Western Sun & General Advertiser, Volume 24, Number 3, Vincennes, Knox County, 16 February 1833 — Page 2

5 worn to perform. InHcuof these, sbo! aid to retake the property pursuant 16 the lias ubstituttfdthose stale tributia al-'otderor other prccrss ol the cturt. ready deritd to, the judges whereof j It U moreover obvious that in thus are not merely forbidden to allow an ap-; conflict between the powers of the repeal, or permit a copy ol their records, 'ccrs of the United States, and of the but arc previously sworn to disregard ; State (unless the latter be passively subthe laws of the Union, and enforce those ; mittcd to) he destruction to which the only ot South Carolina; and, thus depti ; property ot the officers of the customs ved of the function essential to the judi-i would be exposed, the commission ol I violence, and the loss of lives

ity of the law, and the right of the mat- would bo scarcely avoidable, ter, become merely ministerial instru- Under these circumstances, and the rocnts In aid ot the concerted obstruction provisions of the acts of South Carolina, of the Uws ol the Union. j the execution ot the laws is rendered Neither the process nor authority of i impracticable even through the ordinary these tubunals, thus constituted, can ba j judicial tribunals of the United States, tespected, consistently with the suprem- There would certainly be fewer difflcu acy of the laws, or the rights and sccur- j ties and less opportunity of actual colity of the citizen. If they be submitted lission between the officers of the UniW, the protection due fiom the Kovern. ted States and of the state, nnd the col. went to its officers and citicns is with- lection of the revenue would be more held, and there is at once, n end, not oil effectually sccurcd-il indeed it can be Iv u the laws, but to the Union itself. done iu any oiher way by placing the Against such a force as the sheriff may, custom house beyond the immediate and which, by the replevin law of South power of the couniy. Carolina it is his dtny to exercise, it can- Tor this purpose it might be proper to not be expected that a collector can re- provide that whenever, by any unlawful tain his custody with the aid of the in-, combination or obstruction in any state,

sncctors. In such case, it is true, it ... ; would bs competent to issue suits in the United States courts against those enga oed in the unlawful proceeding; or, the . i property mignt DO sei.eu lor a vioi.iuon j of the levenue laws, and being libelled in the proper courts, an order might be made for its redelivery, which would be committed to the marshal for execution. Hut, in lhat case, the 4lh section of the act, in broad and unqualified terms, mikes it the duty of the sheriff t(to pre vent such recapture or seizure, or to redeliver the gjoJs, as the case may be,' even under any process, order, or decrees, or other pretext, contrary to the true intent and meaning of the ordinance aforesaid.0 It is thus made the duty of the sheriff to oppose the process of the courtsof the United States, and for that pu'pisc, if need be, to employ the whole power of the country. And the act expressly reserves to him all power, which, independently of its provisions, he could have u tod In this reservation it obviously contemplates a resort to other means than those particularly mention td. It is not to be disguised, that the pow. er which it is thus njircd upon the sheriff to employ, is nothing less than the fiossc cumitatut, in all the rigor ot the ancient common law. This power, tho' it may be used against unlawful resis- j tancc to judicial process, u in its character lo'cile, and analogous to that onfcredupon the marshals by the set ol 1795 It is, in fact the embodying of the vholsi mass of the population, under the co.umand of & single individual, to accomnlisli by thtir forcible aid what could not be effected peaceably and by j the ordinary means. It may properly j hi said to be a relict of those ages in whicn the laws could be defended rather by physical than moral force, and, in its o; igm. was conlerrcd upon the sheriffs of ;uisd, o enable them to defend th ir cou.i.y against any of the king's enemies when they ca ne into the land, as well as for the purpose of executing process Jn earl? and less civilized times, it was .iivendeJ to include "tho aid and attendance of all knights and others who were bound to have harness." It in chi les the tight ot going with arms and military equipment, and embraces larger shsses and gieatcr masses ol popua-1 tio than can be compelled by the laws ot mast of the states to perform milita ry duty If trio principles of the com. nvm taw are recognized in South Caro'.i. na, (ami from this act it would seem thev ne,) the power ol summoning he ja.savf conutatus will compel, under the penalty ol fine and impusonment, every jna.i over the a,c of fifteen, and able to ! travel, 'o turn out, at the C3ll of the sher iS. a i l wiih such weapons as may be ne ce..iry; and it may justify beating, and evc.i killing, su. h as may resist. The iuc of the comitatus is, therefore, a direct application nf force, and cannot b-otherwise regatded than as lha em ployment ot the whole militia force ot the county, and in an equally efficient form, under a different name. No proceeding which resoits to this power, to -the extent contemplated by the act, can be properly denominated peaceable. T.l: act of South Carolina, however, jrv-s not rely altogether on ibis forcible i remelv. Fj" even attempimr to resist or dis bey though by the aid only of the - ( ordinu r otners of the customs the

process of ieplevin,thc collector and all j not catise the laws of the Union to be concerned are subject to a further pro-! properly respected and enforced. It is -cetdirujj in Hie -nature of a distress of believed these would prove adequate, their personal effects, and arc moreover 1 unless the military force ot South Laroli m.'.c guilty of a mivlcmeamir and liable ! na authorized by the act of the legislato be p .nislied by fine of not less thinjture, should be actua ly embodied and unj laousond nor raore than five thou- j called out in aid of their proceedings Sc ssnd d iliars, and to imprisonment not J of the provisions of the Ordinance gen exceeding two years nor less than six-eraTy. Even in that case, however, it is mni'ti; and even attempting to execute i believed that no more will be necessary thr onb-rs of the court for retaking the J than a few modifications of its terms to a prjjuny, :hc marshal and all assisting i dapt the act ol 1 795 to the present e

would be guilty of misdemeanor, and be! iiatile?o a G e not less than three thou si.id dollars, nor more than ten thousand, aiJ to impiisonment not exceeding two yearc, ncr ies man one; ud in c?c th goods should be retaken under suchnrocess it i maic the absolute duty ot the GherifT to retake them. It is net tube supposed, that in the j face orihcse penalties aided by the pow-1 crhil force of the countiy which would U ibtlcss be brought to sustain the Siate'; orTieM. either that the collector could! rctain the custody in the First instance, .,r lln the imrsbal could summon sufficient

or tiny port, it should become impracti

cable faithfully to collect the duties, the President of the United States should (be authoiised to alter and abolish such ol (, . i r . .i. ..,.1 mc uistricia anu pons 01 eniry us suuuiu necessary, anu to esiaTiiisii iuc iu:iuio house at some secure place within some port or hat bor of such State; and in such cases it should be (he duty ol the collector to reside at such phicc, and to detain all vessels and cargoes until the duties imposed by law should bo properly secured or paid in cash, deducting Interest; that in such cases it should be unlawful to take the vessel and cargo horn the custody of the proper ofllcer of the customs, unless by ptocess from the ordinary judicial tribunals of the United States; and that in case of an attempt otherwise to take the property by force loo great to be overcome by the officers , a. i.l ol tnc customs, it snoulcl be lawtui to protect the possession of the cdiccts by the employment of the land and naval forces and the militia, under provisions similar to those authoiised by tho 1 1 th section of the act of the 9th of Januaty, 1809. The provision, however, would not shield the offices and cirizeus of the U. States, acting under the laws, fiom suits and prosecutions in the tribunals of the state which might thereafter be btought against them; nor would it protect their properly from the proceeding by dis tress, and it may be well apprehended that it would be inefficient to insure a proper cspect to the process of the constitutional tribunals in prosecutions for offences against the United States, ami to protcc t the authorities of the United States: whether judicial or ministerial, in the performance of their duty Ii would, moreover, be inadequate to ex tend the protection due from the gov crnment to 'hat portion of the people of South Carolina against outrage and oppression of any kind, who may manifest their attachment, and yield obedience to the laws of tho Union It may, therefore, be do.sirab'c to re vive, with some modifications better adap'ttl to the occasion, th 9th section lot the Act of the 3d of Match, 1815 which expired on the 4th of Match, IS 17, by the limitation of thatol 27;h ot April, ISI6, anil to provide lhat in cast where suit shall be brought against any individual in the courts ol the state for any act done under the laws of the United States he should be authorised to move the said cause by petition into the court of the United States, without anv copy of the record, and that that court shail proceed to hear and determine the same ai 'if it had been originally institu ted therein; and that in all cases of injurics to the persons or property of indii duals acting under the laws of the Uni- j nance and latvs of South Carolina in per tormance thereof", redress may be sought in the courts of the United States It may be expedient, also, by modify ins the resolution of the 3d cf March, 1791, to authorise th marsh ih to make the necessary provision for the safe kecpinc; of prisoners committed under the authority of the U States. Provisions less th.... ihcse, consisting as they do for the most part, rather of a revival of the policy of former acts called for by the existing emrrcrfnrv. r ' w . i. t .u : . l - nun ui iuc imrouucion ot anv nnii sual or rigorous enactoients, would mergency, as bv that act the Dtovisions , of the law of 1702 were accommodated

' to the crisis then existing; 3nd by con j ferring authotiiy upon the president tojur

eivc it operation durin- the session of v,it a ujicuiui ouup i.ic .ta-iou oi i conirres, and without the ceiemonv of a! ' proclamation, whenever it shall be cflki a!jy ma Je inown l0 hm bv the authority of any sraie, fat within 'the limits ol such state, the laws of the United States will be opposed and their execution cb tructed by the actual employment of mili aiv fnrcr.or bv anv nnlrvurfnl means u hatsoovcr, too Crcat to be otherwise o- ! vercome.

In closing this communication T think!

I should do injustice to my own feeling not to cxpios my confident reliance upon the disposition ot each department ot the government to perform its duty, and to co-operate in all measures necessary in the present emeruencv. The ciisis undoubtedly invokes the fidelity of the patriot at d the sagacity ol the statesman, not more in removing such portion of the public burthen as may ne unnecessary, ihsn in preserving r ' j : .... .a;;;,..1,n,. 7 7 7.1" Whi il , , inVh ICSU,CU While a forbearing spmt may, and .... ..;in . & , i i trust, win be cxcicised towaids the er tnaifilrnanr nf li ... i . - .1 i.k.... rors of our brethren in a particular quarter, duty to the rest ol the Union demands lhat open and organized resistance to the laws should not be executed with impunity. The rich inheritance bequeathed by j our fathers, has devolved uoon us the sz-! cred obligation of preserving it by the; .. . - I" - same urtues which conducted ihem through the eventful scenes of the revolution, and ultimately crowned their struggles with the noblest model of civil institutions. They bequeathed to us a government of laws, and a Federal Union, founded upon the great principle ol popular representation After a success fnl experiment of forty years, at a mo ment when the government and the Unton are the objects of the hopes of the friends of civil liberty throughout the world, and in the midst of public and individual prosperity unexampled in histo ry, we are called upon to decide whether these laws possess any force, and that Union the means of self preservation The decision of this question by an enlightened and patriotic people cannot be doubted. Tor myself, fellow citizens, devoutly relying upon the kind Provi dence, which has hitherto v atched over! our destinies, and actuated by a profound j reverence for those intitutiot s I have so m,Ch cause to fove, and for the Ameri C8n ncoole whose cartialitv honored rrc with th ir highest tust, I hac determi ned to spare no effott to discharge the duty which, in this conjuncture, is devolved upon me. That a similar spirit will actuate the representatives of the Amc ricnn people, is not to be queticne': and, I fcrvcn'ly "pray that the Great I.uier of nations may so guide your delibs rations and our joint measures, -as that tt-.ey may prove salutary examples, not only to the present, but to future times, and solemnly p oclaim that the conslitu 'ion snd the laws arc supreme, and ti e Union mibasvlubie. ANDREW JACKSON XVanhintfton Jan 16. 1G3 LAND "FOB. "Q&XjL rjIMIH subscriber olK-rs for sale the 1MJ lowinjr trnetsof land, viz:

200 acres of Donation Lot No. 113 185 1o do do 1S2 199 do do do 1RI 199 do do do Sil 400 do driA do in; ICO do ik'W ,!o till 70 di dof !o JS.9 C5 do do (h I7f, 350 do do do M 10O do do do 111) 50 d do do bit lOO do di do W ISO ilo do 107 200 S. half do do l'Jit

TIic following Tract in Sullivan County i S. W, frnclional i S. fine. :j, in T. S. NT. of IJ. 11 V.; containing 77 and (! hdlhs. acre?. The above Tract hns a comtortablc hewn Io.t house on it with other out buildings-, nnd about twenty or thirty acres cleared land, with good fences and other improvements. Any person wishing to purchase anv of the above described tracts during the nh sence of tho subscriber, will please call sell and transfer the same. IlKXJAMIX OLNi;V. Vincennes,-:td Jan. l&W 5'J-tf i "'LNDKU.S his professional sen ices to the citizen'' ot incennes and it "s vi- j uhn Ccinity. He may be found at J Clark's Hotel. Vi incennc, Jan. io, I8:i Til-tf SSTOTIOB. Y A S the llarmonv Society have dctenn'Sl inetl to discontinue tlu'ir store at this place, all persons indebted to them will please to call and settle their accounts. ForTKED'K. UAIT, J. D. HAY. Vinrrnnc?, Jan. 8, lSb'3 ;")0tf NSW Vv AKSHOUSE. THE sulsci iher Ins erected at jjrent expense, at the moutli r.f Wabash River, i Large and Spacious WAREHOUSE, where goods stored, will I e perfectly safe, at all stae. of the water. Thoe who mav be ilisrsosfjd to P'troui-e this establishment, rniv ret asi ... ,re'1 lnat ,lu charges for receiving, sto i fvrwardinjr, shall be such as to rtve ccneralsatistacin FETER KOCIIK p.).,, . !TS ! HaUTS ! January 1, ISf! f.r If CiKA wUI r any quantity of clean Linnen c r.rionl j ut the wkstk: sun omce.

Funcardiirr ami Commission

Jlusincss. jakes siarxH, rCRMKBLY of VlNChNM.3, Im. HAS lucatfil hirnsrir in New Orleans, corner of Notre Dame and Com merce Mrcets8, for the purpose ot traits acting the above business, and icspectfullv tenders hi erv ices to his Wabash mem fricnits and other?, who may rest a-sured

'that anv thins; cutr.iMerf to htm shall LelthcLtM.il mn 5-haIl he Kcit on hand. I:

JatU;lKHd to with diligence ai.d fidelity. I , v 0 . ' New La'lcnti, Jan. lr... -l't - ' i:nFFj:Rr.ci:. Chamber?', (iarviti, Co. LvtihrlUc. Tomli U50u it KojsJ Iiirtcli fc Ilcbcrd, Vincntr.cs, l:ul. I). b. bonnrr. ) Wm. Linton, C. Rose. I TV, rirrc-IIav!c. - "7 S. J. Crawford. James Reed, M. Price, J. Houston, c Co. W. Lnou. i Palestine, Hi 1). K. B iker CcntriTlllc. II. & J. DulanvJ , J. Tlichardsori 1 olIf. Feeny Montezuma, Ind. A. Patterson Rock rillc. J. L- Sloail Cnrlntrtn, OCT The Terre-IInt.te. Rorkvillc. and

Lafayette papers, will publish the abosc ils V ,I1""CV . l -n,,n' 12 times, and forward their aceo-mH to! wt two Imiv as rPproniiN to tlm Smith &Car,n.Vi,ro,,r.c Cr,,,,, :ah,,vc "UMnoss: by ol from 12 to Iti

' TAKE NOTICE. THAT I have taken out letters of p.dniilustration on the estate of Joshua Ca-i ven, (late of Posey county,) deed, and that the estate will probably prove insol- . vent, f RUTH CAVKNS, Adm'r. Mt. Vernon , Jan. rJ, 2-ih (Ximlntetvtttov'8 Sale. H"37"If'f he offered at public sale on

V V Mculaij the At'i dttij of Mare!, jaml personal rotate to execution,"" sill th? next, at the otlicc of (iViuvi;' W. liwing, j ri:!it, title and interest, of John Wvaut, r.sq all tho personal etaly tf Dr. Heory j1' in and to tho following described" priDavison, consisting of pcrty, to wit Three hundred and forty A TTCTs Irrvn ;,r"sot l:tKl,beingapartof ItNo..na dl liuvlrcd and sixteen, (110) in the Oid Do-

MEDICISEV, HOOKS, WEAMXG APPAllEL,. Sale to coir.mcncR at 10 o'clock, a in. Terms of yah nine months cietiit on ail ' sums oer tlir'e ooilars. CKOlKii: DAVIS, Adas. l eb. 7, ISM. 2-lt 10031 fiyumcK STORE i Dwelling kouss. on North half of Lot Number Sixteen, bein corner ot Maine and Second Streets, in Mount Vernon. Indiana. To the prenises are attached a Warehouse, s small frame Dwelling and Brick Smokehotrse there is a good cellar under the Store Ivoom. I have various other lots and houses, with 8 V Jlcrcs of Wood Land, about one mile from town, which mav be purchased low, as my health has renderi ed it necessary to decline lnmcis. J Tho-e wishing to purchase w ill make application to the subscriber by the first of i ehruary or March next. ADAM MOITATT. Jan. f, 1S3.1. ) tf SffOTICB hereby given, that application will U be made on the third day of the next j March Term of the Circuit Court of Knox ! County, for the appointment of comrnissioners to divide the real property owned l)y the heirs of Robert S. I'jjyiioWsi ;and inv DAVID S. BONNER. January r,n, is:;i it SlDfmfutotatot ilotfcrI II AVE tnkon out letter? of administration on the estate of Dr. Henry D ivison, (iatn of Knov rounty, Ind.) decM., nil pnsuus baring claims against t!ics;uiie !

j i i ij

arc -lcrrd ,o presont thnn Icy.ily .Ul high, Roman o,is a ror,larVal,l, l,onl,cnto or w.H.,,, ., yc:,r ikclv ,nan, a fim sii, f,f ("ir 1 -d from thisdate.and norons ;,i.t..!.i...l t - i: . ... . 1 Il ur 1 -1

same are rcipiested to make immediate payment The estate i? beJievcJ to be solvent, fjr Kj CEORGE DAVIS, AihnV. Jan. r.l, iit , . . . t NOTICE. riher having rnmmened the ii vrnNc; hijsixes.Sou va ter street, incennes, in tho house formerly owned by Wilson Enow, Hikes thi meth'Ml of informinfj the citizen, and tht, country at lare, that he expects to keep on hand, and f r sal 1 e. a genenu assortment ot I uil 1 1 ATS. which T in u'j liucuui iu nave mace in a iuat ; 'suDs'awiai ami lasnionalc manner. ci? v jriven ir an kincs; 0 l.K. ii ,i r:iri!AiT t vit.iti&..iA Vmeenne, la. March 17, lKW. . f Y TLN A IVIANUr ACTOR Y. V HAVE a i.arok assortment of TIN U'AKK on hand, which I will sell at ' T"",v:"v w ,clJJI tow mru.Mi or rKtiVtVhort nXe" "' - JufiMil,C c, :

IHiW SSTAELISHffiTifcT.

J invrc.Uihd a 1U.ACK S MITH vrfr 1 tcund Sfrve. r.i-sr 3 tiftt. !-a?sclle Taiw vern. v.heic I hi:Il 1 c y!ad to receive 'tl.c patronage of the public in t!i; al business. I have, aid at all times will Kt p, llir; l-ct ot workmen, and none ttit will Ik; to the inters! X all person "ctli:j r v.ork dene to jrive a c.:J!,as I have a Lir-r I .:;;- f ino ad xti:i:l X u Foils, suitable for all kinds of work. -mi ' T hand, and having made an armngem'-nt at lxMiisvillc to keep up a regular supply. There is on hand A great variety of Plough: And I shall keep at all times ail article-; usually rrrMie u?e of by our farming population. Will be kept on han 1 at all linx, by t!r; dozen or sinIi one, the I .est of CAST STEEL JMZES, nnd many other articles. Farmers will tfnd it to their interest tu ;e their wor!; done at my shop, cs I am jitiill ihev can pay for their nork vwVv and hsvc it don cheaper than at arsv odiershoj, in th-; juaee. nviii guc wnu i.ir cnl at ali i ,iKW'ani1 -ecetve in payment wiiere there will be taken. JOHN C. CLARK. Fobniary, lSTW 1-jf SliexaTs Salt "JDY virtue of two execution tomsdi, 22 rcctcil from the Clerics otliec of the Knox Circuit Court, I will oIk t at poUu.sale before the court house door at Yineeune?,on S.iturd.iy the second dav of March ensuing briweeri the huurs iX 10 o'clock a. m. and 1 p. m. ai;re.MhIc to tin? I bird section of the law

tihicctinw nTil s-

nation iriven un as the !iroi?rfv . U van! iti favour of llevnoiud'& Domier and Martin Miiev. JOHN PURCELL, S. K. C. Fc'.. S, ls:: - .t DR. JOSEPH jpNlTijRS to the people of Vincennea practice of MEUICJXR, SUKGERY and OBSTETRICS. He resides m iho house formerly ticcupicd by the late C. tiraeter, where he may be" fund at all times, save when out on profcfeiioiul Lusine. Vii:cenne, Jan. 1S.13 ltf

Fifty Barrels of Kenaivha Just received -mr sale on cwmruiioirCy m SMITH &. CAllSON. Jan. ISotJ. -ID-tf PUBLIC NOTICE! t!ie spring of 182!, r S tho W. iL living articles were left in Vincenne aud have not since been called for, viz--, f one small sack of COFFER a TUUNIC j k lashed round with an old sttrofast, and r-i bag, containing sundry articles Thowner can get them by appJvin at th,; Western Sun nfliv, pn'ving fo'r this advepl tiscment, and proving his prrper:y. Kana-.vav from the subscril.-s, from r; n boa rd the stea rnWt A o n t b n

miles below Shawneetow n, on the eveaiuof the Kith instant, Four Kctrrn MTp?j BOB. a yellow man, a-red aho?if .1.", ; bbout live feet eight inches UUy toler.t,aly stout built; hud on a blu coat an l lur liat; no other marks perceivable a mulatto man, aged about ou j:i(:Ks0n Coai wjlil , f , eis. and a fur hat. CHILCS a hrge black mm, about twenty -st'vcn Years of ago, five-fre. even inches high; "he is a hUck-mith by trade a very likely man he his rather a down lo,k when looked in t! fare he had on a filled liney roundaiKuit pahtaIvn. I think gray", though not certain. HENRY i a brown bljek, abou t'.venty-oneor two years ,f age, aixMit five fret eiglit inches hiah; had mfa drib f.lled Itnsev coat, Velais ves, aral far hit; ht? is a very intelligont fellow , ami Ins been raided a house servant; hi eyes are a little sunk in bis bead. I expect they will make f r s.-rn? t.-va . 1,1 J s 'v nave an luvn accustomj ei to country towns. n will rriVf tht . - - nUm ami seciirm ? said Nevrues in am- ii c.. j n w . J ill it v.-e iret thfni again, or one hundred do! t iars i ir eiinvr . Letters addressed to Wuodville. Missif.fippi, will secure protn-.t attention. lillANCH JDRhW, EE.NJ. II. LEUB. 41 tf .v:njh

iJlaufco for Clltnote 0:r hand uui f)c u!e this Orf!r3.