Resurrecting the First American West

The Farmer's Library or OHIO INTELLIGENCER. LOUISVILLE, (FALLS OF OHIO) PRINTED BY SAMUEL VAIL. VOL. II. THURSDAY, MAY 6, 1802. NO. LXIX. [Published by Authority] - SEVENTH CONGRESS of the UNITED STATES, at the first session, Begun and held at the city of Wafhing ton. in the Territory of Columbia, on Monday, the Seventh of December, One Thoufand Eight Hundred and One. - AN ACT to amend an act, entitled "An act to lay and collect a direct tax within the United States." BE it enacted by the Senate & Houfe of Reprefentatives of the United States of America, in congrefs affembled, that the collectors in each diftrict fhall prepare and tranfmit to their refpective fupervifors, current lifts of all lands within their refpective collection diftricts, which by the act paffed the 14th day of July, and one thoufand feven hundred and ninety eight, intiroled "An act to lay & collect a direct tax whithin the United States, " they now are or hereafter fhall be authorifed to advertife for fale, fpecifying therein, the perfons in whofe names the affeffments were originally made, & the fums doe therein refpectively; of which lifts it fhall be the duty of the fupervifor, in all cafes, to caufe forrect tranfcripts to be made out, and to caufe to be inferted for five weeks fueceffively, in one or more newfpapers pulifhed within his diftrict, one of which fhall be the gazette in which are publifhed by authority, the laws of the ftate within whofe limits the fsid dfstrict may be comprized, if there by any fuch gazette, a notification, that fuch tranfcripts are lodged at his office, and are open to the free infpection of all parties concerned; and alfo notifying, that the tax doe upon the faid lands may be paid to the collector within whofe divifion the aforelaid lands are contained, of the fupervifor of the diftrict, at any time within the fpace of fix months from the date of fuch notification, and the time when, and places where fales will be made of all lands upon which any part of the direct tax fall remain due af§2. And be it further enacted, That in cafe of failure on the part of the owner or owners of the aforefaid lands net the expiration of the time aforefaid, to pay within the aforefaid time, the full amount of the tax due thereon, the collectors under the directions. & with approbation of their refpective fupervifors, fall immediately proceed to fell at public fale, at the times and places mentioned in the advertifement of the fupervifors, fo much of the lands aforefaid as may be fufficient to fatisfy the fame, together with all the cofts and charges of preparing lifts, advertifing and notifying as a forefaid, and of fales.

§3. And be it further enacted, That the aforefaid tax, including all cofts and charges as aforefaid, fhall be and remain a lieu upon all lands, and other real eftate on which the fame ho been afftfed until the tax due up n the fame, including the cofts and char ges, fhall have been cllected, or unto a fale fhall have been effected, according to the prorifions of this act or af the act to which this is a fupple ment. §4. And be it further enacted, That in all cafes wherein any tract of land may have been affeffed in one affeff ment, which, as the time when fuch affeffment was made, was actually divided into two or more diftinct parcels, each parcel having one or more distinct proprietory or proprietors, it fhall be the duty of the collector to receive in manner aforefaid, from any proprietory of proprietors thus fituated, his or their proportion of the tax due upon such tract, and thereupon, the the land of the proprietor proprietors, upon which the tax fhall have been thus paid, fhall he forever difcharged from any part of the tax due under the original affeffment. §5. And be it further enacted, That in any cafe in which it may have happened that lands actually belonging to one perfon, may have been, or hereafter fhall be affeffed in the name of another, and no fale of the fame fhall yet have been made, the fame proceedings fhall be had for the fale of the aforefaid lands, in order to raife the tax affeffed in relation to the fame, as is provided by the eleventh fection of the act to which this is a fupplement, in the cafe of lands affeffed, the owner whereof is unknown; and fuch fale fhall transfer and pafs to the purchafer, a good and effectual title. §6. And be it further enacted, That the right of redemption referved to the owners of lands and tenements fold under this act, or the act to which this is a fupplement, fhall in no wife. be affected or impaired; Provided always, that the owners of lands, which fhall thus be fold after the paffing of this act, in order to avail themfelves of that right, fhall make payment or render of payment, within two years from the time of fale, for the ufe of the purchafer, his heirs, or affigns, of the amount of the faid tax, cofts, and charges, with the intereft for the fame, at the rate of twenty five per cent. per annum. §7. And be it further enacted, That the fecretary of the treafury shall be and hereby is authorized and empowered, under the direction of the Prefident of the United States, to augment the compenfation fixed by law, for the commiffioner, or for the principal and affistant affeffors, or either of them in any divifion where it may be found neceffary for carrying into effect the act, entitled "an act to provide for the valuation of lands and dwellingplaces, and the enumeration of flaves within the United States," fo howev er, as that the commiffioner fhall in no cafe recieve more than five dollar per day, which additional corpera tion fhall be fubject to the fame rules of fettlement as are eftablifhed by the laft aforefaid. NATHANIEL MACON. Speaker of the Houfe of Reprefentatives. AARON BURR. Vice Prefident of the United States, & Prefident of the Senate. Approved, March 16, 1802 TH JEFFERSON, Prefident of the United States. - Congress of the United States. SENATE. Thursday Jan. 14, 1802. DEBATE an Afr. Breckenridge's motion to repeal the act paffed last feffon for a new organization of the JUDICIARY SYSTEM. [Mr. Morris, in continuation] In this increafe of numbers, with a ftill greater increafe of wealth, with the extenfion of our commerce and progrefs of the area, it was evident that although a great many tribunals would become neceffary, it was impoffable to determine either on the precife number or the moft convenient form. The convention did not pretend to this prefeience; but, had they poffeffed it, would it have been proper to have eftablifhed then all the tribunals neceffary for all future times? Would it have been wife to have planted courts among the Chickafaws, the Chocktaws, the Cherokees, the Tufcaroras, and God knows how many more, becaufe at fome future day the regions over which they roam might be cultivated by policed men? Was it not proper, wife and neceffary to leave in the difcretion of congrefs, the number and the kind of courts which they might find it proper to eftablifh for the purpofe defignated by the conflitution. this fimple flatement of facts, facts of public notoriety, is alone a fufficient comment on and explication of the word on which gentlemen have fo much relied. The convention in framing, the people in adopting this comapct, fay the judicial power fhall extend to many cafes, the original cognizance whereof fhall be by the interior courts; but it is neither neceffary, nor even poffible, now to determine their number or their form; that effential power therefore fhall veft in fuch inferior courts as the congrefs may from time to time, in the progreffion of time and according to the inditation of circumftances, eftablifh.- Nor provide, ordain, or determine, not eftablifh. Not a mere temporary provifion, but an eftablifhment. If after this it had faid in general terms, that judges fhould hold their offices during good behavior, could a doubt have exifted on the interpretation of this act, under all its attending circumftances, that the judges of the inferior covers were intended, as well as thofe of the Supreme court? But did the framers of the confitution flop there? Is there then nothing more? Did they refque on thefe pramnatieal niceties the fate of America? Did they sit here the moft important branch of our government? Little important, indeed, as to foreign danger; but infinitely valuable to out domeftic police and to our perfonal protection against the opprefion of the rulers. No. Left a doubt fhould be raifed, they have carefully connected the judges of both courts in the fame fentence; they have faid "the judges both of the fupreme and interior courts," thus coupling them inferperably together. You can cut the bands, but you can never untie them. With falutary caution they devifed this claufe, to arreft the everbearing tentper which they knew belonged to legiflative bodies. they do not fay the judges finply, but the judges of the fupreme and inferior courts fhall hold their offices during good behavior.- They fay therefore to the legiflature you may judge of the prepriery, the utility, the neceffity of organizing thefe courts; but when eftablifhed you have done your duty. Anticipating the courfe of paffion in future times they fay to the legiflature, you fhall not difgrace yourfelves by exhibiting the indecent fpectacle of judges eftablifhed by one legiflature removed by another. We will fave you alfo from yourfelves. We fay here judges fhall hold their offices: and furely, fir, to pretend that they can hold their office after the office is deftroyed is contemptible. The framers of this confliction had feen much, read much and deeply reflected. They knew by experience the violence of pupular bodies, and let it be remembered that fince that day many of the ftates, taught by experience, have found it neceffary to change their forms of government to avoid the effects of that violence.- The convention contemplated the very act you now attempt. They knew alfo the jealoufy and the power of the ftates; and they eftablifhed for your and for their protection, this moft important department. I beg gentlemen to hear and to remember what I fay. It is this department alone, and it is the independence alone of this department, which can face you from civil war. Yes, fir, adopt the language of gentlemen, fay with them, by the act to which you are urged, "if we cannot remove the judges we can destroy them." Eftablifh thus the dependence of the judiciary department. Who will refort to them for protection againft you? Who will confide in, who will be board by their decrees? Are we then to refort to the ultimate reafn of Kings! Are our arguments By from the mounts of our cannon?