Western Sun & General Advertiser, Volume 12, Number 41, Vincennes, Knox County, 10 November 1821 — Page 2

tion

in the contract, should be extended I or.cither in take it at that nronortion. or it the fluctuations in its value and the dc-' Baron Strogonoff, for the continued xi

to cvory spc v ies which lb generally cur- to wait for a time to ,;e accrtained by ceptions that arc frtqueiiti) practised in suits which the Porte had offeied him. rent in the stale, the debtor making a pro- law uponbeing st cured by his debtor As the passage of it, almost every individu- A period of eight da t only was allow ier d'owancc in atl instances for the dif- the creditor is not compelled to take the al through whose hands it would pass, ed to answer the demand tiom the court

i'erence of value between one species and property at all events, there is, as it ap- would sustain a loss, and very frequently oi os. rcicrsourj; illc Wl,,fl" 41 ia

near to me. no substantial difference, as heavy losses. And really 1 can sec no saiu, nau uccn in ciose. consuuauuu upon

another that is generally current, and to

the depreciation that has intervened since the day appointed for payment in the con tract itself. The rule of equity must be applied, that he who will have equity, must do it. He who seeks relief atrainst

to the question of constitutionality, botween this mode of relief and another which has been advocattd by so.nc, and which is usually termed a replevin law.

The effect of this latter as I apprehend,

beneficial effect it would have to remu- the subnet for several dayt,and the Eu

neiate society for the injuries it would ropean ambassadors were invited to at occasion. ' tend some of their deliberations. Lord Gold and silver, by the common con-1 Strangford. in particular, posscscs great

sent of mankind, are made the represen- inuucnce. uouotiess, any course wnicu

injustice must not do injustice, & where-1 is to stay executions in the first instance . ili . !. ;

v r an injunction issues, security should be given to pay such sum as the court shall finally decree. These points, to he sure, arc not before us for judgment, and wc mean no more thin to intimate what at present are our general impressions ; and to state in general terms the principles which I now

think should be resorted to, leaving tot

tames of every species of property

for a given time upon the creditor being They pass every where. They may be

secured. Each plan being equally iiabie said, in one sense to have intrinsic value, to any objection growing out of the con- Bank notes are merely the rcpresentastitution I should not hesitate in giving tives of gold and silver. Seeing that preference of the two to the former none of the banks in the state do now That affords to the creditor the opportu- pay their notes according to their connity of getting propeity at once, and at tracts in that which has intrinsic oi genless than its appraised value, which som- eral value, in gold or silver, upnn what times might be prefered to delay, and to principle of honesty is it, ihapvlhosc

future adjudication in each particular the debtor the chance of preventing the : banks could be required to issue

case that may occur, the particular reuci

which that case may require, to cttect justice according to its circumstances. Hiisis the opinion which I deem the pioperonc to be given on this question, and whicu if it were entirely concurred

great sacrifice of property which would ; additional quantity ot notes. result from a sale for cash, when perhaps But, in legislating upon subjects of

he might not be able to give security to a mis sort, it is important, that we should

replevin bond

not trust to theory alone. If wc con-

Hut the great questions, with respect i suit expetience ; if we look to the histo

to both of these laws remain unanswered. ; ry of our own country, wc find that a

in hv judge hmmcuon, as it formerly Are they constitutional : Are they con- state ot embarrassment very similar to

was. I would now finally give, although Isistent with the permanent intert sts and ; what we experienced for the last three

iudfc Whvte is not vet nrcnarcd to irive retfiectabilitv of the state? That the

Iiis. legislature can constitutionally regulate But as there is some part of this opin- the mode of recovery, and prolong the ion which judge Emmcrsondoes not con- time for payment allowed to judgement cur in, namely, that part which enforces debtors, as to contracts made after the

paper money contracts specihcally as passage ot aiaw 1 nnd among legal cnar

made, it must therefore not be consider

cd as final, till it can be ascertained by the opinion of judge Whyte, whether in this point I am correct or not. For, if I am

eo, then injunctions ought to issue when

ever it shall be attempted to extort gold existing contracts, and injures the creditor

and silxer, in satisfaction of a paper mo- b operating rcstrospectively ; and, of ney contract, which, however, cannot be course, that it is unconstitutional. From isssued with propriety and safety to the the best view of the subject which I have applicant before it is known, by that opin- taken, I am also well satisfied, that such ion. whether such a course be a proper laws would not advance the real interests one or not. Under these considerations and character of the state. And their it seems better to wait for his opinion tendency to benefit, in a majority of in than to cxnose debtors to great losses stances, even the debtors themselves for without informing them of the means of whose relief they would be passed, is redress within their power, if any such when we consult experience, and look to there be. the nature of man at least extremely Should injunctions issue before we are questionable. Such is the procrastinadefinitely informed upon this point, it ting disposition of the human race that, might happen that 500 bills might be filed when the evil day can he deferred, it is and injunctions be issued upon them, all rarely thought of until it again arrives which would ultimately be found unsus- with accumulated calamity. The untamable, and be dismissed, with costs to foitunatc debtor is raised for a moment be paid applicants, after an illegal delay by a stay or a replevin, but, at every new of execution for several months. Mis- plunge, he sinks deeper into the mirechiefs so serious as these, it is prudent to an l, in ail probability, carries with him, avoid by conforming to the usual prac- the second or 'bird time, two or three of tice of courts, not to give judgment till his unsuspecting neighbours who. trusall the members of the court are ready ting to his over sanguine calculations

with their opinions. I have incautiously become his security.

It has been intimated by some, that the

JIanesty is the best p olicy. Extract from emission of paper money, corresponding the speech of his excellency William in amount with the-wants of the people Carroll to the Legislature of Tennes- would be sound policy in the present em tee, on the 2d day of October, 1821 crgency. The evil consequences result-

The pecuniary embai rassments under incr from a measure of the kind arc too

i -

years, and produced by similar causes.

existed after the close of the war of tin revolution. Relief measures were then adopted by many of the statci, but they were sooner or later abandoned with a solemn Gonviction, that in nine cases out

But there seems of ten, they served to increase the diffi-

to be some difference of opinion as to i cultics they were intended to remedy, contiacts made previously. The better ! and (to use a borrowed, expression) tinopinion seems tome to be, that such a conviction was then impressed on that i i . ,it r 1 ...:.. r . . 1 ,

iaw aoes impart in tnc obligation oi prc-iuumuii or sociciy, wmcn nau looked to

the government for relief from embar

rassment that personal exertion alone

ters there is no doubt.

vrhich many of our citizens labour, ( and abatis intimately connected with them,) the state and prospects of our circulating medium, constitute one important

numerous to attempt their detail. In the present situation of the world, the commerce of a state will always command the quantity or amount ol bound

subject for y nir investigation Can any circulating medium necessary for it

law be passed for the relief of the unfor- But when the floodgates are thrown otupatc debtor, consistently with the con- pen, and you commence inundating the stitution, and with the permanent interest country with a paper currency, there is and respectibiiity of the state and people no knowing at what point to stop, there for whom you are legislating ? If this is no safe criterion to regulate its emis-

can be done, the honest, the liberal nnd the enlightened will concur in opinion that you ouijht to pass such a law without hesitation. Every feeling of my heart

would prouit the recommendation of its I inciessciU in a imio corresponding with

rm- t - i

sion. l ne moment you issue more man

ia necessary, it depreciates, and, of

course, the price of every commodity in

market and every species of property is

passage, could I see the patli to a practi

cal scheme clear of insurmountable obetaclcs. The whole community being concerned in the event of your derision upon the subject, each individual is too apt to adopt and support that view of it which comports bebt, as he conceives,

with hi own private and present advan- I suiting to tae. It is for us to enquire for and de- I from such

cidc upon the course to he pursued with 3 sacred regard for the codntitution of the country, on the one hand and. a respectful attention on the other to the true and Listing intererts of the great body of the

people

the amount of naner nut in circulation.

So that a circulating medium is acquired which uill not pass at par beyond our own neighborhood, which will not there

fore an-.cr the purposes of commerce,

without any enhancement of the wealth

of the community, and the benefits re-

the debtor class of society

a course arc in my oninion

ft cquently exaggerated. Such of these

as owe debts heretofore contracted, and have property, would doubtless be aided by a nominal rise of its value, and would be probably enabled to effect more ad

vantageous sales ll with the proceeds

could free them from difficulties and an

increased degree of industry, and economy was the natural consequence of such an opinion. The cultivation of industrious habits and the practice of rigid economy are the only means by which individuals generally can be relieved from pecuniary embarressmcns. jt determination on the

part 9,f the profile . to promote agricul

ture and domestic or household manvfac

turts, and to lessen the.conHitmfiiion of

foreign goods cf every description will

soon rtitevp the most cf the community

from the pressure.

Lonuon, August 30. We, says the Mining Chronicle .can

state unon undoubted mithrtritv. him

prince Eugene has addressed aetttf

- - ' - - ' I llll , I V

to the British Government, in whi

claims the remains of the Emperor

poleon, now deposited at St Helena

contrary to the express injunction's, contained in the following condical to his testament ; Avrille, 16, 1 S2 1, I.ongwood. " Je desin; que mcs cendres reposent sur les bords dc h Seine'; au milieu de ce peuplc Francaise que j'ai tant aime." I desire that my ashes aiay tepose on

the banks ot the Seine, in the midst of

that French people which I have so much loved.

LiTEitpooL, ScptembQH. A private letter from London, led Thursday, half past 5 P M. sayVJv report is float at the roal exchange, that Russia has declared war against the Poitc. The funds have fallen one per cent. N The Greek nation is engaged in the formation of a general government, to be exercised by a senate, constituted of de-

I'uurs Hum mc isianus. ieonian. a

small town nearly in the centre of the Morea. is chosen for the seat of this government. There seems to be no Tur

kish force in the Morea competent to

prevent the d recks from securely pursuing this great object, but in the northern

provinces the power of the Turks is per-

tectly established Tl

the Ottoman government may pursue.

must be mainly directed by the knowledge it may possets of the feelings and disposition towards all of the other European cabinets, and none moie so thanthat of Great Britain. FROMSPAIN. ytw YORI. OCT. 1 1. We have received by the Agnes Cadiz papers to the 25th of August. They say nothing of any disquietude, or disturbance in that kingdom. Letters received at Madrid, stated that great discontent existed at Naples, and an explosion was daily expected. The Extraordinary Cortes had convened at Madrid. The proceedings published arc altogether of a local character. The permanet Cortes weVcSp

ussemuic on me mu oi septembcr.Ay

70 DOLLARS REWARD. WTALKEI) away fiom the suhscriy'V her, living in Logan county, S miles south of Hussclville, on the 24th'

uii. a m-gru uoy uy me name oi

Jason,

nineteen years of age, dark complexion, do'wn look, soft voice, five feet two or three inches high, wore away a dark y?ra coat, (perhaps Janes) pale blue pantaloons, half yarn, the rest of his cloathiiig not known, it is expected that he is ma king for Canada, as he made an attempt two years ago, and was caught nea'r Vincennes the above reward shall be gi en to any person that will take up said ho and confine him in jail so that I get hira again. JAMES ALLEN. April 26, 1821. 1 6-9t

DKOWX & KIJVJsE F,

Ti V ILL in future practice LAW ic.

V V conjunction, in the coniv.ies

Davis.. Knox, Sullivan.' Vitro. Martin

Dubois and Pike, and in the Supreme Court One of them will at all times bo

found in their office at Washington, ex-

cepi uuring me session ot courts. All orders and COXVE YmiXCi.G will be punctually attended to. Washington, April 10, 1320. 20tf

The nronrietv of nassine a nronertv hc could at o ce satisfied their credi-

law, as a measure of relief, has its advo- tors. But, on the other hand, through a

want ot commence in tne oinKing institutions, proportioned to the amount of their issues, and thiough a want of confidence in one another, much capital is withdrawn from circulation by private individuals Every specie dollar that can be obtained from the vaults of the banks is seized with avidity and hoarded with care; c ven the better sort of bank notes, if there be any supposed difference between tltem are cautiously laid up. And the circu-

cates It by a property law is meant a Jaw which shall compel the creditor to receive in payment property at valuation, till will agree, that such a provision would directly violate that section of the constitution of the United State which fot bids the individual states to make any thing but gold and silver coin a tender in payment of debts. But the supporters of this species of relief disclaim anv W ish lor such a nrnvisinn. The nl.nn

they generally pr0pose, as I understand latinK eli" s n,c sensibly it, is, to hnvc all propcrtv upon "hich ex augmented than would at first view seem editions maybe levied' valued, and then ' probable exposed to sale If sonic fixed propor- The debtor in common with his fcl-

tmn ot its value be offered, it is sold. If low citizens vou!d be subjected to many

T? 1." k 1 v t .

1 he last intelligence received TS

Constantinople is of a rather more

like complexion than the mcio

Ccs The ultimatum of the emnernr A

kotTce.

PI RSONS having demands againsf ihe estate of James C. Smirk dccdS

will please make them known to the un-

designed by the hist ot January ensuing. And those indebted will have the goodness to discharge their arrearages by that time, or expect after that period coercivo means will be resorted to. G V. JOHNSTON, Admstr. LOUISA SMI RUAdmstrx. M'iih the Will annexed, Vinccnnes, Oct. SI. 1821. 40 G. II. C. Sullivan, (ATTORNEY Sc councellor at law )

ILL practice in the first Judicial V V Circuit, of the state of Indiana j and in the counties of Crawford and Ed wards in the slate oi Illinois. He may always he found at his clhce in Vincennes unless when absent on professional busincss he has made an agreement, for business forwarded to him, in his absence

to be attended to. 5 j

00 Dollars. Reward." TOLLN fiom the subscriber livins jn Washington county Illinois, near Carlisle, on Sunday night the 23d of October last, two mares one of them a dark dun, six years old, about fourteen hands high, a large star in her forehead which runs down round her rh-ht pvr,

lexander vould not it waa thought, be , on her cheek, not branded. The other is accceded to by the Porte. This ultima- a light gray, three years old, about fourturn vvas given in subitance, a week or teen hands high and lengthy made a vetwo since, but if the following enumera- ry light main, which hangs on-the left tion of its demands be correct they differ side, a scar below the left knee oceasinr-

.,f;u, ut-icu irom wna- nasai- eu uy a kick wnich on examination ma? ready appeared. It is now said the Em- be distinctly seen. The above rcwaid peroi-of Russia now exacts- will be paid for the apprehension and con1 st. 1 he evacuation of Wallachia and victinn of thr. thir .? :

. - a a w 1 tiiui 1 it r-1 it te?

Moldavia in favor of Russia.

2d. Amnesty to the Greek. Silly. Full and complete indemnification to the Greeks for the loss of proper1 i

ly aireauy destroyed, ani security ag si any future destruction.

iniy. complete repair ot the Uteck

churchts, and re-establishment of the

thirty dollars for the creatures alone, if delivered to me near Carlisle. Illinois. GILEAD MADDUX. Nov. C. 1821, 4I-3t

PRINTING, neatly executed at the SUN Office.

an offet be not made to that amount, it is other disadvantage from the issuance of Gm k rrliiMnn nnd

then to be left to the option of the crcd-, a large quantity of paper money. From j fithly. A public and open apology to j BLAKK DEEDS ibr Agents