iff
trl
LIBERTY
-THE CONSTITIXTIOX .UiaOX.
NEWBERit SAT
MAY 29, 1830,
Ml
NO. 633
I 21fm
7
1
.PRINTED BY
J 0 S1AH ME LTIX, J R
FOR ' . ;. !M
r - . - f I , h 3 I
iEDIOR & jROPRIET(R.j j- ;!!j :j
IBIT AUTHOHIT Y.)
AWS OF! ;THE UNITED STATES.
. Raised at the 4rst session of the twentyfirst Congress.
Al ACT for further extending the powers
of he Judger8 of the Superi r Court o
trie Territory of Arkansas, u ider the act
' elf the twenty-siith day of May, one
thousand eight hundred and twenty-four,
n4 for other purposes. ;;.fiU ;
Be it enacted by the Senate and House
of Representatives of the Unite i States of
America in Congress assembled, That the
act. aDDroved on the "twenty -sixth day of
May , one thousand eight hundred and t wen
ty-four, entitled An act' to en able claim
ants to lands within 'the limits of thejState
of- Missouri and. (Territory of Arkansas,
to msiitiite proceedings to try the validity
of iheir ctaimsj shall be, and hereby is,
continued in force, so far as the said act re
lates to the claims within th .Territory of
Arkansas; untili the first day of July, one
thousand eight hundred and thirty-one, for
the purpose of enabling the Coufl j ii Vr
kansas, having cognizance of claims under
the said act, to proceed by bills of review
fitetlj or to be filed, in the said Court, on
the nart of the United States, for the our
pose.of revising all or anyof the! decrees of
the saia vouri, in cases, wne rep it snail
appear to the said Court, or be alleged
in such bills of review, that the jurisdiction
of the same was assumed, in any -case on
. any forged var rant, concession, grant, order
of survey, or other evidence of title, is a
fcirger it shall be ia ?ul, and ihej saM
' Court is hereby authorized to. .proceed, iy
further! order, and decree, to reverse! ami
annul any pnor decree or adjudication upon
Boch claim ; and thereupon, such! prior de
cree or adjudication shall be deemed; ami
held in all places whatever, to be null anW
Void to all intents and purposes. And th
said Court shall proceed on l such bills of
ceviewby such rules of practice ind regu
lation as they may adopt, for the -xecutiou
of the powers vested or confirmed in them
by this act. y -'j - Ti -. .; . i Ml '
-. SecJ 2. And be it further enacted, That
do entries of land in any of the laid office
in A t kansas, under any of the provisions oi
the vsatd act, shall: be made, until t ie further
direction of ConressU j T !'
Sec. S Andbe tt further enacted, That
iho patent shall be issued for lards under
. any decree of the said Court, in any case
, In which the, original warrant, concession,
'grantor order of survey, has been! with
drawn from the files ot the said Court, un
less the person! or persons clainiing such
, patent shall first produce and dtposite, in
'the office of the Commissioner of the Gen
eral Land Office the original' warrant, coiv
cession, grant, or order of, survey, on whic
tuch decree was (ounded, and on which the
- gaid Court took jurisdiction under the saift
art; atid no patent shall be issued until the
fu trir orjder, of Congress, in any: case, un
der the said act, juntil it shall satisfactorily
appeal1 to the Coramissioner of the General
": Land Office that' the j warrant, concession,
granti or order of survey, on. which anv
lands are claimed, under any decree of the
isaid Court, was in fact, made or, issued by
or under the authority of the person or per
sons, purportitig to have made or issued the
same, or unless the said warrant,conc-ssion,
grant, or order' o! survey, shll have beets
determined by tht said Court, on jhe hear
iag of i bill of review to b- genuine, j if;
iJC. 4. And be ii further enacted, -Tha
lio eniryj surve, or patent, Shalp at any
time hereafter, be rtade or issued under
the: aid act. excebt in the name of the ori-
Bat party , to any - such decree, ana on
ooilfu th satisfaction of the-'officers, res-
etil? -that! the nartv aDnlving is sucii
original pahy, or is duly authorized by spqh
original party; or his heirs, to make, re
ceive, or require. such entry, patent; br sur
vey.: : . . t MM ( . ;
; Sec 5 J And be tt further enacted. That
ln alt .tjasel id 3hicK jtjrre saidCobr shaj
j by decree , or t adjudication, under this act,
. rev tew and annul any prior deqre or adju:
dicaiQ')herein ah-ldji.wicii. my. have
: been .heretofore enjered, - under, any such
v prior decree or audicatioj.pha!,!;theai
' ief, bt subject to sali or! entry pthr pub
lic.lands of the, United States may. be. ! j;
t SSe'4' &,ftToe. Ulfhefmdgedi THat
- the President of the United States is hereby
Buthorized to, employ j!-on behalf of the U.
; States, such' counsel, on their part,' in! the
Territory of Arkansas, pr elsewhere, to bfe
associated for that purpose with the: District
Attorney of the saoap Territory, as hie inky
deeai th jnterests thf United States may
xequirii lh' the prosecutioor Of -tuch bills $i
review before the sa
4 Courtt
Hit
Th
a,
in all case
he party against
iMuuicm uctrcr ui ine saiu i;oort ma
be finally aiven, shall be entitled Jo an ap
peal with j) one year, from the time of its
rendition, Jo the Supreme Coorf.of the Uni
ed States which Court shall have power t
review thj decision of the Court below,
both on the law. and the facts; and thf
Court iii Arkansas be, and the same is
hereby, Required to spread (upon the record
the; We testimony rtogciher with the rea
sons for their decision in each case, and u
transmit to the Supreme Court of the Uni
tea states ine same, together with the ori
ginai warrant, concession
, grant order ot
survey, or other evidence o
title.
Sec. 8. And be it further enacted. That
each of the Judges of the Superior Court of
the Territory of Arkansas! shall while in
the discharge of their duties imposed by
this act, be allowed at the rate of eight hun
dredidollars per aonsm, in Addition to their
salary as Judges of the Superior Court tor
he Territory, of Arkansas, which shall be
in full for their services, to be paid out of
Miy money irkf the treasury not otherwise
appropriated, j
ANDREW STEVENSON,
Speaker of the House of Representatives.
JOHN C. C ALHOUN, i
Vice President of the United States and
President of the Seriate. !
Approved, u 8, 130. j
ANDREW JACKSON.
AN ACTsuppfemntak to
44 An act to authorize the
he act, entitled
citizens of th-
lerntory of Arkansas and Florida m
elect their officers, and for other puroo
ses.
Be it enacted bu the Senate and Hnusp
if Representatives of the United States of
yimenca in congress assembled, That in
case any vacancy has occurred, or shutl
hecur in any office to which any person has
heen, or shall be elected by the citizens f
Arkansas, Under the, provisions of the act
o which this is a supplement, either bv a
refusal to except the same, oi by death, re
signation, or otherwise, the Governor of th
4aid Territory is hereby! authorized and re
quired to supply such vacancy, until the
?iext geoeral elecuoa AjiU -
caiy shell occur, in the offices of Justice of
the Peace, Auditor, or Treasury for-the
snid Territory, either by a refusal to accept
tne same, or by death, resignation or other
y ie, the Governor thereof is hereby autho
i zed and required to supply such yacancv.
until the nest meeting jol the Legislature.
A proved. Ma 8. 1830 I . !
CQNGrRE feSION Ali,
i i
'A
HOUSE dF R hi 1 tt fci S K IS T A Tl V E 5.
March 23.
Extract from Philip P Barbour's Speech
on the bill to construct a rohd frpm Buf
falo, N. York, through Washington citu,
to ISew Ur leans y Louisiana.
41 1 come
, iu oimiiiici BCI IUU3 UUIC
lion ; I mean the inequality in the idistribu
tion of our favors. The theory of our con
stitution undeniably is, thai the Contribu
tions of the a People of the ynitefl State
should, as hearlv as nossible. be eaual-.
j Thus it is provided that direct tajses shall
oe apporiiuneu muuiig ine several oiaiejt,
rlccurding to their. population ; that duties,
imposts, and excises, shall be uniform
throughout the United States ; and that no
preference shall be given by any regulation
f commerce, to the ports of one State ogei;
those of another; but of what avail is if, y
secure equality in contribution, or toj attempt
to secure it, if themoment the contribution
is made, the wholeefecl may be instanfly
destroyed by gross lineejualit An makintr
nppropriaiions ? This idea may he forcibly
illustrated by a familiar example, drait
tiom common life, i i Suppose,! sir, you and
myself being about to embark in a common
enterprise, each wih great accuracy contn
btite precisely upon sums, and the very mo
rnent the fund was thus formed, you were a
liberty to apply the! whole amount to your
own use would it not be mockery in such
a lease, to talk of any svbttantial equality ?
In the execution of this system it will be in
the power of this Government, at its plea
sure or caprice, to increase the wealth 'oi
one portion of the Union, and to diminish
hat of another, without any jrestraint whai
ever.'. Let me suppose a case or : two. Sup
pose the Cumberland Road had been ex
tended to Baltimore, no bne will! deny that
the commerce of that city wouldjhaye beeo
benefitte,d of this, Maryland seems to haye
been aware, because she has constructed a
turnpike from Cumberland to Baltimore,
but if, on the contrary, that road had been
conducted, from some point on the Ohro t.
Pniiidelphiaj then ihat city would have rt
Ceived the advantage ; and thus the one or
jhe other city mighl be increased in prospe
rity jatf the expense lof the other, just as jjje
one or the other direction might be given ti
i ne road. ill put stiii . stronger case i
Suppose New Yorkj bad rwt been able, with
her.pwn means, tojekecutc hr great Er-
Canal, and that State and. Louisiana hai
both applied to this Government, tor did a
the latne time; thel one ltd have made ttu
Erie Canal; so aty connect that
the city of New the other
Lake it"
o improve
bee. J. Und be it further enacted,
the! Mississippi and all its tributary streams;
is it not pbvioUs, that, according as we had
executed the one or the other project, we
should have bailt up the city of Orleans ot
the one band, or that of New York on tb
othjrjhand ? Sir, from these examples, ii
is impossible not to see, that the relative
wealth and im 3 rfance of the difiVtent por
tions ol the Union might be made to depe '
upo
ti the favor which they might respec
live
oue
pos
is n
y hnd her. Air. Lhatrman, our reve
being raised almost exclusively- by im
s, the attention of .the people at larg
)t drawn so closelv to it. To test th.-
justice and policy of tfiis system, I appea:
to geptlemen to say, whether they, woul.i
veiHur? ifr. imP9se a direct tax to the amount
of millions, and then aoolv the nmrPcHt rv
the impravement of particular parts of the
country I Undertake to answer no; nf
let me, tell theni, that if they ere to try th
experiment, ine people would soon arre
3
hem in their course. We sometimes he
it said, that as the United States are onr
great whole, w latever benefits one of thv
pans a ben-fit 'o the whole. Tfhis, sir 1
acKnowieage, if too lolly a magnanimity.
too expansive a
patriotism, lor me to p -
fend
to. n bay rthat you will, reason as io
will
as long as man is man; the States an
i tie peopie or ine
States will never "fnet
; they will never cdhseii
weir; individual tv
hdt (heiruits of their labor shall go lo en
rch( others. fit ma toot tha nr:..i;i.l. h
a case
, , i -r r T -J
1 suppiose, thai some five hr six
Would nrnhahlv imnrvt ill tk
millions
i ..portant riveri in Vginia. I cl up
the iheqibers frb'm Massachusetts to sa .
whether
they Would timpose a direct tx
upon;
their constituents to effect this obici?
If they would ndt,and I arnure tftev bavV
too much candor j to say that thfy woulo.
then this high m hded disinterestedness will
lo we" " f,oinl a moral or adorn a tale,"
but will not do f r practical life.
Nor, Mr. Chairman, is the objection on
account of inequ ility at ail obviated, by the
common remarkJ that our resources are to
be applied to national ohiecti. Natinnar
objects! Wherj is the criterion by which
we are. to decide ? , What ci.ms opto this
standard, and what does nut ? We have
none but the opinions of members here :
uu wuenever tlif question comes to be .ie
Clded, rest asut--arfc--xrir" itiuivjuuerr
metbr! will think that the Droiect which
he presents has the stamp of nationality '
.. !.l ill 7
And what, sii"
w
be the necessary result
n practice ? I make now, no invidious
distinctions between North and South, Eant
and West ; we are all men, and have all the
Velings and passions of men. Many pro
jecs jWill jle presented at a given session ;
(tie disposable funds will not be adequate to
the completion of them all. Then wiilcom
" the tug jot war "! and the struggle who
shall succeed, auc who must be disappoint
ed. No one or two of the objects can b
carried by themselves, but must get their
assport by the company which they are in.
Sir, the: inevitable result will h, combine
nous and arrangements, so as. lo unite -i
sufficient force to Carry through a number
oi different objec sj neither by its own in.
tnnsic weight, btt by all the; united weight
of all. 1 This will generate feuds and hear)-
burnings in those who aie defeated. It will
it must be so, or it is not in human na
ture, tor either States or individuals, without
murmuring or di: content, to stand by and
see a tund divi led, in which they have a
common interest and of which they are no
tllowei to .parti :ipate. They will never
be satisfied by telling them, that their ob
jects were; not national, whilst Jhe other-?
were. ; They will j think otherwise ; and
they will tell the participators in the spoil,
that they had decided the quesfton of na
tionality in their Awn case,1 and then enjoy
ed; the fruits of that decision.
Mr. Chairman, I am no apostle of disu
nion. I look to tie .confederacy of thesp
States as to the art of our political salvation.
May God grant tl at it may be perpetual.'
Sir, I go farther,, tind say, that I come not
here with any language of menace; but as
(he representative of a portion of the people
ol this Country, I tave a right to use the
language of expostulation. In that lan
guage, then, sir, let riie warn 'this Commit
tee, thatj there arei already, points of differ
ence amongst the States of the Uniohy
rt.ough to inspire us all with a spirit of mo
deration! and forbearance. A minority, it is
true, but a large minority of the people,
haye calmly protested againsi some of the
leading' principles of: policy of this Govern
ment: Virginia, S.jCarolina, Georgia, Ala
bama, and Mississippi, all tell you that they,
feel themselves to bet oppressed Will you
tur a deaf ear to their complaints? Will
you pay no respect tp the opinionof a larg
and respectable portion of the community ?
S iU you, becaa te you are a majority, feel
power andiorget right What more could
iie veriest despot do ? Sir, the machine oi
Government may, for a time,; be propelled
by a given momentum, though many of its
p'irts work hot at alljin concert ; but sooner
or later U Jniust be worn too much by exces
h.ve. friction, or possby it may become so
'ifsoideted as to be unable to perform m
.mictions. i :i '
VV bat makes this jsysterix still more nox
,?us is; thatiom'- ef tW 3tftes of this Uhu
oelteve that this putfjer does not reside in
Congress, and therefoie. cannot participate
oi ine opunty ofj this Government, even if
it were offered to them. Sir, I do not mean
to violate my promise, that I would not dis
cuss the question : but I may, consistently
with that promise, urge upon this House the
propriety pf a principle recommended by
two distinguished American Statesman, to
db3tain from the exercise of a doubtful
power. ; Suppose tftat you may, as has
l)een saiif, bv hanging inference on infer
nce, until, like Jacob's ladder, they reach
io Heaven crime to the conclusion, tha
the power is wilh you.- I ask, empha
tcally, is it not reason enough lo forbear
us exercise, when so many of the States
Relieve it to be a violation of the compact ot
th.r Union with you ? Will you, can you,
consistently with justice, proceed in the dis
tribution of a common fund, whea som n
of the joint ownets must, according to their
sense of duty, either be for ever exclude.
from their equal share, or procure it only
by scrifiring their solemn conviciions ol
'-what. is right to their interests? Thodgh
you cuiisuiuie a majority, yet let me remind
you of this eternal truth, that the acts of a
in-ijority to b- rightful, must b just.
Mi. Chairmati,- we s-em to have reached
m interesting crisis inj our political history
During the war o the Revolution, the whole
Miergtes of our people were concentrated
in support of that great struggle, and ihey
vent together witli one heart and one hand
During the interval b-i weVn thai and the
late war, our s'reh.uius eff.rts were exerteo
to repair the mischiefs of the first war;
build up a new government; put it into
pration; restore; our public credit, and by
-ry means in our power,to acquire a stand
among the nation of the earth. The late
vr again put into requisition till our civH
ind military energies in vindication of out
national honor. Since its termination,
new era has opened upon us. With hoth
ing seriously to disturb us Irom abroad, we
are left to look at home. The action of
the Government has now turned inwaros,
with an overflowing revenue, and a near
approach to toe extinguishment of ourpub
I'C 'ebt. New schemes of policy are d-v-
sed ; new principles of government avowed
1 fear, sir, that we may find, as: other nation
oave found, that a period of peace, howeve
- 1 . i . ,
our government is pu to its severest trial
Amidst the din of arms, or in the great
eff rt to build up political establishment-,
me selfish passions are in a gret degree
:bsrbed in the more important objects to
be effected. These causes being! remover.,
there is nw full scope for their action, nd
it ChIIs for all our firmness and all our pat
riotism to prevent jhe injurious effects. Si,
if this government! would confine its action
to those great objects, which, in my estim.
'ion, its founders intended, such as wnir
peace, negotiation foreign commerce, &c ,
nd leave every thing municipal in its na
;ure to the States, we should go on in har
monious concert, and peace, content, an
happiness, would j prevail throughout our
borders. In relation to these great ques
nous, there is a! community 0f interest
throughout the Union, as on the ane hand,
these must be acted upon by the federal
government, soon the other, its acfon upon
them is not, in its nature,. necessarily calcu
lated to create strife and coflict amongst the
different parts of this great whole. Sir, it
is, when we pass beyond this line, and in
trude upon the field of municipal legislat'or
hen we acton subjects in which the differ
ent States have. different and opposing inte
rests, in which the benefit we extend to one
is at the expense of another ; and in whici
each State: can best act for itself; it is by
this course that we' are converting conterir
into discontent, harmony into discord, -Mint
bringing into direct conflict those different
interests wjiich, if I acted oh internally by
the States, and externally by this' Govern
ment, would afford; the strongest cement to
he Union; The natural pursuits of the
North, for example', are those of commerce
and navigation that of the South is agricul
ture.' Let each bejmanaged at ihome,-!
mean in their internal operation,r-andthey
are the allies ol each other ; the Northern
merchants and ship owners are the buyers
and transporters of Southern produce; and
the -South purchase the imported foods 6f
the North; but the moment this Govern
ment attempts to control and regulate the
whole, then the conflict begins ; for then
the regulation which advances the interest
of one, by the same operation injures that
of the other." r
From the Courier and Enquirer. '
blister Editor i I and father, iu the goo :
sloop Hannah and Enoch, left Pemidump
quonc creek, Lower j Landing, so called,)
in the Eastern country, near the "jumping
off place," three w!eeks ago, come next
Thursday, with an assorted cargo, vis :
shingles, inguns, pairds grass seed, Wooden
ware, axe-helves, mackerel, Kennebec tur
kies, (what they call; alewWes here-a-ways)
and other kinds of country produce. VV
brought up all standeh agin Hell's gate,
t hat mortal ugly place, and had a conside
rable of a scratch to Stiver through 'em,and
I'll be tetotally tran;smogrified if in gejvin
clear of the rocks of Silly, we did'nt eha
;est run into the whirlpools ol Carry bog iw
Mi-
somedever, the sloop stuck her toe-nails in.
and I put out every mite of sail. We !erj
eddirt like time in the primer, and finally j
and at last goito! York. Stick her in4
father," savs I to the old gentleman, who
was standing at the tiller, here's Peck Slip."
. Arter we had got things put to rights
and the craft belayed, I put on a bran go !
to-meetin1 suit of long clothes, and laid my i
course for to see a leefle of the lay of the !
land and the look of the Deepfe. in th-se :
parts; I struck a bee pne for Lemuel Y j
Doe, Jr, who I'a-beam kept -hiel and !
tavern for seaarm mem You see I krinw'cl '
Lem, ever since he's knee high to a chiv'
of terbarker. I cornered him at last i-i
'twas how d'ye do, and how are ye between1
us; he was despur't tickled to see me, and
I wan't sonv to heave to agin him. When
we'd stowed away few beilv-timmer, and
had moistened our. inner man, Lem and I
started on a ciuiXe. and if J did'nt see cu-
t osities enough to make all the Lower Land
ing open their front windows tike raw Ing-
uns peeled, then its no matter. But I a'nt
goin' to spin you a long yarnbout what
very body has seen that lives here, what
I'm writing this 'ere tetter about is another
vonsarn. Well Lem, says he to roe, sayffs
he, J? thro, lei's go t6 the Circuits, done
sys 1. Now I'd hearn tell that them are
fellers at the Circuits performed didoes that'
are railly uncredible, and that some on 'eca
can iutn themselves tother side out as easy
as I can shift an old meal bag 1: Just as we
had hove to the circuits 1 seed a big kind
of newspaper stuck on to about eight feet
of marchantable one inch pine boards, and'
ht- words " Down East" staring us right ioi
the face and eye's. Hang my trowsers, sysi
I to Lem, what's all thU ere work. Ii'st
for the theatre says Lem to me, says hej
there goin to- have a small touch at the
Lower Landin says he ; the devil they bef
s tys I, (you see I knaw'd there wanV no
I w ai.i swearin.here in York, so 1 sp ke
up pretty spunky,') dead ahead for it, L-ta
ss I. We 'bout ship a"hd luff M for the
place, dropped down a pair of! stairs into a
sullar, and Lem stuck his fist into v h le
and hauled out two brass dollars which he
'ell'dme were to git in by 1 I was ever
tdstin'ly skear?t when he put his pa w in, kit
or some other wildfowi there. Hollo. Lem,
says I, how much to pay, father's able nd
mother don't care a--strawj I cKinked
mm my shear, though if he'd only hav let
ne know'd what the caper was, I'd have
got in nine pence or at least fopenc -hap
petiy a piece cheaper, seeing as how there
vastUo on us. But betntxt "and between
you and 1 and the whippin' post Lem han'l
m more genius for trafle than a horse for
fiddling, he'd oughter live oa grindstones
tid darning needles a year to get a fa- tie
snaipe. Arter some mewsic, which wan't
lo be sneezed at, they hoisted a jreu
mainsail and let' strip. I was stuovm' a
kind of account of what was goin to be did,
on a Jong strip of piper, they gin us, so as
1 didn't see much till Lem hunched me in
i he ribs and says he to me, says he, now
lor. down east. Hollo, says 1. Now mister
f? fifor, I begins to grow as mad as old Til
ley, when I thinks '"'how a; chap that Lem
said. Hatchett. tuck tiff what they called a
yankee feller. I .think its rally time to
kelkulate the value of the younion' as some
Congress character says, whed fun is to be
poked at one eend of it in this ere manner.
Says 1 to Lem, I'll grind Hatcbett's bmad
axe for him if ever 1 sees him down about
Peck Slip, darn mj eyes, it I would'nt have
showed him a little of what down east wm,
it there! had 'nt been' so many people by.
One of theftilnia satd as how he'd ketch a
ltrken arter trainen and I hope to Aim t
Molly he let him. have it. If he did, und
will only call on board the good sloop
Hannah and Enock it shall be my treat,? I
tell hioi Now. mister. I've did duty i .or
vears next muster and flatter myself I've
got some promotion, but t scorn to bi8(r9
yet I never seed a pitchfork in the i t
thbf mayhap all our company be'nt dres-d
quite-$o well especially in warm Weather
when'dothin and shoes is a kind of a bur- j
den$s a body may-say, we alway looks
well5 to; akkewtriments;--no man passe.
muste!that hati't got two spue flMits
prime-in-wireatuibrush, all dumphie. t
got so allfired huffy, at such capers beiuCUt
ibat says I to Lem, lets cut .and run e
tuck a horn and I heel'd it for the good
Hannah & Enock, woke up dad and sfiuck
a light and sot down to let Yorkers know ,
what ItJunkroC their picking fun at dowo
eastelsfSi- ' :.j ; j : ;
Yours to sarve, ,
r JETHRO TARBOX THE &U s
!i 1 j- . - . ; i l
Resignation Mr. , a very c vet
ous man, lost his only son, Jmes aa
event which overwhelmed him with sorrow.
The minister came to com fori him, and. in
the course oTconversauon, remarked, that
uch chastisements of Providence were
mercies in disguise; that ahhtmih in the,
death ofhis son he had suffered a severo ,
and irreparable misfortune, yet undoubtedly
uis own reflections hajl 1 already suggested
some; resources of epilation. Y.,r
xclatmed the weeping but iilh providftl.
Uthet u moMtrouM coler,?
as our school-master used to say " Hotr
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