Western Sun & General Advertiser, Volume 9, Number 38, Vincennes, Knox County, 22 August 1818 — Page 2

FUlt Mil ttlTtRM SI N. M Sror r. The agitation of the pubtf mind, which has been produced by a recent circumstance in this state is a strong and permit me to Vkf a gtori ci evidence, of a jealousy with which a free people views palpable violation of lew by a public officer A jut regard to public morals, to the principles Upon whit h republican governments are found d. end to the sacred rights of the people demand from public functional rjesJri whom power is delegated, that it 8h uUI h1' xm- ised uprightly and honJfct v,arvl with the sole view to the hap he-JNfl welfare of the community. flow far the recent let of our governor Mil! correepo id with these principles eve; y on ! m ry ju Ige for themselves) from the exposition which 1 shall endeavor to make, and which so far as l am Informed) 1 believe to be 1 rally correct. The case stands thus Some twelve months kgO Mr Blake id Mr. "uckner, were engaged in what is fashionably termed) in u affair of honor or In other words,, a Dttel. After the affair had ended both

Ofth ii were so sensible that thv foi felted the right to pursue their professiOtis as lawyers hi this state, that they patiently waited until the legislature should convene, in hopes that that body Would relieve them, by repealing or moifving the law which imposed the pen eYpon the act they had committed dV' prescribed by this law is in sub : . i. u., r .. . . . tctma mv u u u ovim e eine; mu oil his office swears, that he lias not directly or indirectly been engaged In a duel s ice the passage of the law on the subject, and further that he wiil not be, during the term of his holding his office Itc, 11 the officers of the government h tth civil and military, are directed pre yioustvto their entering on the duties of their offi e to take this oath which is made condition of their holding and cxcreisin their resp ctive o'lices and SO anxious were the legislature to put a stop to a practice prejudicial to the happiness an 1 "o I order of Society, tl at thev reftui' ed even lawyers who are the mere ministerial officers of the courts of jus tice and entireiv unconnected wuh the government further than other eitieens ihoutd take this oath likewise before thev be permitted to practice When the islature met, messrs. niake Sc Ruck-

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ner, knowing that they were excluded frotit pactisln$ by w hat thev h id done, and w'shing o pursue their professions in tii ; si ite petitioned that the law might bv repealed, or so modified ns to permit them to be reinstaed in their former priv l pres. Theirlpet!tion was rejectedkwhe t h i proper!? or not is none of my business. Mr Rl ike, not satisfied however. With what the legislature had done, brought his ease before the supreme court, the hi :hcs? judicial tribunal of the State, on tho troun 1 that the law which he had violated was unconstitutional The court after hearing argument, and giving the subject that consideration Which Was due to a constitutional question, unanimously dt cided that the iaw w as i constitutional, 8c coosenoently that they Could net afford the desired relief T'ne governor however, thought proper upon a vacancy In one of the circuits, to ap

point .Mr. Hi ike the 'residents the law u linethe refusal of the lepiO iture to repeal or modify it and the dei 'imou of the court that it was constitutional, to the contrarv notwithstanding. If the law is constitutional as it recr Is attorneys, it is equally so as to the ! ff tiwMtt officers of the governmcr e consutuiion is snem on tne sun ex clause, which is the si lect. of i V:h ut the words nf wbtrh r& 1um,1Ti who shall he chosen or appoTnTed toany office of trust orpmfit under the suthoi itv of this state, vhall be fore entering on the duties of sid office, take an oath or affirmation h f re any person lawfully authorised to administer ostha t.i support the constitution of the United States, & the constitution of tHs state, and nlsn an f The plain and obvious roesninif of V is cl use is neitnei more nor less, than when a person is chosen t hold in office under the state, he must fiisi'iviu take sn bath or affirmation, to support the constitution of the U. States as VH! as of tl is state, an I the mere o tth of office allu led to in tth- article pi t '. h t: f. r t: c le rislaNlf ores under whatever llmiI ti - I rest si hev m v think proper, to ensure the faithful discharire of the duties required, ind to preserve Ihrou rli their officers the public morals, so far as the obligations of an oath en do so. The decision of the supreme court v as on tSe s;h ci d. i isulated caM before them, and in saying that the law was con atituti iiai as it regarded that case, It by no means Gallows thai their opinion would have been different had they to decide on the eligibility of a judge or the gov crnur, il cither had violated the 1 r i

fact, the reverse of this proposition may fairly be deduced from the premises ; for their having said it was constitutional in one case, impresses an almost Irresista ble conviction upon the mind, t.iat it was thetr opinion it would be deemed so in every ease where a question was made of its ronstitutmnality. Ti "Y y the legislature has passed a lawmBinp; such severe p.niities an I rcBcnons upon duelling is the same 1 presume as has induced several of the other States to do it : it is to put an end to a practice not only immoral in itself, and highly injurious in its consequences to society, but is perhaps productive of more individual distress than any other. Every expedient had hitherto been tried to arrest this evil ; and at lat the effica ClOUS one has been fallen on, and w hich has been adopted bv this state, to require the total abandonment of the practice, as the only means for individuals to obtain civil, military or political distinction Passion and false honor have in most in stances yielded to ambition) and an evil is nearly remedied, which lor centuries had produced such misery and distress, by this simple, but happy expedient

The constitution lias wisely given to the different branches of the government, distinct, separate and independent pow erj It has made it the duty of the le -islature to pass laws of the judiciary to expound their meaning snd of the executive to sec that they arc carried into effect. After a law is passed it is not competent in any of the constituted authorities to declare it unconstitutional except the judiciary. The governor cannot because i.i the language of the lawyers he is estopped from gain Saying his own art, he having given his assent to it when it was passed If then a law is in force declaring that a violation of its provisions operates as an exclusion to holding any office whatever in the state, can the governor appoint the person thus disqualified to an office without a palpable violation of his own oath of office and of the law itself? 'o man in our country is above the law, and God forbid they ever should be And must not the man think himself above law, and every moral obligation "Which should bind the consciences of men. who is in listed with power, and will deliberately k wiifully disregard a law, that is made his bounden and sacred duty to protect anil enforce, when necessary ? What has become of the good old fashioned sentiments of pure, sacred and uncorrupt llbertv ? Are thev so soon leaving our infant state, after thinking we had so well guarded them by our constitution ? Are w e tamely to suffer our rulers to violate laws at their pleasure) to answer their own views, and punish our citizens for venial ae idental and frequently immaterial infractions on them ? As for the qualifications of Judge Blake to discharge the duties of his office, it is not my ob ject to investigate them He mav, ; s far as I know, be as comp tent as any that would accept it. But if he Were a learned and profound a Judge, as the Chief Justice of the U. States, I should object to his being appointed under the circumstances in which he was. This case does not without ample cause, excite the alarms of the people ; for once establish the principle, that an officer, whether he be hurli or low, can at his pleasure, violate a law with impunity, then farewell to those golden dreams of public happtnestS which liberty, prefect ed by i) laws, promised to insur-atht Irts and liberties of the peoiHe JKic lined at the shrine oi ambirVfTu. rights sac surpation: ut, Air Mout, is mill hip remeuv r es i minx mere is; mat ST . a . 1 genius ol iioerty wmcn mspired our ta rf a thers to achieve self-government, to sa Cfince everything else to obtain the in estimable boon that genius ui vet come with healing on his winga1 and point out the remedy' for the evil we complain of. SIDNEY. Yr. Printer, LIKE mai v ,av otiiB 1 came to this countrv poor. buTHu. arde nt w ish to better my condition, i, was "V on i a to resort to nam laoour tor a subsistence. Out of my earnings I had laid up sufficient to have entered I handsome quarter of land upon which I had cast a favorable eye and which I thought would have made me comfortable the remainder of my davs. 1 was informed that there was a rrcat distinction to be drawn between money, Sc !ur:d 'tjfice money. Requesting information from a respectable neighbor he put i to my hands a certain list of Bankjie ivtcs , f w;ii h he tV.d me the u'cr ot public monev w.'.s ii structed by U.e k v . iit r 5 retary of the treasure to receive th

was all I wanted I went from neighbor famation published in last evening's Onto ih igl hor exchanging my notes for land tinel, be almost a stranger here, as I be office money from one I received three Lieve, be bod better prepare himself with dollars, fiom another t no, and from a authority, and be certain of his man, for third cue ; at length I found I had no it may be considered, and truly too, ra

other paper but the bank of Kentucky and its branches, bank of Cincinnati and Miami exporting company. My heart beat for joy, when 1 found I had so far accomplished mv purposes ; for now 'said I to myself that noat little quarter of land for which 1 hae res istiV many gratifications anil for wi.ic.aj Sun c toiled vo a hard shall be mine ! V"" Some of the inhabitants ot irfreTrr.es will recollect seeing a poor traveller enter their Village almost exhausted with the heat of the weather. Arriving in the evening I sought refreshments! repose, but before day light next morning I left my bed and waited with the utmost impatience for the opening of the office ; at length I w as enabled to make my application and after being politely instructed by the Register in what manner to proceed, confidently ascended the steps of the receivers office, exhibited my roll of bank nou s, and silentlv waited til! my receipt could be made out. Mr. Printer you can r.o, you cannot imagine my surprise snd dismay when the papers were returned me. and I was informed that tliev took no such monev in that of-

ice ; what 1 said I taking out the list which my honest neighbor had given me, Were you not instructed by the seen tary of the treasury to receive the notes oTthe banks included in this list ? Sir, said lie, avc have received fresh instructions not to take any notes under the denominatfon of five dollars In the anguish of mv heart I could have cursed the Secretary, and execrated all the officers concerned in thnt Department but, Mr. Printer, I said nothing my heart was too full I retired pale and dejected ; have returned to to the country and beKan to re-ex chancre mv paper which I shall perhaps be able to accomplish in a few davs, arid then, if the land is ' entered, and tiie secretary of the treasury Ins not changed his mind I may be able to obtain a farm in this country. Mr, rinter, my neighbors sav you are aman of good information? anethey seem to think there must be so-e mistake in the orders and counter-ordet s ; it appears to them rather ridiculous, there fore'' thev desire me to ask vou. whether the secretary of the treasury did give directions to the receiver of public money to receive the notes of banks included in a list published in your paper some months since. Whether the secretary has gitcnorde.'S sii re, say a few weeks back not tWreceive totes of the above banks unfltnfe denomination of five dollars your answer Will direct me in my future communications upon this subject. A LABORER. mr. stout, I have been accustomed too long to the unfounded and malicious abuse of certain ( orrupt Sc designing men, to be moved from a sure ground by all the infamous denunciations thfij can utter as men I fear them not as knaves and im posters I dispise them; and the man who would jude,e me by what such wretches say, I care not for his judgment. It is by their actions I judge them, and for myself, I ask no other test. In fact, w hat I was all mav easily be informed ; what I am, all may easily know ; and what I occasion ally sav, all who hear it, can jude there fore I cannot stoop to defend mv srlf in a public cause. When I wrote th piece in vouffafr

i - men who mijr.ht take umbrage for truth thev hate it is the physic thai destroys their poison. Yet I had no expectation s-4 discovering their false and deoraved - advoc; ate, publicly resorting to t 'ne most base and unmaniv calumnies for a mo0 mentary defence ; and I cannot now refrain giving him the Hr direct to the declarations that I am a renegado from my c untry an enemy to its liberty the eulogist ol its oppressors. I not on sit pronounce this to be false, but 1 athat the man who would apply such lah guage to another for uttering his unbi assed and uninfluenced opinions, must oe lumsed a villain'. " When tlie lii ei tur of a nre-s attemnts to impose himself upon the peopl free, Sc both he and his nress are hound e as in fetters, or like the nominal editor of the entinel ftrr tend to prmtanewspa per for the benefit and information of the people, yet is clearly discov ered to be only intent upon base party schemes, and manifests a perfect willii.w-m ,to sacrifice the character, freedom, i:itVrl and laws of the people amongst vvrSbin he resides, it surely i time j expjc his nefarious endeavors, lest a portion of the people he unwarily imposed upon. This exposition I have commenced, and it shad be continued. If the author of the unfounded abuse, and shameful de-

I was well aware of tU: few imp; incTWekv!

thersocn for an emigrant of but a few months residence to become the further er of infamous parly schemes, however moch he may have mingled in party elsewhere. Next week all I have heretofore said shall be clearly elucidated-! v. Ul then leave my fellow ( itizens to judge whether Jennings's Cent had, and its present abettors, arc, or are not totally unworthy of any reliance, and whether its edits f can merit ought but the scorn andcciision of a free and virtuous people. I cannot occupy more of your valuable paper now, but in conclusion will declare myself responsible for all 1 have w rote, or shall write and that I will in due time let the people judge the mdivkUtel to whom my present remarks anplv. LRU iL 3. POPULATION OF ILLINOIS. The uaskaskia (111.) Intelligencer cf Aug 5, says Wc have been informed by the committee appointed to examine the returns made to the s- crcuaj'office, that tne sctu d p pulation returned, (with the addition which has been rtsade

since the 40,268. " 1st oi u;a;) amounts Mc MILLEDGE V iLLE July L A gentleman who passed through the Creek Nation since the general met tine; of the Indiana at Fort Mitchell) on t?e ?th ult. informs us that the Agent baa succeeded in making amicable arrange ments with them, for the destruction of the Chehaw tillage. We also learn that during the council, tl e Indians agreed to abolish some of their savage customs and constitute others less barbarous. It is sai 1 the Indians conducted themselves with much propriety during the whole meeting. R fCASTLVGS. JOHN Mc.GIFFIH E f.spkctfully iniorms lnent's and the public in general, that he has just received m addition to his for us lor mer stock, a large quantity of C.f.SY.V.'N. comprising a general assortment cf HOLLOW WARE, also a few setts of MILL IRONS, fc All of which he offers low for cash. Vincennes, July 23, 1S13. A LI. tliose indebted to the late firms of ffarfoto c5 Trimble, and John Mc (iiffin 'cf C are requested to call and settle with John Mc.Oiffui before the 15th of August, all unsettled ac counts after that date will be put into the hands ol a proper Officer for lection. J. Mc C; Vincennes, ruly 23. 3 i-tt HAT MANUFACTORY. THE subscribt r respectfully ir.formc his Friends and tne publick in gcr.cr that lie continues to carry on the HATTING BUSINESS, in an its various orancnea at n;s s on Main Stbbet, in Vincennes, whert he has on hand and will at all times keep an extensive assortment of Fashionable Hats, which he will warrant shall not in po:, of elegance and durability, be excelled u- anv m t:ie ;.,teu states, li s i.nce iL . - t . . i shall also be as low as Hats of the same quality can be procured elsewhere. He. returns his thanks tn his nld rnrc for former favors, and pledges himsclt that no eflbrts on his part shall be want ine; to merit a continuance of their ptronage. RICH'd.T. PRICE lOOrdcrs from a distance thankful! received and promptly attended to Januarv 30th, 1818 e tf EN I'EHTAINMEN' Fra n c is C Ui n n i n a m 1 HAS opened a House of Entertainr nt, at the corner oi Market &c frFr" Srs, in the house latelv occuPcd by Joshua Bond, v. hue he hr,p by attention to business, to ieceiv! POron of public patronage he assures them that no exertion on hii part shall qe wanting to merit u. 43 tf Vincennes, Sent. 26. 1817.

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- - - 'iLtHBI.VH. MOORE. 4k L ATT'.:::; Y AT I. iu

VY ILL in futnrc practice in the conn ties of Clark, Washington Jackson, Orange, and Harrison ; and at Vincennes. (Major Floyd bavin:; been appomirdr - . t'the middle circuit ; their partnership is of eoarae dissolved. ) lit. will alto practice in the Federal and Supreme courts of this sUtc. Those wish ing to consult lam will call at his Office in Coryuon. Oct 18, IK 17