Western Times, Volume 2, Number 19, Richmond, Wayne County, 16 January 1830 — Page 2

Mr, BOON moved to *lay the resolution on the table* which did not prevail. The question was tqfken on the adoption of.the resolution, |and the ayes arid does being demanded, Were as follows: Ayes —Mestf, 4rnn.tron:r, Dennl, BelJ, Bence, B >'on. Brown, Catey, CJoiiin, (Conner, Crume, Diitii of '.t., Davis of S. Dixon, Dumont* Evans, Finley, Gardner, Onion, Hall* Hamilton, Herod, Hoover, Howk, Hussey, Jack, Jackson of D., Johnston of T. Jones, Ketcham. Kingsbury, Kinnard, Leviston, Long, McNary, Morrison, Moyer, Noble, Parks, Pollock, R.eily, Slaughter, Smith, Stewart, Wallace of F., amd Smiley, (Sneaker.) —46. Noe's--Messrs. Bassett, Blake, Fite, Hchdricks, Hillft, juckson of S. y ohnslon of K. Levenworth, Little, Pubody, Pennington, Polke, Read, and Wallace of j.—l 4. , Messrs. Hoover,Evans, Dumont,Kinnard, Wallace of F. and Howk, were appointed said committe. Wednesday, Dec. 23. A number of bills were presented, among which was one by Mr. Hoover, from the committee on elections, to amend the act regulating General Elections, - . -- On motion of Mjr. LONG, Resolved t That the military committee be instructed to inquire into the expediency of so amending the militia laW as to take from sheriffs the collection of militia fines, as well as those as leased on persons conscientiously scrupulous of bearing arms, and make it the duty of the officers composing the courts of assessment, to appoint one 6r more persons in each regiment to coHect the same. Bills read a third time and passed—>tb provide for a more certain return of votes for governor and lieutenant governor-*- repealing the act respecting certain public property in the couhty of Spencer, approved Jan. 14th, 1824—t0 amend the act entitled “an act to establish a state library, approved Feb, 4th, 1825”—t0 establish a state Toad from Middletop, in Shelby county, via Mos cow, in Rush county, to intersect the Brookville state road art or near Erasmus Aldridge’s mill. Joint resoTultontpaxsed —relative to*he Cumberland road—on the Subject of graduating the price of public lands and donating the refuse to actual settlers. \ Tttursdat, Dec. 24. Mr. RARIDEN, from the ju■diciary committee, to whom had been referred a resolution requesting.an inquiry into the expediency bf making some reciprocal pr~visiohs with the adjoining states, by which witnesses in the prosecution of criminal causes may be compelled to attend from adjoining States upon being served With process, reported that the committee were of opinion that, however desirable rangements might be, yet no such arrangement could be made without an entire amalgamation of jurisdiction of all the states in this particular, and by giving each state (in coercing the attendance of a jurisdiction coextensive with the United States, which would be a greater evil than one proposed to be remedied’ in which report the House concurred. Mr. RARIDEN, also, from the same committee, to whom had been referred a resolution requesting them to Inquire into the expediency of repealing * * —of lllfcunt Cm ■ !>>■ ■ tiod of Congressional districits, and for the election of Senators and Representatives io Congress, approved, January 19, 1829, reported that the committee deemed the repeal of said sectioo inexpedient. [The section of the act proposed to be repealed, postponed the election of Representatives to the 22d Congress till the first Monday in Augtst 1831.] Mr. Smith moved to lay the report on the table, which motion was decided(Q the negative. IN SENATE. Saturday Dec. 26. Mr. STEVENS, chairman of the committee on the judiciary, to whom Was referred so much of the governor’s message as relates to the Indian tribes within the jurisdiction of this state, and the right of the state to extend over those tribes the operation of her laws, reported,* “That the committee had considered the said subject referred to them, with much attention and deliberation. The committee frankly acknowledge that they have found the question proposed to them, on the subject matter of inquiry, a vexatious one, mid one that admits of some diversity of opinion, so far as policy and humanity are concerned, but, as it regards the rights of the state, as a free and independent soverignty, there can be no wellfounded difference of o pinion* The position taken by the commit tee, may at first appear of at least doubtful policy, but they heHeve that tiieyaresupported, tiotTmiy by tho law of nations, and the undisputed rights of independent sovereignties, bat also by * Oar opinion of th# principles advanced by thiv report, may be understood from our remark* •n the ame subject, on the first page of ibis papwwJws. Times . *,

the purest principles of polic/ and bur inanity. Free and independent sovereignty, has4he exclusive right within its limits •and jurisdiction, to use the country for the supply of its necessaries, and to derive from it such advantages as it may be capable of yielditig. It has an abso lute right to supreme command, and to direct and control what ought to bp done. It dispenses justice, exacts allegiance, extends protection, takes cognizance of all crimes committed, and is The final arbiter of all differences that may arise throughout the whole extent of its territory. And all persons, within its limits, are subject to its authority and laws, whether they be citizens, or permanent resident strangers, or mere trav ellers, and it exercises control, not only over their property, but in every thing that relates to the common welfare. Citizens and • permanent resident strangers and their property is bound, not only, to aid and support, but also to defend the sovereignty within whose ju risdiction they may reside such sovereignty is bound to protect them, in their rights, persons and property. Even a travelling stranger is bound by the general and police laws of the sovereignty through which he travels, so far A they relate to the maintenance of good Order, and the rights of individuals, and is liable to be punished for a breach of them. Indiana being an undisputed and acknowledged free, independent and sov ereign state, the committee believe that the laws of nations, rights of sovereignty, sound policy, and the principles of humanity, require that the laws of the state, should be the rule of civil conduct, throughout the limits and jurisdiction thereof, and that all manner of persons resident therCln should be subject thereto, bod be bound, not only to aid and support, but alsolo defend the same 1 ; and that in return, those persons should be protected in their'individual liber ties, rights, persons, and property. The committee believe these positions lo be well founded, and that as general principles, they are incontrovertible,but that in the application thereof to the In dian tribes, policy requires, that dtie caution should be. used—that the measures adopted should be mild, and pro-. gressive in their operation—that those Indians should first haVe due notice, that, unless ttiey remove without our limits, within a certain given time, operation of olirllaws will be extended over them,-and they and (heir property be held subject thereto, either as citizens, or as permanent resident sjrangers. "In accordance With the foregoing premises, the committee submit a joint resolution, relative to the Indian tribes within the st-He.” Resolutions adopted— on motion of Mr. Clay Toon, instructing the judiciary committee to inquire into the expediency of authorizing justices of the peac e to issue a capias ad salisfaciendom in the first instance, without the delay and •expense necessary to obtain a return of no property found, upon a fieri facias, giving to such writ of capias ad satisfac iendum, the operation of a fi. fa. so as to avthonze a levy and sale of goods'and chatties if they be foUnd--also to inquire principals to the collection of .costs in Criminal cases. On motibii of Mr. GREGORY, instructing the committee on the judiciary to inquire into the expediency of punishing the retailing of spirituous-li-quors to Indians, Bills Sire, submitted— by Mr. ClayFooi,, a bill more effectualiy to provide for the sale of echool sections in certain counties. Tuesday, Dec. 20. Mr. LOMAX introduced a bill for the sale of the school lands in Wayne county, and the management of the funds arising thelefrom. Several bills were introduced by Senators, and reported by committees. Jan. 2, 1830. On motion of Mr. WORTH, directing the committee on the Affairs ot Indianapolis to inquire into the expedi ency of ordering a sale of the lands of the state adjoining the town of Indianapolis. Mr. CLAYPOOL submitted a bill to improve the navigation of White Water river and its branches. HOUSE OF REPRESENTATIVES. Monday, Dec. 28, House met pursuant to adjournment, and again resolved itself into committee of the whole, on the joint resolution rat ifying the compact with Ohio. Mr. RAIiIDEN moved to strike out the joint resolution, and insert the following in lieu of it. W hf.reas the people of Indiana contemplate the project of connecting the waters of the Wahaih'Jtnd by a canal, with mingled feelings of Boficitude and apprehension; reflecting that, however glorious the consummation bf such a work may prospectively appear to its enamoured ad-

vocatee, yet belitfing that wisdom and sound policy {oibid the slate of Indianaembar||inßi6r whole fortunes in so hazardous aj eiiterprize, until sheis in poss.esionkf other means for its compietionVmoiljic simple and ordinary power of imposing heavy taxes and obtainiti& Mull; which eventually must be refunded by taxation —j .therefore, | Resolved , TMI the state of Indiana will not j to the compact entered into between the! Coiuiui*iouer* of Indiana and Ohio, relative to : the subject natter of such compact, o far a* the same pledger the faith of this'slijte for the completion'of said canal. Tueshay, Dec. 29. Mr. RARIDEN, froth the Judiciary committee, to whompad been referred the petition of Uriqli Grover, exhibiting charges nnd proving an impeachment of William Ifoggatt, clerk of the Orange circuit court; made a repot t against the impeachment of said Hoggatt; in which report the House concurred. Mr. RARIDEN, having obtained leave, presented a bill to amend the act relative to crimes and punishments. -.-[This bill provides that the jury, in cases of petit larceny, are authorized, at their discretion, to inflict any number of stripes, ndt exceeding thirtynine.] 1 • ' Dec. 30. The House agdli resolved itself into committee of the wide, on the engrossed joint resolution tom the Senate, ratifying, with one fundamental condition, the compact enteral into between the Commissioners of lidiana and Ohio on the sbject of the Vabash and Erie canal. TheCommiiee was addressed in favQbr of the ratifuation by Messrs. Evans, M’Nary, and Blake; and by Mr. Rariden against it. The committee rose* before Mr. Blake had concluded his remarks, i l <*!■ . Jan. 1, 1830. On motion of Mr. LONG, Resolved\ That a select committee be appointed to inquire into the expedien cy of appropriating ori the state road from Centreville in Wayne county to New Castle Henry county, or on some other road, all the money that has been appropriated on the state road from the Ohio line to Indianapolis by way of Richmond and Centreville, and not ex pended on said road. Messrs. Long, Kinnard, Conner, Crume, Leviston, Brown and Hoover, were appointed that committee. Jaw. t. . SUNDAY MAILS. Mr. HOOVER, frum the select committee to whith had beer, referred a resolution of this House, instructing them to draft and report to this Home a memorial to the Congress of the United States, againa the Stoppage of the mail on Sunday, reported the following memorial: * The memoriaUf the General Assembly of the state of Indiana respectfully , represents, that we view all attempts to introduce sertarfm influence into the f councils of tho lafion as a violation of both the letter mil the spirit of the Con stitationof the LX.it* and Slates and of this , state, and, at thesame time, dangerous I to our civil and eiigious liberties, inas . much as those carters secure to every , man the free of his religion and \ the.right to woriNp Almighty God ac cording to the dictates of his own conscience, end inasmuch as any legislative interference inipatters of religion would r be an infraction of those rights—and whereas it does appear to this General Assembly that there is a numerous sect of Christians, spread oVer every part of our country, acting in concert, and united under one head, calculated to ex cite alarm; for,| although it may be intended for good; yet the history of all ages and nations furnishes abundat evidence thft legislative interference, however plauisble the pretence, has uniformly been dangerous and mischievous, both to the civij and religious liberties >f the people, ajid the entering wedge of tyranny. Being convinced of the correctness of these views, and believing it to be h duty faithfully and Vigilantly to guard the rights and principles acquired for us by the wisdom and bravery of our fathers,and to transmit them, as far as lies in our power, unimpaired to our children—we therefore most respectfully remonstrate against any attempt, by a combination of one or more sects, to alter the laws providing for the transportation of the mail, and against the passage of any law to regulate or enforce the observance of religious duties, or which may interfere with belongs to the conscience of each individual. That all legislative interference in matters of religion is contrary to the genius of- Christianity, and that there are no doctriitii or observances, 'incel i ated by the Christian religion, which' re-* qdKrq the aiw of. crvil power dither to enfbnewer sustain fhecri; that 1 we considI er chuncK f t>d state at all times dhngerous to civil 1 . and religious liberty, and more especial- - ly so in the present deplorable sectarian • condition of the Christian world—and farther, that we cordially agree to, a&d m’ if

approve of, the able report of the Hon. R. M. Johnson, adopted by the Senate of the United States at its last session upon the petitions for prohibiting the transportation bf thq mail on Sunday. And, while we protest, in the most solemn manner, against every attempt to enforce, by legislative interference, the observance of any particular day, yet we believe that both the spiritual and temporal interest of mankind is promoted by seting apart one day in the week for the purpose of rest, religious instruction, and the worship of God. Resolved , That His Excellency the Governor be requested to transmit a copy of the foregoing memorial to each of our Senators and Representatives in Congress, and to the President of the United States, and to the Speaker of the House of Representatives. Mr. JOHNSON of K., moved to reject said memorial. On this motion considerable debate took place, a part of which only was heard by the reporter. Mr. CRUME contended that she legislature had the right to legislate on this subject; but, said he, let that be as it may, we are now bound, it is before us, to acf on it in some way. He said that petitions were circulating through every part of the country on that subject. They Were circulating through this state as well as elsewhere. If nothing should be done on the other side of the question, it would be taken for granted that (his state is in favour of stopping the mail on Sunday; and, as there could be no better way of ascertaining the sense of the people than through their Representatives, he thou’t it proper and necessary that this legisia ture should, by memorial, proclaim the voice of the people on this matter. He thought religiobs people were sufficient ly protected by the Constitution; and a large majority ofjhenf are satisfied with the protection afforded them by it. . A few leading members only were urging this measure. It had been insinuated that those Who oppose the rejection of this memoiial had set their faces against religious denominations. He disavowed such an intention on his part. He had held out the hand of liberality to all denominations, nor would he Wish to throw any obstacle in the way of any 01, themT The inofidh to reject Was lost. Indianapolis. Jnn. 2, 1830. In the Senate a number of bills bare passed making appropriations ot small portions of the three per cent, fund for the laying off, opening and repairing roads chiefly in the counties organized since 1821; among which is the appropriating 300 dollars to make across Fall, creek at the crossirlg of the Craw;foi'dsvilfe and Layfaytette roads. The appropriation is to be expended upon the condition of the county of Marion appropriating a like sum to ti e same purpose. A bill is before the Seiiafe incorporating % company to make a turnpike road from the Falls of Ohio to Vincennes. Another tyll is in progress placing streams under the control of the county authorities to be established, opened, improved, and kept (n repair on the same principles as roads are now established , Opened, 4c. The provisions of this bill, if we rightly understand it, will lead to important results, should it become a law. We hope the same in regard to the bill incorporating a company to make a turnpike from the Falls of Ohio to Vincennes. The Michigan road bill has finally passed the Senate, an*! is taken by way of Greensburgh to Madison. A bill is before the Senate, restoring the system of transacting county business by a board of commissioners- Propositions have been brought forward in the Senate, by way of resolution and amendments proposed to such resolution, to vest the funds, arising from school, canal, and university lands, and from the salt lick reservations, in.the state treasury as a loan office, or in a state bank; in each shape the proposition has fajlied. In the House, the question of the ratification of the compact entered into between the commissioners of this state and nf the state of Ohio, on the subject of the Wabash and Erie canal, has not yet been determin ed. On Thursday, the House again went into committee of the whole on the joint resolution from the Senate, ratify ing the compact with one fundamental condition, the question being, as mentioned in our last on the adoption of Mr. Raridon’s substitute refusing to ratify the compact. The committee was addressed by Mr. Evans, Mr. McNary, and Mr. Blake against the amendment and in favor of the ratification: and by Mr. Rarideiion she other side of the question. Mr. Brake, taking a very comprehensive view of the subject, and re-. plying to the variousamiments which had been advanced by Mr. Howk and Mr. Rariden, had not time to conclude his remarks, when the committee rose aud obtained leave to sit again. The question has not been taken up since —We omitted, in our last summary, to mention Mr. Johnston of Knox, among those who had spoken in fa' vor of the ratification of the compact. A memorial waiintroduced on Satutday by Mr. Hoover, pray ing that congress might not stop the passage of the mail on Sunday . This subject, on a motion to reject the memorial, elicited considerable discusion;and the motion-to reject was negativ-

ed by a large majority. Those who opposed the memorial thought it a matter with which the state legislatures should not interfere—that it was an extraordinary act of legislation which bad not beep called for by the that it waSf x matter for congress to settle, the petitions of the people on that sntject being, vgry properly directed to that body. memorial was supported on the ground (among others)that attempts were making throughout the Union to effect the object against which the memorial protests, and that if was important therefore that the people of this state should express, through their representatives, their dissent to the preposition . The House has not yet acted on the Michigan road question. A petition was presented on Saturday, for the impeachment of a justice of the peace in Orange county, and has been referred to the committee on the judiciary. It was determined inexpedient to present articles of impeachment against the clerk of Orange county, and Caleb Newman a justice of the peace ofFloyd county.— lndiana Journal, 1 Jan. 7. In the Senate, the committee on Elections have reported unfavorably to the suggestions in the governor’s message on the subject of contested elections. The committee on Military Affairs have also reported unfavorably to the adoption of the radical change in the organization of the militia, recommended by thegovemor in his message. Mr. Linton haa again brought forward, in a modified shape, his' proposition for funding the avails of the University, Salt Lick, Canal, and Michingan Road Lands, and the 3 per cent. fund. A memorial praying congress to graduate the pride of public lands, has been rejected, A proposition to exempt mechanics’ tools from execution, has failed. In the House of Representatives, for th* last three or four days, the location of the Michigan road was the leading question. The bill as it came down from the Senate established the read to Madison by Way of Greensburgh. It was taken up on Monday, and occupied a portion of each succeeding day till yesterday, when it was finally settled. The ayes and noes were' taken on a* variety of propositions. These, as far as our proceedings extend, will be found in their proper place in this paper; and the remainder will be given next week. On Tuesday, this House passed the bill, by a vote of 41 to 20, making Evansville the terminating point, and sent it to the Senate for their concurrence. On yes-' . terday, the Senate sent it back With information of their refusal to 'concur. A 'motion was immediately made.that the House should recede from the amendments madto tq the bill, which motion prevailed, ayes 32, noes 29. [all the members from Wayne voting in the affirmative.] The bill has therefore passed both , Houses fixing the road to Madison by way of Greensburgh, and only awaits the signature of the Governor to become a ling/ ot the land. That tf adl should be pleased with the location, or that'any point could have been selected which would have satisfied every body, could not. be expected; but that a great majority of the community will be gratified to learn that this distracting question is finally can be no doubt. A bill has been submitted providing an'asylum for the poor in each congressional district, and a resolution, direct-■ ing an inquiry iqto the expediency of es-, tablishing a state bank in Indianapolis with three or four branches at other jplaces has been introduced. In consequence of the death of the Hon, DANIEL C. LANE; both Houses adjourned from Wednesday noon till this afternoon at 2 o’clock. lb, DEBATE. REMARKS of Mr.Rariden, in committee of the whole, on his amendment to the resolution, ratifying the compact with Ohio. Mr. RARIDEN* in reply to Messrs. Blake, Wallace and Evans, said' —lt has been tty fortune, whether good or ill, to see this subject in a different light from that in which it haa been viewed some other gentlemen; and it has been my folly to express those views, honestly and candidly, as thought: tlierq was really neither danger or dis*. grace in differing with gentlemen. Sir* prudence, in the expression of my political opinions, is a kind of virtue I*nfri ver could boast of. I am not a proficient in modern political philosophy; and I am now too old a sinner to be taught new morals in that science. 1 hope* therefore, that gentlemen will allow me to indulge in <old habits—that of doing what 1 suppose to be my duty, without any special regard to their feelings on the subject. Then* sir; with this apology for my stubbornness, (for those gentlemen of knowledge will give it no other name) permit me to approach this subject. The gentleman from Franklin commenced by a broad assertion, that the ratification of this compact with 0* hio, would not pledge the faith of this state to go on and complete this*canal> Here we are at issue. I contend it does pledge the faith of the state, as effectually and absolutely as it is possible to pledge its faith. The fourth article reads—“ 4. It ie furthermore agreed and stipulated by and between the parties aforesaid, thsl the state of Indiana shall complete that part of said canal, which shall he within the limits of said state, within fifteen