Western Sun & General Advertiser, Volume 18, Number 37, Vincennes, Knox County, 20 October 1827 — Page 1
...WESTERN BUN k GENERAL" ABTERTlS'KTg
BY EL1I1U. STOUT. VINCENNES, (1NU.) SATUHDAY, OCTOBER 20, 1837. Vol. 18. No. 37.
v
!',&blrJL wz present mode of doing county busi , forfeited by the non-payment of the tax in i sponsibility rests. Such a h ni lir 1 1 Ktif t n, ' rnhtn At : ! i . I t V U I vl UL
5 pubished at Two Dollars and - c , oa " h ' li -: v , euuwmssmncrs suojcci as ; niRn.y beneficial tons, by eneourh.g weal Cl USC 1 Ut not lhlnk a change expedient . now io redemption within two years and thv mt-n m vi r,.t;... .k. :s
v IS
cents tor Fifty 'Visa Xuinbcrs
" which may be discharged by the payment of TWO DOLLARS at the time of subscription.
' ohiceis tecs. I am in favour of iov
iyme:u m auau,. ...w ices but yet, I am co uponed to think interest of both parties, tnat mode is so- ,hat auch lccs 5, w ailoWC( Q. wili
v,"l,uu" "mini ivu yms aim , my men to vest noitions ot ilwir
it not redeemed, that the commissioners in commercial and mnntii:,rm,;,. .....
IMi'.U-
to active inmen within
sale and if a sale is made, that warranty canitrih rrrr.nt fnrlUt;. ..,
,1 KT ' i 1 i- !
k:-tj unless required by the people.
Some persons arc otten making pretty al certain peiiods offer the land in each lishmcnts and by afluiclmg speeches about the extravagance of county in the. name of the state at public dustrious and cmemririt.p' ,.m.. r i i c.,i..j :r i .i . ... 1 "
lie ted.
sufficient to
i afford a compensation
A failure to notify a wish to disconti- ' make an office worthy the attention ot
Tiuc al tuc cxpirauou ui uiv, mut miu- : wuii quamicu men. At present m ims
scribed for, will be considered a new : countiy there is so liulc public business,
that the county and townsnip ollicers not omy do not become rich but arc ceitainly
The object of all laws should be to
engagement.
No subscriber at liberty to discontinue
unti jali arrearages are paid. Subscribers must pay the postage of their papers sent by mail. Letters by mail to the Editor on business mast be paid, or they will not be attended to. Advkiitiskments inserted on the customary terms. vCT Persons sending Advertisements, must specify the number 1 times they wish them inserted, or they Will be continued until ordered out, and must be paid for accordingly.
TO THE VOTERS OF KNOX COUNTY Fellow Citizens it is Known to many of you that previous to the late general c-lcction,-I pledged myself, if elected, to communicate liccly to you my opinions upen the various subjects which would probably occupy the attention of the approaching sesi m of the L-MTisbtturc This I think advisable, because my senti-
ments being known, if I differ in opinion upon important points liom a majority of you, your views can be communicated through the medium of township meetings, and I shall be enabled to represent
s hard pushed to support their families
as any ol our citizens It appears tome that a reduction m fees at present would be injunous to the public service, and 1 shall act accordmg'y unless olhci witc instructed 1 he present civii jurisdiction cf magistrates ill receive my support, and I shall endeavor to afford evti v assist
ance io the mngisttaUs ai:d to the sunois
deeds bo made. Now, when lands are of
feied for sale for taxes, only ner&ons of
speculating habits, willing to nsk a small ; tnake men honest. Zatshou.d be synon-
sum, mr me cnancc ot a great m- "'"" " hii justice, wnn tquity and then crease, will bid. Under the sstem pro- j lt would exhibit an example ot inue to posed, poor men seeking a home would ' l,lC people. Then every rule of aciicn bid. Men hav ing mom yo vest in real e- I wouM be a moral lesson. 1 he law shou d state would bid 1 he land would sell at a oc justice! and should not hold forth a nie-
mium to t ruud. Gtod faith should be the basts ot every contract. If the law was justice, hontst men would naturally conform to it but now they are continually stumbling, and arc continually endangered It docs appear to me that in our law
fair price, which af.er paying the tax
to the state and county and a. I expense;:, would leave a handsome sum for the benefit of the school lund. Ileic permit me to observe, that it is chOicnlt for one member i :i Ir.st i c
bo.i to d such of himself, i.rl if he is a ' contiac's tc principles of good faith iin ti.f '1 I. 1 i
new mcmher he in:.v bv :.;rr,..,.ii. ion i c ' v ' Wl ' c i me cr-m-
i. ! . . ' ' , I UK")!) la v t b:it in rnntmrte nf coir mi-.
1 . .
rith caution what he
as the lawyci s cx-
ard in its t fleets
but I well kno, iKat in kislatu.c a "-i""K' l "c rule ot equity be-
iwecn nifci. and man ot plain unsonstica-
ancc io tne mngtstt ales ard to the sunois much, uepnvc himseit id Uu ewer m do- ,"",,,',v umiac in tlicir courts which may be piacltcablc. ing .my Thing Uy my i.wn ni.s"uh I can ! fhascr nvjst rgrd wij Why should the aw K w at d and cmbarras- ' r.ontcmplaie n.any projects, ;.;paicnily iHIs.' caveat .emptor,' sing and vexatious forms of the common mos leasiblc, o! rrca' imnoi -tance iov. ii. liress is dishonest,
law practice, cni! r.ed by Norman subtle- but I well kno .-. ih u in ijvj ietslatuic a
ty to "entangle justice in their nets of mild quiet com se without the : apncarat.t o
:r the adtninistration ot jus
fence, migiit afterwards be indeniifkd, if
my constituents, livery mnauiraiu ot me "Wabash country must feel a great interest in the formation of the projected ca
nil from the Miami, and in the unprove- necosAty, and all the i nds of justice, and mcnt of the Wabash navigation. Dm-mg j a!l the legitimate purposes of the law, the present season a detachment oi U I will be fully answered. En-inccrs have been engaged in survey- , thjnk ... u vr. nt.,.
i i
lot ir. cumo
ucc in the magistrates courts ? What is the necessity for forcing upon plain citizens, upon farmers and mechanics, and mcrehants, selected for their good standing in each little neighborhood to administer equity between man and man, the frivilous but yet perplexing technicalities of
f-,- 111 ? T .' ,.-x ,. ...... A. tl .1
.v ; ik nuv:s i.tjt appear io iuo u.ai iuns iu io remomu tnesc prejret. m particular forms of action arc necessary such manner as will certainly be required at least in magistrates courts let the de- of mc by that conciliating and compiomi maud, & the defence if any is made, be sing course which a regard lor myself and stated in a short, plain, and perspicuous toy fellow citizens points out. manner, vritlmm lorm, verbiage or mutol- , I now icc inclined to support the forogy so that the cause of action, or of d's- mation ol two new ennui's but shall h-
.- ... ....
of metensun will c n.dde ,Slo d., ! lcu stirc would " caveat venditor"
g.'od, when I should be emhclv di-r.u.td ,,lh' what he sells. The
by the contrarv. I now candidlv otV, i vu rtiy opinions and my projetts, and w 'nb an holiest zeal I shall iabour for your ben fit, with which my own welfare and prospcri i ty is identified. lint during the session j
you must permit me to bend these opin- j
inn
the route of the canal between the
Pt obate
Tr..l. .1 I t .i m ...! .1,11 iMn lhll' hi ' M
w auasu a,M mu.-a i' system a-.i manv of our nvst intelli-oni iciaolc to make a report m time lor the Le- , f);y cilb,cn, .jesiic. Inntead ol -viiw
i!:itin-f tr net nc,i it at the r.cxt scs- t , .
... - i unit; a:iu sn ein i n i; ) :n ne-'.v m
1:
sicn. Whether any, or what further ex- .,.
presume certain. The report will give j every necessary information to enable die j L-egi'sbturc to make a correct beginning. I I am satisfied that it will be toe duty of the I IcriiUlure, to avail themselves immcdi- i . .... . i .
atev of thfi irant ol lanu maile ov v.,on-
j endeavour wiube tottnptovc as mochas
governed by circumstances. I shall oppose any increase of taxes but also think a reduction would be imprope., unless consistent with the public service Ii a reduction can be had without injury to the state, it will receive my support, otherwise not unless instrue'ed bv you. In the choice of public officers I have but one title. I will never as your representative vote for a man to fill an office because he
possible our present system. I. ska 11 at- ls. P )or or is a clever ieiiow or because
ns Mle h.ir, many children, or hec?.i. :c lie
tempt
to procure sucn
ameuumcji'-i as
i
wm ma lie nine uiuv oi me nioo.xte nn h'C
to compeil executors ar.it administrators
to appear at each court and give an ac i count ol their trust, and r.lio to romped I them to make a fm.d settlement and dis
tress, by providing lor the . iea.ien or. tne tri;uUion xA iu.in a rcasorablc time. Much route of the canal. In relation to t;e i-mus j ditrlCuUy has l)CCi, (:xi)0. icuced by pergranted by congress there h muen diher- M;ps in.,.i cd by lhc ,iCiriu,L. lf:o OP lhc ence ot opinion. An immediate sate ot the ; lf .crC;c, 0.:1 in
jamiisaavocaicuuy vom-.c- .,u. w , mimMivi,x suits agjin.t them, cr gainst
tizcns-sonic toruiba, u mhui. uji.,, uu v th m a;u t!K.., SCCIJriLjcs xfaiyiX ,)01Hi dit. Others think lirat only portions of the ; hy rcason ()l lhc vatious ;md indistine land should be sold as the work progtes ( ,,rov;oi )hS :(1 t;..c stali;lCs pr0vidin- re
ses ; and many propose not to set! me .and tmtil the canal is finished, but to raise the . funds to execute the work by a loan ot moncy in the name of the statu This I i should prefer il practicable. Hut i am satisfied that a majority of the people oft
this s .te, and their representatives, are
money
opposed decidedly to borrowm
in the name of the state, to make the "Wabash, or any other canal, and that the attempt will be merely a waste oi time and labour. Are the people of Kno:; -.rilling for their representatives to borrow money in the name ot the state to make the White water, or the JciK-rori-ville c?.nil t My intention is, to adopt that
course which may promise meocstpios
)Ol;ii,
t
provisions m ue statutes p,
dress. I siia'.l attempt to remedy t'm l)y mvieavoti .g to ptocute th.o repeal of the existing provisions and the enactment of one geneial law giving an action in chancery to creditors, legatees or distributees, against the leprcsentativcs perso:-,ailv, or
i upon their bonds against then and tiuir i securities, in case ot negdgence or of j fraud or when an account is required or a : discovery is neevssarv. Tin se alter at i ! 't;s tn.lhe. probate law would atTord i trust ! an mciCused protection i:i the pro!ale ! courts to 1 lie poor tire ignorant -and the j friendless, and great facilities of redress in j the circuit courts against dishonest men : and their securities. (
Universities coitercs and seminaries 1
com- ;
pect of final success in the shoi test time. ( ,,,c uc ucn::fu 0r'he wealthy Until the probable expense ol making the I ' SvI!uvh are for the benefit oi ti
canal, ami the probable value ol the land T.uho u few on'.v are concerned, in the ; common law who: Jcr rVcecs r granted is known, I cannot conclude what , ih, uholo ,iCi, v have a deep inter- ! lion of the profits, however small,
1 wis no oincr iiicans ot getting his biead. ii-.t ectieg under ire solemnity of an oath, i Md vo'e lortlie t;iL:n who in my opinion cotnbme:; ti;e po:;v.si.v., v ihe most qtiaiificatior, lor ti,e ih .chatge of the' duties oi th". oioec v. hh liie pmcst intc;;ri ty and il .?: c..::a.v, ieiiow ci'iicn, siumid dilf. rfiom the opinion cf a major ity of you cleat ly expressed, I would re sign my seat the instant your opinion was made known to me. For never will my vote be given to a man, who my own cn)incirncc tello me, is not among- the best qualified or is not honest. I am highly interested id the prcspct ity cf Vinccnncand of Knox comny and this depends gieatly upon the facilities which may be afforded to the employment of capifal Injd to the introduction of mauufactui csA Ve are all opj) osd, tuorc cr less, o incorpor atmns 01 every sort In my opinion a change might be made in the law of part nership, whicu would afford all the benefit ot corporations in the employment of capital and the in: icduction of manufactures among us, without any oi the incon-
. nieoce-s we. m eaii i ne cn:uge 1 nier j to is theintrodu liop. of principles, v hich i have long been tnact-ied vhiougiioui con !
tmcntai Europe, a t reduced into New
Limited Pai tne; si
nave la eov been in- ''! k and oth- r states
Accct i!ir;tr to the
roiii-: to meter out imnK. tnai u may ue
best to sell the land, giadnai'y as funds are re:: :it cd ami the work progi esses, for
est.
car cclv
por-
of any
ousiness is liable ior all th.e debts But
ni ic. atien 10 tr.e scnooi section1- 1
know Whr.t Com se to takr U.V according to the. rjrinrinlpq nl' ! JndtrM
man may invest a certain
cas!
, u j I 0 i; Cl vm oc to 00 toe. nest,anvl seme ; I'artr.crs'mp, a man may invest a certaii t-u.e wet .or its uuuci- j ,;.,cs r think 1 should support the sale of I sum in any business and receive a proper I ' ' e sehool l.iids ii any sure mode could be I tionate share of the profits, without bcint c improvement ot our : Revised of funding the proceeds safely - I responsible for any loss beyond his shan iy plan is :o pult t shalt use every cxeition to procure ': cf the capital. Such prov isions arc made
ous e:
id to provide wc.i
penditur
In relation to th
river navigitmn my
Iy. i he hist step to ne la.v is u i v- t;,c Comu.eneen;er,t ot a common school and such guards are provided, as entirety
cure an cauiui.iivM wj j...- -.-i ; , nuut,!;' tne Dener.i ot inc .t .....t. 1. ...m riin-(r Snrt :n v. ! , . 1 t
ir.owj-.: :u v v. , AS r renmmcan 1 consiucr ttmcaiien a practise linen snnriv
ami'.! V-ien Wll. sue v uv. in uu.,.e ui m.v- tlKUar v se'lOUS UUb llC COnCCm C.f.d'1 I Limited l'.irtnrrs m,l
mg
c
c.
king the improvements, and will ae net an co( ;c, ;t to be the duty of every man en- 1 evctv objection is removed Parti
esi .-lute of ue prooaolc eon. , .n .n we I tmsted with public authority tom:;kecv- , ships at common law aic very dargerc knew the aiivnmt ot money rt e-mivu wo j c;y ( .!crl;on lo i4Citituto the diffusion of and prudent men. and men who'can can devise means to raise it. 1 sea. I a:- j h..ic through -ut the whole b dv of pets onaily attend to toe business, arc v cetdingly vise my exertions to pi -cure at) j (ho p.c,,ne )V affording to the poor the cortec Iv afrv.d cf rl-m !lm Li ml
the wholctc , prevent the possibility of any frauds bcif.g nsidcr edncaten a ! practised upon society bv means of these
consc quently
Partner-
erous,
cannot
cry
sellei shou.d know and most probably
docs know what Ms property is in fact whiic the 1 1 1 1 cfiaser judges horn appearances which arc often deciitlul, and from the sel.ct's 1 cprestntaiions, whith cften deceive in. re and can but very seldom be P'oven Under our law, if A sells B a horse having detects which might have breiiy bu: are not setn, B is the loser So, if the defects are r.01 visible, unless B is able to prove' that A knew the cteftcts.or at the time of sale uarrun ed the horse to be sound, B must suffer. Is not this giving a premium to fiaud, and a rewaid to deceit Is not this tempting m n to injustice ? I would have it, that in the sale of property, the sale should warrant the soundness of it, unless the seller declaitd ho vvomd not warrant, and even then if ho knew the defects and did not declare them. This would remove the temptation to rascality and afford safety to purchasers by ensuring a remedy against fiaud and deciit. When seven hundred years ago the people of England were slaves, and the nobles possessed all the land, &c nearly all the personal property the barbarism ot the age afforded when the polic y of the great fa mi lies laboring to perpetuate their monopoly of wealth f.nd power, discouraged the alienation of the lands of the nobiihy the law adopting itself to the vices of the times, cast every incumbrance upon the sa.c cf property Then
j amoiu; ihe difficulties contrived by the in-
gci-uuy ot some Mailed Baron, 01 by th subikty (d some Not man Lawyer lo tmburiass sales, was t lie ru e caveat emptor" the puichaii r must beware. And in the very teeth ol n. orals, in c pposition to justice, in defi nee of sound policy, and contrary to the example of almost every civilised nation open earth, this bantling of barbarism has been retained by a polished, commercial, and republican people, merely ! cause it i yet retained in E. gfatul. But why, fellow citizens, whx o nfine myself to a portion only ot that buoget of uncertainties- that mass of inconsistencies, th?.t mysterious remnant of the dark ages, the common law ? Ignor&nce ol the law win not excuse any one " And yet a correct and perfect knowledge of
j the law cannot be obtained by any one is ! evrn beyond the reach of its professors3 c' its advocates. :md its judges But I am I vvong iunmai'ce of the law will ex- , rtiic" tha judges, it withou' corruption , they make an men ous decision This exception -s mr.de, 1 presume, in under consideration of the t fforts r-f the jurges to learn the law but none others are e xcused I entertain a hiph respect for tho judiciary r-f our state. Tht judt s ol tho Supreme and Circuit courts, to the best of my knowledge and bedef, and 1 krow them all but one. personally, ate honest, honorable, and high minded n en well qualified to discharge the duties of their office, and zealous so to do impartially c fearlessly But the law trammels them, and mokes them the instruments of injustice at one moment and at the next moment that same law rendets then absolute, and instead of pron"urcing the law,
they make it, if a new case occurs, or
cetdmgly uso my cxcraorrs loiwove.t, .10 tnc lcple by affording to the poor the cortec dy afrv.d cf tbi tn. But Limited
..-xammation by U. oj. igicei .., c , 1 w.t v bench-ot common schools 1 he rich can : Pa tncrships upon the giountU of piu- chance it, should they be dissatisfied with
cuoci ue sno.u) "vw,; - . a.,t, wlll UKC CMCOt .nem -etves ; nut fie . Ceoce and caution arc without danger. the decisions of their predecessors The
I lev 13 i3 v.ii : - i sotral interest in these improvements a;.d am opposed to humbuging rnyscli at least consequently my course will be that, which may afford ihe most picb-bil V ity of ultimate success. Unless satisfied t!::;t you desire .1 change I shall support
cimmctioimc poo: u perm mi instructum 1 ne immicu farmers only risk a limited people are sovereigns, and submit to be upon the public At present when the sum, and hav c no concern in managing the gov erned by a law they know not, and cantax on land is not paid, the I md is offered business, b'.yond a right to examine the not know, and which nevertheless will not
"j, 3n.jvv wv kwm "iMuiunii uutiNs aim iu itccivc iiicir snare 01 tne excuse tlieir
Jmg th
icrnoran&c outs rules. Tho
vests It 1 shall 0 '.! any reasonable cn nroiits at stated net oorU The whole hnd- nnU i cr.tr;r.r. ...
couragcir.cut 1 "ill propose instead of scl 1 ness is conducted by the active and zim- making of laws to the leirislature. atdth
land ter the tax S;c. to vest it as i.'cd partners, unon whom, the whole re- ad minimi r:tmn rf thrm tr th' :a .
