Western Sun & General Advertiser, Volume 20, Number 19, Vincennes, Knox County, 20 June 1829 — Page 1

BY ELIHU STOUT.

VINCENNES, (1ND.) SATURDAY, JUNK 20, 1829. Vol. XX. No. ID.

THE WESTERN SUN IS published at S- 50 cents, for 52 numocrs; which may be discharged by the payment of $2 at the lime of subscribing. Payment in advance, bcitr the mutual intercut of both parties, that mode is solicited. A failure to notify a wish lo discontinue at the expiration of the time subscribed for, will be considered a new engagement ; . no subscriber at liberty to discontinue, until all arrearages arc paid Subscribers must pay the postage on their papers whnsent by mail. Letters by mail to the 1 litor on business must be paid, or they will not Ue attended to. PaonrcF. will be received at the Casi Market Vr'cc, for subscriptions", if ; delivered within the year. AnVKRTISEMHNTS UOt CXCCCding thirteen lines, will be it.serted three times for one dollar, and tivcntu-Jivc cents for each after insertion longer ones in the same proportion, t?; Persons sending Advertisements, must

specifv the number of times they wish them t c

inserted, or thev will be continued until orucrcd out, and must be paid fo;' accordingly.

its internal concerns. But I cannot admit.com

individual. The state, us a state, has a right to

gross has power to dispose of a state or anv part contend, to complain, to ask for. and demand her

of a state, or to regulate any of its internal con-j rights. As a member of the Union, she ought concerns ; as one thing cannot mean another j to contend, ask, and demand the same power, thing, territory cannot mean a state, or any part j same rights, and the same jur.Mictinn as the old of a state: territory is without a state, beyond a i states. The new states should never consent to state. Other property for the same reason can- stand in a lower scale in the L uidh than the old not mean a state, or part of a state ; it must be states. When the U. Stales encroaches upon understood to mean goods and chattels ; chattle j state rights, it is a sacred duty to protect those interest, which may belong to the U. States se-! rights ; it must be done to prevent consolidation, parate and distinct from real property. The 1th j to preserve the Union. I cannot sum r the vital

sec. of this article specially guarantees a republi-1 interests of

Indiana Legislature.

l-ROM THK 1'DI AK'A lOUURXAI,. DEBATE OX TlIK DOMAIN' QUESTION. (Mr.IiKvnNwoRTn's speech continued.) As it respects the ordinance of 17S7, that part vhich goes to deprive the inhabitants of the new states of the right of soil, to raise a revenue, to tax a part of their territory, &c. I will observe, that to make a contract valid, there must be two parties able to contract, willing to contract, and they must absolutely make the contract. And I do net hesitate to say the inhabitants of the ne w slates never were a party to said ordinance ; it is wh' llvex parte, conditions imposed upon them without their consent. It might as well be contended the acts of the British Parliament, before the revelation, bind the old states. The doctrine in the old states is, that the people are the sovereigns. They have the only rights to the territory. I cannot conceive how the rights of the new states can he abridged or justly withheld. The 9th article of the confederacy says, no slate shall be deprived of territory for the bentit of the United States: the present constitution says all eontracts ovule under the articles of confederacy shall be as valid under this constitution as they were or could be under the article of the confederacy. Again, the constitution of theU. States, which is the paramount law of the whole twenty-four sovereignties of the Union ; the fundament d political rule which regulates their political rights, their political concerns one with another, guarantees to earh a republican form of go eminent, it prohi i iis the 17. States even to purchase and hold land in anv state, except for special purposes, and pai : ribirly specifies fn what purposes. They caai.i t pai chase and hold land for these special inirpn-i s !vat bv the consent of the Legis-

4 ' lature ot th

specially guarantees a republi

can form of government, and consequently all the essentials to constitute that government ; all the essentials of a sovereign, free and independent state ; all of which I have before described, and I presume are now in the mind cf every one present, and need not be repeated. Again, the 10th amendment to the constitution says, " the powers not delegated to the U.StatejS by the codstitution, nor prohibited by it to the sta-cs, are reserved to the states respectively, or to the people. Here, in this amendment, is a complete exposition of the whole constitution. This amendment

completely supports my rule ; it expressly says,

that one t.nng shall not be construed to mean an

other thing ; that the nowcrs not dcleg tied are reserved. This amendment limits and restricts all the powers, all the jurisdiction, all the sovereignty of the U. States, to the express letter of the constitution ; all power, all jurisdiction, all sovereignty not expressly given by the vcrv letter of the constitution, remains in the states, or in the

state in which the same shall he si

tuate. This doctrine is expressly stipulated, expressly 1 lid d-v n i'l so many words in the 1st art. 8th sec. :u .d loth division of the section in the constitution. The correct rule of construction given to all iastvumvots of v riling, to all fundamental rules, to all constitution, whk-h I presume

no one will or car. deny, is ilo , : toe expiaa -am ot one tiling, or the atannalive, excludes another thing, or the iv-.ati e. By this ride of construction which, cannot bo controverted, 1 ask, how is

hold two

it p issilde th

thi ols oi t!ie land iu the tate ot Indiana f I he J. States rar.'ivit occupy this laud as the : eat oi government: tiKV carat ot occupy it as ites for forts, mag-' does, arsenals, dock yards, and other

v.eedtul hv.uuin.'rr. and lor otlu r purpose can. titev

occupy land in a state : hf,v cannot occupy land

the state to pass awav without rais

in y voice to protect them. If wc suffer the lights of the state to pass away, with them must go our happy form ot government ; all our institutk ns, both civil and political ; all must stand or fall to gether; and my anxious desire is, all my abilities shall be exerted to their utmost extent, to preserve both., and keep them all in progiessive perfection lor the common good of mankind. With these iewa I leave the su! ject, hoping the

Iiouse will reconsider the ole sti iking out the j

resolution from the enacting clause, reject: the amendment oilercd bv the gentleman from V.ivette, and pass the resolution in its original hu m. THE CASE O lDlCXV A T K I N s! Wc have said but little of the allicgcd dcsalcationsof Dr. Walktns we knew some

thing ot the subject belorc any public notice was taken of it. Wc felt regret, and do sull teel regret, distinct trom any political ccnsiderations, that a citizen, a public functionary,

people. Again, it is said, the states forming the j and a man oi large family, should have viounion. in their individual capacity arc not sove- I pdlcd h:s trust al,c! aiiovvccj m,bC lo abduct 1

the public lunds, no mat cr how small Bui the case is now assuming a difVci cut aspect the Adams presses arc attcmp mg t. aiake a political thing oi it, and loshicd the. act u sed under the banner ot the coalition. Foremost in this discreditable com se, weicinei lo say, is the National Intelligencer, hich paper, among othei attempts to smooth over the matter, euvs!dei s the aniouiu ot uciidcation (about 4,oo) us an evid nee that it is an error not a fult a miscalculation i.t , malfeasance. This is detestable dcxttin. tiecause the pubJie Treasuiy has not bet robbed ot gi 00.000 because a hog sum is not missing are wc to passovci an item of deficit ot 254,200 under the name of ei i or, or misca.culation ? What arc the facts ol the case? The ruc ccssor of Dr. YVutkins, on taking possession ot his oilice, discovers that there is a deficit ot S l2t)0 in the accounts ot h.s predecessor, i his is reported as a matter ot duty io ti e President, who orders tiut l tic piopei n.v s tigation be nu'de. Dr. Waikms uasnc.ufi d

it iO, w . s

reign, free and !ndejeude!:t states, as surh can

not claim the nrails ol so erc;gn.t , aval ru e as a reason, they have formed a federal republic, a federal alliance; hae adopted a constitution, and that constitution which all are b und o'.servc, deprives them of sovereign lights. Vhat is this constitution ? It is a political ride, adopted by sovereigns,!)' which they all say their political conduct one with another, and w ith all other sovereigns shall be regulated. By w hich rule all are equal, all are .parties, all collectively o;rrcise the political lights prescribed by this political role ; no one relinquishes any sovereign right, but only agrees to exercise certain sovereign rights jointly with each other, for the express purpose by said union, more elVectually to protect and preserve all their so eveign rights ; consequently have not relinquished any part of their sovereign rights. What are tiie U. States ? A union of nations. The U. States' government bears the same relation to the states, that the state governments bear to the people in the states. The pea pie are the secroig s in the states, and the states are the sovereigns in the 11. States. The people constitute the state governments, and the states constitute the U. States' government. The state governments exercise municipal and politi

cal liahts. 1 ho l.T. State's juivernmei-.t exercise

cannot; -

friend ; one who can apptcciatc his vamc horn experience, who has participated in his fatigues, has privations and his victories, and who will protect his rights, and reward his faithfulness. I). 44 It uould afford the president much satisfaction, could be adopt the reccmmcndaticn of the court, set aside its verdict, ami restore Col. Woolley again to his rank and command. This, I m directed to say, cannot be done, regard being had to the high obligation of seeing that thw laws aic faithfully excelled. 4 Col. Woolley h charged and found guilty of punishing a soldier with lashes. This U so flagrant a violation of the positive law of the country, that the cxccutiie clemency cannot be interposed, whereby to excuse, or justify hereafter, any similar conduct in otlici s. Every soldict , before he becomes such, is a freeman ; and even after his enlistment, sunenders those civil rights only, which arc demanded of him by the legal, the constituted authoiilics of hiscountiy By the law s of that country, he tecls and believes himself protected, when entering u pan the enlistment, Irom every thing of personal abuse, and personal degration ; even by a court martial, stiipesor lashes cannot be inflicted, because t c law prohibit them ; still less should ihcy be suffered to be inflicted by an officer w hose duty ii is to be the soldier' protector in all his legal rights, and to watch over them with the justice and care of a father I he soldier cannot be subordinate and laithful, while he sees himself subjected to the abuse and tyranny oi hisoihct i. in despite of the pioieation which the poiithc laws ol his country assure to him. Personal iolencc on his part towards an officer, carries with it the ptmishn cut of death; while he for similar aggtession towards him by his nfiiccr, is depi ived of remedy, if aftci conviction by a court, the offender shall fmd clemency thiough the interposition of the Executive. 44 ISy order ol the President of the United States" (Signed) JG II EA 1 OX.

. . til l! llif. cvrtw v iti r!r . e ft. . .i!!

re tso rnemnpai . " i

rights except by tiie cotiset'.t of the Legislatures i diacovcrcd. What steps did ll.e- Or. I

of the respective states. The U. States jaristiic- Did he fo forward immediately & cxphhiition is. lim'ted, is iestvct( d, is p arti'.aila: ly spe-! point out the error, if one deny the i.l;.n g cihed, has p ii de-da; bounds: so far it may ex-j and ptovc it false ? No he Idt the tu, tend and no furtiier : c oout hold lauds general-( tl,c president deemed it his imly lo iuv, e hm lv, hut specially, and tor special purposes. I ins, j to.i

no (.iouot, is to prevent cnrreaeiimems oj;on

rights, to j)reent co:is;'iulu'ion. I he Have tho )iirse and tiie sword, but are bound to Use them at alltuo.es and on all occasions for the coram on benefit (d ead; and. all. They exercise the treaty making power, are hound to exercise it eo all occasions for the benefit of each and every one. Tiie states are prohibited the right of making se-j-.trate treaties, no doubt to prevent the consolidation of two or three states, to prevent an overgrown political power in any section of the Union, vhich might destroy the other states. The -.tales cannot treat with the U. States : this prohibition is necessary to preserve harmony and equality, and to prevent favoritism. States, like individuals, will be contented until they sec ether states more fivored, more prosperous, more happy; then they will impure into the reasons, try to discover the cause. What means all this discussion ? What is the cause of all this inquiry ? A state is laboring under great deprivation. She is deprived of the exclusive right to two-thirds of all her territory ; a great part of that which she has in possession is a wilderness ; no means to construct public roads, or make internal improvements ; her children growing up in ignorance, without the means of education. Other

iv mv op-M a.ents That the convention in 18 10 by states are appropriating the proceeds of their

in a state even fr these

ost

s without the con-

cut of th lature of the Unite; in this st .i the Touch'

I. - M-iatore or that state. The Legis-

t n

rover ith en consent that

a-;-; shou-d oarchase or hold land f a any purpose whatever. Then i nv s; ! e it resisible if the U. States

do claim, do h- Id any land in the state of Indiana, it is in violation o: the constitutional lights of Indiana, and it is our daily in a '.inn and positive

manner t ci.am iuue i:,,ai. ai;.un, u r urgeu

ordinance i iaspuMUO t eiiam uguisarai pans f the territory of this state to the U. States, and she c.inni t .iou laim them. This doctrine cannot be supp-ru d : ni will fa a I in the constitution the l';di s a ti in t.f the same articles 1 have pibt (pioted, Ul division, these words: 44 no state shall en'er into any treaty, alliance or confederation." Tni ordinance was a tt eaty if nude by tire convetiti. -n in the name e.r.u behalt of the state, and in thi; view it i cutidered. Ail kind

of contracts made w nil

lands for pubhc state purposes, internal improve

ments, and education ; the proceeds of ours goes into the U. States' treasury. Wc are deprived of our natural resouiccs. All the states in their constitutions declare all men are born equally free and independent ; all have equal rights, all is republican in the state governments ; all muni

cipal regulations under the state governments, grants and secures to each individual a perfect eoualitv of riehts ; all political laws declare all

V

L he coalition presses are quiie indignant ard the Intelligencer, one ot ' ti,c Kdiu,r.- be inp- a mcmb'T ol tlio Mand puy, eiuieaims to give a political coloring to the nan w:ii.ii,. Has it come to this: Th.it open tt. l.icatjoi of public officers is to be to!ct.ired, or smoothed over on political grounds ? Nil only hawaste and exti avaganct a disi ega: d ol pub lie opinion Sc public duty, urn ked the course of the late administration, but its fiiends attcmpt to paliate a tiaud. Wc hope Or. Watkins will be able to show that thcie v. as no criminality in this inalkasance ; he cannot deny that the sum has been abstracted Iron, the treasury, without the color of law. On this point, and on others, wc pcrceivi a strong disposition in the coalition prints tassail general Jackson with great violence Vhey may is well know th? giound ttoc) stand upon. Mr. Adams and Mr. Clay mav have found it ncccssaiy to shrink from the el feet of public opinion, anil back and fill to suit the time Men obtaining power as they did, can maintain it in no other way ; but the) mistake their man if they imagine that genl Jackson fears any thing. His intention iv,to do what is right : the people freely admit it he may err, because he is but a man ; but no clamor can shako him from his firm determination to do his duty. It the present ca binet should halt in the march of rcloim

should think expediency, policy, and tempo

Lost Land Certificate. J O J ICE is her. by giu :, that six weeks after date, applu .. i i. vill be made to tiie lUgisto ot the Lano Office at Vmcennes, in the state of Indiana, ur a certificate of t ( a v k i tm d land stock for the amount paul

on the hoith cast quuitci ol section numbcl

t v. cnty-two, in tov.ir hip N( thice south, of

range No twelve west, entered on the I'Jtli,

day of May. and forleilvd for non pay ment agtctably to law ; now clainudby me, unrlci the a,t oi congicss ol 23d May, 1823, entitled " An act for the relict ot purchasers ot puhiic lands that have rewind for nonpayment ol the pui chase nioncv," the original certificate of the purchase ot which has boon lost or destioytd Given under my hand, this I iib day ol May 1823 u-fu william Mccormick.

Lost Land Certificate. Ol It L heoeoy given, that application will bo mado to the Hegibter of the Laud Oilice at Yiniermcs, ai tnecxpira' Hon of six wet l.s, for a Duplicate Certificate

lor Itactional section No. tliinidi, in town-'

i.:.. st, iv... . i v l . .

-.iiiji ii. luui ui i.iogt: .n lOUriCCII wa st, exec;. t oat paitwhirh Ius hetnrclin(pushed, the origitnl ccttilicatc fe.iving broti lo,t or dcstnyd. Given under my hand, ritis lUh day ot Mav ii20 U-6l S I LPIILN srAXLKY..Wwsrr. of the heirs of William Hondku. ot cd. Lost Land Certificated v OTICL is hcichy given, that six weeks idler date, applieation w ill be made to the Ucgi.-dcr of the Land Oilice at Vinccnnes,

in the itate ot Indiina, tor a certificate of FOKfKiTfcn land stock, for the amount paid

i in I h c ti in 1 Ii Ui ,l mill ti r nl frtinn im iJ-i" W

twenty nine, in township Xo. thice south, cf range No two east, formci.v in the Vinccnnes District, tn'cied on the 9th day of March,

IS 10, and forfeited for non-payment, ag:Q.a

bly to law; now claimed by me, under the

rary anangemcnts ate requited, they have a ! at -t ol congress of the 23d May las'., entitled

i jove;enn are tivnt es. ! sov eivi-:i. tree and nu eteiu ent states ncr ect v JhlCI, Whose moral courage ts equal to his ' "' 4UI m punnaeibOi pUD-

and soci;nd.h i.d by all polhical vv liters ; then it ecpial, vvith equal rights. The constitution of the j personal bravery, and who will set an exam- j lie lands, that have reverted for non-payment annot p.. s mv r "hts of the state, because it h ! U. States guarantees to every state in the Union ; plc to his associates in government, which j f le purchase money." th original ccuifi-

; makes them perfectly etpial in ' tiey tnust feel, an The deed of cession of Virginia, a- j T)Q coapllio;v

freedtuu and independence as the old states ; yet,

unconstitnuoaal and p-roinoitea ny mo paramount . tue same viut

political r ile ct .di the sovereignties ; and for a- all respects

laither re t : bc-.ase tiie United States cannot j gain guarantees the same rights of sovereignty,

have jur.sdiaiv n in any state bat tor special purposes and thi-1 idiaance did net give "the bind for anv of tho-e M-caial purpises, and t!e only manner the V. States can buy or hold land in a State, is bv tiie cuu-eii- cf the Legislature, and not a convention. A 1 nave !k tore said, the expression cf one laim, -e hides another thing, and the consent ol the convention cannot be the consent ot the Lei-islatut o. Again., it i , eonu n k d by the opponents of this revohith :n that tho !th ait. f the constitution, Jd see. jd d:ii n oi tb.e .c. gives congress the full and alnobur lo dispose of all the unappropriated, land in the new states. Idle precise words ot that division aie these : the congress shall have power to dispose of, cc make all needful i tiles and regulations respecting the territory, cr other property belonging to the U. States, and nothing m this constitution shall be so construed is to prejudice any claims of the United States, or of any particular state." I admit that congres, has power to dispose of the terri'eiy ef the. U. State", and to regulate all

and must follow.

aste time in tbeir attacks

on a man who punishes fiiemlor foe with e

notwithstanding: all these guarantees, and all this ! qual severity and impartiality for a breach of

ev idence of our rights, the U. States is anti re

publican towards us ; she actually claims a right to, and holds in her possession, two-thirds of the laud in this state ; claiming an exclusive power to do with this land as they please in all respects, independent of the state ; either to sell, lease, or let it remain waste and unappropriated ; claiming in this manner a right to deprive the state of two-thirds of her popufation, revenue and w ealth. Is this right ? Is it justice ? Can we sit here and not raise our voice ? Could it well have been believed, without the fact existing beyond contradiction, that in a republican government, where all profess to give and ask epial rights and no more, such a state of things could well exist ; could exist in a state composed of the descendants of those venerable materials of the revolution ? Vet it cannot be contradicted. It is an incumbent duty to seek our rights ; we have a right to a perfect equality with the old states ; we have a right to gontend like an

trust or dutv.

.V. Y. Jincwrer.

Frc7H the Pittshugh 21crcitry. ilr. Snoivdtn. The justness of the following remarks, made by order of the Presi dent of the United States, in the case of an officer of the army, recently found guilty before a court martial, of illegally punishing a private soldier, entitles them to a place in your columns. The rights and privileges of the soldiers of the army, have, heretofore, by many, been wholly disregarded; and when experienced officers give such examples, it is not strange that young men, upon their entrance into military life, should view this useful class, as the mere u brute force" of the country. In the present chief magistrate, the sol dier,as well as his officer, will find a true

cate of the purchase of which has been lost

or destioyed Oivcn under n.y hand, this 1 1th dav of May, 1829 U-f JAMES BROWN.

Kstrav IJlack Horse TAKLN up by Curtis Cook, living in Shclton township, Wanick county, la. one black horse, three ycais old this spiing, 14 bands three inches high, no brand perceivable, had a pie ce of rope around his necT and fore leg, appraised to &27 by William Peters, Norman Huberts c Thomas Scale, before me, WILLIAM SCALKS, j.r. Mav 2, 1829. l7-3t'

Administrator's Notice. TVfOTICE is hereby given, that the under 1 signed has been appointed administra

tor of the estate ol William Briscoe, (late o;

Warrick county,) deceased, and that the said, estate is probably insolvent GLOHGE BRISCOE, .fun:. Warrick ccunty, June I, 1C29.