Western Sun & General Advertiser, Volume 12, Number 40, Vincennes, Knox County, 3 November 1821 — Page 2

iuper n;ouv Can he be required to re-

li.iipiisli ttiut security m otc. i .ai no may become emitted to the benefit ot this i.c v created right, to have execution J -te suc'i invetuious every cous:itu:ional liiu m.iy, in succession be bartered away. Coosti utional rights ate vested, unexchangeable and una. u table. They belong to posterity as well as to the present genci anon. We may tue and enjoy, bm mt transfer them : and every such condition is utterly void. It exvcution Can be suspended on auv condition, then the legislature has an absolute power to suspend it forever. How easv is it to invent a thousand conditions, with which no ma in bis senses would Comply ? If the right is newly created and the condition void, it must vet without the pet formance ot the eon iition, and the resui is, that, if the right be antecedent, suspension is an uncoustitulion penally; it it be iw v ere ued. the condition is unronsti tutiotnl and tlic right vests absolutely I,, . : , niei native, tne endoi semcnt r.eed not bo made I his conclusion fellows upon a correct iiVciprouuion of the clause prohibiting tender taws It equally foltoa a just interpretation of the sentence prohibiting laws to impair the obligation of contracts Co tahed in art. 1st, -cc 10, of the eon stitutlm of the U. States, and in art. 1 1 6ec. 0. of our bill of lights. A grant m vdc by the state, bang an executed contract cannot be revoked bv the leiris

tature if pursuant to a law made by them

a I

this point is so decided in

Fletcher vs. Peck. With rcsoect to ex

ccui.mv contracts, it will be a I nitted, without controversy, that the terms and conditions of them, cannot be in any respect, altered or interfered with by the le

gislature

The time, place, person, or thing to be done cannot be changed by act of assentlily. Covenants sometimes by ex post facto circumstances, become unreasonably burdensome He that covenants to pay rents for premises he never enjoys, b, ine accidental burning of them must, nevertheless, pay the rent. A man agrees to perform a voyage by sea under a penalty, by way of stated damages for iv t-c.om.di nice, and he is hindered from Cm exact cmvV.nnre bv adverse wind, Still he must pay the penalty. In those, a.iJ ail other eases of contract the legislature cannot interfere to make them more just or reasonable than the parties b -do them. For thus no contract could be made, that the parties might dcpe.... .hi. for fear of the new modelling intei position of the legislature. Thus fails plain ; but still the question remains, is the suspen sion of execution within the prohibition ? Does an act o suspend execution impair the obligation of contracts made before v ? W hat the obligation of a contract is may be discerned by considering what it is that makes the obligation The contract alone has not any legal obligation, and why? Because thert is no law to intorce it The contract is mail, by the parties, and, if sanctioned by la , it promise to enforce performance, snould the party decline performance himclf. The law is the source of the. obligation, und the extent of the obligation is defined bv the law in use at the time the contrrct is made. If this law direct a specific execution, and a subsequent act declare that there shall not be a specific cxecuti n, the obligation of the contract is lessened and impaired. If the law in being at the date of the contract give an equivalent in money, and a subsequent law say the equivalent should not be mo nev, such act would impair the obligation of the contract. If the law in being at the tlate of the contract give immediate -execution, on the rendition of judgment, a subsequent act, declaring that the ex

ecution should not issue for tTo vears,

would lessen or impair the contract c qually as touch in piinciplc, as if it sus

pended it forever ; in which latter case,

legal obligation o' tlic contract would be wholly extinguished 7'he legislature

may alter remedies ; but they must not,

eo far as regards antecedent contracts, be

rendered less efficacious or more dilatory

than those ordained by the law in being, when the contract was nude, if -uch alteration be the direct and special object

of the legislature, apparent in an act made for the purpose Though possibly, if

auch alteration were the consequence of

a genet al law, and mere I incidental to it, 'which law bad not the alteia'ion lor its

object, it might not be subject to the im

putation of constitutional repugnance.

The legislatuie may regulate contracts

ot all sorts but the regulation must be before and not after, the time when the

contracts are made. Our stale constitution, art. ! I, sec. 7

ordains, That all coutts shall be open, and every man for an injury done him in his lands, goods, p rson, or reputation, h all have remedy by course of law and itfht aud jujtice administered without

fiatc, denial or delay.0 This clause reia. i ev ly possible injury which a mat may aUaWin, and winch arfecis bim o respect to nis leal ot personal property or in respect to his peison or reputation, and includes tbe light, which is ves.co in turn, to demand tue execution ok a contract; wnich, bving a peisoual right to a chattel, is when pt iormance is denivd or withheld, an injury to him in his goods or ctiatteis. Aud with respect to it, light and justice is to be done, without sate, dental ot delay. In magna charia, tiiis restriction is upon royai power; in out

couutiy it is upon Ugismtive, andai o- ! ther power. We must understand the ; meaning to be, that, notwithstanding any act ot tne legislature ot our coumr), every man shaii have right and justice" in all cases without sa.e, dviiial or delay.' In 176 when the constitution was . formed u could not have been apprehended that any oner department of government, excopiiliat of the iegista u:e would ever have weignt enoUgn to offer am obstiuction Experience from 1777, had, fuuy demonstrated the imneciiitv ofeery j executive office in the U States From j the executive, no such offer could be an- j ticipaled. in 2d institute. 55, my lord i oke says, tne king is the speaker, and m contemplation of law, is constantly pre

sent in all his courts pronouncing the j

words f magna chart, 4 A ulltw ndimus,

nulli nrgabimut) aut dijferemu justitiam

vet rectum. In Tennessee, every legy

lature is m contemplation of law duiing

the whole sjssion, and the judge of eve

ry court during the wuoie term, m the

constant repetition of tue words i right

Sc justice must be "administered with

out sale, denial ordclav " Iu 2d institute

56, justice is said o be the end and right

me mean, whereby we may attaiti the end, and that is the law. What that mean

consists in, is more specially explained ,

m u'hvan 523, where it is stated to be 1 original and judicial firocets. Original process, be says, must issue without price, except that whirh the law fixes.

and without denial, though the defendant

be a favorite ot the king or government who interferes in his behalf, and must be proceeded on by the judges after suit instituted upon it, without delay, themselves, or by order of the king, or, as we

say, act ol the legislature. And tne

judges where the causes depend, must

issue the proper judicial process, without tee or reward, except that fixed by law. In other words where judgment is rendered, the judges shall cause execution to issue, not withstanding any order or act of assembly, or other pretended authority whatsoever. This is the long fixed, well known meaning and legal construction of tlic words, right and justice, without sale, de nial or delay. They clearly comprehend tlic case of executions suspended by act of the legislature in every instance, w here justice requires that it should immediately issue ; as it manifestly does, where the law, operating upon the contract when first made, held out to the creditor the promise of immediate execution after judgment. Thete is yet another part of our constitution which some suppose takes from tne legislature the power to suspend uxccution. hy our biii of rights, sec. 2u, no retrospective law, Sec. i bis clause, taken in its common and unrestrained sense, extends to ail prior times, persons and transactions, whether cival or criminal ; yet, certainly, there are some casts coming within its general scope, to whicn it docs not cxteud It does not extend to cxpost facto taws, for they arc prohibited by bill i rights, see. 11. It does not tx tend to a law for extenuation or mitigation of o!Vcnces, the remission of penalties or forfeitures. A present law may repeal a former one, or may enforce a contract heretofore made ; or inuy make , eidence a paper authenticated according to its directions, which was not evidence j before, may suspend computation under I the act of limitations for .t certain time . past, during which a war cxUteti, or no courts were in being ; nur are laws void, which give further time lor the legislation of deeds; nor for the disallowance of land warrants unfairly issued ; nor diinrif Invvs : nor la us iinikinir allow iHirr i

to members of assembly, their clei ks and doorkeepers, after the strvicc is performed. That the term retrospective, has a verv restrained mcanincr is abundantly teitiiied bv the conduct of subsequent 1c gislaturcs and of the judicial tiibunals of the country In February, 17S6. the legislature gave further time for the legislation of .deeds, and made rcgistiations under it as good and valid, to all intents and purposes as if ucb deeds had

been registered in proper time Simi a. laws have been made in 1801, 1803, 1805 and almost at ihc expiration oi every tw: years These acts have been ficquenth held valid by judicial tlctei initiations.

j The acts of 175, chaps. 14 and 43, sec

4, ch. 45. 1799, oh. 35, iec. 2, ch. 10. 1798, ci.. 47. i80l, ch. 19. Uu7, ch. 5, ate all ot them retrospective, in the oust general sense ot thai term , but t.uy are all of unquestionable validity Ami what are the laws of 1801, ch. 24, 803. ch. 25, 1805, ch. 4 for confirming administrations granted Sc marriages sotem. istd under the- Franklin government, and for giving old verdicts the force and effv cts of judgments entered upon them ? In short, so many are the past transacti ons, upon which the public good requires posterior legislation, tnat no govcrnmtnt can preserve order, suppress wrong, and promote the public welfare, without the power to do so. It is not withheld from any of the state governments, unless the present clause be an exception. Nor does the genius of free government demand that it should not be excicised ; as it does ttiat the legislature should not have power topass an cxpost facto law ; because, with tliiTt-mjHic, a dominant faction might wpreail destruction through the ranks of its political adversaries. C To be continued.) A. S CAMPBELL. & Co. HAVE just received, and row opened and for sale in tlic house formerly occupied by Vm E. Breading.

AyGHNERAL ASsOKTM K NT OF

Dfj Goods awl Groceries

AMONG WHICH ARE

;o riLs&sriNi-rrs,

CALLK'OKS, assorted

1JOMB ASETTS, assorted

Cotton SHIKT1NG & SHEETING, Cotton PLAl) & STRIPES WHIFF ") YKiiow JFLANNEL Steam Loom SHIRTING IRISH LINN EN A General assortment of QUEEXhWA UE. DRAWING IvNl ES & X CUT SAWS NAILS, assorted IRON and CASTINGS TEA, COFFEE, & SUGAR POWDER ix LEAD CANDLES RED C ORDS & PLOW LINES And a erv general assortment of Ladies, Gcntlciiensund Childrens SHOES e'e HOOTS SALT, WHISKEY, FLOUR, bv the barrel LOGWOOD, FEATHERS ' And a number ot oilier articles, all o! which will be sold low lor cash or Ikcswax 37 4t Vinccnncs, Oct CO, 1821.

J 40 i dollars Reward. TRAY ED or stoien irom the subO scribe r two bORREL MARES me a larc dkely marc, 16 bands liigh, six years old, a small jtar in her lorehead, right eye looks muddy, a small car on

her nght lore le. large feet, has never been shjd, had on a small bell fastened with a rope. I be other a two year old colt of the former, about 14 hands high, veiy short mane, the hair has been rubbed T her tail, a snip clown her forehead. 'I he above iil be given for the creatures il they arc stolen on the conviction of the thief, or S'2u for the crcatu. es alone and all reasonable expenses paid if brought home. I IIOiAS GOODE. Wayne county. II. Nov 2, l2 jj TATEBA.K NOTICE. FIT V , E bvjuiu ui Duct tors of tne Biai.ch 11 ank win meet in Paunvra, on may tbe 12ihclaot November next, lor the purpose ot icceiviiig applications tor Loans, tiom such of the citizens of Edward, Wayne. Lawrence, Crawford, and laik counties, as may appiy Applicants will be requited a govern themselves by the line t s.d'i Rank as publistied in the Western Min, at Vincenncs, on the I8tiiut AugUbt last.

v oniei of the B au: ot hectors,

EDWARD H.P.PER, Pica. almyra, Aug. 23, ibJt.

AS sonic of i . i j. .'K i s above referred

I 4 to may be nu?:''.; -u-ii, and as applicants geneiuuy apptv Minis not exeecdin one huiidieil doliuis, 1 will i ere give the form ot the note or notes requited. " Twelve months alter date, we jointly anil jcveraily, promise to p.y the President and Diitc.ors of the Stale Bat k ot lilin i", or order, (fort tic use ol the pio

pie oi said state; dollars, pava-

B.9R-IR0X& CASTINGS. mm :o: JAMES & Mc ARTHUR. Manufacturers oj Bar$ Cast-Iron A AVE opened a store on Market ' U street, Vinccnncs, where they-in-tend keeping a constant supply of the a :ove articles. They have just received fiom their Iron works. 20 Tons BAR-IKON of supers or quality. including

1 I ITr II "1 T i I T TV

WAGGON TIRR, d MILL Ml'lND'LES, AX, & HOE Iton,&c &c. ALSO, 20 Tons Castings, AMOXG WHICH ARE 700 10 is Gallon Kittles, . 100 15 do. do.5020 do. do. . And a general assortment of Hollow- Ware, Very light and handsome. All wnich they offer for sale by Uc mal or luigt ttvcntuy2rt duced priceX mf.rchants in the country will hac; aan opportunity of purchasing upon good trrms, and selecting fiom tbe bat assortment in the western country. 26-tf Vincennes, July 1821.

TAKE KWlCE, 0 HIIAT I have this day deposited in 7

8 the hands of the County Tieasurer

of Knox county, the sum of 7f cents, in specie, beinir the amount of ts6

ou my lots Nos 58 62. 77, 74, 99 100, 103. K:6 113, 126, U7, 140, 142, I45t and 152, in the Donation. Knox county, for the year 1820, U. the premium there on, agreeably to law ; having been purchased by vou on the 4th of Nov 1820. JAMES AM'.OTT. Knox county, la. Oct. 18, 1821. (J. 11 C. Sullivan, " ATTOr. N EY S; CO UN CELLO It AT LAW)

l)laccc in the first Judic i

V V Circuit, oi the state of Indi and in the counties of Crawford and ',

wards in the state ol Illinois. He may always be found at his office in Vinctnne unless when absent on professional busi ncss he has made an agreement, for business forwarded to him, in his absence to be attended to. 5 I tf.

AUCTION.

TRUSTEES SALRr-

W mm

TN Monday the 5th day ol Novere?

H p next, at tbe bouse adjoi inj; the store of Samuel Tomlinxon, all the remaining STOCK OF GOODS assigned for the benefit of the creditora of Ovrcn Ucilty, v. ill be sold to th highest bidder for ( ash. SAMUEL TOMLIXSON, ARTHUR PATTERSON, 'Trustees. October 26, 1821. f9-3

bb witliout dtlau aiion, at thcii planch

uank at Palmyra, Uv value rccfcitedWitness oin hands and seals this clay of . HOWARD H PIPER. BEEKs WAX IVAXTEI FHIh su:)ertoci lut iKt'jitM marL k el uric e in cash f r hets-wax.

DENMESAYUE. iius 11th An;:. 2- -f.m.

v few coppies of the CONS I1TCTION

oi Indiana, ter bale at the Suu oliico.

k-SL

50 REWARD.

i t AN A WAY from Sheibv countv

Plumb cteeb, Ky. on the 12th f inst. a bright mulatto man by the name of x" A ED,

about 32 years of age, about 5 feet 5 or

to inches bieb very straight made, an

rather raw boned, one of hisfmccrs ncx

.. I - I? . . . c . . . .

10 nis nuic nc is tusiiutca and a Imlo V twitted towards the end, he has also a.

sinaii sore on mc nac:c ol n:s bead, and a. nioic between his eyes on the nose ; ho cariied oO with him a blue ic utded check factory coat, and a white pair of pantaloons, and yellow nankeen pai; ; it may be vell to recollect that thu man ia very fair, and at a short distance might not bv known from a white man, but when l is hat is ofi it bhows him more particularly ; he has fierce, keen, black, eyes, ai d cry little beai d crwhiskeis He s'ole from me at the same lime a dark bay horse, about 14 hands high, 8 or 9 eats old, has a small star and Miin. nnrt

on his withers two small scars where ho was burnt for the fistclcvr, the tip end of his left ear is (!T. and is a very Koo4 woi k horse This fellow was seen in the neigbbouthood of ?eola, lid. I wi'.l gne forty dollars to any person v. bo will

i sicuicint teilow ln UIlV jail o that 1 get - ' him, or fifty dollars for the fellow and

noi sc. STILWEI- HEADY August SOtb, 1831. 3W-fim

) i 4