Western Sun & General Advertiser, Volume 20, Number 22, Vincennes, Knox County, 11 July 1829 — Page 1

WESTERN UN & SmJBTaQO

BY ELIHU STOUT. VINCENNES, (IND.) SATURDAY, JULY 11, 1829. Vol. XX. No. 23. '

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Indiana Legislature.

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FROM TIIF. INDIANA JOURNAL. DEBATE ON THE DOMAIN QUESTION M. J id Ait, addressed the Chair, in reply to the gentlemen from Dearborn, (Mr. Dunn) and Ilartholomevv, (Mr. Swcetser) & after some remarks relative to the view he had formerly entertained o.i the subject under consider. io:i. and concerni ir the remarks of the genticur-m who had preceded him : said, that the foundation of the nrgu-

ment of the gentleman trom Hartholomcw, appeared to him to be n i eng. That gentleman had assumed that the states were not sovereigns, but only quasi sovereign. To this doctrine, in his opinion erroneous and dangerous, Mr. J. said he could not assent. The distinction between the natural inherent sovereignty of the people of the several Mates, and the pi dined and delegated sovereignty of the U. Stales is evident. The people of the states are sovereign, but the people of the U. Stives are not known as a sovereignty the states by the constitution delegated certain powers to the Uincn, but not any to the people of X the several states. Except by delegation from the states, the U. States does net possess any authoritv whatever ; and although the authority of the government of the U. St ates acts upon the people of the U. States, and not upon the states, as under the confederacy ; y-t that authority proceeds not from the people of the U. States, but from the states, as independent sovereignties. And sir.suid Mr. J. I consider any other view of the relation of the states to the Union, and of the nature of the sovereignty of the states, and of the Union, to tend directly to consolidation. The states were not eicated for the U. States, but the U States lor the states. The sovereignty of the states is inherent, it belongs to them bv the laws cf nations and of na

ture. The states have not relinquished any portion of this sovereignty they have delegated certain powers to the Union they have bestowed upon the Union as their agent, a certain qua! ified sovereignty ; but still it is the sovereignty of the people of tlr: states, and not of the people of the U. States. The old thirteen states exercise all the powers of sovereign states, directly as to all internal matters, and indirectly by their agent the Union as to all external concerns, whether

with each other, or with foreign nations. These slates at the formation of the Union, possessed eveiv attribute of sovereignty, the general domain, and consequently the high domain or empire, the light to command in all places Vattel,boo!; l, p:i., and the eminent domain, or rightot diip'i-iv,g of all the property within the state for it., preservation Vattel, bock 1, p 44. The useful domain, to which the gentleman from Dearborn (Mr. Dunn.) has referred, and under which designation he has endeavored to sustain Upright of the V. States to the soil within our boundaries, U merely the usufmc! held by an individual, a citizen or a subject it is onlv the right, according to the municipal law, to take the profits of the soil it is only the right of individual property, subject to the sovereignty of the state, and nothing more. Thce sovereign rights, the hich domain a.ul the eminent domain, are possessed, sir, by th eld thirteen states, or by the constitution have been delegated to the general government. The old states have not deprived themselves of these power:, powers essential to the exorcise of sovereignty. Sovereign' v is the power of a state to provide for its own happiness, prosperity and safety and without u.e right of command over all the territory of the state w ithout the power to use ti, lirM.M t e within the state, real hs well as

personal, for the public god, subject only to the obligation to tvake a fair compensation to the individual possessing it, according to the municipal law it is not possible for any state to be able to provide for its safety, its happiness, or its prosperity. The old 13 states have nor delegated these powers over the soil to the Union they retain them, and they exercise them continually. By the act of cession of Virginia, the states to be formed in the territory north-west of the Ohio river, are entitled to he admitted into the Union, ' having the same rights of sovereignty, freedom and independence as the other states." And has this state been so admitted into the Union ? Does this state possess the same rights of freedom, sovereignty and independence as the other states, as the old 1". states? Sir, said Mr. J. this state ; the new states, ate :.ot sovereign as the other states this state cannot provide for its own prosperityit cannot consult for its own happiness it is dependant upon a foreign power upon the Union for its safety. It is not independent the word applied to our condition, is a mockery. This state cannot interfere with the primary disposal of the soil it cannot sell a great portion of its territory for any purpose, be the necessity as it may it does not possess the eminent domain as the old states. How then, I ask sir, is this Ute sovcrvi $ ? How then is this state free and

independent? How can this state provide for its peace and security, for its happiness and pros perity ? To extend to rude uncultivated nature, the aid of art, the magic influence of science to convert the wilderness into smiling fields to plant the civilized man, his industry ik his knowledge in the place of the wandering savage to increase our population, wealth and resources, will certainly conduce to the safety and prosperity of our state, and are powers essential to the sovereignty powers without which, sovereignty

must loose its whole value, and which are vest

ed in the old states, but arc not iiovj possessed by this state. Let the necessity be as it may, this state cannot interfere with the primary disposal of the lands. The U, States may permit thcfclands to be sold and settled, or may prcscrefcm a barren waste. It is useless, si?, to multiiuvtVds. This state cannot open a road for if can appropriate ten feet for a road the same principle, the public good, will enable us to appropriate ten thousand acres foranv other necessary publie purpose. This state cannot open a road thro the U. States' land, without subjecting the persons employed, supervisor, hands, 6vc. to an action cf trespass in the courts of the U States. It is true, this power has never been exercised

and fortunately, there is n t any danger that it w ill be called into action, during the ensuing four

years. But to show the view that has been takenthat may again be taken, by high authority, of the situation of this state ; to exhibit truly the dependauce, the helplessness cf Indiana, and all the new. states, it is only necessity for gentlemen to recollect the report of the secretary of the treasury, last year ; in which Mr. Rush suggests to congress the propriety of raising the price of U. States' land of discouraging emigration to the west, at the expense of our prosperity that

by the confinement ot the population of the old states within their limits, the poor might be made poorer that thus the price of labour should be reduced. And sir, I ask, is the possession of this power, a power to prevent the settlement and improvement of our state, to prevent the increase of our population and wealth to prc ent aM.dvancein prosperity, by a distinct authority) the U. States, compatible with our iovcrqm, freedom and independence ? If then, this state is entitled to the same sove

reignty, frcedoih and independence as the old 13 states, and does not possess the same I ask the reason, the cause ? The gentlemen from Dearborn and Bartholomew refer to the act of cession, the ordinance of 1787, act of congress cf 1816, and the ordiuat.ee of the conv ention. They attempt to destroy the force of the first part of the act of cession, by a technical rule of construction ; they admit that this state is in bondage, but assert, that although ccngiess cast the chains upon us, the convention rivited them, and the state must bear them. From the lastpait of the act of cession the provision that, the lands in the territory granted, should be considered a common fund for the use of all the states, gentlemen contend that the right of soil to the unsold lands is in the U. States. But in the first part cf the same act of cession, it is prov ided, that the states shall be formed, idiall be admitted into the Union, ' having the same rights of sovereignty, freedom and independence as the othcr states." If the reservation of the light of soil to the U. States, is inconsistent with the sovereignty of the new states if these provisions arc at variance, there is a rule of construction, ancient and well approved, founded in the nature of things let the instrument, if possible, be so construed that every part may have its just effect do not, if practicable, destroy the c fleet of any part. The application of this rule to the act of cession, vvi'1 give this result. Before the formation of the state, the U. States may sell all, or a part of the land, and the proceeds must be appropriated according to the act of cession, upon the formation of the state, the right of soil to any waste lands attaches as a part of the sovereignty to the state. The question is not, Mr. J. said, whether the U. States, in their corporate capacity, can hold lands within a state, as a mere subject, liable to the sovereign jurisdiction of the state the high domain, and the eminent domain. But whether the U. States can hold lands within a state, independent of the right of the state, as the public.

good may require, to interfere with the primary

Pacific, capt. Crocker, brings the New York Evening Post, files of London and Liverpool papers to the 16th May. The Pacific Jell Liverpool on the 17th of that month, c made the passage in the short space of 24 days. There had been some rioting in Spitalficlds

among the silk weavers; many loomshad

Turks, in climbing the breastwork, and entering the trench, where they were pierced by innumerable wounds. At the moment of the first alarm, the trcops of the garrison of Sizepolis assembled on the place d'armcs, in Iront of the fortress, with admirable promni . r

muue, anu were seni against the enemy by

been attacked and destroyed, and immenscWn. Watchen, in the following, order: two

uiuus conunueu 10 parauc mc streets, untri ivyuaiions oi me fvamscnaika rept. marched

io wie ngm, x two uauauons oi the ukmine regt. to the left of the trench. The general himself, at the head of the first

battalion of the Kamschatka regt supported by two light field pieces, and by the Dniep-

musk regt. attacked the right flank of the

enemy at the moment that the latter was vi

gorously assailing the gate of the trench. All these troops advanced with their drums beating, and rushed with a loud hurra upor the 1 urks. who, attacked on every side, and exposed to the most destructive fire, were completely routed, and driven in the utmost contusl n from the field They were pursued to the distant heights, wheie they sought the shelter of a wood, f rom thence made good their retreat to Bourgas. Dut ing this attack, our gun boats stationed on our right wing were not idle. The loss of the enemy must have been considerable ; for, independent of a number killed and wounded that the Turkish cavalry succeeded in carrying away, 25 1 remained dead upon the glacis, and along the line of their retreat. Five prisoners were taken. Our loss amounts to 27 non commissioned officers and priates killed; and one staff officer, five officers, and 67 non-commissioned officers and privates wounded Major gen Watchtc-n recVutd a contusion on

his foot Iroma spent ball.

the 9th of May, when it was announced that

the masters had agreed to restore the prices of 1321, according to the demand of the workmen. The streets were thronged on this occasion with weavers, their wives and families, who rent the air with huzzas and acclamations. On the same day, there were disturbances at Stockport. A lare crowd assembled, resisting the attempts of the magistrates and police ofiicers to disperse them, snd finally, yielded only to the military. After this, down to the I5ih, there had been no further breaches of the peace. The Morning Herald of the lGth May, says, matters are not yet settled between the manufacturers and the journeymen silk weavers in Spitaifields, and that inconsequence,

the masters had again ceased giving work. Advices from Constantinople, up to the 13th of April, say, that the Sultan has rc-es tablishcd the free trade in coin, and the capual is now well supplied. The government h id formerly a monopoly of the trade in corn, flour, rice and oil. The Sultan has now given it up, and the city baa experienced the good cfiects of the change in an immediate

reduction of prices. I he merchants are no ionge r obliged to dclivct these at tides into

the public magazines, but may dispose of

them at their own ciscretion The blockade ol the Uat dandles has not been able to pre

vent the entrance ot English vessels laden

with wheat The negotiations w ith the en voy of the Netherlands are going on. and as an indication of a disposition to terminate the

! difference with England and France, it is said

that the Porte has, by the omission of the Pacha of the Morea in the list of functionaries, consented tacitly to the emancipation ot the Motca and the Cyclades 1'tovx the A Y Morning Herald. Ireland Dreadful RiQt. ecllision attended with fatal results, has taken place between the people and the police at Balliua Three men veic shot dead by the fire of the police, the arm of a boy was broken by a ball, another person was shot in the neck, and scvnal were more or less wounded. ri he police inteifered with the people without necessity, and continued to discharge then fire arms amongst them. An inquest was held on the bodies of the persons killed, and the jury, composed hall ot Catholic, and hail of piotestants returned a verdict of Wilful Murder, against Sergeant William Blown, one of the policemen. At the fair at liallib ;y, Monaghan. a body of Bi unswickcrs, ani.cu wiih bludgeons, swords, bayonets, and dag gers, assaulted the Catholics and a great m.v ny persons were dreadfully mangled, though fortunately no lives were lost. In the coui sc of the day tlu town was paraded b groups vociferating hoi i iblc yells, crying, to hell with the Pope, to hell with O-Connel and all the papists, huzza for the Hi unswickcrs, no surrender, no, never, never." T KOM THE TKKATHK OF WAH. lidow there will be found an ofticial account of another battle between the Russians and Turks, in which the latter were repulsed Thero aic other accounts, however, though unofficial, of some sallies having been made by the Turkish garrison at (iiurgevo, in which they took six pieces of cannon The

German papers, alluding to this engagement,

Notice is hereby eiven

7 TII AT six weeks afterdate, annlicatinn

xL will be made to the Register ot the Land Office at Vincctmes, in the stale of Indiana, for a Certificate of foiifeited land stock, for the amount paid on fractional section No. tvo, in township No. seven south, of range No nine west, in the Vincennes District, entered on the 2d day of December, I8C9, and lorleited for non payment agreeably to law j

now claimed by the heirs of William Hatha

way, ui dcr the act of congress of 23d May, 1828, entitled "An act for the relief of purchasers of public lands, that have reverted for non payment of the purchase money," the original certificate of the purchase of which has been lost or destroyed Given under my hand, this 29ih day of May, 1829. ELIZABETH HATHAWAY, for herself, and the other heirs of W illiam Hathaway, deed. 17-6t

ISOTICE S hereby given, that six weeks after date, il application will be made to the Register ol xn Land Office at Vincennes, in Hie state ot Indiana, for a Ccrtificaic of forfeited i and stock, for the amount pain on lratjon-

al tactions numbers twenty-nine ano thirtytwo, in township No. eight south, of ranne

No. ti:: west, in the Vineennes Distiiet, en-

tcied by James Martin on the llthelav ot Fe-

biuary, lbll,and forfeited for non pavment agiecably to law ; now claimed by r c as as

signee ot the said James Martin, under the act ot congress of the 23d ot May, 1828, entitled An act for the relief ol purchasers of

public lands, that have levertcd tor the non

payment of the purchase money," the original ceitificatc of the purchase of w hich has been lost or destroyed -Given under my

nami, tins etn uay ol June, 1829.

!8-6t EDWARD HAYDON.

disposal of the scil, and the state he nevertheless assert that the Turks wcie always repulsed free, sovereign and independent as the oilier ! ;i n ir.c rri, T nr.,inn i o... :

he in

states. If this cannot be, these provisions in , the l0 be regretted that the accounts which i act ct cession, arc inconsistent, and one ot them r, r u mnct l,,,Ptn,i,'p i,i,W!lonil r,f r,m,t rnr ti. .. . C' 0,0130 lPCr S famish US, QIC SO mUt ll

is adopted. ! )C hi,ui f exagerating the 1 urkish defeats, Upon the act of cession, .is modified byhe act! antl Russian successes. The Tutks,though ( f Virginia of 17SH, the riHit of the state, fv$ olj they have lately approached nearer to Eurothe U. States depend. Any provision oi tTh-r- pcan systems, have not yU adopted the pracdinancc of 1787, of the act of congress oTiH16, ! t;CC of publishing early bulletins of military

v 1 luu uiuni.ti.eu oi uic vAHivomiun, coiurarj ; operations, so that we aic not able by compa-

ring them with Russian ones, to lorm any ve

to the act of cession and its supplement, unless

ratihed by irgmia, is void. The act of cession secures to this state sove

reignty, freedom and independence. What right sir, what right had congress to provide stipulati- ! ons, to propose conditions, contrary to tiie act of cession, and only calculated, by depriving this state of its natural rights, to reduce it to a state of dependance and misery, equally dangerous to the state and the nation ! So soon as this territory possessed 60,000 inhabitants, it was entitled, by the act of cession, c the ratification of the 5th article- of the ordinance of 1787, by the act of Virginia of 1788, to form a constitution, to become a state, and to claim its admission into the Union, with the same rights cf sovereignty and independence as the othcrstatcs. These rights of sovereignty, include as well the right of soil as the right of jurisdiction over all unsettled lands within our limits over all lands, the useful domain to which has not been vested in individuals. And now, sir, let us remember thajve seek not a favour we claim a right. It is ourtuty to seek the recognition of this right in a constitutional manner, respectfully and peaceably; but firmly as freemen. From the Baltimore Patriot, Late frch EvRorR. The packet skip

ry accurate opinion of the military move

ments. As however, they have many Li

pean officers in their army, it is not impr)

able that they may now see the advantage

havincr recourse to them." The Courier

seems to lorget that the Turkish accounts published by authority at Constantinople last year, were the most false and deceptive publications ever made by any government. The following Russian bulletin has appeared in the Journal d-Odessa : On the 9th of April, Hassein Pacha, who

had collected in the neighborhood of Bourgas

4000 infantry, and about 1500 cavalry, attack

ed at day break, the intrenched hill situated in the vicinity of Sizepolis, and which was

defended in the most gallant manner byjmaj

i.coeuon, annc neau oi me ya Dauaiicnsor

the Azow regt. The attack of the Turks.wLs dreadful. Eight pieces of artillery pointed a

destructive fire of cannister shot upon the as

sailants, and were supported by a welldirec ted fire of grenades and musketry ; notwith standing which, an officer of regular Turk

ish infantry, belonging to Hussein Pacha's suite, succeeded, together with three other

Lost Land Certificate. -

K' O l ICE is hereby gien,that six weeks alter date, application will be made to

the Register of the Land Office at Vincennes,

in the state ol Indiana, for a Certificate of Forfeited Land Stock, for the amount pad

on h actional sections numbers thirty-one Sc ihirty-tvvo, in township number seen sou'h, of range number two west, in the Vincennes

District, entered on the third day of Agust, 1809, and forfeited for non payment agreeably to law; now claimed by the heirs of John Winchel, deceased, under the act of congress of the 23d of May. 1828, entitled An act for the relief of purchasers of public lands that have reverted lor the oon payment of the purchase money," the oiiRinai certificate

of the purchase of which has oeen lost or de

stroyed. Given under my hand, this 6th day of June, 1829. l8-6t URIAH WINCHEL. for himself, and the other heirs ot Jons U'ischeLi deceased.

. V

Stray Sorrel Horse.

St raved from the sub

I, ii. i t . i j

scriber living in Rockville, ville, Parke county, a sorrel

horse, about 145 bands high, tour years old, a natural trotter, tail docked, but not short, probably a small dim star in his forehead, a-

ny person securing said borse, and giving intclligence to the subscriber by dropping him a line, or otherwise, shall be rewarded for 3 what trouble and expense he may be at. DUNCAN DARROCK. June 29, 1829. 31-3t