Western Sun & General Advertiser, Volume 9, Number 45, Vincennes, Knox County, 10 October 1818 — Page 2

f OR TH NVF.UF.UK SUN. NO. II. 7") hi fizccl'eticu J. Jenntyr SIR,

Yoti no douot from tv last, expert

ain to notice yo i ; though I n w

V t 1 II ilk l&Vkl . . .

en 10 your excellency i w mj

wWNyrimnuloii. to use iukkc oi an

our errors in 1 i npcrfecti ns ; vet, dia agreeable U it is to me, I mut once TiHj.t notice s me o! tl em. 1 Tn a du V I owe m s c 1 1 the laws. Hid above all, the constitution of our State ; and sir, ts l du y I o-ve you from UiQ ofikc you are Li. as well as evciy other cilisen of the iate,to warn you of dinger i and guard Vow f.o;n y0U1 cnenK: ; a I i speak freely of your merit ; end openly to oppose you vhen you are in the wrong : that the tW9 and constitution of our state may I preserved, and t:e people made acquainted with your administration, and Knowing to your acts The constitution of our state rot yet cold fio'Ti the hand ol Its framers, of who n you Were One, and the laws exac tI I i)nce i's adoptl n whether good or bad, OUghl to l)C supported, cheiishcd iind strengthened by you from the ofnee ou have been plat t cl in, and v atehed with vigilance by the citizens of the State, for upon their observance rests the Safety, tranquility and liberty of the citizens. The best of constitutions and laws are useless if not attended to by those whose duty it is to protect, defend and observe them ; and the cxecutive ought to be the last man in the pneni?ltnto violate an established law more p,ilUaHy, when he had approved and snMrit Then let me ask your excellency if you did not approve anil Sign the act more effectually to prevent duelling and did you not sign the con StitUtlon of the state of Indiana as Presj Unit of the convention ? u )ti did ; and have von not violate 1 both the constitution and the act to prevent duelling I answer for you, that nu have ; & 1 fear lKt previous to the next gubernatorial election to convince every man in the government of w hat 1 tell you. If you have done it through ignorance, you are deserving of mercy, but if you h ive done it corruptly, you certainly ought to e peel the f rowns and indignation of every www who is a friend to virtue and truth 1 say then sir, in order that the constitution and laws of the state may be equally respected by those who govern, as by those a ho are governed, it is the duty of every citizen to be watchful and tenacious of his rights and if an officer Whose duty it is to preserve and keep sarred the Constitution ami laws and to give energy to thejn, will assail the one and trample the other beneath his feet he Is rendered guilty of s capital crime against society and if he be high in ofn e, and invested with power and author Ity, he adds to the crime a tyiankal a USe of power ; and sir, the citizens Ought to suppress him, and withdraw their support. It is not to be expected that a governor of the state of In liana, whose ntiaens a.v as brave and independent, and whose patriotism and love of liberty is equal to the c i t i sens i f any state in the union Will avowedly and boldly oppose and disregartl tue constitution and laws of the itate ; but sir it is against silent, slow and secret violations and attacks, that the r Hi sen should be watchful; for by pva lual innovations upon the constiiution by the officers of the government

Vwith imnunitv. the citizens in a short

. r , , . 'time may had their constitution a mere

engine of Oppression and persecution, and their own rights in jeopardy, and the only means left to regain them will be to rise in the majesty oftheir strength. Let me now draw your attention to s n e few of vour infringements upon the laws and constitution of the state; I shell do it as concisely as possible and without comment, leaving it to some One more capable than myself, to point out the dam er of such conduct in an exe utive Did your excellency not, in opposition to the existing law, ami the voice f ot Jefferson county refuse to

vcommission one William McFarland as VvVrk of Jefferson count) 7 Did you not Commission a man in the first circuit, as clerk, who was not a citisen of the state, n r had ever resided ten days, nay one, when he was elected And was not vour ex i I lei cy informed of it by the first offi erof the count v, ptevtOUS to your issuing the commission r Have you not commissioned more than one clerk knowingly, who was not eligible to that offi e by the constitution of the stat ! ? I! ie not one fourth of vour commissi ems egregious rmrs in them, either in 6ao or otherwise ? What sir was your H tson for not commissioning the officers of Havles county, when that county "as first organised, and they had particularly sent an express to von bearing the returns 6f the elections of the coun

tv And was not the a; J count) of Ha VieS Without Officers tor some time owlitg to your inattention, or some other more henious cause I Let me now enquire and learn of your excellency the cause why the office of president of the fust Circuit was kept vacant from February until JuneLjEfas it not sir to favor a particular uSSal: uSj. or was it inattention to the ilut'.e-.tvwvvair office, or a total indifference to the rights of the cititent of the first Circuit! I fear, and I have good cause to believe from your conduct during the sitting of the General coutt, it was to favor the pre .cut president of the Circuit. What excuse have you l or the injury done the citiiens of the first circuit, by the want of a president en the bench at the spring term . And what have you to justify you in the appointment of the present president of the first citcu:.t I Here understand R1C, and know I am not in opposition to the present president of the first circuit, neither as a man or as a judge ; for if he can constitutionally, snd consistent with the laws of the state, hold and exercise the duties of the office, I shall be content and satisfied with him. But I should prefer a decision of the General court in regard to the constitutionality of the act, to a repeal of the law and should the act be repealed, previous to a decision haJ, shall always believe your admiiiistranon foul and con upt. X It has been whispered in your defence, that the supreme court gave an indirect or extrajudicial opinion and from that decision you considered the law a nu'.ify. Can it be possible ? I dare not for the honor of that court believe it, until I have better evidence. But if they have as a court, or as individuals, after declaring the law constitutional as it concerns attorneys, I fear they must have had a share in the juggle that produced and caused the appointment. In this excuse offered by your friends here, they hae in my opinion attached a suspicion of improper conduct in the supreme court of the state ; 'tis a blemish t1 at w ill be attached to the court until time or circumstances wipe it away. I shall now conclude for the present ; in my next I shall notice your friend Hegulus, your editors, and vour excellency altogether, as all speak the same sentiments and all your acts bear a similarity; and it appeats whatever is done by one, is approved by all 1 will therefore as it appears correct and proper, jumble you together in my next letter. A FREEMAN,

those who have went off the tafe of this tOUnUr) in silence, and not to have suffered your unhallowed breath to breathe reproachful insinuations on the memory ct d. parted souls ; ami thereby oompcl jour readers at tins time to avert their 1 eyes with horror from the man who, hai py like, pounces, defiles, ai.d gorges upon private reputation when ills not required by the principle of self defence, and Cannot be considered a sacrifice on the altar of me pubiu Who those men wire, who went off the stage of this country 1 know not, but it I premise aright I trust iheir Sou s irp wn jb loa i d i egions w here the unl.alloVea IcTt of the J' f. mid scarcely Bhyk tread they are bevond your ken in your malignit) which evaporates in air, can never reach them. In performing tee u pleasing task n Which you have undertaken u private characters should seldom be approach ed,M much lcs slu uid the sanctity of tne tm6 be assailed with the fulsome insinuations of your caluminstiftg bi tath. on say. snd correctly too, that M public character which is to be known and only estimated by measures affecting the public, I. and atl have a right to enquire into and to say where are its beautits and where its blemishes w here it should receive praise, and where it should be blasted by the frowns Sc excc rations of an honest community." Let publick characters th.cn be your theme, I and as you appear to have some talent for investigation begin with the heads t d partment enquire whether his Excellency did or did b t ftoiate his duty to his god, hiinsrlfiiu0 bis country, in one of his late JudickNhointmt snts ; examine the Constitution, see whether it makes it the duty of the executive to see the laws faithfully and impartialy executed examine the law on the sub j ct of dueling and see whether persons guilty of certain misdemeanors are not excluded from office within tins state. And it so noir whether the executive I as not violated ti e true spirit and meanl.g of that law in one of his late judicial appointments A READER.

jefof

:or.:o:-

communicated.

" Juba. Cato. I stand abash' J befol

thee.

k Cato. What's thy crime ? 14 Juba. I'm a Numcdian Cato. And a brave one too. Juba. Hast thou not heard of my false countryman Syphax ? Cato. Falsehood baud aoot up in every soil ; Even Rome has its t seaars." It appears then that it is not tijosc who were born in the land of liberty and nuttured in its soil, that are the exclusive friends of liberty or of the country of their choice, 't he virtuous Cato has

BOROUGH ORDINANCE AN OR DIN VNCE directing the manner of surveying the Commons, and prescribing the terms of sale. 1. lit i' ordained by the trustees of k? Horough of Vinet nne8yin commlrfkcunCil assembled) and if is hereby '.rtVB by the authority of the &amey Thar the Commons of incenncs, which by an act of congress entitled u An act to adjust the claims to lots in the town of Yincen res, and for the sale of the land appropriated as a common for the use of the inhabitants of the said town," approved the 2nth April, IS 18, s! all be laid off&c surveyed in the manner herein immediately hereafter designated. 2 Be it further ordained, That the said Commons shall be surveyed in the manner hereinafter provided, and laid off into two hundred lots of five acres ; one hundred lots ol ten acres ; having regard to a'l public roads authorised by law, running through the common ; and the balance of the whole quantity of ground S r . w

admitted that a man may be a foreigner in lots of twenty acres, with other Sjfa,ds and yet be a bi iveonetoo." He may and alleys of twenty-five feet in widtkinn be an honest man a friend to liberty and every second range of lots so that each to l is adopted country. Such was Juba, block of four lots will have the advantage and surh may Brutus be. Fie then of roads And as the said Commons are

Rcgulus ! If you do not like Urutus, tax him with his faults, and shew their evil bearings, but do not brand him with his misfortunes The very politic, accom-

in a zi-zaij form, wherever a fraction intervenes, it shall be added to the adjoining lot, so that such lot will not contain lvss than five nor more than fifty acres.

plishcd and liberal Chesterfield has said Which lots when so surveyed by pro

11 never make a man f- el his oj,rn late-

riority." In your attack on HrmaiTOu are doubly illiberal ; Biutus is nqUofl inferior in talents, merit or love of country ; but i as you say) he is a foreigner ; this may be a misfortune, but it is surely not a crime It would be a misfortune truly, if that illiberal dictum of the Reg ulus should pass as current, but of this a generous public will determine. Remember the adage of the virtuous Cato. i falsehood and fraud shoot up in every soil even Rome has ifs ( ea irs." Hear too, the adage of Holy writ,1' It is not all that cry out Lor I, Lord that shall be saved." And again Tf vou cnmWered it a duty for your pen to have u marked in appropriate character the conduct of men some of whom have passed off the ste:e of this country," why did you not perform that duty while those men wete

on the stage of this country ? Oif'eir-

per metes and bounds with stakes or psts secured in the earth as land marks, shall be numbered on a Plat, which shall he made and returned as herein after designated, progressively fiom one upwards, beginning at the North East angle of the Commons. 3. Be it further ordained. That a surveyor shall be selected and engaged by this Board whose duty it shall be, forthwith after being engaged, to proceed to survey and lay off the said Commons in the manner herein before designated, and return to the clerk of this I'oard, duplicate Plats thereof; the expenses whereof shall be paid by the Borough treasurer upon the order of tl e Board, rut of the proceeds oft! e sales oitLe fid Commons. And in o Vcr to rffovcNi fair opportunity for employment to arwrfJK every surveyor desirous of undertaking, it shall, and is hrcbv madr tl e doty of

tl e rhairman of this Board to advertise

cumstances of expediency and oSirn for two weeks successively (beginning

pe i i us nature whi h it is ur.imlwtanf

to enumerate l ave been a cause of pro rrastination" whv did you assume the pleasing task " at this time ? If vou should answer that a seme of duty impelled you to assume the 11 pleasing

task, a sense of shame ought to have

the present week) in the stern Sun, that separa'e proposals will be received bv htm for surveying ar.d Isying off as aforesaid tl e said Commons, until the fifteenth day nf Octobi r now er.suine wl en the T'oard sha'l examine tl e aid

proposals and determine upon the prison

cause him or them to be notified tfereof in order that bond and so ority may be entered into for a due,faithtui fcc ; lompt exa utionof the contra t or rngaw tims.it. 4 He tl further crJainedt i hat so soon as the r aid survey is completed and ntuuicd as aforesaid, the SSkJ iots, or such part tl.ciecf us this B.)aii shall ai.d may then direct, (having in view tic purposes contemplated in the aforesaid ;.iioi congress, that is to aay9 draining the Pond and the Incidental cNptnseb, (such us NUr ying ti e con.n.nons, sa e and in i. eeiing si ail be old upju tl e following terms, and in the following maniM i ,that is to sa s . One i Ighth of the purcl use mot t) sltall Le aid down y the purcjsaser at the time the lot or iota aic cr may be sunken cff. and a M:ffi. cient sr.m tumuU op the ct c fosjlth of the purchase money before the sales ct the sue ceding day cotnmci ce ar.d if this h lai ce should not be so paid the st m paid at the time of purchase, shall be forfeited to the Board, and constitute a part of the fund of the said Commons ; and the other three f- urths in annual instalnier.to of one. two and i: n tiswa, . bearing interest at the rate of snTpsr centum pet annum from the day ofifeler if not punctually paid at the peiiocis the said several instalments may become due and should the whole of the said several sums, together with the interest thereon it any should have accrued, not be paid at and upon the expiration of the third year the lot or lots winch may 1 avebecn so stricken off or purchased, shall be advertised under the direction and superintei dance fihc then ttoaul off uustees and sold to the highest bidder for ready money, and the surplus, if any, returned to the original purchaser, his hei: s or assigns The said sales shall be publicly made hy the Borough constable, at the court-house in incenncs, and knocked off to the highest and best bidder, under the inspection and euperiaUendance of two members of the Boardlue tie: igr.atcd previous to the sale, w itbfte cletk and tieasurer of this Board, who shall personally attend for that purposeand to see that the sales are in all other respects fairly conducted the said ch rk shall provide himself with a sale book, in Which he shall enter the number ard quantity of every lot sold and the perscn. cr persons' names, at fuil length, towhom they were sold ; aiso the day of sale and the sum for which each several lot was sold. The proceeds of the sale shall be paid into the hands of the Borough treasurer, who shall give to each and every pui chaser, so paying in. a rc ceipt for the sum so paid, designating; therein upon what lot the same was so paid ; a regular account whereof shall be kept in a book by the said treasurer Sc. then taken by such person to the clerk of the Board to be countersigned by himr and also entered in a regular account book to be provided and kept by him forthat purpose. Proi ided however T! at previous to any such sale, it shall be fee is hereby made the duty of the chair mass of this Beard to cause public notice to bo given in the Western Sun, the Indiana Herald,. Louisville Courier and Westerns

Spy, at Cincinnati for at least three

v ci ks successively of th

et which the sam will comiri

5. Be it further ordained

any lot or lots shall be sold as herein be foic provided for. the receipt of the treasurer, countersigned by the clerk as above designated shall be sufficient eidence of such sale and purchase ; ai d when the purchase money shall be com plctcly paid up, a Peed conveying he absolute fee simple estate in the said lot or lots, shall bv made ai d executed by a majority of the Board of ti ustees, after ' such form as they may and shall agree upon.

? If f':r'hT r rJnin f1 Tl"t rn.

thing in this oidinance contained shall be so construed as to prevent the Beard of trustees from causing to be run t: ( m;h any lot or lots, roads or alleys, one or more conduits, pipes or canals, for the purpose of draining the Por d l r Por.ds in the said commors ; and tl at in all sale or sales of lots, this clause of reservation sh all be contained and pubticly made known at the time rf a. 7 And be it further crdainedT) at the Borough constable for cring the : id sales, and the treaMirrr ?nd cleik f jr their troub'e in attending on a:.d mj rr-v

intending the san e, shall receive the m'ttV of two dollar eaeh per day, w 1 i!st sctoafs Iv engnred in such sa' ra ; to be 'd them respectively upon the orrrr of tM Bo? d of tt ustee. vwx f aw n'y .n the B ' ogh treasury srislng from t! e salr of the ip.id commons. This Ordinance si all trke efTtct and be in fctce ficm i's : n G F C ' VI LiTJJft CI i m n pro. tcfs C . TtLLLYG HjtS T, C . Septi n be? th IPIS.

at least tl re he time placeV ommence. intd That wheQ wl

induced you to pass over tlic dust of or persons to be su loed, and 4ircctly Blank iNotCS oi ILind, tuf sale-