Western Sun & General Advertiser, Volume 19, Number 50, Vincennes, Knox County, 24 January 1829 — Page 1

BY 15 LI II U STOUT.

V1NCEJSNKS, (INU.) SATeHI)AY, JAN UAH Y 24, 1820. Vol 19, No. 50

THE WESTERN SUN IS published at &2 50 cents, for 52 numncrs ; which may be discharged by the pay ment of 8 2 at the time of subscribing. Payment in advance, being the mutual interest of both parties, that mode is solicited. A failure to notify a wish to discontinue at the expiration of the time subscribed for, will be considered a new engagement ; &. no subscriber at liberty to discontinue, until all ar t carages arc paid Subscribers must pay the postage on their papers when sent by mail. Letters by mail to the Editor on business must be paid, or they will not be attended to. Produce ivill be received at the Cash Market Price, for subscriptions, if delivered 'within the year. Advkktiskmf.nts not exceeding thirteen lines j will be inserted thtec times for one dol ar, and tvjenty-Jivc cents for each after insertion longer ones in the same proportion. $CT Persons sending Advertisements, must specify the number of times they wish them

inserted, or they will be continued until ordered out, and must be paid for accordingly. Indiana Legislature. From the Indiana Journal. IN SCNAl'I-:, December 18. Mr Hiving from the committee on canals and internal improvements, to whom was referred on yesterday a document transmitted by the house of representatives, purporting to be the report of the Wabash and Miami canal commissioners, m tde a long report, shew ingthat that document was not what it purported to be, but was little more than a mere skeleton or index referring to sundry papers, memoranda, or letters, which arc unquestionably rendered the most essential part of said commissioner's repot t, and concluding with a resolution that it was expedient to lay the papers on the table till the essential documents could bo obtained; which report and resolution were ordered to hz spread on the Mr Ezv'Kg from the committee tu whom the subject was referred, now reported a memorial of the general assembly on the subject of the extinguishment of the Indian title to lands within the state of Indiana, which passed to a second reading. Mr dark- fioai the committee to whom' was referred the subject of creating a general

v . ..recorder's ollicc, for the better security of the

transfer of real estate, reported a bill on that subject which passed to a second reading. December 19 The senate resolved itself into committee of the whole on the bill to repeal the 2d and 3d sections of the act regulating the interest on money, which was repot ted back to the se

nate without amendment. Mr Clark moved to postpone indefinitely the further consideration of said bill. This motion gave ri-c to a lengthy and an animated debate, and was decided in the affirmative, by a vote of 12 to 9.j Preamble and joint resolution, on the subject of the t ight of sil, Iv.nincT.t Domain, Jkc within the state of Indiana. WUKKFAS, your committee appointed to investigate the right of the state ct Indiana to the soil and eminent domain of the unappropriated lands within the same, find U;on examination, that the state of Indiana, heretofore, was a part of that country called the Noilhwestern Territo: v of the Uniu d States. This territory embraced all that tract of country which is situate northwest of the river Ohe, east of the river Mississippi, south of th ; northern boundaries of the U States; com niencing at the northwest coiner ol the United States, upon the east bank ol the Mississippi river, and extending eastwaid to the state of Pennsylvania ; im.-nce south, by the west line of the state of l n:.s Iv ania, to the river Ohio Thi- 1 1 act of country was claim

ral states of the Union, at various

by New rod Vir-

any nine or more of them. Same vol p. 5S9, , lzcns ol all the old states hae ever .since that '. the same, vested in her. biinn a ncccssaiy

the 9th article of the confederation contains '. pc. iod, claimed, exercised and cnjocd, all j appendage of sovereign!), and irscpai this proviso No state shall be deprived of i the lights and powets of sell govei nmcnt, : fiom it The United Stales could not i

able

alter

icuuuiy ioi inc uentmuime unueu states witn cvciytigni to the tci ritmy they weiejthat time hold a loot ot laid in the state, exVol. 4th. journals ot congress, pages, 20, j at know ledged to possess, absolute y and un- i ccpi it was constitutionally acquired. Your 1,2, 3, St 4, the subject f the nnapprupi lat- j conditional!) , in the same '.xtcnt as any oth-j committee aie ot opinion this act ol congress, ed lands, and the rights olvhitiini slates to'cr sovereign, tue and iudcpenihni state, na i so far as it limited the acis and uowers of the

such lands were taken intofC3onsk:rat!on bv . Hon or noucr. 1 hev. the old states, have i ot,( sed n nvciitinn in tl,- r v n -Up rf

congrcsi, and genciaily discussed; and con- likewise, ever since that iaikVi claimed and leignty, vv hioh limitation aie nottobc found gress, with sundry other proceedings upon enjoyed ail the i ights and pi ivurgcs. sec.i td in the deed of tcsskn b Viiginia, of the the subject resolved that they couid not ac- j by the laws I i mi ;;ts to indept t. (lent Ac- noithui stem territoiy to the United States, cept the cession made by the state of Viigi- reignties, have been btnind and ieguiated by is in d'utct ioiation of the guaiantecd rights

nia of a certain poition of the public lands, these luws, and no oiher.

ot the citizens o1 the state ( Irdiai a, ai d cr.a

with the conditions annexed, k earnestly se- Then, afiei l!ie i.ernu! of time t-,s fixed in hac no binding cfiVct w l.atecr unon them.

commend to the oiatc ol Viiginia to i e ise ; the ordinance giving tht state iJ liuin.nu the i Your commitu c ai e further of opinion, that her act of cession, and cede said lands without Might ol teif go ei i.thl-ui i.d ai d, no pw 'the powcisol the convention were not, nor any condition, to the United States er upon cai ih itud a nght 10 in ei it i e in tr c ! c oold be derived from the act of C mgrtss, Same vol. page 69, the subject of the unap-j foi oration ol het consul linn k government, but iiom the deed of cesion ; and when conpropuated weslein lands was again taken in- i(p!ov'ukd lei goe-inim.ni b. i e publicum) or stituted a convention ot the ciiizcns Indiato consideration by congress, k all the states j requii e ol iiei io niaU a: siipuiiiiior. bt lui e , i it s.cod in the same n lationto the citizc ns ot the Union, claiming the exclusive pi .jper- sir- should cxciti&e the lights ot sel!gov-Jol Indiana, as a similar convention would ty in the same, -vhich have" made no i eminent, occupy ihe uiriti.-iy she was ac j su.nd, c.dled for similai put notes in any of

cession, arc again earnestly solicited by con- j know 'edgt d to pas;.,-;,s, ;.,t! .c mi: ii o t. ad : the o il slates, in i elation to ti c citizens of gress, to make libeial cesssions ol such lands, i the tights and piiiiic ges of the lav. s ol iati- stale The coneiuion was ret vested with according lo the recommendation ol congress j o:is, be gtilaud ai.ii bnui-ti y iitih, and any power by the people, to tarter away any of the Gth of September, and the resolution j them on'y. AH tU ;: rights weicgu.oun . d the lights and privileges of self governof congress ol the I Oth of October, I7vil), and teed to state ol Indiana by 'i'lgmta, -in mtnt, pi otcction anil happiness, but to etab-

tlrat these states which have made cessions, j her dc.-d ; c e-s'mn of the No: il.v.cstcui i t r hh certain fundamental lulcsby which these

not agreeing m principle with said recommendation and resolution, be i erpiested to re consider and revise the same, and send the

ntory to me Li i ed Siau s. ' jiiglr.s and pi iviU ges should in luture be ex-

In the eons' i;uiion (Ji the Un'r.cd States, i erciscd and regulated, for the benefit and well art Is', sec. s, the povveis ol los.ncib aiebeingof the gieat bo.lv of the cood Dconlc

result to congress. In the same vol. p 231, i described. Tho I0h dirison ol li e H;h sec- they in convention represented. Then bo far will be found a protest ol the state ol New-1 tion. declares it. w hat cv.s, ata! oar w hat as the c-nvention acted, being restrained by Jersey, particularly protesting against the ac- poriion of tcniioiv eoi.gtess. .h;di i y.ci else -j the po-e r of congteas so fi.r the actsoflhe ceptance, by congress, ot the cession made j exclusive juristliction.ai.il hj t cities how, and j convention are not binding upon Indiana by the state ol Virginia with the condition Qfl in what manner confess shall ha vested uiih I h diana derives her rights from the deed of a certain portion ol ihe western unappiopii a- this cxclusivt: ; jui isdiaio", anil lor uiiat pur cession the language of which is impera'ed lands, to which Virginia claims cxclutvc I poses it is git en. Sec. lOih of the same ar- I tivc. It say r-, that w hen any of the new states, rights. Same vol. pages 2G5 k 6, congt'eSrj licit, takes uvay the right ol any state to en- j loimed of any if the divisions of the North-

take into consideration the act ol cession, by j ter into any treaty, a'baoco or conk.dei alien, wti.tetn Tcniioiy arc admitted into the Uni

Virginia, with the coudilion ; and a commit

tee leport, that it is expedient that congress should accept the cession ot Virginia, with all the conditions; which report was agtec.il to Same vol. pages 2lj3-i, congiess take into consideration, amend and adopt aicpoit of a committee, which repot t recommends as wise and necessary, as soon as circumstances shall permit, to erect a district of the wes tern tcriitoiy, into a distinct government, as well for doing justice to the nuny of the U. Sti.tcs, vvhoaie entitled to bounty lands, as a

leward for their services. & c Same vol. ps

Ait. 4th, sec. 3d, piovuies lot the admi vrin on, ihey shall liave the same rizht of sove-

of ia v states into tSie UniM), ai d gives con- j icignty, ficcdomand iudepcndeiicc as the ogress power to dispose ol, ai d n ake all need- ther, or older sta'es. ful rules an I u guiations toptciii g tl.e teni j These are the same principles first held loi y, or otht r piopei'y he:; i gin- it) the U j lorih by congi ess to induce the old states to Stales; and likewise i sa s, " i.t : : ing in this ; make the cession these ate the conditions of

constitution Mhdi le m coo3titied as to pre-j the deed of ccrion by Viiginia. The 9th judii e ; tiy r!ai:n oi ti e Umtcd Mates, or of ai t. of ihe rphfederalicn expressly says, No

state shall he clepnvcd of tei riloiy for the benefit of the United Stales." The present constitution ol the United States expressly pro-

says, u All debts, conti acts and ei.Lgcn ents j hibits every state from waiting any treaty, enu icd it to b. f(,ie the adoption of this con i confederation of ; Hiance. It euarantees to

any paiticular slate Art 4.h, section 4th, guaranties to everv state in the Union, a te-

j publican Ibim id' imh ei i.tuent. Auicle 6th,

o-i-'-o-i, congiess again tar.e into consider- ; h.uution, s!ai he as v.dul gainst the United each stale in tlie Union a republican lorm ot

n lands ! Siau-s coder this conMiiution, as under the j government ; confii ning all contracts and a-

ation, the act of ccs ion of the estci

by toe state ol :rg;;.;a; ai:d t'se d!et congress, from the slate of Virginia, l:,v lotc congtess a iorm of a deed 1. 1 ces:.in"i

cordmjj to the ret of cession, sa. d bv

srinia, October 20' h, i7d.1, etdir.g a

ngn.i ot mat comm-. nwejil n, io tiu temtr.

northwest of t!-.o river Ohio, upon

conditions therein rvnlain::.! -cs.wiy fc( nsstirutioM, nor proh;biud by it lo the states,! fouiid : the 1st, 2d Ec 3d pages, describe what

resolve, agree to :;:. epi said deetl w h nevei ; ar e i e served to the j;au s i e ispecti v e ly , or to j is meant by a natif n or state defines tr e law

the said de!cgo' - ;:i tlie Ma e ti! " rir;inia aic ready lo cm nle the -.roe; w !.?t rn potthe dele gates e: ..-ruled the lie and it w as

in . c.ni't dt i ation. j gi eenu ids entered into under the articles of :i ' 9:h atnet tln.f nt to the constilutii n says, ! eonfederacy W hat rights and powers do so-c-:" th.' er.umet aiir n in the constitution of ce.r-J v ei eign, fi ee and independent republican go-

v it i Imp. lii. shall not be so const rut d as to dc- vei nnients exercise, and what rights are the '1 lin-ii'V " d;p:iag: otheta retained by tlie peo-j natural consequence of sovereignty?

mtr.'v ! r-o !(Uh au-;( n-lme'it says, 4 1 he pcweis

certain 'i t delegated to the Urd iil States by the

In Vattel's law of nations, the whole dec-

trine of government and sovereignty will be

l-; "! ;e

the 1 '.-vl. day of A id, 1816, eotins?

pawd a a aci for the nuriM m; of e lmhiii.p the

U j o . )

otdered to be emu'ded among ,v act -ol ihe cii

Uni'td itales in congr ess asscmb'-ed

vol

, i

pa;j-::

t ) 6-7, 4JH-C, CjO-l-2. t'-.e

Cvimtr subject

of nations specifies what laws of naiicns are subject to. and in what the law of nations originally consists. 7ih paire describes w list is

rv t ! f t m

o! tie ict rttoty ot it tiiana to loi m at me ei ii ot tlie society ot nations, and in wnat

coos: it u ion and s ale gov e nmenl, and fi eonsists the libetty and indtpt-ndf nee r.f rathe udn.hsion of such state into ti e Union j lions. In rig' 9th, art the following piinci-

..1 . .. ll

'.-t said lamij was ;U various times um.i r thej upon :;tiir:ua tooting uit.h me original states, j pies: "rvatiors aie equal, the reasons why consideration ol congress, a-:d imalU eventu-! so says the ad : 'I ids act jUlhori-e-K ihe cit- they ate equal, cstfd with equal rig! ts, end ated in an ordinance, for ascertaining thcj'ztns rd the- iriiu.ry ol ludi.mn io ci.SI a l( - ihe nc csstvrv oersequtrrc of this eqra'ity." mode of disposing o! lands in the weistern i ventiin in u he into oonsiv i i: i ti I he pt opi i- In pages '5 Zz lG,uill be found in whtmantcrritoiy. Among otitcr reservations the ! ( ty of io: o ii g a con.stitntioo a? d atatc gov - ; ncr a nation o- state is formed, and what is

I 6th section was reserved for the use of pub-

cd bv scve

times, fc under vaiious lilies, to wit Voik, Massachusetts, ( mnneclicut,

lie schools, with

a iron

icral

reserving

clause, i

crnri.ent loi b:nl teuitoiy, at the sane tin. e, ! understood by sovcieignty In page 18, is tcstricting ai d prohibiting the vumir.iion iu I described tlie manner in which several sove-

reserving all the rights of all poisons, which ! the ex ere ice ed ihe usual and iupoitai.t eon- i rtign and it-dependent states may form Fe-

thcy may be entitled to under the deed of ces- j ventn-nal pov. r o! a soveu-igtt, fi i e nd in- ' deial Hi public, Ec still retain their sovereignstnn by Virginia. Same v ol. pages f.6 ! dependent repi.b.ie, by le-qnt.ing the consti- , iy and inelependencc. In page 189. it is cx-

and 70J, congress airain had 'he subject of s lotion anti aenrn; u hi: h the convention! nicsslv said, that a suncrior of the societv or

Mimi ; cacn suite, aigueu us v lann rigm : coniormiiy vvun me resoiuiion ot cor. gress ot

as an itulepcodef-.t sovei eijaty. Seveial oihcr the 1 Oth of October, ITS'). Same vol. pagers states in the Union, bom time to time laid ; 75 1-2-3 1, July 13th, 1 787, congress passetl

the western territory under consideration, and j were convvr.ed to loi m, should not he i pa;- to ei eignty of the nation, cannot dispose of recommended Virginia, by preamble and re-1 nant lo ceitain aiiicles ol ihe oidinar.ee ot Jn ihe public piopcity, as to its substance. In solve, so far to change her deed of cession, I ly 13th, 17S7, which congrc t s (not iht soW page 234, will be found these principles as to pcimit the division of the tenitory of icign people in Indiana,) had de l.neti shArl Natuie has established a perfect equality oF the United States lying north west of ihe ri be irrevocable !)etv,een the original states, i ights between independent nations ; their vcr Ohio, into distinct i epuhlican states: not' ar.d the pe(jp!e.. J si lesof the ten hoi) ne.ith; rights to freedom and sovereignty, renders more than five nor less than three, as li e sit-i uest of the l ivei Ohio. j them equal." In page 257. will be found the ation of that country, and future cii .'.mist; n- j This s.uiic act submits fit e pi repositions to lollovving principles 14 How shall a nation ces may require ; u hlch states shall hereafter j the vr.id convention, :.a i!o- art : d lor their 1 govern itself at ils pleasure in the country it become members of the Federal U; i. n. and ' free acceptance or udt oiion" net-u ir.tr lo ; inhabits, it it cannot irulv anrl nVt5nlntplv rii?-

have the same rights of sovereignly. frcedf In , give the contemplated new slate, eei lain ! pose of it ? Ar.d l ow should it have the full

and independence, as the original states, in

claim to a :??r

. j.

.... A. S . I

CoinjTOs'

an ordinance for the purpose of organizing

never recognized any other tight or claim, ! and regulating a govct r.ment in the ten itoi y j plication it all t'u.be donations tor certain reignty, and you will the better perceive the but that which each state derived horn the 'of the U States north west of the river Ohio spec if.ed purposes, rcipdring ihe convention intimate connexion there is between the do-

British ejove rnmeni, guaranteed, in ihcirie-j In tlie revised laws of the stale ot Indiana, as a consideration for the above gil-s and main and the empire of the nation " In page

peer. V'C C nar ie i S, Cx. u il.ii volsu i i um j vo i o.-n mv;i; - , v in iuuiju an ;u.i ui liici i;iaiivj, ui jiujs vmiin.uin., iiictutauic i lira uutll loe IS eSianilSnCU alnCC CVCiaid government by the right ol conquest. j state of Virginia, of Dec 30th, I7SS, coniir- j without the consent of ihe United Sti-tcs, giv-j ty treaty ought to be made with a sufficient Upon further examination in the journals i ming and establishing ihe boundaties ot thcjingaml granting lo the United Slates eei tain power, a treaty pernicious lo the state is null, of congress, vol. 3, page 5:3, your committee ! state of Indiana, as dusignated in the 5th ar- ( rights and privileges, incompatible with the ; and not at all oblitatfry. No conductor ot"

iind ti-.e fust resolve of congtcss, upon

r-ubject of the public lands; which resolve is in substance as follows: ies.lvcd that the unappropriated lands that may bo ceded, or relinquished lo the United States, by any particular state, pun tnnt to the recommendation of congress of the 6th day of Sept. last, shall be disposed of for the common benefit of the United States, and be settled and formed into distinct republican states ; which shall become members of the federal union, and have Ihe same rights of sovereignty, fiecdom

"rsand independence as the other stales : that each state shall have suitable extent of tcrri tonv, Sec that the said lands shall be grant

ed, or settled at such times, and under such cguhitians, as shall hereafter be agreed on by the United Slates in congress assemble Jjor

theiticle of the oidinanceot cone:: ess. of Julv 13.i neids ol a snveteiirn, free and indenendtCtk the nation havinr thp nnnrr tn pntrr intnrn.

tJ . - - w - i r i - - - - - - ...

1787. lour committee arc of opinion, the state. Ihe U nitcti States herelofoi e, m thrir erarrements to do surh thincs, are canable of

ordinance e f congress of the 13th July, 1 783rjud:nancc prescribing the manner in which destroying the state, for the safety of which

was made specially for the purposes sot foi tlHihc public lands m the western tcrritoi y shall the empire h entrusted to him. In pare 162

in the title, and to fix ihe time when each of .be disposed of, gave the If.th section of eve ) will be found the follow ine Principles: the

ry township for the maintenance ot public j countiy inhabited by one nation, whether it schools within said townships. The five pro- i has transported itself thither, or whether the positions in the act, proposes a treaty with j families of which it was composed, finding the state, which the constitution prohibits ;! themselves spread over the country, had forand ihe rights which the act proposes lo se-j med themselves into the body of a political

ihe contemplated divisions of said tciritory should be admitted into the Union, and exercise the same rights of sovereignty, freedom and independence as the old states, in every respect whatever. When that period arrived, as fixed in the ordinance, ihe then citizens of ihe state of Indiana were placed precisely in the same situation as ihe citizens of the old states were 'placed at the time when those old states were acknowledged and declared sovereign, free and independent stales, by the government of Great Britain, and all iheothc rJ n -H " V id r D LJ) 0 Vi w.j? f F'nn Th rjti!

cure to the United Males as the consideiati

on, arc such as the United States cannot constitutionally hold and exercise in any state ; consequently both arc void, and not binding on either patty. For, the moment the tcrri tory or Indiana became a sovereign, free and independent state, that moment the right to

society. This country, I say, is the settle

ment of the nation, and it has a proper and exclusive right to it. These principles always have been, and now arc held as fundamental, by all sovereign, indeprndent states and nations. The old states, ever since the existence of their sovereignty, have held

sma!l portii.n-i d ihe public and unappr pii and absoiule domain of he place in which it ated l.;tu!s tin within the .-. in , ar.d cpiite a has no command ? Another's sovereignty, Sc

smalt pat t ol ne at pi oceei!s ol the balance ; the i ights it conipreliends. must take away its--? of the s:id lauds whenever they should be fi cedem of disposal. Add to this the eminent " stdd, limiting ar.cl restrir.iing the use and an-' domain, which constitutes anart of ils sove- a