Western Sun & General Advertiser, Volume 9, Number 15, Vincennes, Knox County, 14 March 1818 — Page 2

the Unit I Slates and of this state, by la dng an oath that he has not been, nor will not be guilty ofa certain misdemeanor, b f ire he can be entitled to enjoy his n r oral and undeniable rights Admit In , we have the fight to curtail the privileges of any citizen for the commission of certain crimes, it is for the actual commission Sc coviction for such crimes alone that this riht can be exercised by our law girtr an 1 I do not hesitate to hazard t! e opinion that the clause in our law which re uirca the oi'.h aforesaid is uncowstitu rioNAL. If we deprive a man of certain privelCd.;es unless he Will take an oath that he has not been g v.. IV ofa certain crime, or misdemeanor this deprivation on the part of our law is certainly ex post fae to. in Its bearing an 1 has a complete retrospective vien. a privelege denied by the Constitution of the United States to the stte law givers. By this mo le of procedure we compel a man to either become his own iCCUSer and publisher of l is own infffny) Or to abandon certain rights or priveleges which nothing but the perpetration of certain crimes, and bo na fide conviction thereof can deprive any citizen of the United States from the rirht of enjoying. Illegibility to office is one amongst the first and most glorious priveleges of Which the American citizen may proudly boast, this privelege is guaranteed equaly to the meanest peasant and proudest nabob, it is a privelege which our law giver ought to touch with a very cautious hand ; to require a man, before he can enjoy this privelege, to swear that he will not do a certain thing is cqualy as absurd as it would be to require a man to prove a negative, and in fact is little less than a species of perjury ; every man is presumed to know what he has done (though cannot he compelled to disC ose his own secrets but no man can tell What he mav or tnav not do as no man is

thunder, who is not delighted when the mildness of evening returns with tranquility, and the Suns reflected rays from the distant cloud, beautifully paints the rich colourings of tine rainbow. To whom is not this sight sublime ? To whom is it not the richest compensation for the gloom of the storm that is past ? Although, therefore the Sun is shrouded with the clouds of winter, and the beauties o! datura hidden from the sight ! althoughthc chills of the season may frequently give pain, and teach us how sweet is the fireside and home 1 although the vices of the malicious may surround us With affliction, and shew the value of the good ! vet, how far more SWeet the smiles of spring will prove by the experience of winter, and how valued is friendship, by learning its worth. To Whom therefore is it not convincing, how necessary it is to drive from the mind every subject of anxiety, if capable to deprive us of the present enjoyment of pleasure. For, who, if conversant with history, the true mirror of the afflictions ol mankind or conversant with the depravity of society but has many subjects of sufficient influence to retard the finest emotions of the heart. The thought, is comforting, however, that When the gloomy slumbers of nature one present, when the chilling winds of winter whi stle around our dwellings, that the spiin J and summer arc coming ! but how fare more delightful, when the spring of youth is passed, and every latent perfected 1 when summers smiles have cherished our fruits, and autumn's zephyrs cropt them for the Father ; that we may again revive, and again exist in the garden of futurity ; and to reflect on the certainty of again meeting departed friends in the Elysium of to-morrow if truth governs the tongue, if morality guides our steps and reason dictates to the hearts even unwilling to believe in the Divinity of the Scriptures, in the most compulsive and delightful thought ; this idea so grateful to the afflicted, has more influence than

Coi.inletelv master of his own passions.

Although I am entirely hostile to the the persuasion of the Church, and the principle and practice of Dueling yet I admonition of the ministry, in teaching

am persuaded that no law can be passed

Which will have a tendency to prevent it entirely; it therefore only remains for society to enact such constitutional laws as may be found best calculated to punish th se who are actual aggressors. When two members of society, either from notions of false honour, or because trom circumstances they are no longer willing to breathe the same air With each other, and therefore resort to this measure, Where death ensures to either party let lis punish the survivor with Death cv , if vou please ; and inflict such other appropriate punishment oo the aiders k abettors as the nature of their offence may require by fine, imprisonment, and by attaching infamy if you please, but let us touch with a centious hand the constitutional privileges of American fi i men. It will no doubt be thought bv some that the w riter of these remarks is governed solelv by motives of friendship to persons who may have Offended against the principles of the Dueling law. I do here most solemnly declare that, how great soever may be nw friendship for men who may have offended in this wav, or how much soever I may commisserate the unfortunate situation in which imprudence may have placed some worthv, but unguarded friends, I am governed in those remarks from a thorough conviction that the law is first vnconstiti tion al, and secondly, Impolitic, Unequal in its bearings, and therefore unjust, and ought to be repealed, or modified. PAULDING. February 26. 1118.

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FOR THE WESTERN Si

P rsHOiive Reason should our minds p ursue To light, tQ lift ,, the scenes beyond the ri w. T linmorttitic Elysium. The various passions and desires that actuate the heart, if properly cherished bv the influence of reason, gives to each fnan the power to become either happy or wretched, if unsubdued bv the (gen tie") precepts of this persuasive monitor, Who can properly reflect on the fiowns of fortune, or properly esteem the changing seasons, which varigate the scene. Unless k fair cultures kind parental care fr s to enjoy the sublimity of Nature, the St Elemental war," who, when the anrv Wavei of the ocean, with furious v Irlwinds bounding to the sky, feels the smallest emotion of pleasure ; or to v !nm is the placid bosom of the ocean pleasing, when gentle breeaes fan the billowy wave, unh ss these various e em frequently exchange to beautify e;tch other, hv the influence of contrast When the blue concave seems wrapped in commotion bv the turbulence of Clouds, and the crashing confusion of

the heart to believe in the truths of Sa

cred history. To this we are indebted, when we softlv kiss from the cheek of 4 the dying friend the tear for the grateful hope to meet again where the spring never ceases, when this clouded Sun is set. This pleasing thought is derived however as fully from the influence of that selfishness of our dispositions, as from reason. But from whatever source it may arise, if accompanied with such conduct and feelings as reason, or the scriptures, or the anticipation of futurity dictates, fully confirms to us the delight ful hope of an happy immortality. EDCiAR. Extract front a letter to the editor, dated WASHINGTON city Jan. 7, 1818. " You will sec bv the paper enclosed to you this morning, that the Princess Charlotte, Heiress of the British Throne is dead On hearing this nTWfyTcould not check a passing thought upon the miserable condition of a nation, whiofci submits its peace and happiness to the care and keeping of a single family. Only look at the picture. George the third is confined as a Lunatic. He is the lawful, the legitimate Sovereign of the British throne. His son the Prince Regent, is a drunken Sot, and confirmed Debauchee. The hopes of the nation could only rest upon the Princess Charlotte, k she is dead, and her child still-born. None of the sons or daughters of George the third, have legitimate children. They have some spurious brats, but none born in lawful wedlock, and the crown mav fall to the Duke of York, the same who wrote v. he well remembered love letters to Mrs. Ann C larke, and having passed through the children of George the third most of whom will probably be dead as soon as the Prince Regent, the Ration must Import a successor from some of the branches of the family on the continent, or legitimatize the children of How much cause we have to rejoice, when we compare this silly and miserable system to our elective mode of selecting an Executive Head for the nation After all that crowned heads have said against Republics, I believe that no nation, has ever had a succession of Kings, or Emperors, who can be compared With our five Presidents. "Washington, Adams, Jefferson. Madison, St Monroe. I have sent you the papers containing the proceedings against John Ander son) for attempting to bribe the ( 1 airman of the Committee of C laims. How far the House has power to punish him, is a question of serious doubt. In any event, however, the case will canaMe the people to see that they have honest incorruptible to act as Guardiansover their interests. I never in mv lifi witnessed lUch strong and general bursts of indignation as were seen in every face when the circumstances were made known to the Bouse. wiSai . L: .jay . .

In a day or two 1 expect that the report on " Internal Improvements, (usually called fucker's report) will be called up : Our western country will feel as deep an interest in this as any other question which will fail under discussion If a bill should be passed, the President will send it back, with objections, in which event there is Hot a Constitutional majority (two thirds) to be had in either House, anOTconsequcntly nothing will be done util fhc Constitution i, mended A proposnkm to that effect is before the Senate, but ha's not been pressed forward ; for what reason I cannot say. u We are not u all me mm" upon the subject of seizing Amelia Island, there are many who object to the measure entirely, and some think that Col. Bank head ought to have compelled Governor ui-y to leave the Public propcrtv How far the procedure may give offence to the Spanish Patriots, or to Spain, is not yet known. However, as to spa'm herself, the sooner she compels us to show some of our seventv-fours on her coast, the better She will not want to see them again. I do not believe that Col. Bankhead lias exceeded the orders of the president, and I do not look for a disavowal of any thing he has done. M It is expected that the propriety of ackiav! edging the Independence of so.nqltof the Spanish Colonies, will be brought before Congress, but what shape the question will assume, is as yet unknown. You may rest assured that it will be warmly debated on both sides. I should suppose it would be well to postpone its consideration until our Commissioners sent to the Provinces shall be heard from. Ky. Adv. In speaking of the reported Mediation of Great Britain between Spain and her Colonies of which we believe there is little doubt the National Advocate, of New-York, takes this view of the subject ; " Nearly all the allied powers have solicited Great Britain, the only efficient nation, to interfere in behalf of Spain ; this has been refused, and at length ti.cy have consented to become 44 mediators"

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This determination of the highest im

portance to the patriot cause, as it prevents the British from aiding any r.onferacy against them and on "the contrary places that govcrement in a friendly light. In this mediation, Grca&Britain will not fail to improve their commercial relations, and f om a closer .examination of the benefits to be derived, they will keep Spain and her colonics at a respectable distance, and in the event of her independence, will claim from the patriots the reward of an advantageous neutrality and a profitable mediation." MILITIA OF THE UNITED STATES, R( fx trt of 'th co . mittee of house of Repr scntativt s on so much of the jP dent s Message an relates to the Milltin. The committee to whom was referred so much of the message of the President as relates to the militia, have had that subject under consideration, and beg leave to report : That the constitution grants to Congress the following powers in relation to the militia, to wit : To provlde for organizing the militia ; for arming them; for discipling them; for calling them into the service of the I nited States for governing them therein: and for compensating them for their services ; which powers the committee have considered seperatcly. , 1. The committee are of opinion that in organizing the militia,it would pe a gceat improvement todividethem them inotwo classes, with a view to train diligently, 8c to provide to arm immediately, the young men, and exempt the eldt rly men from that sacrifice of time which effective training would require the organization of the militia might remain in a:l other respects nearly as heretofore established. 2. The constitution having made it the duty of Congress to provide for arming the militia this power is not dulv c rcised by merely enacting that the militia shall arm themselves. A law to that effect, unsanctioned by penalties, will be disregarded, and. if thus sanctioned, will be unjust, for it will operate as a capitation tax. Which the opulent and the needy will pay equally, and which will not he borne by the states in the proportion fixed by the Constitution The committee do not approve of putting pnblic arms into the hands of the militia, when not neCessary, That mode would expose the arms to be lost or destroye 1. They conceivMhat Congress should provide arsenals, from which the militia of every part of the United States could draw arms when necessary, which would be a sufficient exercise of the power to proVide for arming the militia. 3. Congress having power to provide

for governing the militia only when theyare in the service of the United States ; and the authority of training them belonging to the state governments, the committee have not deemed it proper that Congress should prescribe the time to be devoted to training, or the manner in which that object wid be best e fleeted. It is the duty of the state legislatures to enict thenecess ry laws for that purpose. The committee deem it a sufficient exercise of the power to provide for disciplining the mi. iiia, to direct the appointment of the necessary oiTicers, to prescribe their duties, and to provide a ystem of discipline, comprehending tocamp duties instruction, Held exercise, and field service of the militia. The committee arc of opinion, that the regulations for calling forth the militia may remain substantially as at pie-sent existing : That the President should, in all cases, address his orders immediately to some officer of the mil ia, and not to the executive of any state, The governor ofa state is not a miiitta office?, bound to execute the orders of tue Pre si-'

dent ; he cannot be tried for uisobedLnc of orders, and punished by the sentence ofa court maiaial, 5. In providing fir governing the militia in the service of the United Statesit has appeared to your committee, that the senior class might be exempted from being marched out of the state to which, they may belong ; that the junior class, composed of ardent and vigorous men, the efficient force of the nation, should, when called into service, continue therein some time after having acquired the knowledge and habits ot soldiers ; that the officers should by their own consent; be continued still longer in service, as military knowledge principles and habits, arc most essential to the officers w ho are the soul of an army. It has also appeared to your committee, that thosoprinciples would be best acquired bv theofficers of the militia, in serving with officers of the regular troops on courts martials, for the trial of offender! either of the regular troops or militia. 6 The compensation to the militia for their services, consisting of pay and alio.e for clothing, and of pensions in case of disability by wounds received in S the service, the committee would allow to remain nearly as heretofore fixed bxA fcavs law. p The committee, acting according tor the foregoing principles report a bill to provide for organiziug, arming and disciplining the militia ; for calling them into the service of the United States - for governing them therein : and for compensating them for their services.

TRADE OF SAVANNAH.

t . om tnc atii dav ot december. 1317.

to the 26th day ol' January, 1313, thirtyseven thousand bales of upland cotton have arrived in our market--of this amounth, thirty-three thousand b:des came down from Augusta. The balance in waggons, Sec from different parts of the state e r.re not at thi time enabled to state the exact number of bales of sea-island cotton which have been sent to market it must however b considerable. The valuation of upland and sea island cotton brought into our market for time specified above, trill fall very little short of 5 millions of dollars. A publican.

MONEY WANTED. " THE subscriber intends starting for Philadelphia about the middle of March next as he c innot go without money, he hopes and earnestly solicits his friends and customers, who are indebted to him, to call and enable him to go on, as without it he cannot renew his assortment. N. B. Furs will be taken ns Cash. ARTHUR PATTERSON. Ftb. 21 1 2-tf

Knox County, DAVID BOLAJfD, P'u;n::Jy

ABU AH RROWX Dfndant.

Domestic Attachment. ON the 1 fth day of Mecemlx r last, c writ of attachment was issued afcainst the goods, chattels, rights, crediai and monies of t! e al ove defi ndant, which writ has been returned with the follow. ing endorsement, " legal service made, and W. C. Vandcventer. Join MversWin M'Intosh, Mrs. Oneille, Samuel Them David I ollins, Hagh Kelly, Ji o B. Mropes, J C Reiley end Geal. V. Johnston, summoned as garnishee Th Colman const "Now notice is hereby given to all persons concerned, that further and final proceedings will be had on said attachment at mv office on Saturday the Hat dav of March next. February it. 1 1 5 w ' 1 11 - i.i - m Wrapping Papert 4LMANACs for sale at 'his Office