Western Sun & General Advertiser, Volume 21, Number 17, Vincennes, Knox County, 5 June 1830 — Page 1

VIEFCENErES, (Lk.) SiLTUHDiLY, JUKTB 5, 1830. VOL. XXI. KTO. 17.

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jT 1 I I I I I LAWS OF THE UNITED STATES' PASStD AT THK FIRST SESSIOV OF THE TWHNTY-FIRST CONGRESS. AN AC 1' to authorize the Registers of the several Land Otfices in Louisiana, to receive entries of lands in certain cases, and gi e to the purchasers thereof certificates i'm the same. HE it enacted by the Senate and House of Representatives of the United States of Jmerica in Congress assembled. That in all Cases where persons have purchased lands from the United States within the state of Louisiana, and have paid in full therefor, and who lae failed or omitted to enter the s lino, the Register of the Land Office of the district in which the land was purchased shall, on presciit'itioi of the original receipt of the Receiver of said district by the original purchaser or purchasers of land, his, her, or their heirs, cause anentiy thereof to be made, and gie to him, her, or them, a certificate for tiie same, specifying the time when the land was purchased, upon "Wliicii a patent shall be issued as in other cases : Provided however. That if i:i the intermediate time between the purchase and presentation of the said receipt, any of the said lands shall have been paid for and ent ei ed by any other person or persons, ignorant of the former purchase, the said Register shall not enter the same lands, but maypermit the party to enter other lands in lieu thereof, of equal quantity, within the same district, which may be subject to entry, and shall gi e him, her, or them, a certificate therefor, upon whicn a patent shall issue as in other cases. A. STEVENSON, Speaker of the House ot Representatives. J. C. CALHOUN. Vice President of the United Mutes and President of the Senate, ' ArruovKD, Mav 5, 1S:0. ANDREW JACKSON. AN ACT to authorize the appointment ot a Marshal for lh" Northern District of the state of Alabama. BE it enacfi d by the Senate and Houfte cf Representatives of the United Slates cf America in Congress asscmbL d. That a Marshal shall be appointed for the Northern District of the state of Alabama, whose dmics shall be the same, in eer respect, within said District, as those requhfl by law to be performed by the pre-s-e;.t Marshal. Sec. 2. Jnd be it further enacted, That when a Marshal shall he app-ahovd for s od Northern District, he shall k- e.uitkd to a i dai v of S-t-,() Pl'r annum, brsi h s the f v v s i.f .fiicc fixed by law; and the s dary of the present Marshall be S-U per annum, inste id of the sum heretofore allowed. The sum ailowed, by law, to the Marshal of Alabama, fortakuig the fifth Census, shall be tin ukd between the Marshal of South and X . i l i i i .viaoaiv.a, according to the numoeri cf swills enumerated m each district; and I so soon as the Marshal f ir the Northern) District shall be appointed under this act,! the duties of the present Marshal shall Cease and dete-o uie in said eiistnet. APPROVED, May 5, lSO. AN AC T to change the time of holding the oirt of t ie lu.ted Mates f.'r the Dist' ict c f .psx';,s'n',. and the Circuit court of tin United. M a s in the District of OhiBE it e:.jcl d b:. the Senatr and II j cf R. 'irtsentattves 'f the United S:a: s '1 j. ii a in e 'j . irresa assemruta, l hat in J ...... f " Ifl'l'l . stead ot the times now prescribed by law for holding the court of the United States for the District of Mississippi, the said court sh ill commence its sessions on the fourth Mi" a! Y Hi J.imi n . :i . .( 1 tln i'. HH tii T,,,J . - ; i is i iiv. r ail Ul 4M in hi ', in eacn and even ear. ouu.iv Sic. 'J. Jd be .' -. r enacted. That m s lid all process which may hue issued fro c in t, at the passage t tl us act, and w hich ira i-sue pie ions to thetom th Monday of Jane t ext, shall, b vutue df this act, be'returi -able betoic tin- said court on that day at u all cniwspv ndn g m the said court, aia w tiCh may hi e bet ii con' mued bv onh r thereof, to t he tei m !u tvVfore d di recti d to be held en the first M ond;; in Otubr Lext,

shall, bv virtue of this act, stand continued

to, and be triable fit, the term he reby direc ted to be held on the fourth Monday in June next. Sec. 3. Jnd be it further enacted. That the Circuit court of the United States, within and for the District of Ohio, itistead of the time now fixed by law, shall hereafter be held on the second Monday of July, and the third Monday of December, in each year ; and the District court of the United States, in and for said District, shall hereafter be held on the Mondays next succeeding the times herein fixed for holding the 'Circuit ! court. And the Circuit court tor the Di- ! trict of West Tennessee, shall hereafter, be held on the first Monday in September, in each year, instead of the time now fixed by law. And all suits and matters of every kind returnable to, or proceeding in, cither of said court, shall be held to be returnable, and continued to the terms of said courts herein provided for. approved, May 5, 1830. AN ACT to amend an act, entitled "An act for the benefit of the in orporated Kentucky Asylum for teaching the Deaf and Dumb," and to extend the time for selling the land granted by said act. BE it enacted by the St riate and Hou.se cf R firesentatives of the United States of America in Congress assembled, That the further time of fie years, from and after the fifth of April, one thousand eight hundred and thirty-one, be, and the same is hereby, allowed the Trustees of the Centre College of Kentucky, who are also Trustees of the Kentucky Asylum for teaching the Deaf and Dumb, to sell the land granted to said Trustees for the use ami benefit of said Asylum by an act, entitled " An act for the benefit of the incorporated Kentucky Asylum for teaching the Deaf and Dumb," passed on the fifth of April, one thousand eight hundred and twenty -six ; and all sales under the provisions of this act, by the Trustees aforesaid, or their successors in office, for the use of saiel As lum, shall be good and valid to pass the title, any thing in any former law to the contrary notwithstanding. approved, May 5, 1830. AN AC F for further extending the powers of the Judges of the Superior court of the Territory of Arkansas, under the act of the twenty-sixth day of May, one thousand eight huiitired and twenty-four, and for other purposes. BE it enacted by the Senate and House of Representatives of the United States of lmerica in Congress assembled. That the act, approved on the twenty-sixth day of May, one thousand eight hundred and twenty-four, entitled " An act to enable claimants to lands within the limits of the state ot Missouri anil I crntorv ot Arkansas, to institute proceedings to try the validity of their claims," shall be, and hereby is, conti nued in torce, so far as the said act relates to the claims within the Territory of Ar kansas, until the first day of July, one thousand eight hundred and thirtv-one, for the purpose of enabling the Court in Arkansas, having cognizance of claims under the said act, to proceed .bv bills of review, filed, or to be filed, in the said court, on the part of the United States, for the purpose ot revis ing all or any of the decrees of the said Court, in cases wherein it shall appear to the said court, or be alleged in such bills of review, that the jurisdiction of the same was assumed, in any case, on any forged warrant, concession, grant, order of survey, or other evidence of title; and, in every case wherein it shall appear to the said court, on the prose, ution of any such bill ot review, that such warrant, concession, grant, order of survey, or other evidence of title, is a forgerv, it shall be law ful, and the said court is hereby authorized to proceed. bv rurther order and decree, to reverse and annul any prior decree or adjudication up on such claim ; and thereupon, such print decree or adjudication shall be deemed, and held in all places whatever, to be null and oidtoall intents and purposes. And the said court shall proceed on such bills of review, by such rules of practice and regulation as they may adopt, for the execution of the powers vested or confirmed in them by this act. M'c, 2. Jnd be it further enacted, That no entries of laud in any of the land offices in Arkansas, under any of the provisions of the said act, shall be made, until the further direction of congress. Sec 3. Jnd be it further enacted. That , no patent shall be issued for lands under j any decree of the said court, in any case in ; which the original warrant, concession, grant, or order of survey, has been with- , drawn from the files of the said court, unJ less the person or persons claiming such pa- ! tent kh all nrst nrndiirr and fhtt.icit in ilir. oiTice of the Commissioner of the General Land Office, the original warrant, concession, grant, or order of survey, on which such decree was founded, and on which the said court took jurisdiction u'uder the said act; and no patent shall be issued until the further order of congress, in anv case, under the said act, until it shall satifactorilv appear to the Commissioner of the General Laud Office that the warrant, concession, grant, or order of survey, on which anv lands. ire claimed, under any decree of the ! said court, was in iaCt, made or issued bv or J under the authority cf the person or persons VC nut -northvr to have m ide or issued tho vttp i or unless the said warrant, conressi n i i - ' ' I ' grain, or order of survey, shall have been determined bv the siid court, on the hearing of a bdl of review, to be genuine. Sec. A, Jnd be it firtkrr enacted, That no entry, survey, or patent, shall, at anv tune herealier. h m l. c.t .,to.. n., ! said act. except in the name of the origin il put ty to any such deciee, and en pro if to the satisfaction of the officers, respectively, that tin pir ty applying is such original party, or is duly authorised by such original party, or lux heirs, to m ike, re ceive, or require such entry, mitent or s'wv hv i ec. 2. .l:;a r:' ' ui.tti, l .at in a.i eases m ui ii toe tl uo court -a ill, by 1 ... decree or ;n j i hcaticn, und r this act. re - fact, r, - or adjudi - i-:w dv.d ur.::ul any piio decree

cation therein, any lands which may have

been heretofore entered, under any such prior decree or adjudication, shall, thereafter be subject to sale or entry as other public lands of the United States may be. Sec. 6. Jnd be it further erected. That; the President of the United Slates is hereby authorized to employ, on behalf of the United States, Fuch counsel on their part, in the Territory of Arkansas, or elsewhere, to be associated for that purpose with the District Attorney of the same Territory, as lie may deem the interest of the United States may require, in the prosecution of such bills ot review betore the said court. Sec. 7. Jnd be it further enacted, That in all cases, the party against whom the judgment or decre- of the said court may be finally ghtn, shall be entitled to an ap peal within one ear from the time ot its rendition, to the Supreme court ot the uni ted States, which com t shall have power to review the decision of the court below, both on the law and the facts; and the court in Arkansas be, and the same is hereby, re quired to spread upon the record the whole testimony, together with the reasons tor their decision in each case, and to transmit to the Supreme court of the United States the same, together with the original warrant, concession, grant, order of survey, or other evidence of title. Sec. 8. Jnd be it further enacted. That each of the Judges of the Superior court of the Territory of Arkansas, shall, while in the discharge of their duties imposed by this act, be allowed at the rate of eight hundred dollars per annum, in addition to their sala ry as Judges of the Superior court tor the 1 emtory ot Arkanscs, which shall be in full for their s r ices, to be paid out of any money in the T rcasuiy, not otherwise ap propriated. approved, May 8, 1C30. AN ACT supplementary to the act, enti tled " An act to authorize the citizens of the Territories of Arkansas and Florida, to elect their officers, and for other purposes. BE it enacted bu the Senate and House cf Representatives of the United Sfatts of Jmerica in Congress assembled. That in case any vacancy has occurred, or shall oc cur in any office to which anv person has been, or shall be elected by the citizens cf Arkansas under the provisions of the act to w hich this is a supplement, either by a refusal to accept the same, or by death, re signation, or otherwise the Governor of the said Territory is hereby authorized and required to supply such vacancy, until the next general election: And in case any vacancy shall occur, in the offices of Justice of the Peace, Auditor, or Treasurer for the said Territory, either by a refusil to accept the same, or by death, resignation or otherwise, the Governor thereof is hereby authorized and required to supply such vacancy until the next meeting i f the Legislature. approved, May 8, 18:0. AN ACT to authorize the re-conveyance of a lot of land to the Mayor and Corporation of the city of New-York. WHEREAS the Mayor and Corporation of the city of New -York, on the sixth May, one thousand eight hundred and eight, did comey to the United States, a lot of land at the foot of Hubert street, in the city of New-York, called the North Battery, ' so long as the same should be used and applied to the defence antl safety of the port of New-York, and no longer." BE it enacted by the Senate and House of Rt firesentatives oj the United States of Jmerica in Congress assembled, That, w hene er the President of the United States shall determine that the said lot is no longer useful for the purpose aforesaid, he be, and he hereby is authorized to cause the same to be re -conveyed to the Mayor and Corpo ration of New-York, the works thereon to be dismantled, and the materials thereof to be disposed of, in such manner as, in his judgment, the public, interest may require approved, May 10, 1S30. A RESOLUTION authorizing the trans mission of papers4 by mail, relating to the htth v. ensus. RESOLVED bu the Senate and House of Representatives of the United States of Jmerica in Congress assembled, That so much of the thirteenth section of the act of the third of March, one thousand eight hundred and twenty-five, as restricts the weight of packages by mail, shall not apply to the transmission of papers relating to the fifth Census, or enumeration of the inhabitants of the United States. Approved, April 30, 1S30. lixiract from Mr. Rovjan'a Sfieech, on Mr. Foot1 8 Retolution Concluded. And what, you will ask me, will be the result of this resistance by a state, of art unconstitutional law of Congress, or an unconstitutional decision of the Supreme court? I answer, that the first result will be, the preservation of the soveteignty of the state, and of the liberty of its citizens, at least for a time. The next result will be, that the attention of the people of the other states, will be awakened to the aggression, and the Congress or the Supreme court, which ever shall have been the aggressor, will be driven back, into the sphere of its legitimacy, by the rebuking force of public opinion. Such was the result ot the nulliiviog resolutions of the states of Vir g.nia and Kentucky, in relation to the alien and sedition laws. And such was the ri buking efl'cct of public opinion, in relation to the famous compensation law. B it, if these results should not fol low, you aik mc what next? Must the state fotbear to resist the aggression upon ner sovereignty, and submit to be shorn of it altogether? I answer, no, s . a a-ksv ft. I. A . . , I iuai sue must niamiam ncr sov 1 er lentv, tu . er ignty, hy every means within her! j power. She is good lor lathing, even

worse than good for nothing, without it. . limited jurisdiction, are required to acThis, you will tell me, must lead to ci-1 company their acts, with the authority vil war. To war between the General bv which thev were done: and their do-

Government, and the rebisting state I answer not all, unless the General Government shall choose to consecrate its usurpations, by the blood of those it shall have attempted to oppress. And, if the states shall be led by apprehensions of that kind, to submit to encroachments upon their sovereignties, they will, most certainly, not icn;ain sovereigns long. Fear is a bad counsellor, of even an individual; it should never be consulted by a sovereign state. No, sir, it is in the power of Congress, instead of shedding the blood of the citizens, who assert the sovereignty of their state, and resist its prostration, to refer the question to an infinitely more exalted tribunal, than the Supreme court I mean, to the states of this Union. They formed the Constitution they are fit judges of questions involving sovereignty, being themselves sove reigns. The fifth article of the Consti tutions, provides for the case. It reads thus: u The Congress, whenever two thirds of both Houses shall deem it necessary to propose amendments to this Constitution, Sec Sec which, when rati fied by the Legislatures of three fourths of the several states, or by conventions in three fourths thereof, (not of the people at large, Mr. President, but of the stales,) shall be valid, to all inients and purposes, as a part of this Constitution " Three fourths of the states constitute the august tribunal, to which Congress can refer the question. To this tiibu nal, the state can have no objection, because it was created by the Constitution al compact because, the power of a mending the Constitution, was accorded to it in that compact. Mr. President, I state the case thus: The powers which the states, in their Constitutional compact, have allowed the General Government to exercise, are special The agents of the United States, in the exercise of thoe special powers, have, as one of the states alleges, transcended their specific limits, and infringed upon its sovereignty The state resists the exercise of the power of which it complains, as unautho rUed by any stipulation in the compact, and as incompatible with its own right and duties as a sovereign The agents, as luuctionarics of the General Govern ment, say that the exercise of the obnoxious power, is within their legitimate competency. But, rather than be thought 'astie'iously nice, or perversely obstinate, modestly propose that the Supreme court shall decide the matter. The state replies that it cannot, without violatirg every principle of congruity and self respect, submit any question in relation to it3 own sovereignty, to any portion of the subalterns of the states. That it is itself, in virtue of its sovertighty, the judge of its own rights, and bound as a sovereign to maintain them. That while a sovereign state cannot decently be supposed to violate the clear rights of the General Government, it cannot rea sonably be required to surrender its own obvious rights, to the assertion of dubious powers, on the part of that Gov ernment. That the right of sovereign ty in the state, is clear and unquestion able That the right, under the alleged authority of which its sovereignty has been assailed; if it exist at all, must exist in specific grant. That the denial of its legitimate existence by a sovereign state, ought to induce the General Gov ernment either to abstain from exercis ing it, or to call upon the states to remove all doubt about its ( gitimacy, in an amendment to the constitution, by the concurrent vote of three fourths of theii number. Mr. President, let me urge, that this reply of the state is very reasonable infinitely more so than the proposition on the part of the General Government, to which it is made. For, if the power in question, does not exist in the C ns i tution, and is believed to be necessary for any Of the great objects of the Union, the states will, by an amendment to the Constitution, accord its exercise to the General Government. Or if its existence in the Constitution is dubious, they will, by an amendment couched in exp'i cit terms, remove all doubt; and thus, sir, the Government will avoid the tu mult, confusion, and perhaps bloodshed, which might be connected with any attempt on the part of the General Government, to divest a state of its sovcreinty, and subdue it by force into vassalage. This is the course which the General Government ought to take, in a question between itself and a sovereign state, in relation to the sovereignty ot the latter, and the legitimacy of the power exerted by itself, in derogation of that sovereignI say that Congress should take this course that Congress should make the appeal to the tiibunal of the states be cause it claims to exercise a special I pozver, ard reason icquires, that when j the existence of the power, or the Icim timacy of its exercise, is questioned by! a sovereign state, it s!io;:id be able r . . shew its auiWonty free trom ull doub It is upon this la-ional principle, that in all Govcr:.rnc:.s, ceu;ti -A fecial and

I ' '

rners unless their power to act is clearly shown, arc considered as law'ess end void, sir, this principle limits the exercise of all special powers, whether legislative, executive, or judicial. A common corporation, chartered by a statef must be able to show in its charier, an explicit authoii'y for whatever power it claims to exercise; and its acts arc void, unless its power to do them, is explicitly granted in its charter. I the power under w hich it claims to act, be dubious, insttad of persistinRtoact.it must obtain from the LeislatiTe and amendment of its chatter, or abandon its claim to tho power of acting, quoad Now, all tho reasons which apply to the smallest corporation, in relation to its chartered powers, apply with equal, with increased force, to the Government of the United States, and to the Constitution, its charter. It is a stupendous corporation, and becomes fearful in powers, when it c'a'ma for its judicial departments the exclusive right of legalizing, by iis decisions, the encroachments, made by itself, upon the soverignty of the states. The Constitution is its charter. lis powers arc special and limited. To be safeiy exercised, they must be cot fined within tho clear limits of the charter. Ii those limits rray be transcended, all limitation 0 was useless. If dubious- powers may be exercised ard enforced, then specification was useless. It is upon this principle, that officers of Government, bi fore they can do any fikial set, must exhibit their commis sionstheir authority. No man occu pies a st at in this body, without haur exhibited a clear title to it; and, it might as reasonably urged, that he could tukc his seat by force, without cxliibitit g title, or upon a doubtful title, as that the General Government shall exert by force a non existing, or dubious power. If a doubt had existed in the title oF the honoiable senator, to a seat in this body, he would have to go bark and get his title so amended as to remove all doubt, before he could occupy his seat. So the Congress, in relation to the exercise of even a doubtful power, should go back to the states, and ob'ain, by an amendment cf their title, a removal of all dtubt as to its legitimacy Hut, another leasa n why Congress, and not the injured and resisting stae, should make the appeal to the tiibunal of the states, is, that an appeal bv the state, would be as unavailicg au wou'd be unwise. A n ajori) ot the States have passed the obnoxious and questionable law, comphmtd of by the s'atc. The state, therefore, cannot rnaki ho appeal etf,cicntlyhe Congitss can. The state cannot do more ti.an sh. has done. She must only poise herseli upon her sovere'gnty, and resist i's piosiration. The Congress can t'o more It can 3ppcal o. and obtain from the states, an explicit decision of tie quistion. And, if it shall fail to make the apj ta!, and ob-ain the decision of that tribunal, affirming its power, it should decline all further a ten pts to exe t it Hut again the state is an?nowudg d to be a sovereign, and its sovtrtigniy is acknowledge to be necessary, to the liberty is ol its citizens, and its own existti.ee as a state. Its pouctis primriw, clear, and certain. That of the Government by v hich it is assailed, is dt: ia:ivc ar d doubtful. Can any reasonable man say, that the former shculd yield to the latter, upon any other principle, than that the latter is as abundant in force, a it is deficient in right? Reason itself w.-uid say, that the natural state of tl ings should remain unaltered, unless the autho::ty for lemovingor alteiii g them, shall be full, clear, and legitimate Mr President, throughout this debate, the states have been treated as restless, querulous, impa ient, disorganizing beings. It st cms to have been taken for granted, that they are cith r t o dull to comprehend the provisiensot tl.cj Constitution, or too unprincipled to observe and maintain them. That tho zeal to maintain the Union, and support the Constitution, bv which it was formed, is exclusively with the functionaries of Gtntral Government that the states f el none ot it Now, let us examine into this matter a Ii tl . All intelligent men acr fmm motives. The states that formed ihe Ur.ir.n, were composed of intelligent men. 1 he motives which led to the foimation ol tho Constitution, were to promote the happiness, tranquility, liberty, tnd security of the people of the states. In furtherance of these ircat objects, the- s'otcs agreed, in that ii strumen', to exert their sovereign power jjtly, it- m.ikinf war, peace, and treatits, unci levyi'-o- money, aid reulatin co'Ttmcrce , &c. Their power: were to be exerted, through me agency of the General Government Now, can it he supposed, that the motives which led to the formation of the Union, have ceased to exist have eapmaicd? That the pcopV of the :a'ts -ir !. inclined t'i le la nv. trarnt.il prosperous, secure, and lite, ruw, than tey "ere "h-n the Uni n was . Or, that Utir peicepuons ot ii lo r'Vt.f',1

s utility,

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