Indiana State Gazette, Volume 1, Number 9, Indianapolis, Marion County, 17 December 1829 — Page 2

tnendment9 are necessary to the existing provisions made for ascertaining and recovering damagesunder the occupying claimant law, and that they rcpoit by Bill or ttherwise. On motion by Mr. Graham, Resolved, That a select committee hp appointed to enquire what amendments, if any, arc necessary Jo be made in the law regulating the interest on mo nv, with leave to report thereon; and Messrs. Graham, Linton and Sering were appointed caid committee. On motion by Mr. Ltnton, Resolved, That the committee on c lections be instructed to enquire into the expediency of collecting and embodying ill the l-ars now in force on the sabject of schools, and school lands, and if expedient report a bill embracing in it? pro?mon9 a system for the management of all the shool lands. On motion by Mr. Linton, Mr. Orr "was added to the committee on roads; and on motim of Mr DepauiY, Mr. Lo max, was added to the committee on ed uc-tion The bill concerning the Farmers1 and Mechamck?1 bank at Madison, was or red to be engro.cd for a third rea ding. On motion by Mr. Cl vyi ool, Reol?Gd, That the committee on the Judiciary be directed to enquire into the propriety of repealing all Statute Liw authorizing trial? for the right of property that may be taken in execu tion, or provide some oihermodc which would be lest calculated to prevent the delay in the collection of debts, which i occasioned by the operation of those statutory provisions.

house of nrruKSErnwrivKs, Frid vv, December 11. Petition's I'Eeskn'TEIi, 13 v Mr. Hal! of Jesse Wells and othcis, relative to school ! Sections and election ot trustees; by 31r. K. rivalry, of Jonathan Lyon and others of W i.siiin'ton county; for .'in investigation of allowed abuses of the officers of Iiloomin'en College; by Mr. Rariden of Jonathan I'htt and others, to appoint acolhr;or of militia tiin-s in each battalion; al-:, of Lri Sn. ker, .Vc. relative to rdocation of pirt of a state road; ;lso 1 he remon--:: :;!( e of I vi Kidwell and others, on the .v:,e sa'i.et; by Mr. Stewart, of Sarah .MVl'iv for a divorce; by Mr. Kingsbury. ct".r .n s liam r!y. fir a divorce; by Mr. C - v. of ( tat tin citizens of lN.sey county. : t an tdterition in th' c1kh d law, so that .hc inhaliivuits of racit tnvvu!iip rriinai'e their own funds, 'all of w hich were re ferred to apfopri ite cornrnitt-e. Mr. Peninngfim, f o;n therommit'c e on ro ids report eddnt it is ineH-d:(-jit tolegisli'v on the subject (( 'iviiig further time for viewing and locating a roid fro;n Bono, iy H'.-dtord, ro Terre Haute; which, on mo. ior. of Mr. Blake, w.s laid on the table. Mr. Pennington, from the same committee, also rejortrd that it would not be sd visible to pas.-; a law, in compliance with 3 j-etitiou of Joseph Bartholomew and other-, to purchase implements to work toads: which was concurred in. Mr. 1 iaridenprenteda resolution that ! uiarv committee enouire into thej ui; Miuu iarv committee rnquir f-odieney of passing a law, regulating til--(lecent of tlie rral estate of Indians, v.-i'hin the stitc of Indiana, which was read .Mid ordered to lie on the table. On motion of Mr. J.vck-on, of Scott, Remind, That the Judiciary eomiiuttee ii,, tripled to enquire into t!io e.xpect;r:cy of fMo.;ling a uniform mode of doing county business, throughout the tate. with leave to report by bill or otherwise. On motion by Mr. Kinvaiid, Ilrwdrcd, Th at a s' lect rommitte le a;i;i.Mn'ed 'o eriquiro into the- exjteilimev d tiutfionsmg the location of a state road, Irora M irMtnvdle in ihe count v of .Morgan, hv way of Lyon's Mill and M'Miri-ville. b-.i-itig north inruch direr tion at, will interact the Micfiigtm roa! at 'ich point ;i the p'lhltc interest may require; ;m tin' Jaid committee have leave to r-vi bv bill .r . tl., 1 1 .1 . t 'l v. 'lur iHhc; ;rue-eu tiiat .vicssrs. imu.vud, Ilu-bey and Mc.Viry Ik hi:! commitj ,.. n motion of Mr. W.Lr..ti:, of Je.'lirRrsidrrdy That a committee of two be apf-oi'iN-d to enquire into the ejw-(lierir Of hying an additional tax iijkui sales .at Tiction, wliirh ta shall be regulah d upon lh ad rnlorcm system, wm the amount jf go(d sold. Ordered that M .-ssp. Wall ace of J., Ilowkund IhsS(;tt . s,id rommittre. On motion by Air. McNakv, Tlrxnhud, That th committee on Military athirs lj instructed to enquire into the expediency of rotealmg tint oart of i.ie Uiii.ui nvv impising:i line on private s, r to militia duty, for not beinr' le-r.-d. 1; equipped. Air. McX.try presented the following resolution, viz: IMrnt, That the Judiciary eommitr be instructed to rejM.rt a bill reviving fa'; former statute,which Ims been rejiealed" r-gulating thepractieeof physic and snr2ry in this state, with. such amendments if noiu'siry, ns shall encourage the regular s'udy of medicine on the part ofpraetftionarvl insure the public from the imposition of ignorant pretenders to the pracUc;of M die inc. Mr. Long moved to amend said resolution so a3 to require said committee to iTitru into the cxH,liency of reporting said '"d, which inoliou was carried in the affirJaative, Mr Johriston of Knox, moved further to jniend said resolution by .striking out "the Judiciary committee be instructed," ami rtmg a select commitieebc appointP which motion wi3 carried ja the affir-

Mr. Cranio, moved to Ly suid resolution on the table, which motion was decided in the negative. The said-resolution, cs amended, was then adopted by thellov-e. Ordered, that Messrs. McXary, Dumont, Armstrong, Herod and Slaughter be said committee. On motion of Mr. Jloovr.n, ResohcJ, That the committee on Education be instructed tc report an amendment to the act of the last session of the General Assembly relative to the sale of school sections, so as to place the sales and the funding of the money in the several townships where such school sections yet unsnld Mr. Gardner presented the following resolution, viz ; Resohed,That the Judiciary c o;ii:-(ittrr? he instructed to enquire into the expediency of reporting a bill, providing for the taking the next census; the taking of which shall not be commenced before the first f net October, and shall be finished by the middle of next "Soveiuher. Mr. Morrieon moved to lay said resolution on the table, which motion was carried 111 the affirmative. Mr. Smith, presented the f lowing rc-ohi-tion, viz: Resolved, That tlir military rommittPe be untructed to revise ihe militia law h.r this Slate, and that this Iloue will provide by lavfur the printing, distribution and delivery of a copy of such lur;, to every officer in this state, sho by law may be entitled to the same. The said resolution being reaJ, and the questiou being put "-hall the sr.me Le ado. a ed!M It wai dicidi'd in the negative. On motion by Mr. Levlnwdh rif, Resolved, 1 hat the committee on K lueatiun, enquire into the expediency of making an equal distribution of the procctd-of all the sixteenth section? in tt.C5talr, -ivcu lor the purpose of promoting common school", anion; all the inhabitant-, and the right of alt lo participate 'cpially in that distribution; at the same tune nujuiring into the ju-tice and right of requiring of the I'm led Stater, in al!,. .-e, here the loth sections are not valu . a right to select other sections w hich arc limbic for that purpose. On motion of Mr. Lc;?.n, it vra re i.lved, ..... , ... i . ... -

ttrurted to enquire into the ii.ai i:i. i ommmer on mtiiiarv a:!i:i-Le in- : i (iif'h'- if amending the. militia !aw a to a!t on- at M itional eonijiuiiy inu-terin the month of st (1. tcrnbir mcacli ear, witli kat t rtj- it ! bill or otherwise. lr. Ilero-J prt-.nttd the f- !!o.". i:,,- re ulutior:, T,iz: lve.-olcd, That the c-'iu:uit?i of Wv.y s;iinl Means he lu-truclt d to t n tuir-into t!.- j ro(Tiety of so aiiK-ii(ii(i the la-v re'ilatm .ii:,. he ferries ai to make it the' i!nty I r . i r L-1--ersto ero-s all jier-oii, wh'. are liaM -' f.. h rmhtar) duty, iu j;uiii- to am! from t!. ir j. :..;.- er inu-ter-, In e ei i ,ar,-( ; and to entit" - aid ferry k( e; i r to a reasonal It i:n, ( i.-ai. , he -aid out of the fund ari-iti iiotii i"i a---esud ?aiii-t o-n.i ntioii : j rsu;45 : v. huh way read, and oa motif n ot Mr. Ilur.i-.. j T he saui" was laiJon the Tab!. . The Haue re-olved it-ell info com nvttec of the w hole, on the bill :dl:w lug the writ f certiorari dr. Boon moved to amend aio fill by Pinking it cut from r.s enacting clause. Mr. Boon ni.J, thai in hie opinion, 'his bill prepoed agieat ch in;.' in ihe aw, tvmch he thatiht wa- nat cailed tor; and ttiat be would give a lew rca ons, why this bill ouj;hl not to ohs. It vould be the means of bringing u-ure ... r ' litigation, by this nut ol certiorari, l the proceedings before a Justice of the rcace' -s he dt-covered in one part ot ,he that the wnt could be taken ut at any time, wi'fun one year alter the ju'lgmcfif, before a Justice of the Peace. Person that executions migtn 'c against, would take out 'the writ oi certiorari, to proctatmate the payment of debts, when they had no expectation of getting relief, and that the creditor would hp injured thereby. Mr.JoHSTON ot Knox, arose, and in ieply to Mr. Boon, observed, a to the objection raised by hun against the bill, iliat the mere circumstance of delay being created by proviion, wa riot a 'uthcicnt rensori to icjcct it, eeing that the plaintiff would be tully sccuicd in is demand that to his understanding it appeared better to cause a little de lay, than suffer a party to groan under anuujust or impioprr judgment. That formerly in Indiana, the certiorari law wa in force (and now in a suter ftate, Illinois where Ite sometime piacticed,) and it was deemed a henefi-.-ial law, ami attended with salutary effect. And in fine, if no betler or more cogent reasons were assigned, he should vote m favor of the pas-age of the bill. Mr. Dcmo.nt epokc in Mil-stance as follow : Mr. Chairman: Had I but this one objection to tin bill, namely, that it i bad policy to make toj fiequent change in our laws, that objection would be a i-uf ficient reaon for not only ptriking out the first section, tut also the whole bill It i an error in legislation to do too much: itiawrong to make change in lavtai, when tile necessity of euchctiansen have not been felt hv the neorde. It is a matter of complaint, that chan gs are o frequently made, as too often t place it beyond the power of the people, to know what the law of the land id In this instance we have not heard a murmur from any quarter J'or aught any member on thi.ilor know there is now a general ..pprobation of the existing law, on the mbjct of judgments rendered by Juiceu of jM. Peace. Let ui not now di,i,,, ,),, quiet, happy state of our corititf.rit), by breaking up the great deep, and inundating them with flood of law suits and cenfusion. All law, to be salutary, mut be adapted to the situation and ctrctimMancei of the people who are to be affected by them. The people of polar and torrid regions, in many particulars, need laws as different a the climates which they inhabit. The ablution to nece-sary in Palestine, would be, not only burdensome and oppressive, but absolutely unhealthy ir, high northern

latiludc?. Convenience and comAjit to j thP nnonle should bp th aim of their

law givers. A distribution of happiness . among the people, should be the aim ot every honest politician: That there can be happiness without peace, no one jll pretend And there can be no peace in the midst of continual litig tion. If this certiorari bill enn have air. seeming merit, it ii, that it may havt a lendency to correct errors, made by Justices of the Peace; that it may set aright their blunders, and that all the little business of those courts, may be reviewed and corrected by men of high legal attainments In small mutters, it is ofteu not of half so much consequence m vrhose favor u decision be made, as that there be a decision, and a final one. During the pendency of a sail, generally the social intercourse is suspended: rr.en see through jaundiced eyes: every act and eveiy woid of their adversary is designing ami fraudulent: even the conscientious witness is scru pled; and iu heat, he is charged with perjury: a slander action is the result; and a demolished fortune, to one or both of the litigants, is the inevitable consequence of that result. Often the harmony of a whole neighborhood is destroyed by a suit about one sheep, or one hog; and if, instead of the passion being penrntted to cool when a deci .-ton te made b) the justice, either par ty cati avr.il hiuvelt of any little informality, without reference to equity and right, e.nd thereby call his adversary into th" circuit court, when will the storm of neighborhood nar erase ?!

Wi.cn will tianquility an:! happiness i yet?, as a. body of men, as honest, a again pervade tha4 once blissful neigh ' philanthropic, a patriotic as any other l.,n(v,f ? WI.pii l.nlh llid rnrn!,:UnfililrlaM of men. taken CO I ! CC 1 1 V t I V . I

have fallen: vvUeri they, Sampson like,

tiH II have pulled down the temple ofliahve bo-'ies are dangerous, because

their fortune nnd their joys upon their own heads: When the luel m totally exhau-ted, then, and riot till then, m ill

, tie !iie ea-e. public, and they will find that the cen It was never intended that cur Ju-n - Uuie is unmented. Let the journals ol es .-houid be lawyers, or that then de j the Legislature of this state tor the thii--isii ri- hoild be drawn by a line .if tine ! u-en years of its existence, be carefully, -(tin, techno al ?ophisti"y. Sn, ' ex mimed, and it will he found th.i' nothing ui'ie than the materials .if a! nearly all the laws that have been ew o.ui.tiy could fuinirh, wa- evei in ! made, having a tendency to make the ended to bo expected at their hand-' ! profession lets profitable, hav e been Iboie-tv an. -I iniegnty of intention, com- j origin ited and ?uppoited by lawyers mneil w ih uond commun -eue, w er c all ; The laws, for revising the laws at tevth.it could be expected oMhem; atuil.eral times, theicby leudeimg them venture to affirm, that with thee in I ea-it r to be understood, have always view, ninctteri decisions made by them j met the individual support ot lawyers

.ut ot twenty, will be lound to be legal iecirions -. I mean legal in the ieu!t, tin ugh the road to auive at them, ma have been shorter than thai mar ktd ut by precedent and forms. What thmigh the manner of arriving it 'heir judgment, be not ledocible to ihe plu'iiet and sipi.ue of legal mles: ll mattei net It h urnmpoilant how it no done, so the end be accomplished, md the gic.it end ofju-tice Le thereby pron.otcd. JS'oiv, let us suppo.-c a certiorari law ;n full oiieralron. In the trial of -Tj-i'U, nay, m rJD 100, and perhaps 'Jj3 10UO

o! the cases, decided before the jutine yisl ituie ot this slate, to take into coniii this Mate, some little err n w ill be , ideration the pn ptiety of passing a

found aornelhini? not rtreei.elv idumb and level: If not, there will be no de liriency of lawyei or litiL'ious individ -

mils, to imagine enor, and no difficulty hope to equal. It should nat be forgoin :n:iking the losing party, dutuiL' his i ten, too, that he wa.s a lawyer; a I t w -

passion and chagrin by di.-appointmeni, er w ho labored lor the inteiestsot the apply for a ceitioran, and h ive the ! people, and not lor his own private anwhote matter brought up to ihe cucuit I vantage. I wish to be uudt i-iood as court or levisun. By the operation ; IM'1 meaning the leaM dishonorable ald this law in one year, there would be! lusion against ihe gentleman whomtio iheiMHrid of suits, which had been j duced Ibis bill. I believe hi. intentions justly and equitably decided by the ' rjood ; though I must think he ha not

Justices, reedlrssly and .rxati'.usly car- ; ned up, to elletl u- other puipase than to gratify hatred and revenge ;--io pro duce no other ellecl than to impov eudi the parties, eniich the lawyers, and ill IV e liom then u- lol stations, the hou est Justices of the Peace. And dnve ihen from their stations it stiiply would ; for, make this bill a law, and you would irnpei-ch nearly all the judgments y;iven fr a limited penod; and Itif con sequence wou.d bo that a tide of li lt cule would be turned against our Ju.Mi cs; men, infer ioi to themselves, the foots and the blackboard of Ihe country, would be laughing at them ; their honest pride and indignation w-.itild be aio'asod, and ihey would quit their Matimii, and ictue with disguM from m unthankful a service. Does any one say, let them go, and their place will be filled with nine intelligent men? With more hou est men we know they cannot be filled, tor they aie such men as have the confidence of their neighbor, jvho know thrui best, and by whoe voted they have been placed in ollice. Nor i it true that we can, io general, obtain mote intelligent men to lid this ollice, who would render u better measure of justice to the people. Here will apply, with its lull force, what I before caul of the neeissity of untinf our laws to i M our condition: that the inhabitants of Nova Zembla should not legislate l'oi the inhabitants of Palestine. We Miouhl recollect that this is a new Mate; the inhabitants of which, are Mingling with many of the tlitli cullies incident to wilderness countries That here, where we aie now deliberating, less than ten years ago, the wolves were howling: that even ii eve ry ether opportunity for mental improvement were preented to our yeo rnanry, save leisure, yet for want of 'eisure, they could not 'improve them. The forest must measurably disappear, farms must be made, money must be procured by induMry to my for the lands, before the people can find leisure to pay much attention to mental iruproreinent. True, schools are rising;

the voice of instruction 13 already heard anions us; and our children begin

to catch some glimmering of the sun ol ripnr.c: vet this rcneratioo must pass away, before the important ctlke of Justice of the Peace can be filled in this state by men of any considerable legal attainments. What then; shall we abolish the office, or do worse than abolish it, by forcing its incumbents to retire in disgust, before the force of a law, which would sacrifice substantial justice to frivolous and unessential dis tinctions. The office is all important to the country; it is a matter of vital consequence to the interests of the people, that mo9t of their small differences c;u be settled in a neighborhood court a kind of patriarchal court, which, whe ther it, in all instances, does ceroplete justice in a strictly legal way, is altogether important, so long as the all itn oortant ! o nt m thereby effected he restoration of harmony Ly a decision of sumcsurtor other Why will not our present law of appeals fully answer all the purpo-es of justice? It does; and few men. under the existing law, ven lure an appeal, without at least themselves believing they have justice on their side. lui enact a law of certiorari to bring these little ctsei up, not on their real merits, hut on the supposed leal errors of the Justice, and we fatten the lawyers at the expense of the people; at the expense of ju-tice; at the expense of peae; at the expense ol the happiness ot our mhanilanls. I am one vv ho stiive to combat a prevailing error. 1 am one who believe Uc lawknow that many think lawyers in leg,.they imagine them to make laws which promote their own private interest "Let facts be submitted to a candid Lot, now, the honor ol Uie pio!csioi pi (eaparoy. .vu-., c uk au.-ui io enact a law that will multiply contention 1 -. s. ... I. ... . ! and di.-cu;d a th-Uviud fold; now we j are about to erinch the iawyeis in a tie j gree unpre redenlt d 1:1 this countiy , by tht UWllliT the people into courts m groups, m fcULii a m.ii;iei u; louiu-iju, th.tt tlicy cannot pcibiy exliicate the-n-olves without the lawyer's aid; now we are aiming a tatal blow at the most useful otli;eis under our state gov ernment the honest, well-meaning Justices of the peace. Seven year? ao, a proposition was made in the Le i certiorari law. Ttiea the late j thaniel Hunt attacked it with a vein cl ! ell directed satire, which 1 can never duly weighed the operation which -u U a 'aw as this imgnt Have upon the happiness of the people. 1 think, Sir, thai the honorable chairman, whom I now address, was present on that mteic sting occasion; and with trie, cannot help recollecting tome of Mr. HuntV remarks. 1 think I can now eee him, in the undM of this assembly lifting h s hand and voice against the bill be fore u He s aid, among other excel lent things, "That the justices of the peace are now doing then busiuci-sina knitting woik kind of style; that 'll is all pa-sing on quietly and peaceably, and the tlect is a happy acquiescence of the people; but hi, said he, once dt lurb this tranquility, by calling in que to.n the reason ot every decision, and expect and exact it trom men who, thoug i they itisensibly reason, caunol give the basis on which their reason is built, or describe the . uperstructure thereon erected, and you throw a hornet's oeM into the tranquil group, and instantly the air iJ rent by discordant shi leks ami waitings. Bather sir, would 1 plant the Upas and its poisonous ex halatious among the people, than introduce a Certiorari law rather would I turn loose among them the merciless Indian savages, with their bcalpmg knives arid tomahawks, thau establish a ........ .... Ceitioran law." The honorable (Jen tieman who presided when he spoke, than whom no one is more tut. tied to my highest consideration (I mean the prime mover of this bill), will, 1 trust, bung that nceiiu to his recollection, and abandon this bill, not as a fioward child I hat is to be fo.2ver cast away, but as one which, with the next, or some sue ceedmg generation, may be eminently useful; and that he and I nnd all of us will leave to posterity, the pleasing task of calling for lit? services when they may need them. Mr. Johnston remarked, in reply to Mr. Dumont, that if he could believe for a moment, that the dreadful evils portrayed by the gentleman last up, in such glowing colours, would ensue, he himself would ratse his hand in opposi

tion to the bill. He admitted the piesent magistrates were honest men aud

aimed to do right; but that he had too much charity to believe, that our cir cuit courts would intentionally do wrong allowing, however, the supposition that they were so disposed, he remarked, that the Cth section of this bill obliged them to decide according to Ihe riffht nnd justice of the case. It had - p j been objected by the gentleman, that it w as inexpedient to adopt this meafJ . .. ure, and that it would be untimrd in its V4 Ul, I1MHMI" - would rcplv, that r . : for improvement, it least not retro effect. I o this he the jtresent is the time and that we should at ?rade. but. if possible, progress. That ihe Legislature would be much hampered in its proceedings, and our deliberi'ions confined to a few tubjects, weie we to act upon tho?e only petitioned for, by the people; but that the contrary was the every day's practice. That as to the subject now before the rommittee, he had been instructed by a number of his constituents to introduce and suppoit it, and finally, that 1. had yet heard no substantial reason to induce hun to change his opinion, and should therefore vote again-t the motion to strike out. On the question being taken, the motion to strike out prevailed. The com mittee then rose and the House c ncut ted in the amendment ; and on motion ;f Mr. Long, th further consideration tbfeof was indefinitely po-dporxd. On motion of Mr. Hall it v as r -.ol . d, t!i it the Judiciary committee bv instructed t inquire into the expediency of mahiai: it th- duly of the Judges of ti e Supu :i.e Court of tla"tate, to give an opinion in wt itii on tvery error a- ?igned crowing cut of the record iu the ca hi lore them. Mr. IU ad, alter having btaira d leave, presented a joint resolution relative to the W rtern mail route, from Louis-. die, Kentucky, to "t. Louis in Mi-si)uii, w hich was r ad the f-rst time and pat d to a second re eling tomorrow. Mr. finlcy, alter having oLtau.e 1 loave, prece:ited a oiut rt -solution on the subjt'tt ol eoloiii-inc the people ol color ; '.viae!; wapeopl. read the Lnl time aiu passed to a svee: ii:L' t-juiorrow. d i e-aa-in i:nati:. Svkk:)a, Iliiaiiib'r l. ri:nii')s were pre-eiited by Mr. lend, i;d;.anii, of J no. 11. Siued, and 1'.. Kilev, ami Mi. Uobb, of la:d Kun;; which wer.' ; ret. rred to eoimnitt t I Mr. teei.-. lroin the Judiciary co.-nnattt e, , repoi teil, that the laws provide HUitotlit proi i-ioiis-on the tubiect of the petition ol VV il- , nam Mardiall and other--, on the subject autlien-iii individual- to leeiiu' bodu s cor poraw i..r t'.e purpose oi exporting u,e surplus I produce ol tl.e Mate, and ol linportii:,' lii t--: -ary urtu !- and c rectim; u-etul ir.achir.ery ; ! an-l a-iteil to be debarred lrom further coii-ad-ration of tht .subject; h granted, j Mr. n.vi..s; froai the J ih'.h iary committee, . to hum v. a- reft rred a resolution of the St nj atv- m-ti uetisu' tht in to impure into the expe diency ol .ici.iun v regulating tlie power now ee;( istd by Judire.- and other o;!ic r-, to punidi lor uIpos( 'i,"1 contempt of their "ou.idinti, and a'ei,, by summary proceedings ; ai o t onupiiri- into iheexpeduiuy el re"trainnur fiiui rci;ulat!ii the di-cret loiiary forin- now exerci-ed ty instruction to June , and mother case:-, Ki port : That they hare had the re lutiou umb r their eoiisidi ration and ha o made due liepiiry ,an l from the coii-id ration and i injuiry, by ttaan made, they are of opinion that tlie lorins to puni-h contempt-and instruct June--, with uhi.hcourts of Justice are now clothed are necessary and es-ential forms and if these owers were not vested in those court-, the stream-, of justice could not be kept pure and unadulterated. '1'he committee is well aware, that these, and all other forms may be abused ; but those w ho commit the abu-e are indh iduall answerable for their conduct. The above remarks are only applicable to the forms exercised by courts of justice, in mstructini; Juries ciupanncled before them, and iu punishinir actual contempts of the court or the procev- thereof. A to tin- jiowit n xercisetl by Jmle-: and other officer- of punishrn:: lsii'pvttl contuni'ts" of tlair "own dignity end auf'toritj,," a- ret forth iu th-- re-idutio'i of the Senate above mentioned, the committee ean only ay that they have no knowledge of any such p(wt r beiiii; exerciM-d, but ifany Juile, or otlier oiliei-r exerci-es any aichpov. er it is an illegal u-urpation, for w hivh the usiirpi r iliable to the arty airrieved. The committee believe that leu'i.-l ation on the subject i unnecessary , and therefore ash. h ave tii bedi .diared from the further consideration of the matter-) contained m the resolution referred to them. The eommittee wa- then dichar-el lrom fnrtlu r coieideration of the Mibiect. .Mr. Stephdis rt -ported a hill relative to the official bondsof certain oiiicers tla rein named. On motion of Mr. IJi.aii:, Ke-s-tdvid, That the committe on canaln and i'.ittrual improvements he instructed to entjuireinto theexpetliency of provithn for com-meucin-; the improveiutnt of the navigation of the Wabash river at the fall- thereof; by the application of such funds as hae been heretofore set apart for that purpose together with such other means, a ma be mo-t con ducive to the commonwealth, and final completion of the work. On motion ol Mr. IJohb, Icolyed, That the judiciary committee he imtnu ted t enquire into the expediency of repealing so much of the lMliM-ction of the act, entitled kan act subjt dim; r al and personal estate to execution,"'" as requires mortjfiifred promis(-s, w henexptisetl to sale, to brim; the full amount of the debt on ilamai,'es, which said premises was inortaed to set ure ; and as requires the expiration of twelve months after the uinrtirutre money ou-ht to be aid, on other conditions, performed, before the mortgagee, on mortgagt es can file their Hill. On motion of .Mr. Linton, Resolved, That the committee on education be instructed to report a bill, embracing provisions, which shall provide for the pavnunt by the respective t?chool commissioners of this state, into the state Treasury, all monieithat may hereafter arise from the sale of school lands antl for the loaning of the same by the ftate, when proper securities, with a guarautte ! to the several congressional tow iiships,of inter- j est at the rate of si per cent, upon such sum : as may have been derived from them le-pect- j VOnWd, that it Ik on tie table. I Ou motion of Mr. (vexs, ! liesolved, That the committee on education ' be instructed to enquire into the expediency of compelling' all the, acts regulating and defi . ; ning the duties of the Trustees of county semll r d a,su.to !'- if any, meats are necessary in said acts, and it any, to report by bill or otherwise. -Mr. Ewiujr introduced a memorial to the' Conre; of the lTr.ited States on the subu-ct

of removing T.,?tnlction? to t' r , v Wabash and White river?, and lm 'r sreat western mail road, from Lo' ' v -Vinrennc?; and Mr. Kobb iiitrof'.uce" tr rr-olution authorizing the Governor t py thellou-e erected on the Govtrr 0r;cle; which were read and pacd S ':rreadinj. Mr. Linton introduced a nnie; to the several acts for assessing ar.ir- '- the revenue, -which was read. " " 'ict,rj Considerable dicu5?ion now t.w- .1

i rommittee ot the wnnlf. .n tk i :n - vt :. hv thecomndttee onroads cntlao'U! i the revenue, which authorised th tr... -'rt c: tatetobid oil the property of ilehnq,-"'" j - "'v n T VM 1 Unfit t ! lectors and sell the same. Sevf nl' merits were made, which were ... r " to hv Mr. ,;r(irv then o!!ered ana-' n '.l' mat w ni nr ver ue r a l estate ptirc . i-.i t treasurer shall be sold, if for a greattr " ' ttian the iebt, intere-t and cosf,hc v)'''fund the oi erplu-; to which Mr. lpvV"1'' ed an air.endnn nt that all other exnl-r, ":r tt-ndin- the tran-ar tion should a'.;' id t't, liitt r st and co-t-, which wa-, by Mr. (ir. u'ory, and on tht (,ia -thvi, tioP. it was dec ..'CKied m tla e liecativt---.,;;' l.oe- 10. The Senate then refused to enrrc bv 1 voti i-of nto " Tl , i : 1 1 : a., n. ui- inn i urn ei uin i:a" t arc.rr- arJ t chaiiic-'1 Honk oi waiii-on wa-, r, . . 1 - 1' . rial - t; tlliie and 1' aye.s If?, not : IIOl'Sr.OF RLI'IU'SKNTATlVEs . S rt r.n.vv, Dec n:! fr o PirmioNs i'i:ir.Nn:i. Ilv Mr. "..v ait, of A Campbell, pia-aVard , frf-.,-i,tlJ :mssaom-rs, for relit f; bv Mr. J. w uTf cttiens of Ru.s.h county, for a rsv j, l'roin .Milles, mill to llushv il!e;lv M' ;e:n, id Llisha 1 enny, b -r t-uj-fTin'i nd-rt ( Ivovce and Rrx-k Lick tch ratir, .sj, (,. tla n ur.e; by Mr. Wallace, of Jfturv r LUiiea r llillis and othi is, u t lr j a'.. to prevent the migration ot trev j, ,,.;(, color; all of v.liieli were reft rr d -(,,. f mittec.s, ecc-pt the e:.e pn-reimd bv Vr' 1 1 tow n, which, on motion c-f Mr. 0:u'--c was 1 iid on the table. ' The joint resolution, fi.und ..T,r. ; 1....1 l., . - ..c.i . i . liiiuui.MH u ihimiu-js t 1 1 it l I,, -j.. tY . . .1 . . . . . . 1 i- 1 tj "iicci uie removal oi ino pen-am o;r.;; from Corydt n to IndiauajHihs, t, j t. I the faird and second times-, the ruk - hvi:1't'tn disjiensi-d with. "VT- i) ,:..... i . . . .'ii. i eiuiiii on i..ot u io pr-: rt tarther consideration there of indefiriv!; I Mr. Boon remaviied, tiiat he Ir.ui i'vv.-. been in favor of mowing all tlie s'ltecv. licts to the seat oi oo eminent: lu' v;:s in-trr.cted bv the IV n, lt-r.ers r! CoiilltV wl.ii Ii he 1 ...1 ',., soi;t, V) li t this villi' c rcKiin k- r of J IStiiat he felt it his duty to do - j would therefore vote for th )SllK-u. in.leiuMtelv i i -ir. i im(.io . men lHTroo-JCca a :f tition ua the bubject and remarU-ii, t .r x t 1 1 .y . . he lat year brought a petition of li.rsxa chtrr.rter that the n:ot smtuiie c. tor the lYn:-!on Ottice wai vheic :t stands The Ohio river aifoided the Tc. ': siiwris an opHrtunity of netting t . ollice-, which, if removed to tins !:;cc theyf ( ould ntit Kssiby have; and tht tl.e ::.-? e-nt Acnt was able to rccocnizf- rxit'.-'l' tl'.im- e ntitle d to tensions. 11- r. $ all the Tension Oiaces of dil't-rc ui si: were in other places than tla- scats ii ' K ernment m Kentucky, it w as at Lev::: ton, while the eat of government v..v :: Trankfort ; and I list he must vote fur an in definite postponement. Mr. La5 relinked, that lc ':-1:;:" nothing inoie should be said on tk jtrt he also arree-d that the oiT.ce -b':ii remain at Condon that the ctV.iv t- - been there for many years, and th.tt f .pu perintendent who is now conneotid it, and who Ins become acquaint d "' the duti s of his station, would y.dv.l) not remove to this place, if the offiO .v.r:': be-removi.il and located here, and 'hit i' would 1k some time before anv pr'sot. would be ualihed to till tlie otTn'e t; vm'.I os the prevent one. He would thcr- v:Mippnt the motion to postpone niuti'-jv ly. Ti:e i. ifd ion t postpine, w..s dt o:ic: the atiinnative, Aye'JO, Nets The joint resolution, found cn.o;:j tk unt'mislied bu.s.ine .s5, on the subject ek: ; , uatin the price of public lands, and ccr tin;,' tlie refuse to actual settlers, vv-s a -tlie hist and .st:ond times, when M". T ileu moveil to lav die midc on tl.e tJx, which motion was divided in the retne, ayes not--; . '.t;. Mr. l!a-ttt thn n ved to refer the same to a select coirr :''tf .' which was dtvidtxl in the affnmntne. -- -Messrs. I'.assett, lIaIl,Uih y, lltwr, Ri den. Make and Ooihn,were aj-peiiit'dt--eommittee. u motion of Mr. lon, 7ie.)r t, That the committee- c Canals and Internal improvements lerf';f--J ted to enquire into the expediency ot r0" !portiii!j a bill to this Ilouu provi.-h? 'r the inirrovement id'tho rapids of the ,huh river below Vincennes. On motion of Mr. I.eviston. .Y.rr. J, That the Judiciary ecn;nnfC' be directed to enquire into the expediency (d'l-itlier vepealiiif; iheXJ.'ith section of m act entitled ''An act authorizing elomes'iattachuxiitsyW: tonulatetheprocivdin thereon, or so amending the act reimhh"'-'' the practice at law, as to provide that absent defendants may lm yt-rvtd with tl-C or diuaiy prwess of law. On motion o 'lr Nol le. u.vorti, That the t-ornmituc on the judiciary be iuatvuc'td to enquire into the expetkmcy ot so r.mcndin the rii:;cu"l'!1 section of the -t tntitler-An ait n-d.it-IIW tl..i Mlfl . 1 I A T... TI i -5 r , pJ 'iCUou ami Uulu s or "'-V l'u. -ic 'appn.ved January oOtJi,ls-1 that '.io ease shall a scira facias is.s'ae aj"..,"inpt the replev in bail until afhr the n prosiTU'.td to in-t,0-Lnc'- . . V" Illot,ari,.V xT- w helb . Krsofcct!, I hat the committee on ro.ui Le instructed to enquire into thccxpcdien Cy of appropriating five hundred dollars tv. that part of the Bnwkvillc btate road, tiia ,- 1 , rI , . . . , c rnj west of Ki iville to the town ot Jn amqolis, which money shall tf paid O'.lt r. tlie tliret per cent. Amd.

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