Western Sun, Volume 1, Number 22, Vincennes, Knox County, 23 February 1808 — Page 1
THE
WESTERN SUN
EACH CENTURY HAS ITS PECULIAR MODE OF DOING BUSINESS, AND MEN GUIDED MORE BY CUSTOM THAN BY REASON, FOLLOW WITHOUT ENQUIRY, THE MANNERS WHICH ARE PREVALENT IN THEIR OWN TIME.—HUME.
VOL. I. WEDNESDAY, FEBRUARY 23, 1808. NO. 22.
POETICAL ASYLUM, The Complaint of Sotades, the Athenian. IS there a man, just, honest, nobly born ? Malice shall hunt him down. Does wealth attend him ? Trouble is hard behind Conscience direct ? Beggary is at his heels—Is he an artist ? Farewel repose !— An equal upright judge ? Report shall blast his virtues—Is he strong ? Sickness shall sap his strength. Account that day,
Which brings no new mischance, a day of
rest. For what is man ? What matter is he made of ? How born ? what is, and what shall be ? What an unnatural parent is this world, To foster none but villains, and destroy All who are benefactors of mankind ! What was the fate of Socrates ? A prison, A dose of poison ; tried, condemn'd, and kill'd. How died Diogenes ? As a dog dies, With a raw morsel in his hungray throat, Alas for Æsylus ! Musing he walk'd, A soaring eagle dropt a tortois down, And cruish'd that brain where tragedy had birth ! A paltry grape stone choak'd the Athenian Bee ! Mastiffs of Thrace devour'd Eripides ; And Godlike Homer, woe the while ! was starv'd. Thus, life, blind life, teems with perpetual woes.
ANECDOTES. The Kilkenny Journal states, that a man by the name of Keney on his return to that city, "fell off his horse, and broke his neck, but happily received no other damages.
Some Doll-makers are considerably a-
larmed at the numerous elopements which have recently taken place from the nursery and boarding school. They pre apprehensive of being totally out of employ, since the little misses seems determined to manufacture their own babies !
G. Scott. And herein fail not at your peril, and also make known to me the manner in which you have executed this warrant. —Given under my hand and seal at the district of Cape Girardeau, aforesaid, and as one of the Justices of the peace, in and for the same, this 10th day of July, 1807. (Signed) L. LORIMIER, [ L S ] I Joseph M'Ferron, a citizen of the U-
nited States of America, resident in the dis-
ven th day f May, i$07, been appointedlly pronounced, while in the office aforefaid
to the offices of prothonotary of the district
aforesaid, and clerk to the court of general
quarter sessions of the peace, also for said
district, and has succeeded Joseph McFerron, removed ; that he has by virtue of his commission aforesaid, on the tenth day of July, one thousand eight hundred and seven, in the presence of two witnesses, made known to the said Joseph McFerron,
the premises aforesaid, and demanded of
him all records, books and papers and ap-
trict of Cpe Girardeau, in th Territory oflpurtenances in any wife belonging to faid Louifiana, folemnly proteft againft the fore-loffices, and the faid Jofeph M'Ferron has
McERRON'S VINDICATION. TERRITORY OF LOUISIANA, District of Cape Girardeau, fct, The United States of America, to Coronor of the district aforesaid. Greeting : YOU are hereby commanded to seize and secure all the books, papers & records, belonging to the office of Prothonotary and Clerk, to the court of General Quarter sessions of the peace, in and for the district, and the said books, papers and records, belonging, or appertaining in an wise to the aforesaid office of Prothonotary for the court of Common Pleas, in and for the district of Cape Girardeau, aforesaid and also the said books, papers and records. belonging to the office of Clerk to the court of General Quarter sessions of the peace, aforesaid, when seized by you as above you are commanded, you forthwith deliver the same in the hands and possession of Thomas
going warrant, for theft reafons following :
1st. That this warrant (a form of which was conveyed to this place, accompanied with a certified copy of an extraordinary law of this Territory, entitled " An act providing a summary mode to recover public records and papers, illegally withheld,") is manifestly contrary to the constitution, which provides, that "no warrant shall issue but upon probable cause, supported by oath or affirmation and particularly describing the place to be searched, and the persons or things to be seized. 2nd. That this warrant is by no means
agreeable to common law, common usage
common right, or common sense - and is completely irregular, because it does not contain the special cause and matter, whereupon it is granted. 3rd. It is manifestly illegal and contrary to the spirit and letter of that same law, in pursuance of which it is said to have been granted; Inasmuch as it directs the delivery to be made to a certain individual, instead of to the person who shall produce the latest commission from the governor of the territory. Furthermore it is issued by a justice of the peace, in direct opposition to law, which makes it only " lawful for any judge of the General court, or justice of the court of common pleas. For these reasons in defense of the constitution of my country, in defence of common right, and common sense, and in defence of the laws, I consider it to be my sacred duty to enter this my solemn protest against this warrant. -- Nevertheless, being well disposed to render due obedience to the
laws, and being sincerely desirous of contri-
buting as far as in my power to the peace
and prosperity of the good people of this district, and possessing the utmost fidelity to the constitution and citizens of the United States of America, although I am far from believing that the papers will be as safe
where they are likely to be taken to, as
they have been hitherto in my possession-
yet if any evil must befal my fellow citizens, wishing that I should not be in any wise concerned, and lest any, the least occasion, should be given to a few base individuals to disturb the peace of the good and faithful citizens of this district, I deliver such papers as are in my hands to William Dougherty. (Signed) JOSEPH McFERRON. Cape Girardeau, 12th July, 1807.
failed and neglected to deliver the same, or any part or parcel thereof to him, and that be the said Joseph McFerron does still fail and neglect to deliver the same to him the said Thomas C. Scott. (Signed) THOMAS C. SCOTT.
wom to before me the fubferiber one of
the Juftices of the Peace, in and for the
diftrict aforefaid, this tenth day of Jtny,
1807.' (Signed) L. LORIMIER.
ResipSa potissimum tefellitt mendaces Ho-
mines Fab. hlopi. clxxvni.
Territory of Louisiana,
r.5
set-
Nc :jcrzlc. Mat.
C. 5. v. 53.
Territory of Louisiana, District vf Cape Girardeau. S Thomt (. Scott, f the dUlrict aforeuid, being duly fworn, upn his oath, fays that he has Hy ciimmiffion from the honble. Frederick Batrs, hi or. fecretary of th' Territory aforefawl, and eyercifing the governmcnt of the fame, briing d itc tlfe-
Di strict of Cape Girardeau
We the fubferihers on eur corporal oath
certify that we were perfenally prefent in
the office of Jofeph M'Ferrsn, in the town
of Cape Girardeau, in the forenoon of the
loth aav of July, 1807, at the time when Thomas C. Scott, William Neely, and Robert Worthington came into the faid otSce together, Thomas C. Scott, immediately handed a piece of paper folded np to the faid Tofepli M'Ferron, rt.d took his ftation
on M4Fcrron's bed ; MFerron unfolded
the ftieet of paper, and fcemed to look on
it with great attention, alter reading it for
fome time, he obferved, is there nwt
word miifing,' Si ott r.ame from the bed, and looked at the paper, which M'Ferron
held in his hands, and faid 4 there is, .Scott
took his feat again on the bed, nnd M'Fer-
rn folded up the piper, and afked Scott if he wanted it, Scott anfwerrd thnt he did not, that he had the original, upon which M'Ferron laid it down, or put it into his pocket whereupon Scott faid 4 befo e all thefe gentlemen I demand all the records, books, papers and appurtenances b-Ionin to, or all things appertaining to the ofiTce,'
McFerron answered 'you know what to do I suppose,' Scott said 'now I wait on you for them,' McFerron replied 'you need not wait long for that.' Whereupon Thomas C. Scott, without any further conversation,
if they would walk, immediately departed jfon' 3 P!ca out of t!ie faid office, ar.d ont of the prc. tue f which
fence of the said McFerron; on the departure of Scott, McFerron handed the aforesaid sheet of paper to James Evans, (who was requested by squire Gaty to read it out) who, on his oath swears that it contained a certified copy of "An act providing a summary mode to recover public records & papers illegally withheld," and nothing else whatever; and we the subscribers on our corporal oath aforesaid, do certify and delare, that to the best of our knowledge and belief, the words that are stated above, as having been spoken severally by the said
Scott and McFerron, are the whole, all and
every, and the only word by them several--
together, and that the said sheet of paper was and is the only paper delivered or shewn to McFerron, by the said Scott, in our presence, and that the said Scott made no communication, nor any other communication by word, writing or printing or otherwise, to the said McFerron, at the time aforesaid to wit, in the forenoon of the 10th day of July, 1807, than the words before stated, and detailed, and the sheet of paper before mentioned. (Signed) James Evans, John Gnething, Jos. White, Peter Craig This day the above named James Evans came before me the subscriber, a justice of the court of common Pleas, in and for the district of Cape Girardeau, and made oath on the holy Evangelist of Almighty God, that the above certificate is just and true, and that he made a minute of the same on the 10th day of July inst. and wrote and subscribed the same three or four days afterwards. Sworn to before me the subscriber the 3lft of July, J8o7. (Signed) L. LORIMIER.This day the above named Jos. White," came before me the subscriber a justice of the peace in and for the district of Cape Girardeau, and made oath on the Holy Evangelist of Almighty God, that the foregoing certificate is just and true, and that he subscribed his name to the same as above a few days after the tenth day of July last. Sworn to before me the subscriber at Cape Girardeau, in the district aforesaid this 17th day of August, 1807. (Signed) CHRIST R.. HAYS.
District of Cape Girrardeau ss. This day before me the fubferiber a, juftice of the peace in and for the townfhip of C?pe Girrardeau in the diftritt 'aforefaid, the above named Peter Craig came, and m?de oath on the Holy Evangelift of Almighty God,ihat the foregoing certificate is juft and true. Given under my hand at Cape Girrardeau this 53d day ot Octoberj 1807. Signed, ENOCH EVANS.
w
INDIANA TERRITORY.
HERE AS a writ of foreign at-
tachment hath issued out of the
General court of the said Territory, directed to the sheriff of Knox county, against the lands and tenements, good and chattels and effect?, rights and credits of Abra-
ham D'France, at the suit of John Thomp-
of trespass on the case, by vir-
w writ the said sheriff has at-
tached sundry property and money of the
said D'France.
Now notice is hereby given, that unless
the said D'France, shall appeal by himself,
or attorney, to give special bai to answer
the said suit, judgment will be entered a-
gainst him by default, and the estate so attached will be sold for the satisfaction of
all creditors who shall appear to be justly
entitled to a demand thereon, and shall ap-
ply for that purpose. HENRY HURST, c. g. c. Atny. for physs. 10th Feb. 1808