Western Sun & General Advertiser, Volume 22, Number 4, Vincennes, Knox County, 5 March 1831 — Page 2

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jury by itself, but put it Into his pouch, an I when that was full, he then made

war Thank Heaven, we have provided a more peaceable and rational mode oi redress. "This practice of judge Marshall, of travelling out of his case to prescribe what the law would be in a mootcase not before the court, is very irregular and very censurable." In a letter to the present postmastergeneral, dated July 2, 1822, Mr. Jefferson uses the subjoined language in reference to the usurpations of the supreme court: Wc already see the power, installed for life, responsible to no authority, (for impeachment is not even scare-crow,) ADVANCING "WITH A NOISELESS AND STRHDT PACE TO 1HK GREAT Oli JECT of CONSOLIDA HON The FOUNDATIONS v.e already DEKPLY LAID Bt THKin DECISIONS, for the ANNIIII JLA'IION Ot CONSTITUTIONAL STATE bights, and the cruoval ot evry check,

v v counterpoise, lo the inulpiiing sa?s certainhj n the exclusive right j ower, of which themselves touwikejof every State" So we think, and so j

c TOWER a sovereign fiart If ever this vasicoun try is brought uraler a single govern rncnt, it will be one ol the most extensive corruption, indifferent and incapable of a wholesome care over so wide a spread of surface. This will not be birne, and you will have to choose between reformation and revolution. If I know the spirit of this country, the one or the other is inevitable. Before the canker is become inveterate, before its venom has reached so much of the body politic as to get beyond control, re medy should be applied. Let the future apt i' iments of judges be for four or six years, and renewable by the president and senate. This will bring their conduct, at regular periods, under revision and probation, and may keep them in equipoise petween the general and special governments. We have cried in this point, by copying England, where certainly it is a good thing .o have the judges independent of the King. But wc have omitted to copy their caution ai so, which makts a judge removable on the .di'ressof both legislative houses. That there should be public functionaries independent ot the nation, whatever may be their demerit, is a solecism in a republic, of the first order of absurdity and inconsistency ' In a letter to Thomas Ritchie, Esq ihted December 25. 1020, Mr. Jefferson, after condemning the latitudinous doctrines successively advocated in congress, and their unwise dissipation and waste of the public contributions, he remarks : "But it is not from this branch of govsmment Congress") we have most to fed- Taxes and short elections will ktcp them right. The judiciary of the United States is the subtle corps of sap pers and miners constantly working undei ground to undermine the foundations o! ou-" confederated fabric They are construing our constitution from a coordination of a general and special gov ernment to a general and supreme one aione. This will lay all things at their feet, and they are too well versed in English 'aw to forget ihe maxim, ifboni judicis ampbare jurisdictionem. ? H miivj tnunrl trnni experience that impeachment is an impracticable thing, a mere scare-crow, they consider themselves secure for lite; they skulk from responsibility to public opinion, the only remaining hold on them, under a practice first introduced by lord Mans field An opinion is huddled up in conclave, perhaps by a majority of one, deli Tered as if unanimous,and with silent acquiesence of lazy or timid associates, by a oafty chief judge, who sophisticates the Uvr to his mind, by the turn of his own reasoning Li c. letter to governor Giles, dated Dec. 26, 1825, Mr.. Jefferson says: I ce as you do, and with the deep est filiciion, the rapid strides with wh en me lederal branch of our governmti.J is advancing towards the usurpa Tio ot all the rights reserved to the atai s. and the consolidation in itself of all powers, foreign and domestic ; and that ioo, by constructions which, if legitimate, leave no limits to their power Take together he decisions of the I de ral c urt, the doctrines of the piesident, (Adams.) and the misconstructions o! the constitutional compact acted on by the legislature of the federal branch, and at is but too evident, that the three ru ling branches of that department are in combination to strip tneir colleagues, the slate authorities, of the powers re serted to them, and to exercise themselves all functions, foreign and domest ic in order to resist these usurpations M Jefferson declares in the same letter that -the States should be xvarchful to note every material usurpation on their rig to denounce them as they occur, in the mot perev:ptory terms; to protest against them as wrongs to which our

prcsrnt submission shall be considered, I and may, by and under their corporate not as acknowledgments or precedents ! name and s'yle, without setting out their of -ight, but as a temporary yielding to individual names, bring any suit or suits, the lesser evil, until their accumulation j action or actions, either in law or equity, shaO ovcrweigh that of separation," In 'which may be best calculated to obtain resisiingthe implied usurpation in the i redress for any such injury, in the same ca: o Tassels, Georgia only acted as t way or manner that private individuals Mr Jefftrrson had declared each State! might or could do, and may in like way out.t to act utvder similar circumsian- ! and manner, by and under their corpo ce? She denounced the act in the most S rate name and style, be sued, by anv per-

p-)intcd and peremptory terms and stood up boldly in defence cf the federal con stitouon, and in support of an important reserved right We ihercfow pio UaUDce kcr conduct cot only justifiable,

but highly praisct?ortliy. It evinces the most unbending patriotism, and a degree of unyielding and unabated devotion to the original principles of the constitution, that must command the admiration of every republican in the Union. We shall, for the present, make but one more quotation from Mr Jefferson. In a letter to John Holmes, of Maine, he deprecates the attempt made in Congress to inhabit the State of Missouri from tolerating slavery within her lin.hs. Sperking of the rigit of a State "to regulate (he condition of the dtfercnt descriptions of composing a State," Mr. J.

uses this emphatic language: This certainly is the exclusive right of every State, which nothing in the constitution has taken from them and given to the General Government." Georgia has only asserted her right to regulate the condition of the different descriptions of men, white and red, within her limits. "This," Mr Jefferson the republicans of this nation will decide, matigre the clamor ot the Monocrats and the advocates of consolidation. With Mr. Jefferson, we believe the Supreme Court to have constantly usurping powers and encroaching upon rights which belong exclusively lo the Stales; and the period has arrived when it becomes the duty of every patriot to raise his voice, and, if necessary, his arm, to arrest the career of the sappers and miners; to put a final stop to the business of adding to the mass of federal powers, by judicial decisions based on wilful misconstructions of the constitu tion. For the Court, we trust we feel all becoming respect for the Judges, precisely that degree of reverence which a freeman should feel toward any other equal number of men. We are thereot e prepared to approve their course, so far as it may compoit with the principles of justice and the letter and spirit of the constitution no farther. This subject will be resumed. Louisuillc Pub. 4dv. AN ACT to regulate the mode of doing count business in the sen ral counties in this state Sf o 1 V it enacted In; the General As;mb1y of Indiana, That there shall be and heieby is organized in each county in this stale, a board of commissioners for transacting county business, to consist of three qualified electors, any two of whom shall be competent to do business, to be elected by the qualified electors of the several counties respectively on the first Monday in August next, as general elections are conducted. Provided, however, In voting for commissioners the ticket shall always show which is voted for, for first, second or third district, and should there be two or more candidates in any one district, the person having the highest number of votes shall be elected for such district. Sec- 2. At the first election in pursu ance of this act, the person having the highest number of votes shall serve three years, the person having the next highest number of votes shall serve two years and the person having the next highest number of votes shall serve one year; and thereafter annually one commissioner shall b elected who shall serve three years, and each commissioner elected according to the provisions of this act, shall continue in office until his successor is elected and qualified ; but if two or more persons shall have an equal number of votes as above, their grade shall be determined by lo. by the clerk, in the presenceand under the direction of the returning officers. Sec. 3. Each person elected as a commissioner, shall, on receiving a certificate of his election, take the oath or affirmation required by the constitution of this state, before some person legally authorized to administer the sane ; which oath or affirmation, being ce!lified on the back of such certificate, under the hand and seal of the person administering the same, shall be sufficient v$jthority for such person to take his seat with, and act as a member of the board, during the lime for which he was elected. Sec 4. The commissioners thus eIccted and qualified, shall be considered hndv cornoiate and Dolitic, bv and un ; dcr the name ant stvie ot the board of j commissioners of the county of , i nJ as such by ana uncer such namc an(j sl )e mav sue anil be sued, plead and be impleaded, defend and be defended, an j 1 j svcr and be answsred to, in any court either of law or equity, and do and trans- ' act all business on behalf of their re j spective counties, that may be assigned j them from time to time by law ; and in j all cases where their respecti. e counties may have been injured, or may hcrcaf ter be injured, in their goods, chattels, lands, tenements, rights, credits, effects, or contracts ; such commissioners shall i son or persons having any manner of claims against such county i Sec 5 The board of commissi. T.ei s 1 ahall n.eet at the courthouse, in each md 1 every county, for the purpose aforesaid,

or at the usual place of holding the cir- j

cuit coutt in such county, on the first 1 Mondays in January, March, May, September, and November, in each and every year, and may sit three days at each term, if the business of the county shall require it: Proridcd hoircvcr, If the circuit court shall meet on any of the before mentioned days, the commissioners shall meet on the Monday preceding, Sfo 6. Thecletkof the circuit court shall, by virtue of his cilice, attend the I meetings of the board of commissioners, ; anu keep a rccordof their proceedings, ana v.o such other business as lie snail . ue required by law to do; anu tne sncriff of the county shall also, by himself or deputy, attend said board and execute their orders. Sec. 7. Where money has been ad vanccd by any clerk, or any other county ; afiiccr, for the use and benefit of this j county, pursuant to the requisitions of t law, the board do:ng county business ( shall order such money, so advanced, to be first paid; and where there is any , judgment or judgments against any ! county in this state, the board may in! their discretion, order when and in what manner such judgment or judgments shall be discharged, not inconsistent with the constitution of the U'.i.ed States, any law to the contraiy notwith standing And when any county shall j owe the commissioners for locating any j seat of justice therein, such claims shall j be preferred to any other against said i county ; and the collectors shall receive the said orders for commissioners' wa-j ges, and shall pay the same out of the j first monies that shall come into his hands, after such orders shall be presented to him, and the saidoider ac cepted shall be a sufficient voucher in the hands of such collector for any claims the county may have against him to their full amount. Sko. 3. When two only of the mem:bers shall De present at the meeting of the board, and a division shall take place on any question, it shall be continued until the next meeting before it shall be finally determined. When any vacancy shall happen in the office of commissioner, the circuit court of the county, or the two associate judges in vacation, shall appoint a suitable person or persons to fiil such vacancy until the next annual election of commissioners, when such vacancy shall be filled by an election by the electors of the county. Skc 9. It shall be the duty of the board of commissioners at their May session, in each year, to receive and in spect the lister's books, and levy a county tax according to law, and cause thcit clerk to make out a duplicate for coHec tion accoidingly. Sec. 10. The commissioners of each county respectively, shall have and use a common seal, for the purpose of sealing their prficecdings ; and copies of the same, when signed and sealed by the said commissioners, and attested by their clerk, shall be good evidence ot such proceedings, on the trial of any cause, in any of the courts of this state. The commissioners aforesaid, at their session in November, or when the circuit term prevents their meeting in November, then at their first meeting thereafter, in every year, shall make a fair and accurate statement of the receipts and expenditures of the preceding year, and have the sannc stt up at the courthouse door, and at two other public places in their county respectively, and published in some newspaper in their county, if there be any ; and if the said commissioners, or either of them, after accepting their appointment, shall neglect or refuse to do his or their duty in office, he or they so offending, shall, on conviction by indictment before the circuit court of the proper county, be fined in any sum not exceeding one hundred dollars. Sec 11. And it is hereby made the duty of the present boards doing the business of the several counties, to meet on the first Monday of May eighteen hundred and thirty-one, and lay their re spective counties off into three equal commissioner's districts, numbered in numerical order, one, two, and three, and one commissioner shall be elected in each of said districts, by a vote of the whole county ; and said districts when so laid off, may be altered once in every three years thereafter, if justice require it, and not cftenet: Provided however, That nothing in this act shall be con strucd to affect the term of office of any commissioner heretofore elected. Bti when a vacancy shall occur in any board of commissioners, now in existence, the same shall be supplied by a person to be elected from cne of such districts, in numerical order. Skc 12. That all the duties heretofore required of the boards doing county business, in the several counties in this state, and not included or otherwise di rected in this act, be and the same is hereby made the duty of said commissioners, to do and perform in the same manner as though it were named in this act. Sec 13. The commissioners so elect ed and qualified, shall each receive two dollars per day, for each and every day that they may necessarily be employed in transacting the county business; and said board of commissioners when organized shall possess tho powers and au thority heretofore given to the county ! board ot justices. j Sp.c. U AU suits, pleas, plaints, prosecutirns, and proceedings, which may j be pending in any court to be tried fot or ! against cny board of justices, piesious

to the taking effect of this act, shall be

prosecuted to final judgment and execu tion in the same name and manner, as the same might have been done, had this law not been passed; and all contracts either written or verbal made by such board of justices, previous to the taking effect of this act, shall remain valid in law and equity, and suit may be thcreupion brought, in the same way and man I ncr, as the same mirrht have been, had thin act not have been passed, with this difference, that the corporate name of the i board of commissioner shall be used instead ot the name of the board ol justices. Sec 15. It shall be the duty of the clci ks of the several boards doing county business, to keep fair books, wherein shall be kept the accounts of the county, to attest all orders issued by the board for the payment of money, and enter the same in numerical order, in a book to be kept for that purpose; and shall cpy into their said books the reports of the treasurer of the receipts and disbursements of their respective counties, and whenever the duplicate shall be putinto the nandsof the collector, it shall be the duty of said clerks, to send a statement of the sum wherewith such collector stands charged, to the county treasurer. Sec 16. When any person has an attested county order in his own name, of a larger amount than his county tax, and is desirous to appropriate a part of such order to the payment of su.h tax, he is hereby authorized to apply to the cierk of the board dcing county busintss, whose duty it shall be to give the holder of such order, and in exchange therefor, two or more attested county o'.ders, making together the same amount with the oiiginal oider, which shall be thereupon cancelled; and such clerk shall insert in every such order, that the same with others, were so given in exchange to for such oi iginal order, together wilh the number and amount of such original or der ; one of which ordei s shall be for the amount of his tax, and shall appear on its face to be intended for the payment thereof. Seo. IT. Whenever any person shall exhibit any claim against any county, for services Fendered, for which the fund arising from the sale of lots, or otherwise, at the county seat, is specially appropriated, and those funds have been fully expended, it shall be the duty of the board doing comity business to give such claimant an order on the county treasury, for such as may be due to such claimant, to be paid cut of any monies not other wise appropriated. Sec 18 Every collector of county taxes, is hereby rt quired to receive any reulai ly attested county order, made by the br aid doing countv business, when the same may be tendered to him by any person in payment of such person's tax es due such county. Sec. 19. No collector or other person doing county business, shall, either directly or indirectly, purchase or receive in payment, exhange rr in any way whatever, any demand against his county, or any county order for a claim allowed Uy the board doing county business, at any time during the period for which he may bo elected, for a less amount than that expressed on the face of such ordei or demands against the county ; and cveiy person elected, or appointed to do county business, shall, before entering on the duties of his office, take an oath not to violate the provisions of this section; and any collector or other per sn doing county business, offending a gainst the provisions of this section, on conviction thereof upon indictment or presentment, shall be fined for every such offence in any sum not exceeding five hundred dollars. Sec- 20 That the qualified voters residing within the several townships, of the several counties of this state, shall meet together at the usual places of holding general township elections, on the first Monday in April next; and annually on the first Monday in April thereafter, tor the purpose of electing as many constables in such township as j there are justices of the peace within the some, and shall at the same time elect one inspector of elections for each township; two fence viewers, two over seers ol the poor, and as many supervi sors of highways as there are now or may hereatter be allotted to the respective townships by the proper board of commissioners; and in all cases of failure on the part of the qualified voters, to elect any such township officers, it shall be the duty of the board of commissioners at the next session after the time such election should have been held, to appoint such officers to remain in office until the time for the next election. Nothing in this act shall be so con strued as to affect or repeal the laws now in force, regulating the manner of doing township business, in the counties of Dearborn and Switzerland, except as to the election of township supervisor. Sf.c 21. Tie above named township officers shall possess the tame qualifications, and perform the same duties, as arc required of such officers by the laws now in force; the said township elections to ba held and conducted in the same manner that general and township elections are now held and conducted, and the constables shall give such bond and security, for the performance of their duty, as Is now required by law. Sko. 22. That the board of commis sioners shall, so soon as may be after the ursi election neiu unoer me provisions! of this act, divide the severil towcihip;

within their respective ccuaties into a many highway districts as they may deem nccessaty; which districts shall be designated and numbered in numeri

cal order, and recorded by the CIcik cl the board of commissioners. Where any vacancy shall happen in ar.y of tho township officers, the said bond cl commissioners shall, at their text session, appoint a suitable person or persons to j fill 6uch vacancy until the next annual election for township officers, when such vacancy shall be filied bv an election cf the electors of the lowmh'n Sec. 23. It shall be the dutv of lbs said inspectors of elections in each tow nship, within three days after such election, to make out and deliver to the clcik of the circuit couit, a list cf the several township officers, whose duty it shall be to make out certificates of the election of the person or persons elected, and thti Sheriff of said ccunty shall deliver the same to the township officers so elected. Sec 24. The citcuit ccurts in counties where court houses shall not have been erected, shall be holden for the time being, at the place designated by law uri selected by the court; and the boards cf commissioners in such counties, shall with all convenient speed proceed to the the completion ot a court house, jail, and other public buildings for the same, and keep the same in repair. Sec. 25. The board of commissioners, in their respective counties, at their first meeting after the passage of this act, or some subsequent meeting, shall appoint some fit person as trustee of the public seminary cf their respective counties, who, on acceptance of such appointment, shall take an oath ot i ffico faithfully to discharge the duties ot his said office according to law, and also give bond payable to the stale o! Indians, with two sufficient securities, in the pen al sum of double the amount as rear as may be, of the funds of the county seminary, conditioned for the faithful performance of the duties cf his cffice, nd for paying ovei all monies, and delivering over all books, bonds, and papers, that may be in his hands as trustee, to his successor in office, when histeim of service shall have expired agreeably to law; which bond shall be filed in the cffice cf the cle:k of the proper county, and shall not be void on one rccr.veiy, but may be put in suit'fiom time to time, as often as occasion may require: Provided however. That this act shall in no way be construed so as to interlere with or repeal any existing laws, respecting the county seminary of Switzerland county, or 3ny other county, for which special laws relatitc to county seminaries have heretofore been enacted. Sec 26 The board of commissioners shali annually allow ihe cleik and sheriff of their county, such conpensation for their extra services, as they may deem reasonable, r.ot exceeding tevei.ty dollars eacl:; which annual allowance shall be considered a full compensation for all extra services, rendered the hoard of commissioners the circuit court cl such country, and the county in tny manner whatever. Sec. 27 The board cf county commissioners in each and every county, shall cause a pound to be erected at or near the several couit houses, wi:h a good and sufficient fence, gate, lock end key, where estray horses, mule, and asses may be kept, on the first day of tho terms of the circuit courts; and the said board shall algo appoint some fit perton who shall take charge of eaiii pound, and keep the same in repair, and whose duty it shall also be to attend at the 5aid pound, on the several court days, during the time such estrcys are directed lo continue there, with the key of the same; and the said board shall make such reasonable allowance for the erecting and keeping said pound as to th em shall seem proper, to be paid oct of the county treasury; and any person Leing appointed and undertaking the chaige of said pound, and failing to discharge his duties agreeably to the directions herein expressed, shall forfeit and ray to tho person injured, the sum ol eight dollars for every such offence, with costs, recoverable before any justice of the peace cf th county where such offence shall have been committed. Seo 2b. Ft cm all decisiors of tho several boards cf commissioners, thero shall be an appeal to the circuit court, by any person or persons aggrived; and tho person or persons appealing shall take the same within thirty days after huch decision, by giving bond with security, to the acceptance of the clerk ol such board, conditioned for the faithful rrsccution of sucb appeal and the pavn e r t of costs already accrued, and w hich n ay hereafter accrue, if the same shall be adjudged by the said circuit court, to be paid by such appellant; and the cleth shall docket such appeal, with the cases pending irj the circuit, within twenty days after the taking of such appeal. ISAAC HOWK, Speaker of the House of Ki prescntatica MILTON STAT P. President of the Senate, Approved January 19, 1S31. J. BROWN RAY. NOTICE. A LL those indebted to the subecri

cria.o A XlelJ

(j hers by note or book account, earnestly requested lo call and pav same on or before the 20th of March ROSE U HARPERS. Vincennes. Jau 29. 1831. 51-tf " Afcw pounds of It'ool 1V(l1lM,

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