Western Sun, Volume 6, Number 24, Vincennes, Knox County, 7 January 1815 — Page 1

WES TITsT

m

4 L

ach Centubt has its peculiar Mode of doing Business, and Men guided more bt Custom than bt Rkason, follow without Enquiry, the Manners which are prevalent in their own Tim, Him.

SATURDAY, JANUARY r, 1815.

0

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ALL Letttrs addressed to the Editor

must be Post paid, cr thej will not be

taken out of the office

For the IVt stern Sun. The Judges and the Legislature Mr. SfotlTf Pu tiling the idea of the influential gen tleman, there is mother important topic for Consideration, By the ordinance til nngiftrates and other civil officers, not Other Re directed, (hall during the continuance of the territorial government, be -ippninted by the governor tht exception includes the fecrctaiy and the judges If a new power be given to a certain pcrlon, by the deGgnattoti bl that certain per fon all othrr perfons are excluded from the etertift of the power. 11. Hep. 64, rafters cafe. NoW admitting tht propriety S)f the mo uilcationa and e::ten'j oris of the kiriicltftiofi oi the ill Iget II tlaimed by the ieiil tore in the paiTige of the judiciary law. Rill the

judges were not tmpooercf to aft I hey were neitlier appointed or COfltSOtfliohtd by the governor. The defumation of thr pre fidents (the l?e? by name) of the Cuiuit tout WS in th fortt of a law, the jrint a J t thr governor and the two houfs ot thr legifl .ture. Thli idea of the influential HI. di'rvTlly inculpates the governor and th l-t; il -ore. The governor in per knittiog th tegifl ore to participate wi'h i n in the pretended ippoiottttllt of thofe tffi rs, parted ith power, the exercif Of which btfotifl eXclofivrly to himftlf, h in the tpproval if the law, t ..mmirted a palp ble breach of the trull cm ft ted to him bv khO geotrtl government j the two houfes til in Intrenching on tht prerogative of the governor, were guilty of a flagrant u fu palmn In th- lit ft number an Maty (It of the or dinmcr and ids of to-gref, in regard to

M ,.-, ... i tannic! f - m thtt the pov

iffcot is really not liable to thS imputation, which ignorant arid pttl have nil iprn hin' To erttl the lek- llaturr and incul thr pulses, the moft ittonftroOS abiurd itics hc been pr. paated, without pcrcci

the relative powers and duties of the judges and the leg'O ture, has been given; and the refuit is the efl-blilhment i f the following il and tonclufion Tht legitla turr p.flVd a law, by whit h thry abnugrd, augmented, annihilated the jurisdiction ot the judges, derived from the general govCfOment hut the lentil Uure are expressly prohibited from patting any law repugnant to the laws of :hc U. Stales ; a I a w ot the U. States, however, prefuibes and cltablilhrs jurifdi&lofl for the judges; tbcl.iw of the Kgiilture, mud then, in fo far as it intrenches on the jttNtdiction of the judges, be repugnant to t'.ic laws of the U. S. ar.d therefore void. From our frcond number it appears, th.t the ordnance is a ntwla.v. Creating a new jurtfdietidft that it mult. confequentlytbe tonllrued rtnily ; and that its affirmative pttrafeology implies a negative oi the ex

ercifr of ll other powers than thofe ex prefsly given Thcfc pofitlOflS CAnOOt be controverted, nor the authorities quotr d dif proved ty any oppofing decifions, either in Engiafid or the U. States. It ?lf ) appears that if, in refpeCl to the judiciary law, the

ju ig' were to be conlidered as territorial juJges only, they were on the fame footing

with every other citizen, and bad the pnvi lege of accepting or declining their fuppo fed new appointments ; but that, at ll events, they were prohibited from adding as fuch, unl fs they had bren com mi (Honed hy the governor, in purfuance of a law for that purpofe. And it has now been de monrtrated that the judiciary a& cannot be vonfiderrd as a com milium to the judges, inafdiuch at the appointment of all magi ftr.ites and other civil ohHcers is exprefsly limited to thr governor. And hence it i; clear that "whether the ordinance is considered with a view to its

vinrxtiat thy ronciuoea apairn ine very

men tiny were cfluioufly and prelumpti

onilv entiravorinn to ex uipaie. n was

fidl laid, that no idea Wat eutrrta'med that the law ws compullory on the j'ldges then, that the Uw was to be cm.iidered as

commilfion to the judges then, that al

though it was conltitutiona!. y . t that it im-

p ted no obligation on the judges ; but be

that as it might, the judges were (lill cen-

Unable for not executing the law sod tor

tin Ml nine months thr phases ot the

M

Moon luve not been more various, th,

the crudities whit h lhame, relVntment,

noratiCC and i j 1 0 ic r have advanced to

generaj objrft, or the literal meaning of its terms ; whether it is examined and tefieo by the rules of confl uction tccogmrrd in the cojr vS of Englano. or thofe of the U btates ; or whether the ju ges are to be confid red as U. States judge s tor the tci ritofy, or t!ofe of the territory only, the) were like prohibited from conforming to the law.f3 i'hert is another ftrong feature in the cac that may be properly mentioned rtbi,u tht time oi tin p il ge of the judiciaiy lW, 1 he legiil "ur petitioned cor giels for an abio lute Controul over the judget ; it it faid that a l :l conformably to the prayer of the memorial wasrrpoitrd, and iiter debate,

rejected by a large m ijority of the houic ot reprefenttives upon the ground ot the on coi Ritutionality of that law and n.r In af nmgs' circular letter is appealed to toi prool cf the ft Con traded With the judiciary acl, the me morial exhibits t lingular afpel What new poWet could tiie legiilature Want? It the law was valid, f 4-S nt othei powei coulc be Conferred, in relp'-d to the judges, th-o tiiey had already -"Xereiftd, eKiept that ot

d removal fi om ohi e.

i;m Sun on

impeachment an

4lld tO hr ftate th

ngrefi Oiould livc m a-rXI t, it hrO. known to them I ars Gnet an t tempt w.s O

1 3 1 1 is 27 yean Gnce the ordinance

adopted j and between the judges and the legifltture, there never was any difficulty before. Congrels prefer tbed and limited thr jurifdittion of thl judges j but s to the time when the place here ; nd the man ncr in which the judge f ihoold exerctfe the jurifdiion with which tl ry were invefted, it was left with the I gifl.ture to provide

There is no diffn u 1 1 y in ail this ; -fri t;

undcrftood. it is only netrtTary to

cafe. Why cong

this arrangement

l Ives. honr V ars tiore an t e vr n

made by the legifl turr to interfere ith the jurifdittion ol the judges, it was promp ly controlrd by the Veto ui the governor. Eighteen months, or two year: ago, fome good people were alar med b ft Wr fhoold fall under a Generocraiv Under what ki: d of government ae we now ? ' 14 5 But the houfe of reprefentatives in their anfwer to the governor declare, that "the leiil life at their laf frfTion had doubts of their own cf blending the judges of the general court, with the afliftant jud ge;." They doubt I and vet the conhStutionality of the lw is UnbtulhingH -fiVrt-rd an ontrageous clamor railed agaii the

ller tan thi aboonnabie law. nnnfoltViflrJ uiHtres. becnue ihey rrtjlrrj to execute it

the law, it IS lUir that tht legi!l.ture-vbl btch of new judges created, vd to

lieved it wa? conitituti.m-l nd hirAimLWtnr Y them J.!a-j ada-J to the taV lut ;

the judges, as ju lgs appointed for the Wr- the terntmy in

ril iiy, bv the U. Sc.tr; th,it the judjks

debt , and our treafury un

able to difcharge current demands. The

had no option that they mufl either vf antwer, it is u .derliood, was written by the

lte their duty, or obey thr law ; its Ian sapitnt ; and when he and his sage

uace is plain ; its tern i exploit and pc- I compeers had aoutts, ought the judges t

remptorv. After arranoi a thr Circgbt, . b- cenlurea bec-uie they h -ri th

the law declares that. oe each ofth' br' diltg the judges, is one Ot the custs. one of the fuJres of the General ops in difpnte ; and yielding

c wt.shali preside as a Ctnutt Judjte."-3Ll P end ot tne mat.er.

For the Wcturn Sun.

VIC E. ifciinsT VI R l UE. This beii g th- tdjourtied au liei re

Virtue f-e' Conioltation trith hrr advoca'a

Troth, filed her brief as follows, mutatu1

mu' andr.

lft. With p"tn, horror and c'etefl 'rr tit confined that -the plaintiffs' poWf 1 been Su t extensive rverthe rrrere. it Dot the Leans of Lai k.iud. But Vuiu

contends that Vices' age cannot'iijfi her principles n.r tr ooiveriality fiuo ion her banc tul n flin ; e. 2 l With li. mlar renftio, s, its acknow. ledijedth then are ri y in plee and power, & many others conmardinf wi Iih, who have not o ly obtained ihofi ititi ns, Of! fi u 'ions by your ntfm ui and h famou ethic ki jt who it 1 1 1 r.tin them by th f me mean?. From wh me your influ

er.ee ( you oV. rvr) is to be fren i, Itatrfmao, the powerful ud th- i.h. becaufe of your pre valence, ffiftrd hi!I, by all the fiends of dark R follow tftat I ni n t -. i far io -s the un is to a r : i fj v . ! f preferable light la to d fi ? 0 he who r:des upon the irinds unbounded ether, will not, ' ur judgment, reward Vi nifli the viciou ? Cd With mpathetti frellt f i d'privitv of Go sbeinrf il 1 t

tnc but ' if fit

Vi e. wit! h llifh trsin, hae

ally draw into you: voi ;;. I v v ting nllurements, both m.! arid all ge and conditions. A .d

tame to tei', bur A toot

may be withnu1

being, or

r alt itt bv tff gay the bisioiis, do-3 it the! re 1 ptre Should not he ellh

Li J

rh

J Q id Urn

-Ufr I ehdage; tb am my rm

iw tn i

(bed in the hearts

of niankiod. and your be eypelled ? J he ( n'irt beipi wiiiiog to her thr srnimP'l of to refprclive COOnfel, r - t 9 further day herein until the e: futog audi ( nee.

P

4

Muskets and Rifles U. S. Ordinance Department Washington City, Nov, 19, 18 !

ROPOSALS will be received at the

L nitrd States Ordinance DeoartmenC

Wmiugton cirv, from companies or u:div:uais, in any i clion of the fouthern or wtlt'rn dates, for the fuoply of the fol! Wm ing artic If-s : Musket Wtb Bauoriets. A Wiper to r:;ch uflcef and tW!v f ff drivers pH bullet icrews to every hundred Muikets. Rift s. With exch rTnV a w.prr and bullet mmilef.

and eleven brill ((r-ws 1 with every hundrrd Rib

Ui ivers

Patterns for

Muikcts

a no

the

will be furniftsed ; nd the erttcles,

completed fdr delivery, will b. mi an crlicer to be appointed by thi ment Satisf cl-try (Veurity sviil ed for the faithful petformancc oi tre3i.

a

1

w 1 t n

1 by

e pa w t,

1 noiH c con-

he judges t The propofals will Hart the p ice-?, tn heirs? Rieo a the n er agreed to bt fornilheai in fpecifigreat qurHi ll-d periods; -s alf th pi es ol delijrry that, there is Contracts for an romedire. rr earl

If the legifiAture had doubts (and if

tobriievc the hpofe ol reprefertatives Ifcey had) it is probable thit it wis expecti, that tlat niem'i 1 to congrels would re. move them. D fappointed there, fomething wis to he dote to extnfe the mod ft. the

tellnrrnt, ami the immaculate g-nt

in

M

of the lecriflature ; the territory w

with fi!!y falleboods, and the Blofl erronC1 us and oumg-eous principles wee advtn red in pof CO nog this rrnfade ngjioft truth and juHwc. But more of this hcr:af .er.

1 ply are defired : tu!

1 t . .

unura irr certain he fuccred n, year greed upon. In aov difl Wi

iitiea tl

rji ay to v I - an ' futiorr

-d, th propi fall :r:ay be made tbrotogjtl 'i f r r - d

I

1 v

I r T T ITS V aVCbCfl 1 a t

A T 1 T A 1 3 1 .11 AT

To is :