Western Sun & General Advertiser, Volume 12, Number 41, Vincennes, Knox County, 10 November 1821 — Page 1
WESTE'i&N SUN & GENERAL ADTERT I3ER
BY ELIHU STOUT. V1NCENNES, (IND.) SATUUDAY, NOVFAiBlilt it), ihsi.
Vol 12. No. 41.
. iTMrVrtf-'T- f-f"
77 U ESTEILV SUX 4sd iEXERAL ADVERTISER, IS published every Saturday at TWO DOLLARS per annum,if par n advance, or TWO DOLLARS k TV CENTS at the end of the year, fo. which a note will be required. No subscription can be withdrawn until all arrearages are paid. A d i'E RtfiE me '7s conspicuously inserted on the usual terms.
Advertising customers note on
BM-IRQX& CASTINGS. . Endorsement Law of Temitsttt.
i
JAMES & McAliTHUIl. Manufacturers oj Bar Cast-Iron g JJ AVE opened a store on Market sH street, Vincennes, where they intend keeping a constant supply of the above articles. 1 hey have just received from their Iron works.
20 Tons BAR-IKON ofsuperi-
their advertisements the number of times Orquallty. including, thev wish them inserted those sent; -f PLOUGH MOULD',
without such directions will be continued y W A GGl)N TIM E, til forbid, Sc must be paid for accordm. lyf j PINDLES,
LAD-OFFICE MOAbl, HI-XEIVABL1S AT TERRE HAUTE. Specie, ISnnk of the U. States and branches,
Incorporated Banks of Boston, ( Mass.) New York Bank, in New -York, j . . i f i
!auiiu.ivaii vyunnanj Mechanic's Bank, Merchants'
Union, do.
Bank of America, do. Bank of Pennsylvania, Philadelphia. Do. ol North America, do. Do. of Philadelphia, do. Farmer's k Mechanic's Bank, Mechanic's Bank of city & county, Commercial bank of Penn. do.
do.
do. do.
AX, & II OE Iron, &c &c. ALSO, 20 Tons Castings,
A MO KG WHICH ARE
70010 u 12 Gallon Kittles, 10015 - do. do. 5020 do do. And a general assortment of
Hollow- Ware,
Schuylkill bank
do.
Bank of Northern Liberties, do,
Union bank of Baltimore,
Mechanic's bank, do. Merchants' do. Franklin do. of Baltimore, do. Cjommerc'l Sc Farmers bank do. Farmers' St Mechanic s do. Bank of Maryland, do. Do. of Baltimore, do. 3ank of Columbia, Dis. of Columbia. Union bank of Georgetown, do. Farmers' Sc Mechanic's bank, do. Patriotic bank of Washington, do. Bank of Washington, do. Do. of Metropolis, do. Union bank of Alexandria, do. Bank of Alexandria, do. Do. of Potomac, do. Farmer's bank of Washington, do. Farmer's c Mechanic's bank of Indiana, (Madison, Ind.) Except Notes of a less denomination
than Five Dollars. A WHITLOCK, r. p. si. (corrected weekly.) Tcrre-IIaute, 8th Sept. 1820. 39-tf
Very light and handsome. All wuich they offer for sa!e by the mal ot largr quantity at reduced prices merchants in the countrv will hae
iV i,:m j an opportunity of puicnasing upon good Dammoie. ,-r, ,,,,,1 ca!,;, r. r, ...
ment in the western country. 26-tf 'Vincennes, July 1821.
TATEBANK notice. PTTYei F hodi-il of Di lectors of the Bi ai-ch I'ank wili meet in Palmyra, on Monday ihe 12th day ot November next, for the purpose of receiving applications for Loans, fiom such of the citiz ns of Edward, V.tyne. Lawivnc", Crawford, and la k counties, is may apply Appiicanls will be iquMd o govern themselves by the rules of siid Bank as published in the Weston un, at Vincennes, on the ISthof August last.
y order of the B v.ir i ol directors,
WARD ;l. Pi PER, Ptett.
ra, Aug. 23, 1821.
r r j
it r f
Land Office Money. Receiver's Office at Vincennes, 9th 6 fit ember, 1820.
THE Secretary of the Treasury has directed that in addition to specie
& Bills of the Bank of the United States und Branches, the notes of the following banks be received in payment for Public Landssold in this District, viz : All the incorporated banks in the ton of Boston, In the cities of Philadelphia. NewYork and Richmond, (Va.) In the city of Baltimore (except the , Citv bank of Baltimore,) In District of Columbia (except the .the Merchants and Franklin Banks, of .Alexandria,) & the following specie paying banks in the state of Indiana, viz : - The Farmer's and Mechanic's bank at Madison, Indiana. J. C. S. HARRISON,
jSatice to intruding settlers and oilier, who commit waste on the public Linds. TipilUSE lawless persons who are guliJ& tv f intruding on lands of the U. 'States, and of committing waste on public timber, are hereby notified, that measures having been takn for a rigid enforcement of the laws of the United States in such cases made and provided, they are hereby ordered to desist from such offences forthwith, otherwise they v.ill be prosecuted to the utmost rigor of Jhc law. Given under my hand, and seal at the City of Washington, this 1 1th day of July, 1821. By older : JOSIAH MEIGS Commissioner the General Laud Office. Masonic Miscellany, iS Indies' Literary Magazine.
BY WM. O. HUNT, LEXINGTeK, KY.
Price S3 a year, r
rj The first number may be seen at the V. Sun, ofiice, where subscriptions t?ill be received.
some of the papers above referred
may be misplaced, and as applicants
cnciahy apply for sums not exceeding
one hundred dollars, I will here give the form of the note or notes lequired. u JPwclve months afterdate, we jointly and severally, promise to prv the President and Directors of tite Slate Bank of Illinois, oi ordvr. (for the use of the people of said State) do !ars, pa a-
b!i without B ink at fJal Witness ou day of
t.caM'in. at tlieu- Branch
ivui, for value leceie.i hands and seals this
El) WAR D II PIPFR.
0
or g
40 nl!ars Ivcwai d.
IlAYFD.os" stoien f'..tn i-.n- sub-
setib.r io $OR'EL MARES
'vae a large .ik -:y ma.e, 16 hands i , six ears oUl, a s.nail star in he.; chcad, right eve 'oks muddv. a sii.ili car n iier riht fore leg. laige iVe?, has neei been sh jd, had on a s nail belt Ltened with a rope I he other a two ear old colt of the foi mer. about '4 hand high, very short mane, the hair has been rubbed off her tnii, a snip down her forehead. The above will be given for .hc creatures if ti.ey are solrn on the conviction of the thief or S'2 ff' the creatuics alone and all reasonable expenses paid if brought hon e 1 HONiAS coon?-. Wayne county, II. Nov 2,1821. j
25 Dollars He ward. ILL be uitn for a umuway nct;ro, who has turn at work ior
some time past near Cai lisle, a:. 1 has since been stcn at Vincenner, ; said nevjro calls himself SAM. is 5 feel I I inches high, straight bui.t talks pain, and bald head, a few of his tore teetit out, 50 year old The arrive reward will be v;ien il delivered to (eo:;e Collier, t C!u v es, or South St Furguson. St. Loui, oi Si if confined in jail at Vincenr.es, and information i;ivcn to either t oilier or Smith Ferguson. J N ROPiHNS. St. Charges. Oct. 19, S2
'Qnnvns ir lx '.aw; ! I F subscriber w i : p v t ie Siihes jl ket price in ca,'.: f-.r h s-w;ix.
D
best niar-
Vmcenr.cs 11th Au.
DFNNIF.SAYUE
lbZl.ZX -6m.
Opinion of Judges Hay wood k Kmmerson, ot the sup cme court. ( Conciuutd J The laws of I78J. cli. 7 second, 1794, ch. 13. 1803, ch. I, s. 5, weie an ut tliem retrospective, in whole or in part, but were ne er deemed Uhcoiibtiiutionai. Ail these, and many other aeis ol the legislature establish tne tiutli o! tlie position, that there are some and, indeed, man) cases, in which retrospective laws may oe maue. We have viewed, with earnest attention, the bill of rights, see 2u, k have considered the inconveniences which anyone interpretation win produce, untl nave
finally settled down in tins opinion, mat the word retroxficcuve,' in N Carolina and Maryland constitutions, it is follow ed by explanatory words, so here it is explained by the words winch immediately follow, "or law impairing the obligation of contracts," and that the w hole ciause and both sentences, taken together, mean that no retrospective law which impairs the obligation of contracts, or any other law which impairs their obligation, shall be made, the latter words relating equal
ly to both the preceding subanm es ; and, therefore, that the term reiroucuve alone, without the explanatory words, can have no influence in this discussion There is yet another clause of our cun-
j stiiution, which is said to militate against ! this act of the legislature. Our bill ol
rights, sec 8, deciaies, "That no man
shall be deprived of his property, kc. but by the judgment of his peer, or the law of the land " Property is a thing in being, which is capable of becoming the subject of dominion or owuctship, and which actually has a master or proprietor, and is actually reduced into possession.
Proneitv in possession bv this clause is m cu ed to the owner, so that it cannot be iaken from him but by due course ot law. in a r.r: t regularly constituted and pto-ceetiin;-; by the standing rules of law ; nr. 0v : -.i'.x of assembly, d.-jiiiving the oivuci of it nr the benen1 oiomc other individ ual. The state has the eminent doim-h ! or ullimum dominium over all the su j I jeets of property in its territory, and may ue it on urgent occasions for the public. good, when in the opinion cf th? sovereign power, it is just and necessary so to use it. In the war of the revolution, tin government authorised impressments ot all things necessary for promoting tingreat cause in widen it was engaged. : i hi pow er of the legislature, by sec 2" of our bid of lights, is limited in its exercise, iho not taken away ; " no mail's property sh d' be taken or appropriated to public use without the consent of his representatives or without just compen sat ion being made therefor." Tpc act of assembly now under consi deration, takes away no property ciihei for public or private uses, and is therefore not ..tff.'Ctcd either by sec. 8, or sec 2 1 of the bill of rights. The result then of the investigation we have made is, this that suspension of execution as directed by these acts of the legislatuie now under consideration, is fo: niddeu by the prohibition of tender laws, as a direct consequence of the pro- ' hibition ; also by the interdiction to p.tss laws impairing the obligation of tontracts; suspension of execution bung tm impn.mg of such obligation; ano lurthermorc, by the declaration lint justice and right shall be done, without delav in all cases, the process of execution being
one sense ol the teim right, which is not to be delayed. We are therefore bcund t? say, that these acts arc repngn.u t to t; o constitution and void, so fr.r ris : elates to the mis. pension of execn.. ! that t-y edition ought toi-si e ; . .: wiihou n such eiuioj en.v ' . t requires. The juduiii ti'd the country must refuse sanction, to acts which ate to bc executed through their agency such as an act of suspension of execution is, which cannot take place without the assent of thecouit. There arc some violations, which need not their instrumentality, and of course cannot meet their rejection, and which alone the gieat body of the people must correct. An occlusion of the courts of justice would be one of them. The courts cannot sit but on the das appointed by the legislatute, ;nd in that and other instances, the court having no agency, would hv no responsibility. Wherever their co-opeiation is unconstitutionally required, it i., the most s icrcd of all their duties to withhold it, and whenever they arc found to want firmness to do so, the constitution and public freedom die together.
A d ..c.cu s c ..ivchicht to obviate an atguinent ot ttc.innt reciirunce I hs asjvinbly, it is said, have a light to suspend execution, bccai se they may p.acc the terms of the court a' such a distance from each othei as to make it impossible for a creditor, to emit e himself to execution in ies. than two, three, or mote years at the pieasute of ti c iegis atu-e. The assembly has power ihus lt fi ; tie terms ot the coin Is, and a suspension of execution would be one of the consequences The power to fix the tcims, however, was not granted with a view to ill; h consequence, bur to the more easy and convenient administration of justice, consistent lv with the spirit of the constitution, display ed in the section winch requires that the emir s shall be always open for the redress of injuries To fix; the terms at a remote distance from each other, for the purpose of producing an
ettect adverse to the spirit ol the constitution, would he to use the power of the legislature for nm noses not intended in
1 .
j'the grant ot it to them It would be ;m I abuse of power, as much so as the suspension of the courts themselves. ; and ! certah.iv, the legitimacr of an end pro
duced. c:; -no! he i s' blished bv deducing it from an abui.e of power; an abuse s; alarming and so odi u - in it, t veicise, that it never has been reported to. Sc perhaps never will be. by the legislature ; unless when the calamity to be evaded, shall, in the opinion, and by the consent of all mat kind, be more "isastrous and afflicting than the means adopted for it3 prevention The indignant disappiohation of the people is a corrective, so powerful t at it need not be aided by anv au.ntliary power in any o-ordinance btancl; of the government, but may be sately left as the people have left it. to its own inherent ncrgies. Whenever the people shall be ready toappiove f such a measure, the 'adoption of it may be safely committed to the tmcontiou ed discretion ol t'.e legislature. Tin power of The ! gislauire will thin f:i y flow in the i- nii in is whiehthe contesteo argument pens for them, and n t as at pre cut, hrough others, which, the aigunient oocs not pictend to open to t; em. The consted at gument is unsound, unless an ilgifmate end, ptoduced bv a mis.ippiiration of power, can sanctify the like end produced by a direct inf action of the icstrietion imposed upon that power. To bj mote explicit still ; if a suspension of execution may be attained, iino the medium of the legislative authoiky, to fix the times and places of holding courts, it by no means follows that iho same end may be attaint d, through the medium of a prohibited legislation upon contacts already made. It is proper, however, to icmu; k in conclusion, that the sune good fait I. winch protects the creditor against injuvicc, in terposes a powerful veto uginst he subjection of the debtor to a gi kaiei' bin ti en than he has undei taken to be. r. If he has specially contracted lor payn ent o be made in bank paper, or it alien was tiie meaniu of ihc contract am. t.e unoci standing of the panics, at time t its formation, it would be highly unco scionablc in th cieditoi,to eniVuce . payment in g(d and silver, taking advantage of that exuaoidinary state ol things which at this time pervades the westctn counti y. lendeunga payment in go d i.i.d ilvei not only ft tnoie bin thenson , Put almost impossible and abso.itteiy u.'ii ns. I he deb-or ought to be htaidto siyncn in hate xuneula vrni. Theiclsa sutntuiy iu;e in equity which outrhi lobe
; plied, under sue cxtrao; ( in n y (iic :in- : stances, and it is this, nhirtxur ir;n has a right to in corucir-zce, and hi h no' J'uVh firov ded f .r euvy .v, I f- i 5 2t It is a i tile which is the Inundation in equity of a;l tkt pr cv cuts we now to ow, -.nd which have b cn estabiislud I'p'in i'. 'I' he immense i i almost ihcaUivtblc ci ifeience loi' at p;e- ! sent exist in this state, hctw.tn specie and paper payments, just fie tne ;plicationof this rule in its In. est cxtt ; i uj obviate the injustice of cicditor-, ho would enforce specie paynienis ins;t .d of the paper ones which tliey agtct-d to receive. Such creditors bv bill in cmi ty and injunction, should Le held to specific execution, ami be compelled to receive what they stipulated to take, zr.A not he allowed to ruin the debtor by calling for gold and siiv r. The precise cc.ntract ouht to be complied with exactly as it was made, and the most peif ct rood faith pjcscrved on both sidts. This telief ought to be confined, to that sp cict of bank p:iper which tin contract sped.cf, end when there it r.oauck special-