Indiana Palladium, Volume 8, Number 6, Lawrenceburg, Dearborn County, 11 February 1832 — Page 1

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VOL. VEIL liAWREJCEBUEGH, (IA.) SATORB AIT, FEBRUARY 11,

2E25EEZ35 j (BY AUTIIOKSTY.) Laws of the united states passed at the first session of the twentysecond congress. Public No. l.j AN ACT to authorize the State of Illinois to sell twenty thousand acres of the saline lands in said State. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, Ihai the State of Illinois be, and i?, authorized and empowered to gel! and dispose of, tweDfy thousand acre6 in addilioD to tho thirty thousand acres heretofore authorized to . be sold of the lauds granted to laid State for the uie and support of the salt-works, known by the name of th5 "Ohio Saline," in the county of Gallatin, in said State; the said twenty thousand acres of laod to be selected and sold, and tha proceeds thereof applied in such manner as the General Assembly of 'Illinois have directed, or hereafter ma? direct. ApraovED, January 19, 1832. Public No. 2. AN ACT supplementary to an Act to grant pre emption rights to settlers on Public Lands. Be it enacted by the Senate ant House of Representatives of the United States of America, in Congress assembled, That from an 1 after the passage of this act, all persons who have purchased under an act, entitled "Ad act to grant preemption rights to settlers on the public lacd," approved the twenty-ninth of May, one thousand eight hundred and thirty, may nsaign and transfer their certtiicuti:- cf purchase, or tionl receipts, an ! pRt.ntB may issue in tha DRtne of such assignee, any thing in the act aforesaid to tha contrary notwithstanding. Approved, 23 J January, 1832. Public No. 3. AN ACT to direct the manner of issuing patents on confirmed land claims in ilia Terri tory of Florida. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That all patents that are, or may be, by law, directed to be issued on private land claims confirmed by the commissioners of private land claims, and by the seTeral acts of Congress approving their reports and confirming tho titles to lands iu the Territory of Florida, shall be, and they are hereby, required to bo issued to the confirmee, or to the assignee, or present owner, where the land has been sold or transferred since the confirmation of the title; and it shall be the duty of the Commissioner of the Gonenl Lind Oaica, upon the production of satisfactory proof of the death f the confirmoe, or upon the production of a regular chain of title from the confirmee, to cause the patent to be issued to the heirs and legal representatives, or to the assignees of the confirmee, s ike cafe may be. Arpr.ovED, January 23, 1832. LEGISLATIVE REPORT. Mr. Thornton, from the judiciary committee in the House of Representatives, made the following report: The judiciary committee, to which wa3 referred the resolution of this House, instructing them to enquire whether any, and if any, what legislation is necessary in order to cause the 520th Eection of the 3d article and the 13th section of the 11th article of the constitution of Indiana to be respected ; and also to enquire whether offices uder the general government and the government of Indiana can consistently be held by the same person nt the same time, and especially whether postmasters can he justices of the peace or members of the general assembly, or associate judges,county treasurers, have according to order had the same under their c onsideration, and are clearly and decidedly of opinion that the exercise by any one individual of the office of associate judge is manifestly incompatible vrith that of county treasurer, and they would extend this principle to the exercise of any two offices under the government of this state, from or hy which the incumbent eitker directly

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fr indirectly derives any compensation or emolument whatever, however small or 'inconsiderabla such compensation or emolument may be as etich offices would, notwithstanding, come within the description of those called lucrative, and of course would be embraced by the prohibition contained in the 13th section of the 1 1th article of our constitution. The language of this section is so plain and unequivocal as to render any commentary obviously unnecessary; and in the opinion of the committee would only tend to obscure and render daubtful that which is already aa plain and simple as language can possibly be Uted to express it. Your committee feel that it would be trespassing on the time and patience of this Hcuse so to do. They also unhesitatingly re pudiate the ridiculous construction given by some to the above named section of the constitution, that no office can be deemed "lucrative" unless it prove to be profitable to the incumbent. The intention of the wise framers of that instrument is therein clearly indicated, and that was to exclude from our form of government that aristocratic and odious principle long sanctioned by the practice of deFpoticjgoverBment?, which have permitted a monopoly of lucrative offices by one and the same individual; a principle, as your committee conceive, openly at war and wholly alien to the nature nnd genius of our free institutions. As regards the other description of offices, to-wit: that of postm ister, it must be admitted there is more ground for doubt, but upon a mature examination of the subject, your committee are insensibly induced to the conclusion that the exercise of that appointment is incompatible with a seat in the general assembly of this state. Your committee are aware that the prohibitory language used in the constitution, refers in termi to "the president of the United Stales;" from which some have derived the fallacious conclusion that the office of postmaster being immediately conferred by the postmaster general in3teadofthe president of the U States, cannot be said le be "held under the authority of the latter ;" in addition to which hey contend that it is not an office but simply a mere appointment, and being such, does not come within the precise terms of the said twentieth section the third article of the constitution, and therefore it is not embraced by it. This construction is certainly not warranted by the rules of reason or common sense, and does appear to your committee to be grossly fallacious. Although the appointment of postmaster ia generally made by the postmaster general upon his own responsibility, yet when it is recollected that that officer is himself the mere creature of the president, holding his office at his mere will and pleasure, it is not perceiv ed how any distinction can be taken between holding an office conferred immediately by the president or by the postmaster general it may still be eaid to be held "under the authority oj the president," which would be bringing it fully within the letter of the constitution. But if that should be denied, no one can be hardy enough to allege that it is not embraced by its spirit and meaning. To arrive at a correct concluiion on the subject, we must enquire what was the intention of the framers of the constitution when they made this provision. The answer is too obvious to admit of a moment's doubtit was most assuredly to prevent the exercise of au undue inlluence by the executive of the Union over our local law-givers, which might produce results of the most dangerous character, and tend to subvert the independence of our stale institutions. Nor docs your committee per ceive how n more favorable construction can be given to the. exercise of an appointment over that of au of ice, if thd emoluments be the same and both drawn from the same source. It is impossible for your committee to perceive how an appointment to which a salary of $'3000 is attached, can be less corrupting to the incumbent, than au office would be with an equal salary and held by a like tenure. It would seem to a man of plain common sense, that the influence and effect of the one would be equally potent with that of the other, and that an office, merely because it might be evidenced upon the richest parchment, under the sign-manuel of the president, could offer greater inducements to its incumbent to become subservient to the will of the president, than if such incumbent had been spoken into existence by his oral fiat. The plain unFophistic.ited truth is, that it is the circumstance of being employed, no

matter hozv or in what jorm such employment is induced, which renders the principle herein involved objectionable, and gives to it its just impress. Entertaining convictions like these, your committee are impelled to the inevitable though reluctaut conclusion, that no postmaster, w hether bis appointment be derived mediately or immediately from the president, can consistently with the above provision of the constitution, occupy a seat in the general assembly and with a view to prevent in future the recurrence of cases similar to those named and referred to in the above resolution, thev have directed me to report a bill declaratory of the true meaning of the constitution, and designating those offices the exercise of which is dteraed incompatible with each other.

Congressional. January 20. The Senate, yesterday, at half past twelve o'clock, having finished the morning business, proceeded, on motion of Mr. Tazewell, to tho consideration of Executive business in which they were engaged till 4 o'clock. In tho Housa of Represeotative?,Mr. Adams, from the Committee oa Manufactures, reported a resolution directing the Secretary of the Treasury to report to tho House the quantities aud kinds of the several articles manufactured iu the United Slates, during the year endiog on the 30th September last, particularly those of iron, cotton, wool, hemp and sugar, &c. together with such information as he may duem material, and such suggestions as he may think useful, with a view to the adjustment of the Tariff. The resolution was adopted. The resolution submitted on Mcuday by Mr. MeDuiTie, from the Committee on Ways and Means, of a similar character to the above, was then considered and agreed to. Mr. Davis, of South Carolina, from the Committee on the Judiciary, reported n bill to refund the fine imposed on the Uie JUathezv Lyon, un.der the Sedition L'itv to his heirs and representatives. The House again reeolved itself into a Committee of the whole on the state of the Union on the Apportionment Bill. A discussion of some length ensued, but before the question was takeu on Mr. Hubbard's amendment, to strike out 48,000 as tha ratio, und insert 44,000, the Committee rose, reported progress, and the House adjourned. January 21 . In the Senate, yesterday, Mr. Benton, asked leave to introduce the following joint resolution: A joint resolution declaratory of the meaning of the charter of the Bank of the United States, on the subject of the paper currency to be issued by the Bank: Resolved by the Senate arid House tf Representatives of the United Suites cf America in Congress assembled, That the paper currency, in the form of orders drawn by the Presidents of the OiHccs of Discount and Deposiie, on the Cashier of the -Bank of the United States, is not authorized by any thing-contained in the charter; and that the said currency is, and is heieby declared to be, illegal, and that the same ought to be suppressed. Mr. Benton supported tho motion in a speech three hours long, and it was opposed by Messrs. Dfillip, Buc!:ner, Webster, Wilkins, Bibb, Chambers, and Smith; and furiher supported by Messrs. Forsyth, Miller, Kane, Marcy, and Tyler. The question beingtokdi , leave to introduce the resolution was refused as follows: YEAS Messrs. Banton, Dudley, Ellis, Foreyth, Grundy, Hayne, Hiil, Ivaae, jlnngum, Marcy, M:l!er, Moore, Tazewell, Troup, Tyler, White 1G. NAYS Messrs. B-1U Bibb, Buckner, Chambers, Clayton, Dallas, Ewing, Frelinghuysen, Hendricks, Holmes, Foot, Johnston, King, Kuight, Naudain , Prentiss, Robbins, Robinson, Seymour, Silsbee, Smilb, Tipton, Tomlioson, Webster, Wilkins 25. Mr. Clay, submitted the following resolution, which was read and laid on the table. Resolved, That the Secretary of the Treasury be directed to communicate to the Senate uny correspondence which may Lave passed, between the Treasury Department and the Collectors of the Customs, or either of them, &he;v ing the construction which has been placed by that Department upon the act entitled ,(an act to amend the several acts imposing duties on imports," approved the 24th Muy, 1524, or upon any other act of Congress, imposing duties cn imports, passe d sir.ee that day including lue aci oi uie iytu or 3iay iboU. The Senate, after a fitting of five hours, adjourned over to Munday next. Iu the House of Representatives, Mr. Roof, from the Committee on Agriculture, reported a bill for promotiug ihe growth and manufacture ol Silk in the United States. Mr. Dravtor. frtm i hiCumrciltee on Miliary ALtiife, reported

a bill to increase the number of Sar-1 geons and Assistant Surgeon, in the I

United States' Army. Mr. Bouldin's resolution relative to the Tariff, and Mr, Davis1 amendment thereto, was again taken up, nnd discussed by 33r. Mitchell of South Carolina, until the expiration of the hournllotted tomornirg b irireii. A number of private bills were r.cted on. The Speaker presented the memorial of the President and Directors of the Bnk of Pennsylvania, praying a re-charter of the United States. On motion of Mr. Witklifle, it was referred to the Committee of Ways and Means, with the following instructions to said Committee: ''To enquire into the expediency of reporting a bill to incorporate a new Banking Company, to take effect and go into operatiou after the expiration of the charter of the Hank of the? United States, reserving one third of the Capital in said Hank for the United States, together with a sufficient bonus ou the charter; one third to be subscribed for by such ot the stock holders in the present Uank, as may be citizens of the United States, the other third to be taken by such citizens of the United States, as may desire so L invest their surplus capital; That they also entpuire into the expediency of prohibiting the Uank from dealing in or holdg real estate, except for the mere purposes of Uanking Houses and Houses necessary for the transaction of the business cf the Company : 'Of prohibiting ths location of any Branch in any State without the censeut of tue Legislature of such State : And also, of so forming the charter, that the Legislature of the several Plates shall and may exercise the piwer when they deem it expedient to do so, of imposing a fair and reasonable tax upon the capital employed, in any Dank or IJranch of said Hank, within the juris diction of such State; and also to subject the said corporaticn to be sued in the District or Circuit Court in any State, where they may have a Branch located, and the cause of action accrued." January 53. The Senate did not sit on Saturday. In the House of Rspreeentatives, Mr. Clayton, of Georgia, attended and na qualified. At an earlylhour the House resumed the consideration of the ieeOIntion proposed by Mr. Bouldin, of Virgina, on the subject of the Tariff, and the amendment cfiered ly air. Davis, of MaasachusHla. A debate ef great length and considerable warmth ensued. Mr. Davis' amendment was finally adopted, yeas 100, nays 01. Mr. Stewart cllbrvjd an amendment, directing an enquiry as to tbo prices paid in th United Slates, for wooikns, cotton, iron and other manufactures, before and after the passage of the TarilFlaws of 181G-24hnd,23, Mr. Nuckolls proposed to amend this amendraent by adding "what would be the cost of the several articles, if the Tarifi were now repealed." The previous question was moved and sustained, but before the question "shall the main question be now put," was decided, the Huuju adjourned. January 26. In the Senate, yesterdny, Mr. Beutop, submitted a Resolution leferring a number of ii qutries respecting the United Slates Bank, to tho select Committee on the subject. Mr. Dallas prsented the memorial of a number ot iht citizens of Penns) lvanio, remonstrating Hgainst any restriction of the duties on foreign coal. Mr. Fool's Resolution for altering the rules of the SoMitc, aftt r tome little discussion, was Uiri on tha table. The special ordr cf the day (Mr. Clay's Resolution) was t;,ken op, and sortie discussion tutk ptace ou the motion to postpone it tilt Monday, that motiou was withdrawn. nd tha 9 Senate proceeded to the ccna.dciatioD of Executive buiine&d. Ia tho Ileuse of Representatives, Mr. Ellsworth, from the Committee ou the Judiciary, reported a bill in addition to an act for the relief of etitjin Insolvent Debtors to the United States. Mr. E. Everett, from the Committee on the Library, reported a bill making an appropriation for procuring copies of Historical Documents from the public iffice in Great Brilaiu. Mr. McDuffie, from the Committee of Ways and Means, reported a bill to authorize the President to direct tranters of appropriations in the Naval service, under certain circumstance?. The bill providing for a revision nnd ealaigemeDt of lha rules aud regulations lor the govercteot of the Navnl service, was passed. The House resumed, iiCommittee, the consideration of toe Apportionment Bill, upon the amend ment winch proposed to strike cut -12 and insert 44,000 hs the ratio; the general merits of the bill was further disctmed by Messrs. Wnyne, Hunt, Bel), Plton and Polk. The question vt hs tbken upon the amendment and lost Yens 81, Nays 105. Mr. Howard then iRovtd to strikn out "3d Much" and hiseit "Gth MaiUj," en the ground

1838.

that tbese respective periods in the bill determined the principle on which the number of Electors for President and Yico President were fixed whether according to the present delegation, or that which may be given to each State by the bill when passed. Before this question was taken, tCe Lvomamtea rose, und the House adjouned. January 27. In the Senate, yesterday, Mr. Mnrcy presented the memorial of Daid Henshaw and other, citizena of Massachusetts, pray iog for a charter , as a B jib ing Company, to taka tiled iftv , he expiration of the term for which tho piesert United States Bank is chartered. The memorial waa ordered to be printed, and was referred to the Special Ccmanttee on the United States Bar k. Mr. Wilkins, from the Select Commit-. tee on French Spoliations , reported thu bill making an appropriation of five millions of dollars fur the relief of the sufferers by French Spoliation!, committed prior to September, 1 800. Mr. Ewing laid on the table a resolution declaring the unconstitutionality, Sec. of removals from office, and the inexpediency of filling, by advise and consent of the Senate, any vacancies thu9 occasioned. On motion of Mr. Tazs'?!?, the Senate, at bulf p--t 1 o'clock, proceeded to the ceusideration of Executive business, wherein the Senate was engaged nearly four hours. In the House of Representatives, Mr. Archer, from the Committee oo Foreigu Affairs, reported u bill giving tflVct to a commercial arrargemeiit between the United States and the Republic of Colurabia. The House went into Committee on tho apportionment bill, nnd after some time spent iu the discussion ofMr. Honard'd motion to amend the date of the commencement of the new appointment, the motion was withdrawn by the mover. Several motions were then made to strike cot 43,000 and tneort various numbers between 45,000 and 00,000; all of which wera lost, and tbo committee rose nud reported the bill to the lToue without amendment. Mr. Vi( klilfe then mr ved to refer the bill to a Select Corrimittte, consisting of one member from each State; before tha question was taken, on thu uiotice, the House adjourned. Another Clay Caucus: It bt-LLmea our da t j to inform ths public that e caucus, composed ofMembers of the Legislature aod others fr it cdly to the election of Heary Clay aod John Sergeant," convened sv a call made throuuhhe Indiana Joun-al, was held m the Slate Huuie on Tuesday evening Inst. We have madt free to call this meeting a caucus, btcbiit it falls specifically uudr that appellation, not dt iivirg any prerogative horn the people, but leing cna ot those political saucuses which tho managing puiiiicinrs of the day, cf certaiu cate, institute for the ccmrltlion and organization cf their ovr n projects aod designs. The caucus character of this atsersblagu is the more ol jectiouable, for tho reason that it took upon i I self thu regulation of those matters which have universally, by republican?, been transacted by the regularly constituted delegates of the people, chosen by the popular voice, for thnt particular urpotc, tha selection of Electors of Preside! t utid Vrice President. Last winter, when gentlemen from all parts of tha State held n general meeting ic the Governor's House, for the purpose of soliciting President Jackson to serve a fcecond term, it was loudly denounced as caucus, und the attercp wus made, to induce the public to believe that a caucus was a most terrible political monster, which if countenanced, would soon subvert the prirciple3 of cur republic and desttoy the liberty of tho people. The consistency of the opposition is placed in a very dubious viur on this occasion; as it is on most other points of their political creed. The meeting was organized by ep pointing Judge Polk ns chairman, aud D. Miguire as Secretary. A select ccir.miltee, ol two frcm each Judicial circuit was appointed, counting tf the following gentlemen: Messrs. Wilson and Ciurnptm from the first; Graham and Pem iugton from tho second; Cotton and Vawter frcm the third; Frisbie and Thorn from the fourth; Smiley and Conter frcm the tilth; R-vo and Hoover from the sixth; and Ewing ai;d Farrington from tho Seventh; who, after deliberation, reported tho following ticket of Electors: John Ku) kendall, of Kucx county , John Haw kiLe, of Fountain ccunty3