Western Sun & General Advertiser, Volume 21, Number 50, Vincennes, Knox County, 22 January 1831 — Page 1

V

BY BSJHU STOlPT.J

Sr.oicru Sun IS published at S'2 50 cents, for 52 pumbers; wliich may be discharged by the payment ot 2 at the time of subset ibing. Payment in advance, being the mutunl 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; i no subscriber at liberty to discontinue, until all arrearages are paid Subscribers must pay the postage on their papers, when sent by mail. Letters by, mail to the Editor on business must be paid,orthcy will not be attended to Produce will be received at the Cash jllirkrt Pncc, for subscriptions, if deli vered within the year A d v krtisem k n rs not exceeding thir Zccn linesy will be ii, sorted three times for one dollar, and r&enty-five cents for each after insertion lotijjci ones in ti e same proportion CJ" Persons sending Advertisements, must specify the num ber of times they wish them inserted, or they -vi 1 1 be continued until ordered out, and must be for paid accordingly. IN Mvs ATE Jufsday Dec 1 4, 1830. Mr trv n s !rom the judiciary Committee t winch was refcrtcd a rcso lution directing an inquiry into the expediency of making it the duty of the uppellant to file the transcript documents and appeal papers in the office of the circuit court clerk, instead of the justice of the peace as is now required; repotted that the committee deemed the me lsuve inexpedient : and also a resolu tion requiring said committee to inquire into the expediency of authorizing cailed sessions of the circuit court in certain cases, reported that the comnik:cc deem it inexpedient to pass such a law, ami asked to be discharged from the further consideration of the matter ; which wero concurred in and the committee -discli i-ged l"ne Phksidekt laid before the senate a communication from the secretary of state transmitting the report of the commissioners ot the Michigan road, yynich was referred to the committee on roads Mr Wiiitcomb, from the judiciary committee to which was referred the petition of Jonathan Legg, reported a bill for his relief, which was read a fi st timf M- Livtojj, from the committee on education w inch was referred the pe til: ol llarnabas Annablc and others, pt ivmg the establishment ol free and e qua! education, reported, that the com imnee deemed the granting of the prayer of the petitioners impracticable; and asked to be discharged tiom the fur tlur consideration of the subject, which was read and concurred in. Mr. Lhmon, from the select committe to which "i1) referred a joint resolution rela'ive to the Illinois grant, reported the same with an amendment, which was jead ind concurred in. On motion of Mr. Serixg, Resolved, That the committee on roads be instructed to inquire into the propriety of appropriating a portion of th- three per cent, fund to be expended in the improvement of that part of the s'u'e road leading fr om Indianapolis to Madison which lies between Clilty and Sand creek, in the counties cf Dartholornv and Jennings O nvtioo of Mr, Fleichfu, Resolved, That the committee on eTcc'oms be requested to inquire into the propriety of amending the act for the fm -nation ol congressional districts and for n-c election of senators and repre scnt.mve to congress, approved January 30 124. so as to include in one district the nov counties laid off" since the pass ap,- ct said act, and which are now mclu-d-d wihin the limits of two of said districts. On motion ot Mr. Gitexs, Rcsolvd. That the committee on roads be instructed to inquire into the expediency of appropriating a portion of the three, per cent fund on the state road from Mount Vernon in Posey county, to Collin's ferr on the Wabash, with leave to report by bill or otherwise. On motion of Mr Blair, Resolved That the committtec on roads be instructed to inquire into the expediency of appropriating a portion of the three per cent, fund for the improvement of the state road from Indi arupolis via Danville to Rockviile and Montezuma to the state line, in the di rection of Springfield in the state ol Illi-1 ' ,i On motion of Mr. GnEGOltV, Revived, That the commtinicat'nn cf Mi Barbour, late sccretai v of war, now ly file in t he secretarvS office, be print el i -j.., .e , 1 the Michii"Mi ioad commissioners. , ' ... unxu'.Hi o.uouu.cua ju. . S'juri;.n I i. a genera! assembly on me auojcci .i mc .viiciugan i oau, vyiiilm ' twice icac 1 and Committed to a sclvct

TOJCBNKSS, (I A.) SATURDAY, JA2TCrAaY"a2Ti83lT

Mr. Linton introduced a bill to provide foi a ttate road from Terre Haute in Vigo county, via Carlisle in Sullivan county, to Mount Pleasant in Martin county, which was read a first time. Mr. Clendenin introduced a bill ap propiiating a part of the three per cent, fund to the building of abridge across Lost river and for other purposes, which passed to a second reading. The engrossed joint resolution for the relief of William Lindsey and others, indigent soldiers of the revolution, was read a third time and passed ayes'?5, noes 6. . The engrossed bill from the house of representatives entitled an act changing part of the state road leading from the town of Newcastle in Henry county, to Crawforcisville in Montgomery county, was read a third time and passed. The engrossed bill from the house of representatives entitled an act authori zing the judges of the Vermillion cir cuit court to hold a special session, was read a t hird 'ime, and, on motion of Mr. Pennington was laid oti the table. Mi. Serine Irom the select corn mittee to wuicn was retetred a joint resolution of the general assembly relative to the Michigan road, reported the same wiii an amendment, which was read and concurred in Mr Ewkg offered the following re-s-dmnm ; Resolved, That the select committee appointed to report on so much ot the g'.veinoi's message, as relates to the ap pintment ot senators and representatives, be instructed to repor a bill fix irg the ratio for a senator at and that for a represenative at polls, or as near thereto as may be fou-.d practicable, which was laid on the 'able Mr Lemon ottered the following re solution . Resolved That the committee ot ways and means be instructed to inquire into the expediency of reducing the tax on brass clocks to fifty cents, and also to take into consideration the propriety ot taxing clocks made cf wood or of wo. id, and brass, or of any other materials, which was laid on the table. . And the senate adjourned. r HOUSE OF REPRESENTATIVES Sundry petitions were presented, and referred, Mr. Wallacz of F , from the committee on the Judiciary, made the following report, viz: The committee on the judiciarv to which was referred a resolution of the House instructing them to inquire into the necessity of revising the various statute laws of the state, have had the same under considera tion, and have instructed me to report the tollowmg resolutions. Resolved, I'hat it is necer.sary to revise the various statute laws of this state during the present session of die General Assembly; and that a committee of five lie anpointed from this House to act with a sinn- ! lar committee to be appointed by the Se nate, who shall jointly constitute a revisory committee, with power to divide the labour, appoint sub-comuuUees, and employ as ma ny clerks as they may deem nescessary to aid m the completion ot the work. Resuh'ed, That the Senate be informed of this resolution, and a similar one be ie quested on their part. Which were laid on the table. Mr. Pollock, from the committee on roads, reported a bill for the location and opening of a state road from Legmsp. rt, b why of Turkey creek and Elkhart prairie to the northern line of the state, which w.read and passed to a second reading. On motion of Mr. McNary, Resolved, That the committee on roads be instructed to inquire into the expediency cf so amending the road law as to require petitioners for a change in any state road to (five notice eitherin the nearest newspaper or in writting at three of the most public places adjacent to the place proposed to be changed, at least three months prior to the meeting cf the Legislature. On motion cf Mr. Craig, Restlvcd, That a select committee be appointed to inquire into the expediency of allowing the state revenue of Switzerland county for one year to the inhabitants thereof, for the purpose of digging a salt well on Indian creek in said county. Messrs Craig, Armstrong, and Wallace of J. were appointed said select committee. On motion of Mr. Russell, Resclved, That a select committee be ap pointed to inquire into the expediency of so amending the estrav laws, as to compel the clerks of the several Circuit Courts in this state to furnish the Secretary of State with a transcript of their estrav dockets on or be fore the first Mondays of January and July in each year, and that the Secretary of state be required to have the same published in a paper to be prepared for that purpoe and transmit a copy of the same to each clerk in the state, and that the expense of the same he paid cut of the state treasury. Messrs. Russell. Hoover, Smiley, and Casey were appointed said committee. On motion of Mr. Logan, Resolved. That the committee on the af- ' C ". i i . i .It rt..4 .-v ... 11 P" ' - - port to this House, 1st, what number ot con viets there arc at this time confined in the penitentiary, and whit number of males ! and females, white or colored; CI, the na- ; ture of the crimes for which thev were se verallv committed; and 3d, what is the n i n fare oi thctr treat. nect. and u u th-r nnv iut cause of comrda'mt exists on t?i- Dirt p . . .....-. r. Oa motion n Mr. IvIvn y. ; AV,;;.,f.: Hut the committee rf whvs 1 ir.r.'.s be inst rue teo to n.o'ure mto expeiacucv o; j here d'tcr hr--u t:xin all wo v.'.,-;) iWk. fat into this state for s-h-;' j bv lav.- lb.. n r-ci :;.;!. ;:"ov.u'

slill sell woeden decks within this state I untit he shall have obtained a license for that j purpose; and that they have leave to re port by bill or otherwise. On motion of Mr. Pollock, Resolved, That the committee on military nfftii s be instructed to inquire into the expediency of so amending the militia law as to exempt members cf fire Companies from military duty, and report by bill or other w ise. On motion cf Mr. Wallace of J., Resolved, That the judiciary committee be instructed to examine the third provision of the sixth section of an act of Congress entitled "an act to enable the people ot the Indiana Territory to form a constitution and state goverment, and for the admission of such state into the union on an equal footing with the original states," approved April 19, 1815, and report to this house whether under th? provisions of said act the Legislature cf this scate have a right to appropriate any part of the three per cent, fund for the improvement of the navigation of streams, and whether uch appropriations when made are not m violation of the express letter of the act above referred to. On motion of Mr. Lynd. Resclved, That the committee on roads be instructed to inquire into the expediency of adopting a uniform system of working on roads, with leave to report by bill or otherwise. On motion of Mr. Rfiley, Resolved, That His Excellency the Governor be requested to inform this House whether an report of the engineer appoint ed in pursuance of an act of Congress to examine the obstructions in the Wabash river has been furnished to him by the Secretary of War; or if any correspondence has taken pl.tce between him and the Governor cf Illinois within the last year upon this subject; and if so, to transmit to this House all information he may have touching this subject. Mr. Terns offered the following resolu tion which was laid on the table, viz: Resolved, That a select committee be ap pointed to inquire into the expediency of proportioning taxation and representation. so that each ounty or representative district shall pay to the state treasury an equitable proportion of the state revenue, t .king representation as the basis of &ach tpportioumert. Or. motion of Mr. FUSSELL. Resolved, That the committee of ways and means !e instructed to mqune into tue Txvedicr.cy of so amending the law now m iur.'e, relativ e to assessing a tax for county purposes, Ur.t the B :ard doing county busi ness, shall not be authorised to lay a tax on brass clocks to exceed tiftv cents. vlls presented by Mr. Coffin, amendatoi y ot the several acts regulating taverns by Mr. P iddocks, authoring an asylum for the pooi iii the county of Harrison by Air. Bence, t r the appropriation cf money to aid in building .-. bridge over Failing Run in the county of Floyd which bills were severally redd once, and passed to a second reading. . The 1 1, -.use now took up the resolution cffered by Mr. H'nlis this morning, and laid on the table, relative to reciprocating the resolution of the Senate on the subject of a revision of the laws. On the question of A the adoption of this resolution an animated and able discussion took place, in which Mr. Wallace of Franklin, Mr Head of D. -nd M., Mr Wallace of J.. Mr. Ferris, Mr. Du nont, Mr. Boon, and Mr. M'Nary participated. Mr. Wallace of Franklin, in suppost of this resolution, observed i am in favour .of the resn'u ion from the Senate. And although well apprized cf the difficulty to be nc untcred, as well as the magnitude of t ie ork to be performed; yet the peculiar s'tuatior, in which I find the statutes of the s?a'e, eo.i.pcls me to lay all scruple aside, and to advocate a revision of them. A few davs s'ra e, he called with his colleague on the Strevrtaiy of State, for the purpose of ptoci -og a copy of the revised code of lvJ4. f. r a oewlv elected magistrate in the county cf Franklin, but received for answer that in ne could be had; that there was in the oTi: o but one volume more than was required for the immediate use of the members of the legislature. I confess, sir, the intelligence surprised me. I was for a moment at a loss how to account for the deficiency; but it wa1- but momentary. The unp-riralelled growth of the country since the revision of 1824, instantly solved the difficulty. The formation of every new county since that period has necessarily called into being a host of officers, who have drawn upon the Secretary for copies of the acts. In this wa they have gradually disappeared until none arc now left in his hands for distribution. And should additional counties be laid off this session as is coircmplated.it would not be in the power of the state to furnish their officers w ith the necessary laws to enable them to administer the co nmon justice of the country: Nay sir, it is not even in her power to supply the demands of tliose from the old counties who are entitled to them. Some tiling, therefore. it strikes mc, must be done; and that too without delav. We must cither issue a se cond cd'iion of the revised cede of 1824, or

revise and consolidate the several acts in j w ould this It ad to? 1 o this conclusion eviforce at this time. For my part I am forjdentlv; that the Legislature would occupy the latter alternative. It will be attended j from ten to cle en w eeks the next session with less expense, and be calculated to give in scrutinizing the joint labour of the-e regreater satisfaction to the people. Yhejisors. And after all would we have any task I know is herculean; but "till it must guarantee that the new code thus revised, be accomplished, if not by this Legislature thus criticise d. amended, would be a grain atleast by a subsequent one. And although more perfect than the one we could produce up ni.iv not nossess the wisdom or tin Wal 1 at the end of this session, in the wav we

attainments of Hale to l:ght up and expose the mtneacit ot the way; still t Ratter my self that with the assistance of gentlemen. jr,- "m ittr rrlmrf n i tlif cvT-.i.nw. o-,l - 1 distru t courts and which may be readily ' 11VF Cll V. .l.SV.vv.i"'- -- IIIV. Jiii.llllL. QiMi - procured, we can attain the objtct desired, ! it not completely and pertect v. at least rt- ' reonhv. The mode I proov? is hn.i!v ( . , 1 taeor.e n mud out m th? reso-tutr--is under i c .uidet ,.t n Let a j-nnt committee, ci th- bh h .V.I-T S i ' appointed, whose duty it ri lU-i.d the revision of the v this co.nn.'r.tt e to L'ppu.nt as may b-j rc-safy , sh.dl be t sup ia.'.s. Auth r: as i:.-i ) cltul.j

such as inavbcnu.-irficH i.

tainments to aid them in this revision IW mit this committee to sit clurine the dav :i,,d lu i.v.i uniur unioi.g them as the most rapid and effectual mode of completing their task. In this way, sir, the lavvs may be revised, while the ordinary business, of legislation is in progress. In this wHv we may enable ourselves to render a good account of our stewardship on our return home u - But, sir, I can funvsh an additional reascn why v.e should now determine on the pro-i secution of the proposed ries'gn. I he interest of the people calls for it. Whenever the law s of any country become scattered through nnny volumes buryed I might almost say in the midst of obsolete matter, and to be found only by frequent and painful examination, the knowledge of them is measurably placed beyond the reach of orninary comprehension; the people arc not able to find them, and consequently thev become a c urse instead of a blessing. This, sir, is too much the situation in w hich we are placed. From frequent legislation many acts have been passed many repealed. Part of some are in force, part not: and matters have progressed in this way, until six volumes have accumulated on our hands until it has become a subject of some difficulty even with lawyers to ascertain where a law may be found, or to determine what particular part of a statute is in existence. When such is the case with those whose business it is to study them; who are called upon daily for information concerning them; how in the name of common seiue can it be expected that the great mass of the people, busied as they are and must be with other pursuits, can spend time, and labour, and money, to make themselves their own lawyers. Sir, it is impossible. It is requiring too much at their hands. I am therefore for condensing the statutes; I am for extracting the living from the dear mass; I am for presenting the whole to the people in a body, that they may the better see and comprehend them at a glace. And here permit me to observe that I speak as a man and a legislator and not as a lawyer. In the character of the latter I would hold a very different language. If the interest cf the profession were to dictate rav course on this occasion, I would say, let the statutes done -let volume be piled on volume let clouds and darkness rest upon them let the task of finding them out be ome so difficult that none but a lawyer will attempt i: and then we shall have the people com pletely in our power. Instead of applying to the statute books themselves for intormation, they will shrink from the undertakir.g; they will then crowd our offices, and contribute to the increase of our fortunes. As if conscious of this fact, the gentleman from GiPson, (Mr Hall) manifests a will ingness to meet us half way. He admits the necessity of revision, but objects to the mode According to Ins proposition, three revisory should be appointed by this legislature to prepare a new code and to report the same to the next General Assembly. He argues that the wort in this way would be better done and that it would cost the state less. I differ w ith him in opinion ano this one circumtr.ce, it strikes ne, sufficienth proves the fallacy of his reasoning Think you sir, that the next General As sembly would consent to leceiv t the new code from the hands of thtse revisors, without a close and critical examination? Think you, that they could be prevailed upon, to receive it on credit, nd without fuithcr ceremony f;ive it the sanction of the legislative will? Sir, it woold be folly in the ex treme, to suppose such an event possible. My word for it, they would examine it Nothing would be permitted tn pass w ith' ut the severest scrutiny, and what would be the result? It can easily be imagined. The perfect code of these learned and talented revisors by the time it passed the ordeal of this house would be terribly maimed and disfigured so much so, that but fewtraces of the original could be discovered. And would there, be any thing unreasonable in such a result? No sir It is not tvtry profound lawyer that is an able legislator. Their labours are different. The one is oc cupied in creating, the other in ascertaining the form, the divisions, and the properties of the thing created. The lawyer may astonish you with the subtlety of his powers with the facility, with which he can penetrate the design, or unfold the intention of the legislator, but call upon him to create a law, and you instantly transfer him from his native element. He ceases to be great. To test the truth of these remarks, suppose the gentleman's revisors are appointed. They are men of course who are learned in the law. Give them the road, and revenue acts, if you please, for revision let them retire to their closets and expend upon them the whole ot their legal ac quirements let them strike out sections and propose new ones, until tney nave in their opinions perfected the whole and then let them return the same to the Heme for adoption. Think yon that they w ould pass without amendment? Sir there would scarcely be a man on the floor who could not point out some defect in their labour who could not offer some wise and beneficial alteration in their woik. And what propse? I humbly conceive not. The peo pie, I find, are calling upen us for St.me change or amendments in the road, in the ! rvi-nut- and ;n the mihtia laws. Ket mc j tell this House, that ;t will occupy precise I-'"- V i iv the same time in passing an amenuine:;t i tnroug: it, w any one oi witsc laws, as u I would to pass the whole cf them tegcther, . , 'r.-'Urt- Th.... . , ptoneiiv uvi i !.. c ihct.u. l ilea what to prevent "'.r i.:..nr.e svssi- r

aU tveiits w-.ii be a l-r.g or.e. While wt t x: crience. nveeever nraniu tent are do;-..; tht- cif!;; a: v bu-irics, cf thei;rtss attempting a revision ct the statuti ti ";se. the joint committer ;,d tlnir cleil s! Uws tf the United State, when in scssi.4?

can fee c.;:ct.: ;o:d wi uip;!;-- x levciaii

FJOL. 222. 3I0 50. statutes and in a few days we mi be ready to act upon them: and thus be fable to accomplish the who'e work, in the time we will occupy even without a revision. On the ground ot expense then, has not the proposition we advocate the preference. The state would be out of pocket only for clerks' hire, and four hundred dollars will be amply sufficient to pay them. The gentleman from Gibson would pay his three revisors fittetn hundred at least but this sum is too small. It will net b? enough to enlist the necessary talent. One other suggestion and I have done. The probability is that the new apportionment will hrin into both branches any increase cf members. This increased representation must be paid two cedars per day, during the ten jvecks they would. s;t :n revising the labour of the gentleman's revisors. Will notour mode then be the cheapest? 1 have scarcely a doubt of it, 1 hope, therefore, the House will adept the resolution under consideration. Mr. Dumokt said: With reluctance, great icluctance, I rise to express an cpinion, probably cdntrary to the popular sentiment of this House; but on a subject of uch importance, a subject in which not or.lv the people whom I represent, but the whole state is deeply interested. I would deem silence to be not a neglect cf duty, but a crime. Such is my confidence in the integrity of the members of this House, that I believe every member -ill vote his true sentiments, with reference to the interests of the people of the state. I beg the indulgence of the House, which I lay before them a statement of the probable expense of a revision of tin law s by the Legislature. Estimating the daily expense of the Legislature to be S233 50, and admittin g that no moie than thirty day will be required for the Legislature to do this work, in addi-ion to the time necessary to perform the othep business of the session which is as I verily belice, the lowest estimate of extra time that will be required it will ccst seven thousand dollars to attain this object, by this mode. To employ ora man to perforin this labour, w ould cost about one thousand dollars; but if three well qualified men were employed to per form this labour, it would cost about S-5'J'J each, which at most, would be SL500. This would leave a balance of 35.5C0 in favor of tensing by three levisors, and a balance of 85.000 in favor cf tmployingone reviser. Now, if for argument, we admit the revision will be equally as well done, in one mode as the other here is an argument that the people will understai d an ai gument that is assailing ih if purses ai.d c wing for their money. Anil although tiu g .itieman from Putnam, suppose the pti.j.ie whom he reps cents, sent him here for the special purpose of performing this herculean task, I assuic u, that I do not think the pe pie of S.. iv rland county, expect any such labor fr . ny hands. ind the pcopk ct run a i. .. d Clav counties, the twenty-five hu;.o,:ci, oters whom the gentleman ft om Putnam epresents. will well understand the c Hectors' culls for mcnty. And the peopie of Switzerland count) will perfectly cmi.j ;eheud.that five thousand five hundreo dollars thrown away, or worse than thrown away, is a matter of consequence to them, and a matter of interest to the whole state. But 1 do rot mean to admit the possibility that the Legislature can re v ise the laws as well as one or three suitable persons appointed for that purpose. Were every man in the Legislature, equal in h gal attainments to John' Marshall or Chancellor Kent, it would be impossible for us to re .ise the laws as well as one or three of os could do it, in the recess of ihe Legislature. No m.itter how great our knowl edge may be, w e are still the repi ntativ e of the people; we are engr'-s-eo with ti.eir concerns; they are petitioning us on a great variety of subjects ai d shall we can o neglect their calls, and turn a deaf ear to those prayers, which it is their right to present, and our duty to regard? We are distracted with various and multifarious coactrns One member is engrossed for a vc;.sob with a travelling Penitentian , anothei wi'h the digging of Suit wells, another with the improvement of Eel river; many with state roads; and all with the clis, the wisiiis. and the prayers of the people whom they represent. Can then the mind f any men: ber be so composed, as to enable him to enter upon a labour so ccmj.lex, and gie it that dispassionate, cool, and scrutinizing investigation, which the interests cf the people and the magnitude ot the subject demand? Impossible Confusion must sccceed to order so much diversity of business, connected with the reunion of the laws, and all to be acted upon simultaneously, will and must produce scenes of ridiculous confusion. In answer to the gentleman f: cm Franklin, who says this must necessarily be a lor session, and w c ought to revise the laws, in order that v.e may shew the people an an.ountcf statutes and mass of matter, commensurate with the length cf the session, I would say and solemr.ly call heaven to witness that as a legislator, it has ever been my aim t m-ke as few changes as pos sible. It has never been my ambition to attain the honor of being instrumental in making many new law, and I trnst it never will. It s iould be the aim of all legislative bodies, to leave things as they are to leave ail bus with which the people arc satisfied, just as they found them. Ttequent chax ges keep the people continually ignorant of w hat is to be the rule of their "conduct, and there should never be a change, unless necessity requires such change, or the people imperi- - J cuslv call for the same. In the year 1627, 1 the Legislature passed but cr.e act ci a gentral nature (r.n amendment to tue act re- : vnlatHu'- thr Cunt-, and iui isoictioii -i j isu:escf the peace) and the time may not be 'trd -.t u.r wctnthe Legislature of lor. t i w ili be quoted as the wise: Legislature that J ever convent dm Indiana. e right to fol quire wh-t .$ ncen done Dy oicer states at ' t:trm cur own, and it p'.sMn.e pront ny their bAiticui that c er hauug been the cs,