Western Sun & General Advertiser, Volume 21, Number 48, Vincennes, Knox County, 8 January 1831 — Page 1

en e ml fitiefiw? t?$w$?$ BY ELIHU STOUT.j VIZtfCEKI a v SATURDAY, JAHUARY 8, 1831. VOL. 2X1. NO 48.

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t&cstcw Sun IS published at g2 50 cents, for 52 numbers i which may be discharged by tht payment of &2 at the time of sub ocrihin. Payment in advance, being the mutual interest of both parties, that mode is solicited. A failure to notify a wish to discontinue at the expiration of the time subscribed for, will be considered a new engagement; & no subscriber at liberty to discontinue, until all artcarages arc paid. Subscribers must pay the postage on their paper when sent by mail. Letters by mail to the Editor on business must be paid,or they will not be attended to. Produce will be received at the Cash Market Price, for subscriptions, if delivered within the year Advertisements not exceeding thirteen tines, will be inserted three times for one dollar, and twenty-five cents for cadi after insertion longer ones in the same proportion Persons sending Advertisements, must specify thenum ber of times they wish them inserted, or they vill be continued until ordered out, and must be for paid accordingly. ft.ii" ;i At the request of a numoer of triends in Sullivan county, I give place to the subjoined MESSAGE Of his excellency J. W ksi.ky Davis, delivered to the Carlisle legislature in person, on the evening of Wednesday the 22d Dec. A. D. 1830. Gentlemen cf the Carlisle Lrgisliture: It become my duty as your executive, to make some suggestions to you for your consider Uio', thai we may by our joint exer lions, (aided by reciprocal good feeling) arrive at some enactments th.tt will subserve the interests of your constituents, and moie permanently secure peace a:ia good order lo tn:- people. first permit me to mention, that under the uid o.', rf :n all wise and superuling Pi ovideuri , oar state continues to enjoy unbounded peace, happiness, and prosperity. The product of her soil much more than commensurate with the wants, of her inhabitants. A daily increasing market 3t home from the immense influx of emigration, and an inviting foreign market easy r.f .ice ess, -either holdirg nut strong inducements to ths industrious husbandman, to increase his surplus supplies that he may the sooner arrive at a state of independence and eaye. Phe first subject that I would suggest for your legislative interposition, is the subject i education, because I deem it of the importance io a republic like ours. Congress in the plenitude of her wisdom and liberality, has committed to our charge a fund Which if preserved inviolate, or judiciously manured, will one d iv more than supply us

svitli a resource sufficient for the purpose of education. The more general we can make theuvansof education, the more general will be the happy results in sustaining in a state of permanence, ow inimitably free institutions. The only effective mean where by all may judge with equal advantage and secuntv. is education. Education is the onsafe -guard an 1 bulwaik of our freedom where intelligence is not, her sister liberty dngns not to come; they are two principles esseiitidlv allied, and are absolutely neces earv to the advantageous cxUtance of the other; to m ike men slaves, they must be kept ignorant. You will therefore guard as a s irred treason, the fund mentioned, acting upon it not only with reference to the pr tent, hut also as a boon for iuturo genera tions. It is mv decided opinion that the cli'.)ol lands at this time ought not to be dis posed ot; but every me ins in your power should be adopted to enhance and secure .heir future benefits, that the proceeds may be the sooner advantageouslv availed by the st ite and applied to the purposes intended. From the increasing current of emigration Stud t ;e consequent rise of land, 1 am led to believe that this auspicious period is not ve ry remote. I uc subject of canals and their benefits :s one which I cannot touch with that free dom that I could have done some tew years since. I discover among those who were reccntlv the most arduous achmcates of ca nals, many very sceptical as to their utility -when compared with that of rail road. In truth cverv dav's intelligence convinces us that the Utter in point of permanent benefit Is rapidly gaining the ascendency. In Great Britain, so lar are they convinced oi tins l;act, that thev have almost abandoned one of their principle canals, leading trom l,iv erpool to Manchester, and substituted in it stead a rail way at a very enormous ex pease H .it roads appear to have the pre Vertmcc over canals in the following patti culars: First they arc less liable to get out of re pair. Secondly, they ran be cons ructed at less expense. Thirdly, they hav e no innate cause of elisease. And tout tidy, thev can be travelled on with more speed, than o caruls. They have arrived in Europe to so great perfection in the use of loco-motive -engines ru vail roads, as to travel at the as truushintr rate of about a mile in a minute.

You will infer gentlemen from the above' ing all assemblages of privates, except perTeunat ks, that I give the decided preference h ips one day in each year, would remedy tn rail roads, and earnestly recommend to j some of the evils complained ef and to cnyour consideration, the propriety ef memo-i force among the idTicers in a prompt and ribbing congress, upon the subject of chang- j decisive manner, the system e)f tactics as Ing the nature of their grant of land, to this , laid down by the United States, several hunState for constructing a canal connecting the ! elrcd Copies of which are now on hand and waters of the Wabish and Maumce rivers; 1 ready for diti ib iti n. How far this course not much has v et been elone in relation to; might be free fr nn exceptions, time that errant, that would be a loss to the state, j alone can eUt-Tminc. W lien we re-

Tlnue is at this time a fund of sev enty-tiv tln-usmd dollars, which may eventuallv in ci eae to Mime thing like half a million or mote, which may be applied node r our eliTevtier with the permissie-n cf congress to .he me ntit ia d. This c Mira appears to be the imre iVmfable, atiiature has so abundantly supplied'

our state with natural outlet or avenues, to give ecress to our commodities: trom v.me

hasty calculations, I have made it appear that four streams alone furnish an aggregate length of navigable water at certain seasons of the year, of nearly sixteen hundred miles, viz: Wabash 400, Ohio .vso. White river 460, White water 275. These in connexion with many minor streams, all wisely and equally distributed through our fertile soil, collectively not less than a distance of four or five thousand miles, furnish us with the highest source for perspective wealth and improvement. Another subject of eleep interest which I mggest for your consideration, is that of road; it is one on which much time has been spent in legislation, and a subject as yet, fur short of pel fection. I'he propriety ot taxing each individual in proportion to the estimated value ef his property, appears to me to be alike equtta)Ie in this, as I believe the advalorcm svstem of taxation to be, in all either respects. hope the result ot your deliberations eMi this subject may be, that the law shall be so modified, as to define more particularly the duties, and extend the privileges of super visors, and also to enforce on them some other, and more compulsory penalty for the non-pertormance ot their dutv. Ot the fiscal condition of our treasury, it is not in my power to speak definitely. The most import uit item in raising and sustain ing a revenue, for the benefit of a free pcole is the equality of assessing and collect ing a tax lor the support of iro eminent. It loes appear to me that the system generaly termed ad-v alorutn is altogether the most c-unpatihle with the nature ot our irovernnient. It is therefore but equity in its unre stricted sense, to tax each individual in pro nation to the extent of his possessions. It is my anient hope, that your reflections on t'nis subject may eventuate, in establishing au-adv alorum system of taxation in is most extended sense. I am not aware that the judiciary sstcm in general, will require at this time, any special interference on your part. Justice appears to be aelministereel without anymore than the necessary delay, and doubt ess with as much equity as facts in evidence will warrant. A recently organized branch ct this department appears to require some modification. I allude here to our present probate system; considerable cause of complaint arises out of the fact, th at ma ny counties fail to adopt the new mode; others have been unfoitunate in electing un qualified hearers, as probate judges. Should v ou not deem it advisable at tins time, to re moicd the law entirely, or throw back this branch t'pon the circuit courts, mv request is, th.tt you inquire into the expedienr of vesting m some rompetent authority, the power t f appointing a probate prosecutor in ea -h county, whose elutv it shall be to prosecute to final settlement, all delinquent executors and administrators, aft r a rea sonable time h as elapsed, for the pt rformance ct their eiuties. This sueirestion irises out of the fact, that by our present statute regulation, there is conjoined in the office of probate judge, two duties incom patible with each either, viz: that of prosecutor and judge. Another tluiv of no miner importance, which I am leel to bciieveyou will deem ad visable at this time to undertake, is the re vision anel consolidation ef our existing sta tntes. It is incumbent on vou as the repre sentative agents of the people, not only to enart laws for their benefit, but also so as to arrange the same, that thev may be render ed easy in their practical application. 1 o accomplish this, it is essential that they should be formed of all superfluities. and made as laconic as practical good sense ; will permit, and thus render the means for I obtaining a knowledge of our statutes easv and more completely within the power of the indigent, for whose benefit they are eaqually designed. Another duty which by the constitution will devolve on you at this period, is the inquiry into the necessity of changing the present ratio of representation. As to the isolateel question of expedienev on this subject, I flatter myself there will lie little diversity of opinion; but, inasmuch as it may come in collision with the interest ef the representatives of some of the larger counties, some difficulties may unhappily arise m settling upon the precise number. Hut from the ra pidly increasing population of our state, and a corresponding increase in the numbers of this body, it becomes absolutely necessary that the ratio should be raised, perhaps to something like one thousand in the lower, and a cortesponding number in the upper. It is unnecessary tor me to enter into a tietail of the difficulties to be aveMeled, and the advantages to be gained by this course. The simple tact, that in the last ten years we hav e risen in numbers from one hundred and fifty-seven thousand, to about tour hundred thousand sculs, promptly demands the change. To arrive at any tiling like a perfect state of military organization, is another subject fraught with eliiltcultics. To folio the example of some of our experienced sister states in virtually abolishing military trainings, is pet hap an extreme to be equally eleprYcatcd with that of our present detective system; but there is a loud call n vo ir wisdom to remedy existing difficulties. There can be no question with me but a modification of that law, so as to tax more of the time ot the officers, in training and abolish - e ! fleet rn the nee esMty - militia in time ot war. ot a well regulated oui the uiiueci ssai v tax !e ied on the time and ittenu- n of our citizens in time of puce; the necessity of beit1 5c a prcir't'.d fir the exir. i cv -t the onht void iw pe;.t tune m t:ie o: not TheM' eon , do rati' n nuieli enii.ua v AC ditlicultics it t,v.r desire to reuud;

j Indiana is destined ere long to have a deep (interest in the subject of protective duties.

if a system ef taxation is tube levied bv the general government for other purposes than that of revenue. It will be strictly within your province gentlemen, to make known to congress by memorial or otherwise, (if you believe, you can act understanding!upon the subject) the wishes and views of your constituents upon the subject of the tariff. And here I will be pardoned if I digress from what some may deem my duty, and offer you a few thoughts, on this all-engrossing subject. The station Indiana will one day occupy among the grain growing states, with the abundant resources for manufactures, must raise her high in the .scale of responsibility to the general government; it is essential that her first step in this matter, should be made with great circumspection; what may now appear to be the advantageous policy, may not be so in ears to come. It is our drcideel opinion, that the present system of duties, as levied by congress, seriously oppresses our southern neighbors, to our manifest injuty; aiul that it might be so modified as to bear mere equally an all sections of the Union, and be equally productive to the general government; that our interest i more immediately indentified with that of the south, than any other section of the Union, none will eleny: hence arises our solicitude for their prosperity. Every day's experience teaches us, that whatever has a tendency to depress the markets of the south, has a elircct effect to subvert the prospects and curtail the interests of the industrious farmers of this state Is it not the uniform voice of the south, inve us a market tor our cotton and suirar. and we will give you a market for your pork, whiskey and corn? Their prospects and ours must, in some, measure, brighten and darken together; the two markets must raise and t;Jl together and so it must rem lin until wc can either change our markets or the articles with which we supply them If there was any absolute necessity for either a majority or minority to suffer, in oreler for our national gooel, we should unhesitatingly say, let it be the min- rity; but we can see no imperative call for even the minority to be expressed with a sectional tax, how far the present tariff with its concomitants, may now be a national blessing or cure, seems ut present, an undecided question; and much more time is spent by its advocates in prophecying as to what may be its results, than in calculating what are its po sitively existing benefit Perhaps this may be considered b some as a iimiteel policy, but of this it will be remembered, that we speak of our present condition. The time mav come, and perhaps shortly too, when the present or even a tariff' on a more extended scale, may better comport with the interests and vosnes ooth ot our state and nation; but wc humbly anticipate that sueeeeding generation will be as competent to provide for their own exigences, as weaie to do it for them. Fhc subject of further appropriation for improving the national road within our state, is one which you may act on with much confidence of success; from the pledge given by the general government to complete this woi k, you can make the call on their funds, more as a matter of right than a matter of power; and its final accomplishment appears to be alike suggested by policy and expediency to lire nation at large. There have been some suggestions made; to me on the propriety of estabhshming a Uniterm svstem ct doing county business; but in my view of the subject, there has yet no good l eason been presented tor a change. 1 see no cause wliv the several counties should not continue to enjov, with vour per mission, at least the two separate modts of transacting their business. I his variety mav grow out eif the peculiarity of their condition, and I am free to believe, that ii is their province if it is their wish to transact their business, either by magistrates or com missioners, as to them mav stem best; but of the two modes, the latter appears to me to be the least exceptionable. I have thus gentlemen, cautiously touched upon some of the most important subjects that may be brought up for your considera tion, and will now hrivllv enumerate sum? others, that you ui..y deem it adv UaMe to act on, without eb'rudiner anv opinion ef my own (on your better judgements) as to their expediency or inexpediency. Fust, vour guarehan authority in behalf of our youthful, yet flourishing literary institution at Uloo nington, mav be put in requisi ion, and perhaps some calls by them on your li berality tor assistance. M;e is the legiti mate offspring of your eleliberations, and has strong chims on your paternal care. Perhaps some appropri etions may be ad vantageoukly m de especially if to assist private subscription in removing the ob structions of our navigable streams. Your attention will also be elirectcd to the condi tion of our three per cent funds, that Con I gress should enlarge the source of that fund. might be expected, and even claimed, it thev continue to denv us the rnvit to our own sod. or the soil within our chartered limits The condition of our state library might perhaps claim some further aid, if it can be rendered with propriety, having reference to our financial condition. The Michigan road being in a state of progression, will claim some further atten tion. "I'he report f the commis:oners of surveys, and of the talented commissioner of contracts, will furnish the bet data for you to act upon thi subject understanding!', rerhapsyou may with perte t proprie ty, maKe anenner can upon v.ongrcs, to extm guin trie muian s title to ttieir remaining lanels within our state; and in the accomphhment ot that event, tor the state to possess a fee simple title to all the lands within her borders, would be va ry desirable. The eminent domain question, however, is or.e upon which the general government appears to be pertinaciously obstinate. lhe proverbial liberality and tolerant spirit of this a well as our i,ter states the west, can leav-e iv ilmi'u on wmr muuN , ,, , , . , asto the wishes and itw ot v our curiituems. in ivl anrn to mdav mads. h;uitd vou deem that a proper subject ir public ex-p:-oion.

1 he subject of a state bank, or a call un- I

cnC?pttenl 1K?Cr for a braTKh of the ' U. h Bank, may peihap occupy some part of vour elebberations. You may conceive it your duty gentlemen, having under vour supervision a fund of in finite importance to the metropolis of this state, carefully to examine into its condition. an 1 further, to dispose of the same as to! you may seem most beneficial. ! You may also deem it proper to express ! 111 5UIIIC 1U1 111 Ul UUll 1 , UUl (jlrtUUV.UIUII ill the felicitous results of the late struggles in France. They are rendered interesting to I us, because they have eventuated in subvert-1 ing an oppressive monarchy, & substituting! in its stead, a system of government, as close j ly approximating to that of our own, as cir-j cumstmces will permit. Hut they are more j especially cf inte rest, because the veteran j 4 ox that nation, (rendereel doubly e!ear to every American,) was also identifieil with its results, and ardently exerted his sage and venerated, yet active talents, for its accomplishment. Finally, gentlemen, it is my bounder, duty, as the only legiti nate executive of this sovereignty, "to notice seme attempts by vol untarv associations to undermine the grand superstructure of repub'.icaniiin" latterly within this state, by bringing before the pub lie, topic, which should alone be reserved tor the exerci.se of the genius of your executive, the "Hydra should be slain in its own elements." These "unauthorized bodies" under the appellation cf mock legislatures, should be put dow n, or the "dictatorial office" rendered harmless by some interference on your part, so as t exclude from the substance of these mock "messages," any subject that will come legitimately within the perview of a message from thxt the only lawful source. With these suggestions gentlemen, and an assurance that 1 shall atwavs feel it a pleasure, as it will be my duty to grant you any further aid in my power; and with an earnest hope that a reciprocity of good feeling will characterize our mutual exertions, until the consummation of your labours, I respectfully submit these desultory reflections for vour inspection. JOHN V. DAVIS. lutriaua ?ijrrifolamtrr. IN SENATE. Fhiday, Dec. 10. Petition Presented liy Mr FrUbic, of Clcorge Ewing and others, citizens of Perry county, praying the vacation of a certain state road, and for other purposes 15v Mr. Whitcomh. of Jarnh Iln!? and others, citizens of Monroe county, ,-,.-nt.;n.-. .ni,.;i.. . K..:ia u riliM T c ...i, . W 7 V" " mr riisoie ot uicnaru Ueen and others, citizens of Perry county, praying or a ,aw authorizing the appoint nent of pilots, in the county ot Pcn opposite Flint's island: all of which were read and referied Mr. Gi.ecoiiy offered for ar-nr.nor, , i,, . . Wmkrpas, The laws of the atate have become, by various enactments, un certain in their bearing and effect, owing to their scattered situatit.n iu dif fercnt books (the diffeienl acts of the general assembly since the year 1824) and the frequent changes made in the. duties of officers ot the difieieni counties and townships, so that it has become difficult for parties litigant to have equal and impartial justice done them, which renders revision and compilation essentially necessary in many parts of the state; andvherec, in the message of his excellency the governor, for the last three years, the legislature has been officially informed by him, that a well digested code of laws would be presented to the general assembly, during his ad ministration; and believing that duty alone makes it necessary to know howfar this code is in progression, and whether wc may expect to hve it in time for this general assembly to act or; therefore Resolved, That the president of the senate be requested to respectfully ;d dress his excellency he governor upon the subject, and to learn how far he lias progressed in the codification of the laws of the state, if at all, when and what time wc mar expect its presentation 9 On motion of Mr. Seeing, Resolved, That the judiciary committee be msti ucted to inquire into the pr priety of authorising called sessions of the ciicuit courts for the trial of criminals conBned in jail. On motion of Mr Strvkns, Resolved, That the treasurer of state be and he is hereby directed forthwith to lav before the senate a statement of the total amount cf money expended and paid out of the state treasury in lo eating, surveying, marking, cc. the Wabash and Erie canal; and in selecting and selling the lands to open the same; togethcr with all other expenditures in nv wav connectc.i ..:.h th afftreca',ft objccl8f eilhtr incident or otherwise, io-, , J . , eluding the expenses and payments to the commissioners sent to the state of Ohio on the subject of a compact with that state. On motion of ?Ir. Clatpool, Resolved. That the iud of. .... b ;.,ruc,ej lo ;Iltlu;re ;r anv . , ,i 0f . - what amendments ate necessary in cxr . , ' vP1110" t;f present laws relative to the duties ol prosecuting attornics, in defeneitg eppllcatict-.s for Hhoicci, in

mosccutinc cases nf hatardu. ar H

prosecuting persons under rcoei.iza tn L rrr ih? mr,. ,nH h.h . they are entitled to a docke fee. On motion of Mr, Lwino, Retclved, That the committee to whom was referred the petition in be half of William Lindsey, and the claima of Peter Huston, be instructed t. in. quire inlo lhe c,ajms of Fr3ncls Qdier, oi Outlcr, Howard Putnam, and Cutbud Tisdell, all ot the army ol the reolu- . . I1". now seeking a pension ot ihe United States, without being able to comply with the requisitions of the law; and it their claims br deemed well founded, to embiace their names in a memorial to conrreas On motion of Mr. Lomax. Resolved. That the committee on education be requested to inquire into the expediency ot so amending the law relative to township trustees, as to rcquiro the trusteesof such townships as havo not sold their school lands to report their proceedings to the boad ! ing counties. On motion of Mr Ewinq. Resolved, That the committee on the judiciary be rcquestcel to inquire whether the whole body ot cur laws may not be introduced to a written code, or text, and be thus embraced in a reasonable compass; and whether the existing system of our courts aod the existing rules for their government mav not ntcri ally benefitted and simplified; also, to inquire (iti case the foregoing tuggest'u na be thought impracticable) whetrer that portion of the laws which regulate the daily transactions of our citizens, way not be icndeied less technics on lhe plain and simple principles ot common sense, and the enormous bills of tosta now authorized considerably rcduecd Mr Stevens offered the tob wing resolution: Realved, That the committee on tha jfTairs of the town of Indianapolis bo and they are hereby directed to iiqn' o into the expediency ot so altcrii g t. plat cf said town as to change the namo 4of the "Governor's circle tothenamo of the "state houe circle,' ard tho name of the i&tate house tquarc to the governor's square" and tnat tho public building now on the "goveinor'p circle," called the "govornor's houfc," be converted into a central buildn g for a state house, and thai apartments in said house be immediately fitted and prcpaied in a proper manner lor the reception of the offices of secretary, auditor, ard trcr.surer of state, agent of the town of Indianapolis, and agent of the thiee per cent, fund; and a:so, provide for the proper repairs and piotection of said building, ard report to the senate by bill or orthcrwise; which was laid en the table, Rill introduced By Mr Worth, concerning a certain section therein rumed by Mr Fletcher, to amend an act entitled an act regulating genera elections," approved January 7, i 8 8 by Mr. Linton, to amend 'an act to provide for the removal of obstructions to tho navigation of Eel ricr;" all of which were read a first time, and passed to o second reading HOUSE OF REPRESENTATIVES Petitions were presented th'u morning by Mr. Hendricks, Mi Finley, Mr. Levenworth, Mr Gardner, Mr. Stewart and Mr Bell, which were read and referred. The Speaker laid the House a communication from the CommisMoners of the Michigan road with uccoiiipai inr documents, which were referred to a select committee, and 100 copies ordered to be piinted Mr Pollock, from the committee on Roads to which a petition on that sub ject was referred, ioprted a bill to change part of the slate road Jtauing from New Castle in Henry criUr.ty, to Crawfordsi:ie in Montgomori county, which received three several leadings and was passed Mr Pollock, from the same commit tee, also leporttda bill compensating Benjamin J uirs for building a bridge across Busseron creek, in Sullivan county, which passed to a second reading Mr Finlp.y. from the select commit tee to which a pct'uion on that subject was referred, reported a memorial of the General Assembly of the state cf Indiana upon the subject of relief to John Btirk, a revolutionary soldier, which paired to a second reading. Mr. Skmaxs, from the selectcommittee to which was referred sundry petitions on the subject of Medical Societies, reported a bill to repeal part of the 4th section of the act regulating Medical Societies, approved Jan. 30, I83Q, which passed to a second reading. Mr Long ofTered the following resolution, which was laid on the table: Resolved, That a committee be appointed of members to report c bill to this House making an apportionment of Senators and Representatives in the different counties in this state a.greeablf to the enumeration of whito male inhabitants above the age of twenty one years Mr IIoovtr offered the following rcohitic which as not adop'ed Resslvcd, That a much of iho Qzr