i that an officer must have removed or absented himself from his See or place J of residence, to ronsfiiu'e a vacancy, appears not to he sp-cihed by law. This is necessary. When an afScer dies or resigns, there is no diftftully in filling tiie vacant place. I3ut how long a man may absent himself before he abandons his office, is matter of opinio?. The public sentiment is divided on this subject; and therefore the time should be fi ied bv law. In the present advanced and refiaed i siaieoi me numan mino, in those gov iteof the human mind, in those gov-1 ernments which justly stand at the head of the civilia d world, the propriety of infla ting capital ptriishmenta, is. from the experiments of bygone ags, growi' g mo'O and mor questionable. Th1 right of society to takeaway life, and t e.n th- policy of doit g su, publicly, though su-taiu d the hoary advocate of tivie aT)0 usage, are among th most problematical if the settled practkeof the age, which have so uniformly received the acquiescence of nations. Shall the antiquity and universality of these customs, however, secure them against assault, and sanctify thedoub'ful reasoning wi ich sustain them? Or may we, under the lights of experience, teeming from all quarters ol the globe, and as the disciples of all wholesome reforms which are improvements, venture to doubt whether they have not failed to answer the ends of this kind of punishnv nt. It is true, that in taking life, all opportunity is cut tTfrom the eX?nder to commit other (Fences; but this is on!) one of the objects which punishments d-in to effect. They l-ok to a reformation of their victims, atid to examples to society, to deter others from the commission of similar crimes for which the criminal sulred. Are these designs U be consummated, by placing it 7oiihcnit the power of the convict, to undergo the one, or by ma-k-nghim the instrument of a finished burlesque upon the other? Is the brief pi nod between the gallows and conviction a suitable or suftkif-nt lime for ihe eulprit to make his atonement to his countrv or bis Ggd? Is not the day of

public execution enc oi-curicsiiy and amusement to many, rather than one of lasting impressio- 1 Is it the purpose of the spectator, in travelling fur days to such exhibitions, to karo his duty to his fellow man or barely to see one of his race hang and die? The answers which the close observer would give to these queries, would be such as to make the supreme power of a state, pause to examine this question in all its bearings. Confinement at labour in the eolnary cell, responds to all of the reasons for punishment, and has been found to be practicable without its supposed concomitants, madness, inhumanity, and gradual mortality. Bat what weighs most in argument against life taking is that all men are fallible and Some corrupt, and that when vitality is taken away from the creature through either of these infirmities, nothing but supernatural agency can again restore it. When the perjury of witnesses or the frailties ot a court or jury, shall snap the thread of life, there is no redrecs; but when through them other corporeal punishments are in .icted, or tines, or toes of estate, or reputation, or other ii jury , is the consequence, the wrong is not remediless. The conservative and remedial principles of our institutions, may cure all ot the errors of society, but that of Inking away life from innocence. When ttiere rs no redress lor such a cruel deed, with what a trembling caution are we bound, by every sacred duty, to guard against it, by law and practice. Whilst the quo animo, by which men act and are judged, lies concealed in its congenial microcosm and hidden from the keenest penetration, most attempts lo arrive at a certar.Uy with regard to ii, must prove abortive. The actions of the correlatives, mind and matter, as being the interpreters of each other, are often treacherous. Effects are sometimes ascribed to causes which never produced them. Misapprehension and mis take follow. The scene close with one of the primative but barbarous customs of the early and rifde stages of society, when even witchcralt was believed in by legislators and judges as learned as Matthew Hale; and life taken to appease the superstition of the law and judge. At the request of the legislature of Alabama, I dial! lay before you a memorial from that state to congres?, praying for relief to land debtors to the Lr. Sates,8o as to allow pay for improvements on forfeited lands, and to suspend their sales, &c. This document hs merits I anVarso requested to lay before you, res dutions ol the tale3 of Connecticut & Georgia j the latter for, Sz. ihe former against an alteration of the constitution o( the U. S au-8, relative lo the presidential election. Obe of these stales

is averse to any alteration whatever. The other wishes such a modification ot it as tvill give the election exclusively to th? people, without the inter vention of electors or congress. I i ne secreiaiv oi war has lorwardea tn I his tntH. 170 ----- v , - -1 - -w v "iawj m v 2172 of iufanu tactics, which are sub i u to such distributiou as you may direct The various duties required of the executive, b) several reswjutions of the last general assembly, have been strict ly performed, which will be made manifest to you at a proper time. The same cco?iomy and improvement may be introduced into the probate system, by exchanging the county for a circuit probate judge, which exempli rra.'ia, has distinguished the usefulness of the circuit over tt the county prosecu tors. By makiug a competent judge his own cl"ik, and requiring a record to be procured & kept in each county, the business may be done for less and far better than under the present mode. The records of this court should dis play as mm h critical and legal accumen, as any in the state. There is none more important. And unless the proceedings are marked with strict accuracy, an endless litigation will grow out of them. Good faith and approaching necessity require, that the donation at Indianapolis should be sold to create a fund for the erection of a state house. The collection of materials for such a building as the state will have fiTnds to erect, will be the work of considerable time. The balance of the land laid out in twenty acre lots, would be most likely to bring the most money. It is time that some definite conclusion v?as taken in this affair. I feel mj self bound again to digress, for the sake of opinions which I hold dear, to notice some attempts, by heads of voluntary associations, to undermine the grand superstructure,of republicanism and overturn the first principles of the representative system, within the past season, in this state. Political heresies, if left uncombatled will soon fasten their fangs upon the object. The hydra should be slain in its own element, in limine. If "unauthorised bodies are in future to usurp the names and places of their constitutional "corn pers," and assist in regulating the state, or are permitted to usurp the dic

tatorial, office, their evil practices and their creed ought to be rendered as harmless to the body politic as possible. It seems to be contended, in true federalist sang froid, that when a man is elected to office he becomes at once a kind of omnipotent being, and independent of the people That the presumption at once attaches, that as he is selected for his Wans" and other merits, he is, therefore, aboe the people, the law, and the constitution. The infer ance drawn is that it is contended an ofiiccr cannot acquit his conscience and at the same time serVe popular whims and caprices. He must, to be useful, be absolute. This is pure aristocracy. It is the delusive theory wielded by kings to enslave the multitute. They take it for granted that the people at large are beasts of bordeD, and incapable of eelf government. Our new recruits to this doctrine, must act upon the same principles, to sustain the position that the efiicer who will violate constitutional constructions, given to him from the legitimate source either the people or the legislature as the case may be on any point whatever, tan hold fast to the people's ( ftice, a moment afterwards, and hurl df fiance at the power who gave it. We have found with a vengeance, that we have those who not only contend for such notable notions, but those who practice them under license. This class of old side lawgivers, have yet to learn, or if informed, are too sinister to avow it, that there are few who will in these enlightened times, call in question that

important maxim, iilhat at I power and authority are radically in the people." And it is becoming evident, that fewer will ever dispute it in time to come. To such as have not yet found it convenient to believe in these things, lei me 9i) My soul come not thou into your secrets; unto your assembly, mine honour, be not thou united. T;nugh qual ifcations in agents and other qualities, constitute a considerable item in support of representative government, in its favour, it is evident frmthe nature of ihing, that convenience and safety, are by far the m si prominent inducements to its preferences of any other. The people are always sufs in their cum hands, with light. All know thai it 13 inconvenient for the people en mass, in pure democratical form, to act, oispereed over immense territories ; yet it must be admitted, that they possesB the capacity; or ihey have not capability and sagacity enough to Choose one to act for them, They retain in their own hands all powers not expressly named in their charter, to be wielded by them, through their agents, and under their supervision. Surel), then, it is their right to be heard and respected, io every thing which concerns vhem, in the administration of their government. And he who will not bow to the omnipotence of public sentiment either in Congress or in state Legislatures, or elsewhere and suffer the people or their representatives to make him their organ, whatever may be his "own former opinions" deserves a destiny a unenviable as that of the late Charier X., because he is as t rannical. The :.gem is employed oy an election to do the people's business, and he must do it in their wav and not in his own, or give place to those who will. He who consents to be elected to office upou parly ground, agreesto sacrifice his general independence, becomes a slave to opinions not his own, and belongs to his party; and like a late Kentucky Senator, is bound to sacrifice the interest of his state to sustain the principles of a party, or be expelled from their ranks. He who is elected upon his merit, by the free suffrages of all parties, or by the people, without a party contest, is free; and may be independent will teel himself under obligations lo his entire constituents and friends, without knowing or wishing to know, where they stand in politics is fettered by no foreign iccumbrances; and may , like an honest man, act from his own views of right and wrong, and always be found on ihe side of principle and the interest of Ihe people at large. But no mode or number of elections, should ever withdraw the eye of the agent from the wishes of his constituents, or make him indifferent to the will of the majority. He who forms his opinion in advance, to oppose or support, any man, men, or party, without allowing himself latitude for reflection and investigation, puts his mental independence in chains, and his principles under the lead of a disciplined aristocracy. It is true, that when the popular will is full and fairly expressed in placing men in power, their acts should in every instance be supported; not as much on their own account as from respect to the power which created them when their aim is honest & iheir tendency the advancement of the public good. But to make men first the nucleus of a party rendezvous and suffer them to dictate the measure at their own pleasure, is inconsistent with republican institutions. Measures first and then men to sustain them, and none but such as will sustain them, ought to be oa the title page cf the text book of the

United States' politicians. Schooled i& in thi3 theory, peace and good neighborhood will again return, and deception be rendered more difficult. W hen men are presented as the rallying stun, dard, we may behold a fine exterior q affable depoitment Ihe gentleman scholar an intelligent face elegant mien traits of honesty semblances of morality and much more, to command our admiration; but, the seal of intention is still invisible; and we may wooand wed, at last, secret designs &; infirmities common to man in his greatest perfection. Dut when principle? and measures summon us to become their votaries they are thrown open lo our view unmasked we can behold their very soul, their bodv, and their

end we can examine them with oar mind's eye, investigate their causes and eff-cts, and probe them to the core St when approved, we can embrace them as leaders that will not deceive us that caiinot desert us that will live immutably amidst the jarrings of party strife,, to point the way to certain and glorious victory. Jtisn must yield to msas res not measures to men. Among the numerous subjects which a desire to avoid further prulixit, has induced me to reserve foryom superior wisdom and penetration, about which much anxiet) is felt, permit me respectfully to recommend: That you bestow a suitable attention upon the condition of our navigable iivers,as calling for appropriations out of the thiee per cent fund for their improvement, io se ure the safety of the descending craft; and lo encourage the steam boat to vn;ure upon those streams, which, but for their natural .obstructions would invite her to visit their extensive shores. That you lake into consideration the condition of our college, and lostc r it with that parental tare w hit h hall preserve it free from religious sectarianism or political pArtyism, that it may form rice & liberal- sci.olars, avh as will be ruamentoto ihe state, and benefactors to their race That ) ou enquire, whether our state roads have noi failed to re ceive Ihe amount of labour due them by law and the physical force of the state, as an tffeel of too much reliance upon the tOTe per" cent fund. That you may compare the i3ih, 14ih, and 17th sections of the constitution, which prohibit imprisonment for debt, unless : fur fraud f secure the right ot bail, and lorbid ihe n quirement of excessive- security, with the 4th section of the practice act, the 14th section of the execution 1 aws, and ihe insolvent debtor act which provide for the imprisonment and release of debtors, under the capias ad respondendum and capias ad satisfuciendum,n order to be satisfied that ihe constitution is general in its application to all stages ot proceeding in actions, and that the taws make a distinction in righls of the debter upon mesne and ? na process. Our laws aid the debtor in obtaining his release upon execution without a resort to the insolvent law, and where there is no presumption of fraud; but the original writ still takes' the body to jail unless bail is given or a schedule l tiled. L the failure to give bail, that presumption of fraud intended by the constitution which may imprison one? The debtor may be tmable io give bail, and yet have property enough to pay his debts, and be uuwillingio file his sehedule. The ci nstituiion has abolished imprisonment for debt, but authorises it for fraud or pre sumption of fraud. The propriety and constitutionality, therefore, of imprisoning the body, either by the jirst .r las: process in a suit for debt alone, without providing some way of attaching fraud lo the defendant, is extremely doubtful. To ow wiihout the means of pa) merit is a misfortune, but to act fradulently ii a crime Great abuses have bren practised under the 4th section of the practice act. It authorises bail in actions olkicovenant detinue, &c." without any affidavit of the amount due. It is easy to evade the constitution by suing on a covenant, not for the payment of money or liquidated damages, lay the damages at ten times the amount forthcoming, file no affidavit to any amount, imprison the defendant until the trial; and thus demand txcessive bait and violate the constitution. This has been practised. In the one of these cases, an affidavit should be made in all cases where there is no sum certain ; and in the other, the relief given on the capias ad satisfaciendum ehonld be extended to the capias.ad respondendum It will, doubtless, be to you an agreeable service to authorise the presentation of the contents of two boxes of public documents, to the Indiana coU lege, or its worthy President, in behalf of the state, and at the instance of the Secretary of State of the United States, in conformity to an act of Congress: & also, two boxes of the same from the same, to the first established historical society in Indiana. The above named boxshave come to band. In any attempt to revise the military laws, the growing necessity of a classification of the militia into voluntary and sedentary corps, with a view to a more efficient organization and to afford com- . rdcte relief to the censrienUcusly scru-