Western Sun & General Advertiser, Volume 20, Number 18, Vincennes, Knox County, 13 June 1829 — Page 1

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BY ELIHU STOUT. VINCENNES, (INU.) SATURDAY, JUNE 13, 1829. Vol. XX. No. 18.

fI-' i V "7 V i I ) i r ' I.

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Indiana Legislature.

FHO'I THE INDIANA 10UURNAL. n;-,p..vn-: ON THE DOMAIN question. (Mr. LEVENwoKTrrr, speech continued.) It will be recollected in the f.rst condition of the deed of cession, no time is set when these new states shall be formed ; and when no time is specified in an instrument of writing, requiring certain acts to be done, those acts shall be performed now, in convenient time, at that time which according to the nature :f things the parties in ended. Again, it will be recollected at the time this cession was made, the North-western Territory was a wilderness inhabited principally by the Indians; it was impossible in the nature of things to fix a time when the new states should be formed ; the Indians nm fu st be removed, it must be populated, civilization and cultivation of vhe soil must be introduced, the population in each divis'on must be snthciently r.umerous to support such a government as, proposed : all these operations veold takr time and money to accomplish ; lands must be sold or :.ivcn to settlers to induce them to remove to this

Congress must transfer both the sovereighty and right of soil, that is, so far as the right of soil remained in them. If Congress have any rights in a state, they must be constitutional lights and constitutionally acquired, which 1 will by and by explain. It will be recollected this land ceded was waste unappropriated land, and as such ceded to the United States : Congress agreed when they accepted it, to create a number of independent sovereign states in said ceded territory, with limited boundaries. The moment a sovereign state is created, it is from that moment, no matter how brought into existence, it is sufficient that it does exist ; it is then a moral being, vested with all the rights of moral being, entititled to all the natural rights of a human being, self protec

tion, preservation and happiness : without exercising these rights no being can exist, It would be as reasonable for a natural human beiw to relinguish its necessary subsistence, its daily foo as a state to relinquish its eminent domain, its unappropriated lands, to be disposed of or withheld according to the will and pleasure of another. But again, I depend upon another incontrovertible principle, which is this ; contracts made by two parties granting or giving certain rights and privileges to a third party, can never be changed in any of the conditions without the consent of the party atfectcd thereby, This principle Congress expressly recognized when they asked Virginia to confirm the boundaries of the contemplated new states, which they had made contrary to the provisions in the deed of cession. Alter Congress had caused the ceded territory to be

explored, and found it could not be divided ad-

resolution, say they are sovereign free independent states, upon a perfect equality with the original or older states, in every respect whatever: I call upon them to show me, to tell me how or in what manner they arc sovereign free independent states, how or in what manner they are equal in every respect tu the old states. I can prove to them Indiana is not a sovereign free independent tate; I can show them she is not equal to the old states in many particulars, that she is a mcne'ro vince in every thing but the name : if Indiana was actually a sovereign and independent state, she would own every thing susceptible of property within her acknowledged boundaries. If any of the new States are sovereign upon a perfect equality in every respect with

the other States, I have not sufficient perccp

did the United States prosecute any of the citizens of the old states for tresspasses committed on the unappropriated lands within them ; bringing them two or three hundred miles from their homes into their own court, recover one cent damages and two or three hundred dollars cost, reducing a worthy citizen, a virtuous family to poverty ? When, I ask, when verc any of these acts done by the United States in any one of the old states? They have all been done in Indiana, and are now daily and constantly doing This is a great oppression, a great evil, and calls loud ly upon the people, the Legislature for redress, for a remedy, and this icsolution is intended to produce the remedy. Again, a sovereign state is a moral bcin having all the rights of an independent hu

man being This comparison is certainly

vision, they then divided it in a different ma

lion to discover it. Vattel says, a sovereign correct because it is formed of such beings.

State is a moral being, has a moral body, a j What port or stature can be expected in;

moral win, is susceptible ot laws and obliga

tions, is subject to the laws of Nature, must

protect itself, must preserve itself. A Siatc

cann6t justly be deprived of any part of its

natural being which, from its fii st existence

should only receive one third of the necessary nutriment to support, to nourish, to invig

orate the b.uiy. Can the frame expand, be

btate

vamagcousiy according to the hrst proposal m- j and inanimate. The moral will is that which

vV.r i directs

territory, wealth, citizens or their service ; it clothed with nerves and muscles; could it

present the same manly appearance, as the one which had received all the nourishment nature icquircd ? Would it not pre sent cx actly such a natural being as Indiana does a moral being ; asking, begging for the necessaries ol existence I Not a legislature meets in the state ol Indiana, but before it adjourns places on its journals some memorial, some

resolution, asking ot the United States food to invigorate, to support its moral existence-

i i . t . ii i

iias an exclusive imu 10 an. une

cannot look into the municipal regulation s of the other, or in any manner interfere The

moral body is composed of the whole of its territory, and every thing within, both animate

rntorv. A ii t ncs considerations i nave no

t-';bt, were in the view of the two contracting parties : and I have no doubt the parties, taking this view of the subject introduced the first condition without, a specific time, and at the same time taking into view the necessary expense of removing the Indians, settling the country, organizing and supporting temporary governments ; all of which must nec( srarily come out of the public, chest. Hence the lust condd'.h-n was inserted to meet this contingency. The ia:ir;nagiuscd I think is clear, and will bear me out hi giving it the following construction, vir. : that the. formatie.n of sovereign, free and independent ,'ites was one of the before mentioned purposes .'lluded to in this part ot the deed of cession. Then congress had n right to reserve a portion ot this land for the formation of sovereign, free and independent states. Congress was obligated to fnrm the whole territory into sovereign, free and independent states by the first condition. The language of the last condition is 44 all the lands not resevved ov appropriated to any rfthe before mentioned purposes, shall he a common fund for all thc.lh States, shall be dispr-ed of, and the proceeds faithfully applied for their use and no other." I ask every one who hears me, topav particular attention t this it is that part vhich is not reserved for any of the lie fore menrioncd purposes ; it is th'i p o t a Inch shall not b appropriated to any ot the before mentioned

Durnoscs : it is a nart ana not tue whoie men

s to he sold and the proceeds .spplied for

benefit of the whole United State ; it is not any particular part, but an indefinite part, such part as Congress shall deem expedient to sell before said new states shall be formed, before the time shall arrive requiring their formation. But when th it period does arrive, then Congress cannot delay, the states must be fonned, the sovereignty Must be yielded, and with it all its attributes. But so far as congres ? does veil before that period arrives, the proceeds shall be appropriated ccc Taking this view f the subject, gi ing this construction which 1 believe is correct. I find no contradiction in the conditions ; each can stand.

r 1 1 c i ! 1 1 1 ( I r mwi 1 1 r rtt 1 1 1 1 1 rri 1 1 v ctpri

Out expressly said thev had no authority to div.'do ., ... 1 . , it in a different manner from that described iu l,.,lnS w'" h passes or is done wrhin that terthe deed of cession, that such altered division j ril0I7 J the moral will is the municipal law. could onlv be permanent bv and with the consent i Al1 Ihcac things taken separately, are com-

of Virginia. It was thought necessary to estab- j poncn: parts o! a sovereignly, all belong to a j s0 many badges of our poverty, so manv cvi

ubu siiui i.e. ooanuaijcs mat Virginia suomu uouy pontic, ?.u must be preservec, protectt ci dences that our natural liehts arc violated.

uumc.niui was uone acc orcungn j tnd detended ; all these laws and obligations A-ain, the gentleman from Franklin, (Mr.

passed an ordinance organizing and regulating a territorial government m the ceded territory and new states, fixing a definite time when each of the new states should be admitted members of the Union declaring a certain part of this ordinance fundamental and forever binding upon the new states, and unalterable without the consent of the old states first had and obtained, in VVich fundamental part the new states are prohibited I 111' Jiollt t 1 'V 1 t - I It , f ill.. lirii'HM I l' 1 , i t a"

theseM in certain eases to wit. so'thr as thev. in between them shall tore, er be

- ' I .I.,. . . . . t . I . . - . , I . K I 1 . . . t . . I I ' . ...... .

you shall never tax any ol these landti so I'-ng

as

Congress, had disposed of the right of soil for any purpose whatever, the new states arc net to interiere, and so far as it remained in them when the states should be admitted a member of the Union, such states shall have no rights of taxation as long as it remained in Congress. 1 will ask who has the right to establish fundamental rules? The answer must be the sovereign. W ho was sovereign in the ceded territory ;'ter the cession? Congress who will be sovereign when there are 60.000 free inhabitants in each of the new states? i lie people in that state.Can

one sovereign in a territory m any manner estab

, . ' .

sovereign states must observe, anacan not j allace,) contends one sovereign can have dispense with any part. W hat said ConAsb the useful domain and another the eminent when they passed the act authorizing aTcW domain: but it will be rccouected that Vattel vention in the tcn iiory of Indiana Yuu j says, tha the state possessing a country has may be a sovereign, irce and independent . th exclusive litrht to every thing in' that State, but you shall not have the light ot oi . count y. If I have a right to the whole, no in the unappropriated lands in your bounda j other j e.n ea - have a right to a pan : the ries: them we will appropriate for our ou u ; : useful domain is a part of the full domain USe. Your navigable Waters and the carry- and is flhiavs on nniod sml rpontntnl in nrl.

nianncr as the soie cign shall deem ixpcdicni w ho possesses the country. Again the gentleman from Bartholomew (Mr Mil cUer.) i-efets to the state cf " Con-

you shall never inter fere with the pi im.u y iiecticut os an argument to support the op. disposal of the soil ol those lands saying j position ; but this case will not uj ply. Conin the same, act, ou may and you shali riot be j nrrticut when she made the c ssin of her a sovereign, tree and independent State you j jm iIiction she reserved the ric;ht of soil, and may form a Constitution, you may be called reduced it to private property. Had Virginsovereign, iiee and independent you may be ia said in the fust condition,' the new states o admitted a member o! the Union, and tailed i IOrmcd shall have the same rights of sovCcqual in every repect whatever, but in prac- i u ignty, freedom r.nd independcrire astW-ah-ticC in fact, VOU Shall not have the CaClt'ialS ! rr st.itm. ivrint tfip r':fit r.f nil in !hr

hsh any rules which wnl be oohgatory upon a of sovereignty, t.cedom and independence ;i propriated lands, which shall be disposed of suhseonont snvrn'uni in no vimc cvn nvv i . . . - 1 '

en.t tinn., and

a

v:ch can he executed, but at di

this e.o doa'-t was the intention ot ti;e vartie

manifest hunt ation to the duration of the time i ongress should exercise sovereign juridiction

over this territory, appe:;red in th.e very act c session. The f.rst condition requires the forma tion c states, and gives them svercigntv, frte

dnm and md pendence. When t!;tt time arrives.

subsequent sovereign m tlie same territory

i he answer must be in the negative. The firs, sovereign who had the absolute control of everything within the territory and established certain fundamental rules within said icrrritory, and. declared them forever obligatory, can mean in .the nature of things, no more than that such fundamental rules shall be obligatory only so long as that sovereignty shall txist. No one. can ihsimto

hut that, a suoseviiitnt sovereign womd liave ex- !

aotly the same rights as the hrst to establish fun damental rules, consequently may alter, or abolish absolutely, the fundamental rules established by the first. Then any ordinance ur law established by Congress in any ot the le w states can oast no longer than Congress exei i :se sovereignty therein. When any new state was admitted

the a member of the Union all lights ot Congress to

i sovereignty ceased; this sovereignty must be

transkrred to the people inhabiting that state. In the 5th article of 1 ? Congress ordain and declare whenever any of said new states shall have 60,000 free inhabitants therein, such state shall be admitted by its delegate into the Congress of the United SStates on an equal footing with tlie original states in all respects whatever, and shall be at liberty to form a permanent constitution and state government. Here then, in this 5th article of the ordinance; Congress fixed a time, a definite time when these new states shall be admitted members of the Union. I wish it to be recollected the language is imperative, the time is definite when each of the new states slm.ll have 60. 000 free inhabitants, then it shall be an equal, that is, it shall be upon a perfect equality with the original states in all respects whatever, rhis provision in theoih article in substance, is precisely the same as the first condition in the deed of cession with onlv the addition of the time

you shall be a pi ovincc in every Hung but the; ior the benefit ol the United States, then the

name, you shall depend upon our bounty h om , i dent nee would be applicable ti.e same antime to time lor the me am, of subsist! ee iv. a v,Ver i4ay be giventothe ic'e.-ence to the state State. All this the opponents ot this rcsa GI .Yiuino. 'I he light os soil u expressly exlution pictend to deny. Hut lot me examine cepud in those two cases, and cannot apply, a little further . the State ol Indiana contain! i$ut no exception was made by Vij;ifia, the 2I,C00,00'J acres o fiat, d, only r.hont one ihiid , session is general wiihmit nt y exception has been sold all the balance K cnappi opi i- whatever, consequently the right f soil must ated, in the possession ot the United States ! pa-.- with the sovereignty Congress was They claim this, they say it is their pnap'cr ! only a trustee for the inhabitants ot the new

ty. congress passed an ordinance in 1

and in that oj dinance declaitduil the I

t he North Ves.tetn territory to belong to

Conoresi It used to take two parties to make a bar gain, but Congress can make a bargain by passing an oidinancc, tor millions ot acres oi land and pay no considciatiun lor them it is absolutely ex parte, but no matter lor that,

,37, states for a dc .finite time: when that nciiod

m : at rived tliey were bound to deliver the whole

so long a3 they can hold the land and receive the proceeds. In this manner the United

oongress ni'st, is absolutely oouno to rennquisn ' i-i un iiu .u-.-ssiunun iiuii.ui.eu memuers t he sovereignty. I find nothing in the deed of I ot the Union ; each provision guarantees the new cession which "can deprive Indiana of the rights stales, when admitted, shall have precisely the

1 contend for: it does appear to me this deed same rights and privileges ot the old states in ev

aipports and guarantees them gentlemen in tlie

ippositien who contend the hrst condition has reference t sovereignty, sej)arate from the right "f soil, and that the latter condition has reference to the right of soil, separate from sovereignty ; attempt t divide that which cannot be divided, to support a part, when there can be no parts Sovereignty cannot exist separate from territory and population Sovereignty, to a territory and popula : is to that territory and population, what n.h.d i ; to the human body it animates, x u'.es and directs all that passes within every where co-extensive with the territory and population. 'I he doctrine contended for by the opposition in this particular, is contrary to evcrv established principle upon this subject. Vattel says, every tiling susceptible of property in a country posres.ed by a s.tate, absolutely and unconditionally belongs to the state ; cannot exist without these rights. I contend the first and last conditions both include the sovereignty and right ct soil : by tlie lsst condition. Congress is vested with bctli the sovereignty and right of soil for a limited time, that is until the time, arrives when

me'.t h- fvecute-j. Then

ll A

cry particular whatever: that is, if the old states

were, independent sovereign free republican states, the new states must be the same ; if the old states had the right of eminent domain, the new states must have it ; if the old states had the exclusive right ot soil of the unappropriated lands within their acknowledged boundaries, the newstates must have it ; if the old states had a right to make all municipal regulations within their acknowledged territory, the new states must have it ; it the old states had exclusive jurisdiction over the right of soil and population within their respective boundaries, the nevr States must have it ; in fact I can mention tic right oxvprivilege which the old states had, but whaUthe newstates must have when they become members of the Union, because the first provision in the deed of cession says, when admitted they shall have the same rights of sovereignty, freedo n and independence as the other states, and by the oth article of the ordinance, they shall be equal with the original states in all respects whetever language cannot be more definite, lucid and positive These new states have all been admitted members of the Union, and r. cpr cncr. tc thh

it list to the people, to comply with the whole condition. C To be ccrttitiwd ) The packet ship Ainethy st, at rived at Boston last Tuesday, in 19 days from Liverpool, bringing London daUs tothc C;.b. and Cfvci pool to tlie 2 1st April; inclusive, four !$ys

! later than were brought b the Canada. They

states owns two minis oi inc son ana emi- furnish, however, but little additional news, ncnt domain in this Stale. Indiana cannot tiik i.ate kah i iihuakk in -kais A letpopulate two thirds of her land, she cannot tcr liom Madrid ot the 2d oj April, stales, cultivate two thirds of the soil, she cannot 1 that tresh shocks of an eartl.qi ake were felt raise a revenue in two thirds of her territjjy, 0 the 2.1th, 30th, and 31st ot March. The she cannot exist without territory, Y.itlin latter, w hich took place in the night, sprca?! population, and without Icuility ol soil. Lx- terror and consternation in the city. IT the tent of territory and industry, is the w ealth of accounts t"i run Madrid. ivcn in the French a State: numbers is the strength ol a State, papers, be t . ut, the ducts oi tl ec earthIn this manner Indiana is deprived of two quake s in Murcia have extended far beyond thirds cf her wealth, and two thirds of her tint province, and been attended with still strength. Education is power, internal im- j more fatal disasters than on the sp, i'se.!. n provements arc power, the rdrst cannot be ob- j All Cadiz, it was reported, had b. ( r, sufu..crV tained without wealth, nor without it can the tged, though pains were taken to tnncejj i!iat ' second be constructed ; all these operations; dreadful calamity, by which every family in must be attended to, a State cannot protect! the kingdom, and many in other lands, would 0 and preserve herself without them, eyarcjbc thrown into desolation ; for that rich c mabsolute necessaries for her existence Hut J mcrcial city, comprised within its merchants

n may be said by the opponents, this tRte . individuals from almost cvetv ouc.trv on can buy the land of the United States. Buy earth. The number of victims hi'hci fo du,-

what buy her sovereignty r Buy it of whom ? The United States ? Which of us ever heard of the United States selling the sovereignty, the unappropriated lands within any of the old States ? When did the United States make all the navigable waters in the old States, and the carryq- places be tw :en them, forever the public property ol all the United States ? When did the United States prohibit any one, or either of the old States from taxing two thirds cf their land, or even any part ? When did uny one, of the old states buy any of the unappropriated land situate in such state? When did the old state of New York buy of the United States the celebrated Onondaga salt works, situate insaid state, and v?hat did she give ? When did an old state buy aiiy part of its sovereignu snd V3y qt it in dcUM sr.d rrr?n ? Whtii

out of the ruins of the tow ns destroyed by the earthquake, amounts already to upwards of 3000, and that of the person wounded or mutilated, more than double that r.umhc- . The houses destroyed arc between 6 Sc 7o0. The wine and oil of last year arc destroved. The kingof Spain ha3 ordered all the revenues of the province of Murcia to b employed in relieving the persons reduced to misery by the late tcr riblc earthquakes in that country It is said also, that 80.000 francs, the produce of the sale of oil, had been destined tor the sime purpose. Key West, May 1. Arrivals at Havana, from Vera Cruz, bring information, that important changes in the government, Stc. were expected soon to take place. At present the

armv snd npvvcrc vntbotit nav, cmd the trea-