Western Sun & General Advertiser, Volume 22, Number 31, Vincennes, Knox County, 10 September 1831 — Page 1

BY ELZHU STOUT. (L&.) SiLTUPJX&Y, 2.0, 18SS. ITOIt. ZX2Z. MO. 31

E2tci Sun

IS published at S- 50 cents, Tor 52 ; Btimbcis; which may be discharged by j the payment of S2 at the time of sub scribing. Payment in advance, hctn 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 en gagement; i no subscriber discontinue, until all arreara Subscribers must pay th their paper when sent by tcrs by mail to the Editor on business must be paid, or they will net be itiendcd to. PnonucB will be received at the Cash Itfzrkrt Price, for subscriptions, it deiiv- j cred within the year Advertisements not exceeding thirn . . ,m ill it - -v : i t li r r tliv.,' w f r

KC" ' " 4,1 u, "'av ' luw " , " joct matter ..f sai.l petition, the nndersined one dollar, and twntt-Gvr cents lor . wtTC tu rx.K.ct tt,mi inli!nutions each after insertion -longer ones m the tni)Wix out by certain members of s .id masame proportion 7 Person scndiiv jjoiity, that tluy would h.iv t ivoreil the Advertisements, must specify the num. j House with a repoit. mow definite and deLer of times they wish them inserted, or j tailed in its term and character. Nor was thr-v will hp rnntmupd until ordered out. : 5t U) be expected that the ery cnutietis and

and nius' be paid for accordingly. j t i RLPOKT ah in miuum i'f iipfx..iiii(i:iris vi t it. (itvcral Assembly of Intl. Jan. J7, IS1. Jvlr Owens of Monroe, from the miiioritv of t!ie select committee, to which had been referred the petition of Christopher Harrison and others, citizens of the county of Washington, praying a repeal or so much of the act of assembly "relative to crime and punishment," as prohibits the ci'izrns of this state from "sporting, hunt ins;, fish'ng, and common labor r.n the first dav of the week, commonly cailed tav,-ind subjerts them a fine for so doing," submitted the following report: That the urdersignnd in attempting to present to this House their separate iew on this highly interesting subject, cannot but be fully sensible of the extreme delicacy and responsibility of the task they h ive thus undertaken io discharge, and approach it duly impressed with the conviction that it is one which demands of them, and of this Ilousf, the most calm and dispassionate consideration. They cannot overlook the well estaLlighed f ut, as shown b almost every page cf hito.y.ih it (jiiestions involving the tru'h or f dsehond of religious creeds, have in all ages partook of the most deeply exciting character; that out of such have grown the m "st deadly and unrelenting warfare; and that mere human blood has been shed in " attempts to propagate and enforce the obsenance of them, than from almobt any ether cause whatever. This remark will, upon a recurrence to the history of thedarIwCr ages of the christian world, be found full) v erified; and however we may boast ct our superior claims to the character of being enlightened and liberalized in the present ige, and that we live in a country, the berigti constitution of which guarantees to nil, even t ac humblest among us. th" unrestrained exercise of the rights of conscience of freedom of speech, et melancholy experience admonishes us that whenever any qu. stionof the above nature U agitated the influence of that intolerant spirit which condemned to the stake of a John Rogers, a Cranmer and others, and consigned to a ji . it i- i , , j : r , ?. , cruel death thousands of helpless women and children, is still sren although it may riot lie ft It. That this is but true recent circ ".-.stances throughout the country indicate. Under this view of the subject the undersigned cannot advance to it without feeling s:vi,c degree of hesitancy and are aim st disposed to regret, that a subject involving so neach delicacy and calculated to be pro durtive of such deep excitement should in the c Mirse of their legislative duties have been thrown upon them for their consideration, or to demand at their hands the expres sion of any opinion This duty, partaking under any circumstanses of great delicacy, is rendered peculiarly soon the present occasion, inasmuch as the undersigned find themselves thrown into a lean minority of the committee, to which this subject was referred, and being compelled from their comictions of duty, to entertain, and falsely express an opinion on this subject, so radic dlv foreign from that intimated by a majorit of said committee. Cherishing how e -er, as they do, a scrupulous regard for that invaluable provision of our constitution. viiich secures to all the good citizens cf this republican community, the tight of "applying to the Legislature of their country for a rtnb ss of grievances, and of being heard on the floor of this House through their repre--s, sent itives. w e cannot, as a coustituer t part of this legislative body, disregard the injunctions of duty, in not responding in a be coming manner, to the temperate an. I respectful call made by the petitioiurs on this occasion. I lie appeal tliu made derives j additional force from the reflection, that . n j the list of petitioner-, the undersigned re- j cogtu.e the names of several gentlemen t; CK'iowIedge I worth ami resneuabduv. pes- i h , , , i , , ' . ,- 1 StNNiur unquestionable claims to the ch.irac ter of 'intelligence, devotion to the wclf.re nd prosperity of our common count r and' its republic-ill institutions, as well as a due ! vee aid for the principles of genuine moral Vy atid religion, and who have on many and eft ir ne ated occasion, received marked manifestations of the public confidence, by L. . . . II. ..i . .1... ir.ri i.f tTilvts lit f'lt- '

.;.w ,-,.,nn,.sib,htv. Kntcrtainins ttmil,,al thc observance ot this day, exclu

" t jut esti mitt- of the standing and chmn ( t the petitioners to the notice cf this Hou-e. th'v cannot bat igut that any indtv id't.d wli- ther in or out 1 1 this House, whiht yieldiitothe impulse of an overweening (tho' no doubt honest) zeal, should ha e mao'ile'cil ,i disposition to treat their retpie: on hi w'l.iMon, otherwise than with that l -Vp . 1 1 i 1 re-nrd to wh.f h the freemen ci" thi lt pu llL viuv of h-ie at all times an i:;ili-put :'de

servants. However much it may be deem- ! cd thev nrr mi.sLnken as to the true liohcv !

and expediency of the measure in question, J the very deccrous and temperate tone they j nave awimcn. w CAtni:ii"i itivjir (,:- i stitutional privilege in appealing to this House, entitles them, at kabt, to that cour tesy which is dee from the enlightened re prescntam es or a ;rce pcopr- io any portion i of thtir constituents, when appealing tc i them as such. It is further to be u-greited j r . .... . in c tue maioiuv oi uus eonni.iitte, tor whose intelligence and superior paik.imen report more restuinse to the praver f the petitioners, una e.uu):t:ur; a nnae definite expression ot their opinion e-f the constitutionality of the enactment comj laincd ot When the undersigned, as the minority of s-iid committee, surrendered (is bec.jtme tlieir duty) into the hands . t ih- majority, the uroince of submitting to this House, the sense of s lid committee teuchinr tlie subery cm UmiU'd ground occupied bv the said maiori- ! ty in making th: ir very brief report, (if bucii it may he cube ; would have rendered it necessary, tortlum to introduce into it any i matter toiei'.n to that which was directly submitted t the said committee for their cousidi ration. V single glance at the said repoit will s.u.-f the i.-om superficial observer, that the matters purporting to be embraced therein, :.ie not the same which were originally referred to said committee. The undersigned are not aware that ".sundry petitions and resolutions praying a repeal of the present laws imposing a hue on sabbath breakers, and those who may interrupt, molest, or disturb religious worship pers," were at any time refeired to this committee They will not stop to stickle about whether the offence of sabbath break ir.g, which have occupied the mind of the draftsman of the above report, is the same with that of violating the day "commonly called Sunday," the one deemed to be in question; nor wiil thev inquiie how far "resolutions" on any subject, can be used as a suitable medium of "praying" for the repeal ot any matter complained of as a grievance; ' but they must be permuted to say, that the subject of "interrupting, molesting, or disturo'mg religious worshippers," seems to have been gratuitously thrown in here to operate as a make weight, to divert ai lention irom the real object in question, but whether by design or inadvertence is left to inference; ror vvili the undersign ed assume the invidious province of de ciding which. The enactment tSVhicl. the attention of tfiis House has been diawn by the petitioners, as the sole sub ject of grievance, will be found in the 57th section of the act "relative to crime an punishment, (approved January 20, 1824 Rev Co. 1823 4p 148;) whilst he off-m e of "inicrrufittng. molesting, or d'C'urbmg any religion society cr member iher?(.J. ivhen meeting or met to get her for virsh'i" const nuies one wholly dUunct horn the former, and on a reterence to said statute will there be seen becoming (ami as the undersigned believe very properly) the ubjectol a oisunct enactment and more exemplary punishment (Ser 59th sec ol said act.) With no ther than a sincere wish t i place this question in a fair point of view, and prompted by that sense of duty which they humbly conceive, they, in common with the rest of the members of this House, owe to the above petitioners, and to the public in general, the undersigned as the rninoii'y of said committee, with all due deleiencc to the opposing opinion of their fellow members of the majority, here venture to submit the fol lowing, as the grounds which impei them to their dissent In the consideration of the subject here submitted the undersigned are m dutcd to view the day commonly desig nated by the name of Sunday, cither as a re'igious or civil institution: in the fnst character as deriving its sanction liotn divine authority, in the iatter as being ol humon origin. If vie wed as emanating fiom the first, the question will natural ly be presented whether the legislative power of this State has a right constitutionally to inteifere with the matter bv enacting laws regulating or pt escribing its observance solely for devotional or religious purposes I' it should be conide'ed as claiming to be onl of human institution, then a sirr iiai question 'ouch mg the constitutionality ot said enact xlu nt will arise in addition to which its poicv ad expedient y wj!l become a subct (), , , atc c,,lisi,itl ation In at. 1 . . .. ., f ieti p:ii.i! to t; ace the evidences ot Sun l5a' bavmg derived its obligatory sane i o :i Irom supei human authority, the un dersigned have been w holly unable to j find any thing in the sacred volumr, and particularly in the New Testament, 'rom w Inch any sstislactcy and wt 11 established information can be deduced, Mvcly for religion purposes, was enjein-e-J by our bav lour or any ot h:s A postk but if any thim: is d.'.ucible on that sub ject from his hmgur.ve :.r.d practice, it

at liberty toi tary experience the undeiMgned entertain a

,Tes are r.aid proper tietcrtnee, s.iouki no: nave luund it

2 -icstac on! comporting wun tneir sense oi duty on thi

seems to there, to pa: take clearly otthrision necessarily follows, that there is

They admit tn.it Old Tc rot 1 1 ci the institution by di vine authority .'! the Sabbath ( sevct-th i "ay d t: c IV i;: il ;.r(

I opposite character. 1 hey adroit tr.t none sucb e NUting at Mie present day act. Herein belure reterretl to, as indi- Irarr cd theologian, Ur raley, the orthoi abundant ultimo;. v is to be fou;:d in the i I'ut it may be contended, that, admitting pensablv necessary, arid wuuld be r.illii .iA dow of whne telivious sentiments jird

religious observ ance, among the Israel-1 bp thr rhrmf n nrorl o f Clnrl- nnH !

thul Uponthem as such, according to the : ,aw ftf Mf. lhe slIictcst nhrtance ! j - . . j ; of it tvas enjoined under thc severest pen :

aities. But notwitnstandmg this, it can-; ish babba;h. liul suppose this adrr.U- rights ot conscience, w hen they are comnot be pretended that an ordinance calcu-i sion should be made, can it then be satis- pellcd to thi: I: that the enactment a m-

i r .i.. . ueu aione ror me gov ci nmtnt oi mat i pai ticular nation, at that particular era, j ami adapted solely to their peculiar poli cy, can bv any toiced construction, be n:ade to extend to the whole Christian i world, or to acquire and maintain an ob- j lh;atory force upon them Let it be re-j

men.bercd that the Jewish Sabbaih wasjtory of the Jews," a work of standard j the 7th or last day ol the week, and ac- (authority, says, "The ordinary festivals

ccidingto their mode oi computing, it wag made to commence at six o clcck or sunset on IViday evening, and to u i minute at the same hour or time on Saturday The Christian Sunday commences at Midnight on Saturday, and closes at the same hour on the next evening, con sequcntly it becomes a ruitc difiV.i tnt J cay, anJ must owe its institution to an entirely different cause. The Jewish Sabbath appears, according to the testi-1 mot y ol one inspired writer, to have j been oroained in commemoration of the Israelites from Egyptian thraldom, (al though the same iuspitcd author in another place seems to intimate a different icason for it,) at ihe same lime the Chiistian Sunday, if deriving any sane tion at all from the sacred volume, would seem to point to a totally difieient event as the origin of its institution. As the Jews occupied a territory quite circurn scubeu in extent, enjoying a temperate climate, producing but little disparity in the seasons or in the lcng5h of the days and nights; the injunction upon them to observe the Sabbath or 7th day of the week as above named, was a duty altogether practicable and could be made to operate unib imly throughout their whole borders; but such a requisition upon the entire christian world, who are scattered over a widely extended tei ritoly, stretching from the burning plains ot the equator to the frozen regions ot the pole, exhibiting a disparity in the length of the days Irom 24 hours to that of weeks aed even months, would seem lo be er tint easonab.c and absolutely impracticable, liut iet the position be assumed lhat it is a religious institution. and that it has been established by divine appointment, the conclusion seems to be iriesist;b!e, that the legislature ol Indi ana possessed no power under the constitution of the State lo make any law re quiiing its observance as such, and imposing pecuniary penalties for a violation of i'; and that lhe law in question for the repeal of which the petitioners have prayed, being in contravention of the above instrument, is thereto! e void and without ny binding force whatever A recurrence to the 3d section of the 1st article of the Constitution will settle this question lis language is clear, positive, and unequivocal, and admits ol no mikinierpieiation "No man shall be compelled to attend, erect, or support any place of worship, or to maintain any ministry utainst his consent; and that no human authority can in any case whatever, control or inteifere with the tights of conscience " Thee is another light in w hich the act alluded to may be viewed, tha; lenders it equally objectionable By the proviso to the said 57th section, exemption from its penalties is secured to sundry descriptions ol persons, and amongst the rest those who conscientiously observe the 7th day ot the week as the Sabbath The undersigned have bv.en taught to believe that in a community regulated and constituted as this is. all gencial laws should be made so as to opetate equally upon every member thereof, whe'her the rich or ihc poor, 'he high or the low, the Ch istian, the Jew the Mahometan or the Pagan, nnd that what is piohibited to one class or sect, should not be tolerated to another The undersigned cannot but conceive that the exclusive privilege confei red by the abve proviso is clearly in direct violation of that provision of the Cons'.i tution which expressly inhibits kithe grc ing of a fireferencc hxj law to any reli gioua socwies '.r m-.des of worthiji ' It is difficult not to perceive that this is granting to the Jew and Sabbatarian, a privilege which is interdicted to a larjc class of our citizens, and by no sophistry can the language and import of the said proviso he. so distorted, as r.ot to obviate the conclusion lhat it is not only in e: press violation of the plain letter and spirit of the above recited clause of the Constitution, but manifestly unjust, par tial, and unequal in its practical operation and e ffect As ft om w hat has been heretofore urgcd by t.s, it may be confidently assumed,! thai there is no warrant to be found in j thc New Testament, shewing that either ! Christ cr his Apostles ever delivered any command to their disciples, tor a dis - j continuance on the first day of the week ot thc ordinary rthces ot their proles isions, or for the peculiar anni onriation ol that day to sacred duties, the conclu ! none such eNiting at Mie present day I m wt - j there is no such warrant to In? found as '; '; s ove, the institution of th, Sabbath the lUcar.'s'-tc gavn through Mcfcs

the Israelites, is of universal obligation, i xfMldinf as in the n.'i.,. iri I

Christian as to the Jew, and that the day ! now designated bv the name nf Sml:i. ! .j , -- --- , has been substituted in lieu cf the Jew t ununij miowu, u.uv run au'.;iij; uic Jew s, the Sabbaih was appropriated sole ly to religious purposes? We have no !".. : i .u .. . , . . . I

hesitation in asserting the contrary to bcMcuutc of i'.; and however ir.uch the ad

the fact. Listen to the language nl a deservedly popular author on this subject the llev. Mr Milrnan, who in his "Htsof the Jewish nation was of a gaer and j more cheerful character. Lvery 7th day ! was the Sabbath; labor ceased through out the whole land; the slave and the stranger, even the beast i.i labor and burden, weie permitted to enjoy the period of case and re creation. In latter times, as well as a day ol gratetul lecolleciion, it became one of public instruction in the principles of t;:c law, and ol social tquality among all classes, young and old, ciaste Rich and poor, ter and slave, met belote the gate ol the city, and indulged in innocent mir:h,or in the pleasures cf friendly intercourse." Thus ii appears, lhat among the Jews then, the Sabbath, instead ot being devoted exclusively to the purposes cf devotional exercise, or a tigid abstinence from the ordinary ic creations of lile, was obstived as a day of relaxation from business and con-men labor, and for indulgence in rational amusemcnts, in order that the physh al constitution of man, should thereby be offered an opportunity of being refreshed and invigorated, so as lhe better lo fit him tor his ordinary avocations Bui if this day is to be viewed merely as a civil institution and as deriving no sanction from divine authority, the question again recurs whether the enactment in question, is in accordance with another provision of our Constitution, equally explicit and unequivocal in its import, wiih the one above mentioned. In the very 1st article, in the enumerated list cf certain natutal inheient and una lienable rights, will he seen occupying a conspicuous tank, that ot "acquiring, possessing and protecting pioperty," and ol pursuing and obta':ring bappi incss and salety.' These piivikges are herc most solemnly declare d to be unal tcrab'y established and unequivocally guaranteed to all men. No distinction of rank or sect is indicated, and ihc guarantee is gisn fully, without an qualiiicalion, testtiction cr limitation whatever. Kut independent of this obvious ccitiliction with thc bat mentioned clause ol lhe Constitution, thc under signed are of opinion, lhat lhe policy of said enactment may be well questioned. 1 hey are wholly unable to point to any honest mode, by which property is acquired and protected e xcept by common labor or ordinary industry, and that it is the only ical and substantial source ol wealth and property. They are there fore at a loss for any satisfactory reason why every member of our community, together with the sojourner, should be compelled by any legislative enactment to waste a sevcnlh p3rt of their time and industry, when no practical pood can result from it. Whatever may be thc reai and solicitude of the advocates of this superannuated enactment to re tain it m our criminal code, we cannot bin conclude that it is deemed by a large majority cl our community as an useless incumberment of the sta'utc book T his conclusion is strongly corroborated by the notorious circumstance that ro one scarcely ever attempts lo enforce its ob sei vance or to irfiict punishment tor a violation of it by a icsott to legal coer cion, except to subserve the purposes of fietty malice No respectable and trti ly pious member of t lie Christian family, whilst regulating himself by lhe be nign principles of his religion, and imi lating the characteristic meekness and philanthropic spirit of its Divine founder, will ever find it necessary for I, is protection in lhe exercise of it, to appeal to this law. This unenviable task will be left to thc instruments of vindictive bigotry, or to some petty officer, who, ever ready to excicise his Hitilc brief authority," will seek to profit by ihc pallry fee he may be able to derive from it. And here the undersigned must be permitted distinctly to declare that w hatever maybe their objections to longer retaining the above cbnoxious enactment in our code upon the alleged ground of its unconstitutionality, they most cheerfully accord in the adoption of such efficient enactments as may be necessary for ti c protection cl all and e veru description of persons, sects and denominations, in thc full, free and uninterrupted enjo) mcnt of their religion be that what it may, and j for the prompt and exemplary punish j ment of such as might be guilty of elis i turbmg them whilst engaged in the exj ercise ol its unties ror the purpose of securing this desirable obiect, the under signed deem the provision contained in the 59th section of the aforementioned act. herein before referred to, as ind'n - ' f for that purpose to go even much for in; ther to increase the amount of prnabv tij therein prescribed agtmm tl.c violator

ol it. '1 hey do this because thty sincere lv ? urn! S in fnnl.nurn r-f

the s!u!at7 principles intended lobe sc r.mrd in the .fere rrrit,d nrmimn cf - r - - cur Constitution in extending to all the piameu ci is wii liiinngcir.cni cr moss ri ghts. The enc gives pro'.cciicn whilst 'he other lays the foundation for a fori i r - :..r: . r . locates of the iatter enactment may labor to identify them, thty will remain a9 (iiametneady opposite in their 'endency and eU'tct ps any ether two pro isions in the law. But to such a subterfuge the frit rids of this obnoxious eii2Clmer.t are constantly driven, and the urdi rsiri cd repeat the expression ol their unfcpi:ctl regret, lhat a course to disingenuous should have found a precedent on this occasion, in thc piactice cl the majority of this committee. Whilst engaged in the censideratica of the question hcie presented, the unfit i signed cannct view it in any other light than the cne which haa for se me lime claimed the attention of cur National Legislature, and upon which such a decided expression ot lhe opinion ejf that enlightened body (tc ge:Lcr with that cf the General Assembly of our own Slate at its last sesiion) was had It is hardly necessary to add that we here allude to the repeated applications mods to congress by certain pci Softs to stop lhe transportation ot the mail on Sunday. The very same principle is involved, and it is deemed impossible for tho most wire-drawing casuist, ur.aidtd by sophistry, to deduce any distuxtn n between their: if done, it would cenainly be one without any iational or perceptible difference Thc principles and positions assumed in the eiy able and masterly report made by a commit' e on that subject, in thc senate of the Urite3 States, ol which that distinguished su.-t.-s man and patriot. Col Richard M Johnson was the Chairman, has received the concurring sanction ef an overwhelming majority ef the pcop'.e of these states. The approbation of it has bten so r rrkcd and univeital as almost to induce a recognition ol it throughout the U ion, as thc text book of lhe enlightened clnisfian and republican statesman To thete signal testimonials of the sppiein voice of an enlightened community, the undersigned must be permitted most wittingly to accord the humble tribute ol their testimony. 1 hey conceive that the language and doctiines of that able state pbper go fully to sustain the ground here taken by them, and will be found to be in perfect union with it. As 'l.:.t do. cument has been for some time beforo the public, and hrs received a very extensive circulation, it may be the ught unnecessary to do mote than sin py to reler to it. The undersigned, however, cannot forbear calling the attention cf this House to a few expressions therein, thc force end applicability of which to the ejueation under consideration must strike tveiy one, among which art the following: "It should however be kept in mind that the proper object of govtir mtm i to protect all persons in the er.jovment of their religh us as well as civil rights; ai d not lo deteimine for any, v Ik ther they shall esteem tne day abov c ar -other, or whether they shall esttv m all daya alike holy M Again "From ihe example of the Apostles ol C r t is:, n ar.y christians an ong us have chostn tha fust day ol the week instead cf the seventh day, as stt apart in thc deeah gue, fortheii religious devotions These l:e generally regarded the observance of thc day as a devotional exercise, nnd would not more readily enforce it upen ether, than they would tnloice itcret prayer cr elcvoul meditation; urging lhe fact that neither iheir Lord nor his cisciples, though often censured by their enemies for a iolaiicn of the Sabbath, ever trjfincd its observance. 'J hty iegard it as a subject on which eve ry rerse n should be fully persuaded in his own mind and not coerce others to act upon tut persuasion, l he Jt wish govt rr.o cnt was a theocracy which er.foiced iclit'icu observances; and though ihe commi'tco would hope lhat no portion ot U.r eitizens of our country wculd willinply introduce a system cf rcligius rrrrcion in cur civil institution, the cxai: p i of e.iher nations should admcnish us to watch carefully against its tat icv indication. It is r.ot the legitimate piovir.co ol the legislature to determine wt..' religion is true or false Our govtrr.mer.C is a tiv.L not a rctgi'.v ms'iiu'mn Our constitution rccgrJzts in every person the right to cKote bis ctrrr rc.iicr t ar d lo enjey ii freely without mo elation Whatever may he the rtliictj sentiment ot citizens, and howevei arij ant, they are alike entitled to prctccticn i from the uovrrr.nicrn to lore? cr thev dnet invade th rzht o other " It udj di btion to the support htc derived frem the fort going report, thc urdersii.cd tan also draw lo their aid the t ry ex plic it opinions rf lhat dis'inguisr ed a d - - ! s t od rnora'ity. ihe advor att s e-f it is tn- ; ctnxrt will n t dare to question. Ther J hate been long rcctmztU oabcih zlZct