Western Sun, Volume 2, Number 50, Vincennes, Knox County, 25 November 1809 — Page 1

WESTERN SUN

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VOL.11

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PROPOSALS

BY GENERAL W. JOHNSTON L. D. (of Vincennes I.T.) For publishing by subscription A work, to be entitled THE INDIANA JUSTICE AND CONSTABLES GUIDE. This work shull embrace a Iegal desertution on the life and progress (under the laws of England) and present respective powers and duty of Justices of the Peace and Constables under the statute laws of Indiana—it shall likewise contain all the necessary forms for their refpedAive ofli cs and be pr tared with the Conttitutton of the United States aud the ordinance of the Terciorv. The utility ar.d cfTrnt'ulity of fu b nn undertaking ar.d publication, efj.v-cilly in Indiana, cannot indeed it ouht not, tor ;i moment, to he doubted it is therefore li.iprd tlin 41 what is generally good, wdl bz liberally e.cour.ed.,, CONDITIONS. 1. It will bp computed of one volume octavo, of net ween oiie hundred and one hundred Mid fifty p?(;cs, 2. It Oh!! ! primed on good common IvapT a:ui iTitchrii. 3. It will e put to pref foen ns four I.undrrd copies rr fu'jftr ihed for (which Sj amount, it is fuppMVd will barely defray M th- t-xp-fifrs which nrceiTrily be inXA curred foi m .trnals. a copi it and printing 4. It will be li'livtrri to iu 'feri'jers, in Vincriin'-s t oiiv u Uar prr c.py. 5 The number of copies fubfn ibd for, mutt be piid upon the futf nbers bein publicly notified that the work i iraky tor lieliv e V. jj Subfcnptir.ns f-r the above work Vol oe received by tlirfeveralPO-Maftei " in the Territory, by ether (irr.t h men to vhMm fubfr'tption papers t;;jy br forw.uded :o I t, others who nny fel tvorabl) e.j;dcd toward the undaiakin. 1 EDITOR.

SATURDAY, NOVEMBER 25, isog.

JOURNAL OF THE 'HOUSE or REPRESENTATIVES or THE INADIAN A TERRITORY, Begun and held at the Town of Viucennes, on Monday the fixteentb day of October, one tjioufand eight bund, red and nine, and of the Independence of the United S. the thirty fourth. (Continued. J Wednesday X&tbOcicbcr. The Houfc met according to adjournment. On Motion of Mr. J. Jnhnfon, To recoutidcr the unhnilhed buGnefs of yeflerday, to wit ; the concurrence of the Houfe to the report of the committee of the whole Houfe, and the fame bein taken was carried in the negative. Whereupon mr. J. Johnfon introduced the following refolution, Resolvedy That that p3rt of the Governor's communication which relates to th organization of the General AfTembly, and which was reported upon by a committee of the whole Houfe yeflerday, be recommitted to a committee of 4 members. Ordered, that meflrs. J. Johnfon, Rue, Overman and Hogatt, be appointed a committee purfuant to faid refolution. The Speaker bid before th- Houfc feveral petitions of fundry inhabitants of the counties of Knox and Dearborn, in this Territory, whofe names are thereunto fubfcribed, praying the General AflVmbly to ufe thrir utmolt exertions to procure the

re-appointment of William H. Harrifon as Grveinnr of this Territory. On Motion, Ordered that the faid petitions do lie on the table. The frveral orders of the day were furtherpoHo iued until the afternoon. And th-n the Houfe adjourned until 4 JFrdncsday afternoon. The Houfe met according to adjournmenr. Mr. J. Johnfon from tbe committee to whom were referred fo much of the Governor's communication as rchtes to the? orgnizuion of the General Aifcmbly made the following report. The committee to whom were referred that part of the Governor's communication which relates to the organization of the General Alrembly, beg leave to make the follow i iK rrport :

Your committee ftate that the I'w of Conrefi paiTrit 7th day of May, 1800, the Tenitory North Welt of the river Ohi , was divided, that the 4th fccVion of faid acl provided how the Le-dlitiire in the Indiana Territory fhotild be organized, and t ys, " wlirneerr fitisiIdory evidence fn .11 be .ovrti to Governor thereof tint tilth is the wilh of a majority of the freeholders, Mntwithitan.iirK there nny not he therein ()0.) free m.Ie iulrabitants of tbe age r f l year and upw.ud; provided, that until there Hull br $(i:yj free male inhabitants ot lie as'c of 21 e-rs and upwards in fid lerrit(ry, th- wliole number of Rrprrleuutivrs to tbr General Atfembly (ball not hr I'-fs tlnn 7 nor more than U, to be ap;yrtioncd ty the Governor to the fever jI

countfes in the fiid Territory agreeably to the number of free males of the age ot 21 years and upwards, which they may refpectively contain." On this law your committee beg leave to obferye as their opinion that when the Governor organiied the Le ciflature, and particularly the Howfe of Reprefentatives in 1805, he exeriifcci the power vetted in him, and having once exercifed this power, and appoitioned the members, his authority in apportioning the members to the Houfe of Reprefentatives ceafed, iat mott he could only fill up the number of nun) and no acl of bis. by dif folving the Legiflature, could vtft him with new power to m ke a new apportionment of members to the Houfe of Reprefentatives. Further, by th- fme law, the power of the Governor in apportioning the mem bers to the Houfe of Reprefentatives is doped fhort, fo foon as there is a population in the Territory of 5000 free male inhabitants of tbe age of 21 years and upwards, then the apportionment is to be made under the ordinance that is, one reprefentative for every five hundred the Ordinance is in the following words, to wit : 4 provided, that for every 500 free male inhabitants there (ball be one Reprefentative, and fo on progre (lively with the number of free male inhabitants (ball the right of reprefentation incre-fe until the number of Repiefentarives thall amount to 25, after which, the number and proportion of Representatives lb dl be regulated by the Legitl iture," and there cannot exitf a doubt but what the population of the Territory, hefore the divilion exceeded 5000, and even now this being the cafe, under the above recited law and ordenance, the Governor's power of apportion ing ceafed, upon this ftore we arc of opi nion tht the prefent apportionment and organization of the Houfe of Repn fniCa tives is of doubtful authority nay, if the Leyifltturc is organized upon thr old eHablilhment, that is, under the law dividing the North Wetlern Territory, the old Council ouht to take their feat, but we are of opinion this cannot legally be done theti und-r the exilting contution, the pref-ni Legiflature is neither ettahliflicd upon the old, or the new eft iblilbment, it is a kind of mule between the two, and it is evident by the 4th fvdion of thr l.w of Con;refs extending the right of fufllagr to the citi zens of the Indiana Territory, ttiat Congrrfs in f lying that the Leifliture or Ge iier-41 A trembly ( whii h imludes the three different brandies of the Lriiflture) (hall lnvr power to apportion the U'-pre fentatives of the feveral counties therein, or whiih may hereafter be eiiahliuY d th'-re-iu accrdiug to the number of ifr white m ile inhabitants above the age of 21 ye-i, and upwards, provided that thrre be rt i ?norc th n twelve, nor I-fs than nine of thr

j whole number nf Rf pre fentatives." Now from the return of thr members elrcVdto

I i- t ft I i T I i- . .1

lfrv in tne lioui oi ivpinniuuvri there

are hut eii.t rr.embers el-Ct d, w!,rn the n bove law cxprrfsly fay, there OmiI not be Ic fi tlian iiL.c, nor more than twelve. Your committ-r are ti.er-fore of opinion tliat uder the exilting ir ( unrH nos tli4t tins Houfe cannot CwfTitutioi:Uy do an Le:dltive tufmefs, and that we are not l-g.lly oaniz-d. To fy the m lt int4vor rf the prefr nt organiz tinn of 'he H'mlr f Reprr frntatives. it isofdoubttul Mitho rity. We are further of opioioo, ttut in d r thr ,xiisr,g"confn(loii ard doubt, th-' it wou'd be frtfr nn pru lemt in this Houf to tcafc to do ijy further bufuicf:) luvin

firfl made a petition to Congrefs ftating tbe evil, ad prying tor a law to be paflVd, organizing our Ltg'flature. 1. Resolved tlii refofe, J'bat a petition be drafted and prefented to Congrefs, liaN ing the ditTi. ulty that exiOs with regard to thr organization of the General AlTembly, and praying that a 1 w may be pitTed remedying the now difti' ulty, and that thU Houfe thenadjouin without day. On Motion, The Hnfr refolved itfelf into a coin mittee of thr whole Houfe on the forego ing report, and after fome time (pent therein, mr. Speaker rrfumrd the chair, and mr. Hrgiratt reported, that thr committee had, accoiding to order, had the fame undrr confideration, and had rrfuf d their agreement thereto, to whit I) rejection of the faid report, thev defirrd the toncurrenee of the Houfe, nd that they had come to the following refolution which he delivered in at the Clerk's tMe. Resolved, That it is the opinion of this Houfr,-f!it thr proclamation of the Governor of the 4th of April of the prefent year, under which fome of the prefmt members wrrr elected, wa3 highly proprr, and that this Houfe conceive? itfrlf a legal ronilituted body, and will ronf quently pro ceed to the hufnufs of Legiflarion. The Hcuife proceeded to onfider the Refolution at the Clerk's table, which b"in again read, was, on the qu ftion put (hall the Houfe concur iu the foregoing report of the committee of the wholrr Houfr. On Motion, Of mr. J. Johnfon, vrbo called for a divifion of the queflion. Thr qui'ftin then before tbe Houfe was, mail the Houfe concur in thr report of thr committee of the whole Houfe, on the report f thr flcl committee, ,nd pa (Ted in the atTirmtivr yeas 4 nays 3. The yeas and nays bring Called for, thoffl who voted in the aflfi mative were mr(Trs. Brgps, G. W. Johndon. Overman It Rue, and thnfe who voted in the negative wrrr mrffrs Hoggatt, J. Jcfinfon and Work. And on the further quftion fhall the Houfe concur in thr rrpoitof thr comrtdttrr of the whnlr Hiufe, which became by the divifion tberrof thr ft cond branch, it was carried in the atlirmative yeas 4 nays 3. The yeas and nay bring d.-mand'-d, tbofc who votr-d in the afiirmativr urre nr. (Tr s. B"ggs. G W. 'ohnfton. Overman Rue, -ltd thof- wtio vot-d in !' ng'tivr w-rc mrfTr?. Hojgtt. J. Johnfon St WikOn Motion, Tttr H uife proceeded by ballott to

j the appointment ot a Cl"k, and upon ioun-

ring thr hlhti, thrre appeared lor Joha Caldwell. 4 votes, and f.r Willi -m Jone, 3 vote -vh-reupin John C!dwell, w-l drrlared hy mr. Spek-r, duly rlrcVd, -nd therrupon the oath nf ofllcr, ard th oatfl to fuppoit thr (;,u (Vitu'ion of the U"ited rt'S vs dminiftrrrd to hiui tiy Junes Johnf -n. P (purr. And then th' H vfe rljou ncd until 'J .ock to mor.w motrinp. ( To be continued. J

BLVNK DKKDs For Sale ht thh OjJic:

ALSO

Illank lFnrrann Summonses, and kx'Ciniori for . Mo?ifrtites For Sale' at tj'u Office

i It