Western Sun, Volume 1, Number 46, Vincennes, Knox County, 8 October 1808 — Page 2

t

a j 'V

i

SIR,—

To General W. Johnston Esq.

You will admit that every

citizen has the right of enquiring into the conduct of those who fill the public Offices

of the Government—in a government of

representation and of laws, it is one of the most satutary means of preserving to Officers uprightness and integrity of conduct,

tnd to the individuals compoting tlie community, their, rights and privileges. In

this addrels, hr, 1 beg to be unaerltooa as

difcUiming all perlonal imputations. It i nntof rour talents as a Lawyer, your elo

quencc as a fpeaker, or your virtues as a man, that I ftnll fpeak No fir; it is into vnur conduct as a member of the iOufc

cf Representatives I (hall enquire 1 fhall ftate the cafe ; but draw no inferences

from it to your prejudice ; except a want of Judgment let your conftituents who know you make their own deductions "To err is human but if it mail appear

that in a plain cale, the law anting on it explicit ; in which neither Sophiftry ror incenuitv can alter the obvious import of

terms, you have given a palpably erroneous vote, it will be a confideration with youi

fellow-citizens whether they will everelett

you again to any public Qtiice ot truit In the late Election for the County ot

"D ,1 1 "VT. Pi- Tnnpc ?a rftiirnni

as the member elecl- Urged by my con

flituents. and knowing that the eledlior

was not lerrally and hor.esly conducted 1

determined to bring it before the Houfe of

R?prefentatives ; and one of the caufes alligned was that the juftice of the peace, a&ing as judge of the election in the townfliip of Spring-field, was not previous

to entering on his duty lworn as the law direfts..-The Law is pofitive, " that the

faid deputy SherifFaud Juflice of the peace,

or freeholder as the cr.le may be, lhaii before thev commence the election take an

oath before fome. Judge or Juftice of the pe?ce, faithfully and impartially to perform th-ii duties." It was proved and conceded

by you, in your argument in the Houfe of Keprtfentatives, that Paul Herldfon, who

acted as Judge ot the election in the tnwn fhin of Sorinsfield ; had not taken the

vv--" i & - neceffarv oath of Office ; and yet you

e ncluded that this omiflion did not vitiate

the election. Recollea, fir, that you were a m-mber of the Lecfilhture when this law

palled; and that by this law you solemnly

call on the Judges ot an election to taut

'an oath, winch, by your vote you a salemnh declare they need hot do, to legal

ize the election. appears however, that after the8 election the juflice made oath that he had 'acted as coufcientiofly as tho'

he Ind been f.vom agreeably to law ; and this,itfeerns, you con'.idered as fufHcient ; nnd cohfeoucntly valid againft the rejec

tion of the returns from Spring-field town-

fhip r will net ivell this addrels by enu memtrnr-the other points on hich th

election of Mr. Jones was conteftedh

U by this point alone I will test the correct iVf? of v-ur vote on th-it occafion. ---Tin

VsfV U lsmnle. as 'tis concife, and within

"the reach of the mo ft ordinary conception.

' The hw is nolitive. that before the, JuHict

aAs ?s Tudre cf the ruction, he ftiall take

"an oath &c. neither Sophiftry, rquivation.

tior'conftruaion can evade it ; neither can

the oath of luftice Hetldfon (tho a mm of

Tlri!l integrity) uken after the election.

fupply the omimoir I he law puts evr)

yfhiQ'ii conicicnce to the tell ; and it Would be a ervertibn of law, of higuage and of common ffnfe to fuppofe, that aftei

the lawrrquitts certain qualification in an

mm k Ofllcr hdldiug, as it were, the rights oH thr nfoole in Wis !ian J, he (hou!d, notwth-

Hitidin. procer" to exrrute the duties ol

hii OiTi.e in the t ce ot that law which

imv him eyidence. Sir yon are a lawyer,

au i have tl.e rfputa;iou m urmg a man of ftne reaJing : but I challrn.re you to produce a finale cafe, in a contefl-d eU iion. or as to conftruCtion of Statues, fom ar.j Hook of law, that will fnppt you in yout Vote mi this occafion. N- Sir. the law ot i,-! url and 'the cor.imon fcnle cf thr

vlo'rU are againft you, and your name llanJi recorded on the Journals of thr

honf-. As von are an attornry I will lt.it

a few caf-, which muft he familiar to y-u, and v.hch will throw fome light on this tutftton. Sup'iutV vnu vrre appointed tn

a It t on the bench ct the (jMier.il C urt.

were to receive, your cM'pithon tu h and ) i")ld a (lotut wuhout pr'vioui') tikti!7 V ' h ft ()f!i e Uc whirii th;

f:'v t'fiir'i. 1)) V'ti CMiifrie nti'wfU

Lhcvc, 3 a tnan, much Icf as a lawyer,

that you would be authorized fo to do?

would it not be as to the luts brougiu and tried before, you coram non judice I 0 rather would it be any court at all ? and would your taking an oath after adjourn

ment that vou had acted as tho you

were fworn, legalize your proceedings . Again Suppofe owe of a Jmy, by inadirrnni nf u PIcrL'. fliould not be fworn;

and it were not difcovered till after verdift triven : would vou not move for a new trial

O . i ... T

and would not the Court tho' the jur-

man Ihould denofe that he had acted to tne

i . .

beft of his uuderllanding, c tho' the verdift were in fact Given according to

evidence and the verv licht of the caie)

- - 4 grant a new trial Sir, you fill an import

ant and nfpectable appointment iron: ue people it is one upon which their lives

libeJties, and property depend you neeu wot therefore be furpi ifed if your conduct a Renrefentative be clofcly feminized

It is a right the people enjoy and it is

a claim which thev never will rtlinquun in

a free Government It is at the lar oi

public opinion that you have to account

tor your conduct; ana m cms i.uc uu ... i

cannot, as lome ot the gentlemen wuo

voted with you, plead ignorance or tne laws of your country. Sir your vote in the contelled election, juft Hated, exhibits a monftcr in law and politicks, which, if countenanced by the people will fap the

verv foundation ot lociety 1 he non

obstante, of the Britifh Monarchs was not

.,m.;o.V ... wa . m.oi J.i, '" " "5

nf drw vr.ur atttentmn urloie i titic y uit urw ) ui "wti u-. r: ...r-c nMinfrrr. thwart their

' !

J ... i tint oarKM-n.e h

to have ailerteu in your .mu..,,. w

mv remedy in cafe cf a contrftrd elec- nnu cuuc M( -"

tJnn was not bv appeal to tne nomc un . . n . . tlOn W4S nou yjy i wutl. T)J.,tnc n; - iv'd t tHiefts. Willi

that I mud proferute the Mienlt lor no; n m.s .x. xx 3 1

R. JONES.

Kr.n iVrioiis? or tfut vou wim a niHinu i t

of retreat ? I hope not yr u muft rr-

rretnber that it is not the duty or me

Shriir to lee the uiluce quai.u'; iut t Z te ul notified him .1?,.- he is c!k - Of rP?r rr.t.ng Hjary. dutv of the Juflice to crqnirr into the.ote- a I -r (lory of tl.e th-.r i nd c .e Jut) ot tne j h,viR,.t w?s it'tleiicry -l tlie candle, mil'ILtu ly 2?DV Helir ..hi,... uncled .dventttre f bc M.r.U:. SoftS'-by this the Member returned IhMl c lo.fi be gnrn to the rBblu; m WMve -onb. d the 4,ple vith , r.,v,d, d .V.Mufc is provcVed to fi.ig. need not nave ,i vj..f- a t - i.nnnrdonahle neoli-

the manner ot c omening - i f

shout tne 1 1 1 j ' . i wi.v. , r - rleaion. -No, Sir. as wdl might 1 genre of tl. !:ak..flc.a conmr.fljoners noft elections iNO r M ti rr,tl,. -lWrU n their rfnee are m

n;tM a fnit n?ainlt vmi irr cue vn-.c-v. ... . ... ft C , l the' houfe of R,pre-clanger of being loft, many ol.them it ,s

niH.u uu 6 - fr.arcd e already Pft recovery.

entativrs on tins uuv.. - - -

R. ROBINSON.

Oaober 8th, 1808. A .

FOR THE WESTERN SUN. Mr. Stout.

The lafli of keen but

judicious fatirc has long hf cn con-

- . . r - 4 4

T-,;f..r in it are the ieeds ol

LUIS M. V I I 1LOI V -

deftruaion to the firft principles of a free

government a diirrlpecl tor the laws .?

If the law on elections is a had one, repeal

it : hiit do not become tne inn vioiaim m

that law bv which vou have bound yourfelt

and your fellow citizens f bpcafc out ur, let us underftand you : Say at once, that 1.1

tlie teo-iftature only intended to blind tne

ignorant with au idea that Officers muft

,ict under 'the folemnity of an oath. -

The Elcaion law expref.ly.ftates, that the

afliftant luftice, lhall oetore the flection

is commenced take an oath Sec. and yet vou fay that it is uuneceffary ; or at

leaft that an oath taken fometime alter

is fufHcient this, fir. is not a cafe ot

expediency, or of conftruaion arifmg

from the ambiguous meaning of the law

r- . .. .

.mn rannnt fllpltfT VOUTlelt linder tlllS

cover It is true, when Statues are an:-

biiruous, a difference ot opinion in their

conftruaion .often exifts among the

reateft and beft ct. Judges; but here,

iir. nothing is lelt to coultruaion tis

oofitive: and the iniuuaion of the law

cannot be evadeed, but by a power iu-

. 1 .....

penor to it a power which you iuvc

exetcifed contrary to your own rules

prefcribed by the btatute oir, you artplaced iu a fituaticn, that ycur example

nay produce lome tUstl is tlie Legiiia-

tor fport with the laws; may not tne Judge, the Sheriff and every Officer and individual in the community ? your ex-

mple will trach men to take tne laws into their'own hands in fa there will

i.. nn law. 1 he looner vou auiourrittie

hptter we want no more of your laws

if they are trampled upon yes, fir, ad-

journ and lave the people tlie expenle of your wage? Sir, we will, take you in your own way (for argument fike) If n i u: ...... l T

you pernit in noiumg j.ui .i a avc

prcfentative, we will pay you no w-ei r . . 1 1 r

the law lays tne auuitor iLaii lctth

your accounts and tne l reaiurer pay vour due on the Auditor's draff ut confid'rin" the emptWefs of the Treafury

they will dffcrve the execration ct every ooor man if they do it " hereafter you may lave yourfelf the trouble of leitrrat-

ing- your tax-law the p-opie wiu not pay ; and they will c;unte you, a Lawyer

nd a member ot the L.epiiMtnre, as a:i

rxamnls of the little refprtf that is du-t

Ml

he Lws of thf country U who wut rontia-

Jia the atTertion vou will hav tlie can-

?or to arLunwiedre, lir, that in tfsisviev

'ftbe fuhiect, I h.ive not induh'ed intxai;-

rriti.K r wje mv i irtrrMiinat ion

tli- r.uhlic fliould know the event ci

rnnr(K wliif U I rmilidered as decided

- -

fote I appeared on the floor o

vour honf- Trir. Hips MriTrn;et

......... - . I M

voted with vm ; hut f?r tl:e urelent 1

vviil 1-tve them to thrir en nitufft.

4i-.d theit owu n fictions vou nnd th.r)

will, however, jd'ifc to hear in mind,

'ha vou have a lutonl to vourliWes.

the exercife (f a riht vs hi( h w h chiiniro

hv T;uns tlie frcond : atid for whiclt.

.u'noii oilier afts not lcii ioitut an

.... i'

more completely lubvxrl.ve ot the laws oiw- . ,v ek.fcluill meuns

Pnr.UnA th'.n VnilT Vntf I Ot tlie VWS Ol 1 1 " . . X '

Ul wuimii'"'? , . - - . t

i- rr K U or nf remrmirm tt wnut

is fufccptible "of reformation but let it not he fuppoled that it was

rmr JntPntinil tO Wl'lte 3 ITtOCK

hi t iivv....- - .m r t A I I thp f?tiiitv lubicct ol tne

following Eilay toreprefs the infnllies of impertinence

ori tr mvnkpn. if Doiuble the oluin

1 1 1 A. 1

ofihametn a cheek wnercu-nub ferl tn trlow. was my lead

lUUfj vwi- -" U ' . . " , injf objefil ; .but if theie lines, the

h-iUxr nrnrinrt ni a iUVlliUK

ment, merely afiia to laugh away

a lidlefs hour, 1 lhall be penecuj

flitisfiecl. 'Shut, Shut the door, Good John

Tie up the knocker, fay I'm fick, I'm

dead" Keep out the rabble odious to the fight, Humpy and Snipe the meddling faucy Wio-hr.

And all the train that revel round the

Knight, The blanket knight I and thofe who take thr-ir fame.

From candles, a chairs and things of

nsufeou3 name Let all, condeiv.n'd to Tr.rt?rus profound.

Wander where" Ghofts ot b JJccds u

R.tt rhiif?v fnine. the far fam'd Doaor

Snine. v

Skill'd in the handling of a cl ft-r-pipe ;

n vrndino- Koflrums and qurick pills expert

ith criiftols

rirt :

Who boafts of honor, and for truth would

die, And loves it befl of all things but a lie,

Who vainly proud of prowefs not his own

Became a t iiuire and talkM in Iqueaung

tone.

Of battl-s. Durds. iires and all that,

. .

Kettles and kettle-drums and iuch liwc

chat

Note... c Snine once obfrrved to a lady

(parting his coat hi hind in order to ciifphy a conce-ltd pift(d) ,l Mad?m no man (hull call try t ouif in qiieftion ; I can fee behind and before" He fliould rather have faid " Madam I am prepared to be a fie ret cow i ad !y afTafliny. Note- d fee the piece written by Bar hut and publifhed above the ii-nature of Dur,lcf.n a few months an accurate? likenefs of this identical cow-hide will he exhibited for public infneflion, elegantly tinned with the crirun fiuid of Snipc't nofleriors.

i . f it

Note e Menard I am n.lorrred ns re.

ported amomr the french inhabitants that

by the pr.lceyed pfielts ot I'luto;' was meant the clergy of the Catholic rhurrh,

but truit me liontlt i'etcr iprrr nine difference between the priefts of Heaven

and the priefts of the pagan King of Hell-? alias-the Devil .

rill half impatient, quite iiidiimant own,

I vvihYd him nluiui'd in NiKerorthf Uhonr.

Yet this pert coxcomb, frontlefs, gaunt and In T.,

Tho' sfft by ntf,drrs for war prepare;

44 A of i'le for hiiit

..... l.t -I ... tl. ii , i. "

pft'ie loroi vTuiic nci.ii 1:.3 n. n

. . . . i t . .1 ! . II. I ......

II is k trv neiiurt is a nuic in- 1 p",

And as hi ftruts ith frpniMi a'ir ilorj . ... 1

lie wivMs his d Cow. lade and lis hum.-

his fo ;

Scar'd at his voice, the woWes and vviIJ-

cats flv.

And the youtii' Ravens fi ken croak U. die ;

Ouackery eults, and Ihuddenng pile

d i fe a fr. Ufurps the phins and makes the life-blood freeze Vile fcents decbre the urine Doaor near With hovs tumultuous thounnj in hi. rerr, 'rids this U Snipe fo void cf braini ai d met it,

Dull 3S a be tr and meagre as a Ipmt

Ferdinand Mendz Pinto was but a typo

"of thee, thou lyar of the firft magnitude.'

The Public are rcfpeafully informed

hat the Queries propofed in Diinlap,sjaft

infamous publication will benfwered to the entire fatisfaclion of every liberal mind

by my. valued friend Mr. Villmm

Morrifon, known and relpeaed thrciihcut the Territory for his probity and honor,

and wbofe word would be received .before

an eouitahle tribunal fooncr than the oath,

teirtimes repeated, ot the tnflinp: autror

of the Queries. Should it be fcund re-

ctftary hereuf:er to notice any ci tne oftenlible produaiopsof the fame wretched

n, tl.e anfwer (hall be addrelled to the,

real author and not to the fttrner.

Contraiv to wht 1 cMcted there is

re-fon to believe .that this affair will at laft rfton the difference of credit due to the

ifc dixit of the refpeaive fctoi.ds.-.and I

am content that itlluuld for Good God!

what a difference between the men ; Haft thou ever feen cousin 'Jonathan, the figure - .-m n &

of 4 Monkey by the tide ot a natue ct Alexander the Great ? if fo then by the rule of proportion thmi m:iytft form fome notion of their relative moral ar.d phyfical

excellrnce for as a monkey is to AlrX

ander the Great--fo is Jei-nmy the UoClor to William Morrifon.

H. JONES, Notice.-.-T am authorized to drcUrc that a voiing Phyfuian of integrity ar.d talrnti who will commence tlie praaice of medicine in Kafkalkii and its neighborhood; 1nll meet with liberal encourrgement and 'f fingle, will he ho4idtdfrj in a family of the full rtfpcaalility. R. JONES. ..

OnCfited vu'lrfi ptolliitr, and fruwjrd,

l;i i Bjlly, tut in deed, a coaiJ.j

PROCLAMTION Cf the Spanish Indies at Alicant The government lias as yet of. fended the fair lex and many there are amomr ns who cannot

contain them. An. we not nle-

ful for ativtliinr; in the prefent oc-

c:ui rences t Would tnrv rciuiw

uir enmlovinrr onrlelres in the la-

l)oi s fuited to otir fex ? 0 r ho-

unr is called in qisrlbon, aud wc require cnlhe Uinshclion. How-

can vou rep ur our v. ronr;. r.m-

!Ioy us unnudi tJ.iv in inoie uectnt o"cup if i'us which can elei ate, rive alViilancc, and l'upport

our btave Wiiiiiors.

si: r