Western Sun, Volume 2, Number 2, Vincennes, Knox County, 3 December 1808 — Page 2
the order of the day for tomorrow. Prefident of the United States to fill the The Houfe then proceed to the confidrr- feat of Samuei Gwathmey Efq. a incinbei ition of the Hefoutions from the Le. of this Houfe and have undertaken to exagiflttive Council on Saturday refpetting mine witnelTes at their bar to (hew that the nomination made by this Houfe for a' the fa id Samuel Gwathmey has forfeited perfon to fill the feU of Sunnel Gwathmey his right to a feat in the Council in confein the Council , whereupon Mr. Jobnfton quence of his having accepted another comintrodueed the following rc folutions. miflion under the Piefident of the United
Whereas Samuel Gwathmey Lfq. as a States an enquiry which according to all
member of the Legiflative Council of thislthe laws ufages iod tuftoms which prevail hearing and determining . 1 & -iV.fr-l I I t, - . . 1 f . . . li.iM,innl niri milttoii ,
Territory did as nas lausiacioruy appearco.,mrongnoui me unitea oldies property inu to thh Houfe in the month of Auguft laft exclufively belongs to this Houfe.
refign his feat as fuch member aud did as j Therefore refolved that the Honfe of
done in ine caie oi anaaracn aonu repreieniauves in matcm? a nomination 10
w ' l rj fenV a member of the Lejifl itive Council fill the feat of Samuel Gwathmey Efquire
frem the Counjy of at. Clair, tranfmit by under the circumftances above mentioned
the Innd of the Hor.. Walter Taylor toi have violated the riirht and ufurped the
the Governor of this Territory from whom.power of the Legiflitive Council
he had received the Commiflion as fucb! Refolved that the members of tjie Le.
Counfellor by directions of the Prefidentjgiflative Council being appointed and com- . of the United States his relignation and.Hiiffioned by the Prefident of the United "whereas this' Houfe on the ninth day of 'States their commiffion can only be vacated
its prefent feflion, bning the fourth day ofiby death refignation or removal, and as
this Houfe has not been informed that either of them has happened they Hill confiderthe faid Samuel Gwathmey as a member of this body and entitled to all the rights and privileges thereto belonging, Refolved that this Houfe is alone com-
Ipetent to decide on the eligibility and nejcaflary qualifications of its own members,
and that the pretended exercne of that right by another body is derogatory to the
honor and privilege of this Houfe, of
October Inftant entered into the following
refolution. Refolved that a committee be appointed on the put of this Houfe to wait on the Governor of this Territory, and requeft information whether Samuel Gwathmey fq. his refigned his feat as a membefof the Legiflative Council in .order that the Houfe imy proceed to the nomination of fit perfons to the Prefident of the United States to fill the faid vancancy, and that Mtflrs.
Johnftonand Meflinger be that committee, unparallelled example and pregnant with the committee named therein in virtue the mod dangerous confequences. thereof waited upon the Governor on the Refolved that a copy of thefe refolutlons day of the pflge thereof who returned be figned by the Prefident and- attefted by them for anfwer, that he would anfwer the Clerk and fent to the Prefident of the the requeft of the Houfe of Reprefenta- United States through the Governor tives in writing, and upon the following mould he think proper to tranfmit them, diy being the fifth iuttant, he by his Se- and that the .Prefident be refpectfully re
crrtary Gen. Gihfon made this Houfe thelquefted to appoint no. perfon in the room of
loiiowmg aniwer. tne lata oamuei uwatnmey until ne man To the Houfe of ?ePrefentativet of the be officially notified of his resignation. . Indiana Tcrtitory. Refolved that the Clerk be directed to Gentlemen tranfmit a copy of the above refutations to em .ri . n c the Houfe of Representatives and inform I he Lfi:iflative Council having . , , . r, . . . n t , 5 r i it j them that wlvtn there is a vacancy in this requeued me by a resolution palled this r .. r . ri r i n r j r .l uel . Houfe we mail inform them of the fame.
7 u n ru i k , J': H-HurftClk-C.8th Ocl6ber 1801. members B. Chambers and Samual Gwath- T, r e n r t . t . Fr . . . , . The Houfe of Reprefentatives take it mey hlq 1 expedl to be able in the r . ? r c c i . tr ru ' r " correct poution that ws there no cm le t a few days to rive tht? Houle ot . r . . . t , . . , Rr t . .r 7 . , , r ... otherway than that pointed out by the t prrlentatives lonie certain and definitive , n r i Kt. r r j J'r i c .u. Legittttive Caunul in theafoiefaid refolu-
. n rt K . . Ition for this Houfe to cram information ot
quiry mace ei me yeiteraay relative to . r r c . u r u t 3, ; n ac i i . r the featoi one of the members ot the Le. the I a It named Oentlrman which anfwer .n ., . . k, rr r i r s'lfltive Council becoming vacant the he Houle immediately proceeded to conn- . . . k , - ? . i i i r iouncil might never be full, nor nomin. der ot, and not conceiving the fame either . . t r i i ur r f ' r ir ?i . i . . tions by this Houfe ever tekr place becauf iatistactory or lutncient they entered into . . ..7 c . t . .i r ii r the information trom the Legitlative Counthe following refolut'ons, . . r . . , . , - . , , t r . . cil to this Houfe through political or other whereas y a of the Territory it is . , r .u,i,j r... n .ii i t. JtA. views might never be given.
. r i l u r .i in. I Refolved therefore by the Houfe of
. . a- j . bi r Reprefentatives of the Inoi?na I crntorv who hoMs a commiluon during plealure r , - . , n . j rwi i .u n r i . r ?t tt . j nem. con. that a copy of the abo e Uatcdirrclly under the Prefident of the United ... r i l j . i , i r i . ment and this refolution be. immediately ot4tes or this I erntory and whereas up- n , . . , , j r j - r n 1 . xt i made out, attefted by the Clerk and ligned on examination of Roaert A. New and , f 7 . r e i -, f l ' r , r by the Speaker of the Houle and torwardJonathan Jennns being h it fwurn it ap. .i.rn r . r .u tt i c. . J ,J r I- c i r I ed to the P efioent of the United States pirs to this Houle trut bamuel uwath . r . .. -4 r t. c o 'a r by the enluing mail, iney now rxereiles throttice of Regiit-r of r . & , eij t i-. i c r . i i r i V i 1 he lurther orders of the diy beinc? the land onY e fr tne ddtnet or Jafterlon. fl . . u' r ? ... , , , r , , J m . pollponed until to-morrow the Houle ad. vi'le whereby Ins leat hat became vacated. : r , ., . , o r i j-i i r . lourned until to-morrow morning 9 oi lock. K-loUed therelore thit this Houle in pui fu'nce of . th- ordinance do now proceed Tuc PlaV 1 1 til October. 1808. to nnminue two perfons to be returned to The Houfe met according to adjournth P fiirnt of the United States in or. .ient. . , d r th.it he nny appoint one of thrm to Mr. Johnfton laid before the Houfe th fiH the place of th faid Samuel Gwatlu following Reiolutions which being re-d m.ry in th Legilhtive Council and that was agreed to by . the Hauie and were as V Speaker be and he is hereby directed follows. to tranfmit the fme to t.e Prefident by Whereat by the ordinance the right of th- pnfuiug mil togr-ther with this redlu electing a Delegate to Congrefs is vcftr tion .whirh tnis H mfe conceived itfelf in the Council and Houfe of Rprefent uthorif-d to do from the Revifed Laws tivri of this Territory and where it i of the Territory pc 241 being a Law to more congenial to the prinriples of fret regulate elections, in the 13th ft-ctioo G lvernments and it is the wifh of our con. h-reof it s thus provided, no Oieriff, un- ftituents that the organs of the publick d-r uVffGl'ik of ny court mt prrfon will flioulJ be elected immediately by the holdi'ig a ttommiifios during plefure di. free citizens . Refolved thefefore that our rely undel the United States or this-Delegate to Conprefs be and he is hereby
Tenitoty rxr-pt Iullic-s of the pe iceauthorif-d to orocure at the enfuincr fefJ
nJ -nditia officers Hull be eligible to a fi n of Congrefs the paflage of a Ijw pro
fati eith-i branch of the LeNifl4ture i viding that the citizrns of this Territory and th fai l nnminrinn took place acjr.entitled t vote for Reprefentatives to the
cli'- ?lv. when Huirh M'C lly and Ch.'!esiGeneral AlTemblv fliall at th. time of
B wt iuly nominated s v i!l appear selecting their Reprrfrntatives li the dici bs th- nomm tion acrompanyitif; this re-iGr.icral Afltitibly alfo cleft one Dclegat-
folvr and whereas the lys;"lnt:ve Coun- from the fiid Territory to the Congrefs of
cil wahout heing orfi. ially inforai-d of the the United Elates who fliall pouch the i v- imm 'iition have from what c aufejfame powers heretofore granted to the Dc ! thu VI uilV will not exnrefs. hut the icrates from the feveral Territories of the
i -
United Stater Rrfolved, that our Delicate endeavoui to procure a repeal of that part of the or dinance whieh veils in the Governor rf this Territory, an bfolute negative, on all
aclt and alfo that part which confers
hira the power of prorcgucing and daTolv
ing the general affembly when in Wi opin-ldone for the maintaining of goiJ order;
on it Ihdl be expedient, and that he ulejtut tnat tne nine mouiu u : r.u . ...... - his endeavours to procure a law to be pr.f.of the county trcafury of St. Uair they fed veiling in the faid Govrnor powi is injhavc therefore reported for his thofe refp-fts, fimilar to thofe exert iftd f-y (following bill, a bill for the relief ot
the Pr fident according to the conllittion
of the United States and whereas it appeals to this Houfe that the powers veiled in the General court of the Territory, of
all cevil and
criminal caufes without appe?l to any o-
ther Tribunal is dangerous in iffelf, and my be pregnant with the greattft mifchiefs, to the lives, liberty, and. property of the citizens. Refolved therefore that our deligate be further inftmcled to ufr his endeavours to have a hw pafled at the next (iii on of the national Legiflattire allowing of appeals' from th faid General tourt, to the Federal Circuit" court of the difhidt of Kentucky in all cafes above a determinate value to be afcertained by hw, and that the decifion of the faid Federal Cii cuit Court fliall be final.
13 r
uly can and the piefident of the
U med St-ri miy roajedure entered in. to the following rrfolutmns. Whereas the Lec;,ative Cmneil have bern informed tht th- Houfe of Reprefenttie hve proceeded t the nomina.
tjou l two pcrfuns to be fjbmutcd to thej
Of
On motion, Refolved that three copies of the a. forefaid Refolutions be immrdiately made out atteflcd by the Clerk and figned by the Speaker, one of which (hall be forwarded by the Speaker to the Prefident of the United States, another to the Speaker of the Houfe of Reprefentatives of the United States, and the other delivered to our Delegate to Congrefs.
L Mr. Jones laid before the Houfe a refo-
lution whicn being read as follows Whereas it appears to this Houfe that great and incrcafing difcontents prevail a. mong the 'people in the Counties of this Territory weft of the Wabafti in confr-
quence, and growing out of their connec
tion with the people eaitward of the faid River, principally arifing from the tircum fiances of their being united for the pur-
pofe of temporary government only and
it is manifeft to this H ufe that a fepara.
tion by law, ot the Weltern from the eaftern
part of this Territory is the only means
now lett of reftonng harmony terminating thofr difcontents and quietting the minds
of the people l6 elTential to the profperity of an infant country, and whereas it is coufldered to be unneCetTary to enter into a detail of the various other caufes which have producer thofe difcontents. as
it appears they have been already laid before Congrefs nd are of fuch a nature as can be removed only by an aft of the General Governmentand whereas it hath been ullrged by thfe counties and is believed by this Houfe that as they contribute to the revenue considerably more than the expences of the Government they pray for would draw from the public Treafury and confidering alfo that it is the right of every free people to have a Government 1 their choice, and has ever been the liberal and enlightened poliry of the United States to extend the benefits thereof to their Territory! when it was confiftant with the iineral good, refolved therefore that our Delegate to Congrefs be and he is hereby inftrtSftcd to ufe all the means in his pow. er to procure at the enfuing feflion of the
National Legislature a Divihon of this Teiritory as provided by the ordinance of Congrefn.and as hath heretofore been fre quently prayed for by the people of that portion of the Territory. Refolved alfo that copies of this refolution be made out, figned by the Speaker till) attefted by the Cletk whereof one 'hall be immediat'-ly tranfmitted by mail the Prefident of the United States one t the Prefident of the Senate, one to the Speaker cf the Houfe of Reprefentatives and the other he delivered to our Delegate in cafe one (hall be elected and it ftnll br the duty of the Spakcof this Houfe u tranfmit and deliver the copies aforcfaid. On the Qieftion that the Houfe do agrrr to the fnregoing refolution the Yeas and Nays beinf called for by one of the mem
bers, thofe who voted in the afErmitive, were Mefirs Bigps, Jones and Meflinger, nd thofr who voted in the negative wer M eiTrs. Decker and Johnfton Yets 3 Mr. Johnfion from the committee tr whom were refered the petition of Niche las Jarrot made the following reportThat they have examined into the prayer.of the petition and the Law of the Territory which directed from whence and in what iianner the expences of elections fhonfrt or paid and are of opinion that he fhould -remunerated the expenfes which he incurred bv fending an exprefs to the executive of the Territory as the fame was
chobs Jarrot the fame being read-
On motion, Refolved that the faid bill be read a fecond time now On motion, Refolved tkat the faid bill be commit ted to a committee of the, whole and mado the order of the day for to. morrow. On motion, Refolved, that leave bf givm to bring in i bill fupplemental to an alct entitled an act to authorife the proprietors of the land in the lower Prararie in the County of Knox to enclofe the farae1 and for other
pnrpofes and that "Meflrs. Johnfton. Jones
nnd Decker be a committee to prepare and bring in the fame : whereupon Mr JohnHon reported the faid bill which being read On motion, Refolved that the faid bill be read fecond time now. . On motion, Refolved that the faid bill be commit ted to a committee of the whole and mado. the order of. the day for to-morrow. A meflage from the Legislative Council by Mr, Hurft their Clerk, Mr. Speaker I am directed by the Legiflative Council to inform this Houfe that they do concur in the bill which originated in this Houfe to form a new county out of Knox and Clark with fome. amendments to which they defire the concurrence of this Houfe aud then he withdrew. . " The Houfe then proceeded to confider the amendments propofed to the faid "bill by the Lrgittative Council and on the Queftion thereon it was agreed to by tho HoufeOn motion RffrilveH tht th r.lorlr An ialVtrm tiA
Legiflaiive Council thereof On mttion, . Refolved that fo much of the report of the committee appointed lall ft (lion to fuperintend the printing and diftnbnting the laws as relates to miftakes in the pa(T age of the acts of lalt feflion and typographical errors in the printing thereof be re fered to a feleA committee of Meffrs. John fton; Meflinger and Decker, and that they report thereon by bill .or otherwife. The Houfe according to the order "of the day refolved itfelf into a committee of
i ne wiioir on iuc uui jot ine rejiei oz Robert Morrifon and others, and after fome time fpent therein Mr. Speaker relumed the Chair and Mr. Biggs reported that the committee had according to order had the faid hill under confederation and made fome ' amendments thereto, which he delivered in at the Clerks table where the fame were fevera lly twice read and agreed to by the Houfe On motion, Refolved that the faid bill be re-cora-
mitted to a committee of the whoI nA
made the order of the day for to-morrow
l he Houfe according to the order ofvtha
day refolved itfelf into a omftfecjiif ;tho whole o,i the bill allowfhconinf nfatioX'
to the members of the Legiflativt CouQcil ;nd Houfe of Reprefentatives and to thoN .fficers of both Houfes for the prcfeut
...v. .nijC jpcm mereiQ Mr. Speaker refumed the chair and Mr. Meflinger reported that the committee had ccording to order had the faid bill under confidcration and made ieveral amending' thereto, which he delivered in at the Clerks table where the fame were frverally twice read and agreed to by the Honfe. On motion, Refolved that the faid bill be ingrolTed for a third leading on'tburfday next. The Hi ufe according to the order of the day tefolved itfelf into a committee of the whole on the bill for the relief of the printers of the rcvif-d Code and for otbrr purpofes and after fome time fpmt therein Mr. Speaker refumed the chair and Mr. Decker reported that the committee had according to order had the faid bill under ronfidrration and have made feveral amendments thereto which he delivered in it the Clerks table when the fame were f-verally twice read and agjecd to by the Houfe. On msti&n Refolved that the faid bill be engrofied for a third reading on Thurfday next A meffc from the LegifiNtive Council ly Mr. Hurft their Cletk Mr Speaker I am directed by the LegiiUtivi Council U