The western star. (Westfield, N.Y.) 1826-1828, April 13, 1827, Image 2

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, , » • .. <i ,»,«™-i,/>r -iin-ff^t^i d.at the Dbraseoloffj of I to substantiate the cliarges contained ia greatly augmented by reason of the la- icemen. Again the settlers pay a bowcver^ suggested aa. uicpurawj ^^ iRis..«-.i-.-. bour of the sealers? Justice, impar- military tax, which cannot be imposed | the ll,st hcctl tial justice, answers no. I \P°\ the company, nor do we expect it T i. , . I -r „- „,.-« tl.u notwithstanding their lands in the late I wonldfttnheruk,»f-.JJ« J« ..r^^ and moistened by law, are there any \\-\\V™ 1 P\\» , h e precious blood of your kindred and pies violated? or do we more than oth- frJends * er states have done ? I answer no. In _. * . ., . vi states nave Then g .^ . f Ro constltutml , a l pnnci- Land company bought of Robert Mor lis in Pennsylvania, are subject to a road tax. Also, see laws of Conn. vol. 1st p. 1/3 ; laws of Mass. 2d vol. p. 758, and the 440 page of the Vermont taws. In the latter state and by the same law, non resident lands are taxed lor the purpose of building school and meeting houses. I would further state that lans have occasionally been pas- sed to tax non-resident lands to improve particular roads in this state. Vide laws 1812, p. 393, and if a non-resident resides in another state and owns improved lands in this state; he is sub- ject to taxation by the 10th section of our road act, and the tax can be collec- ted if any of his personal property ran be found. Then if non-residents con- tiguous to our state are subject to taxa- tion, why not tax those that are more distant ? It is indeed a matter of astonishment to me that the lands of non-residents have escaped taxation so long. But the influence which the overgrown land- holders of the state have exercised, is pre&abl) the reason. But I trust that then influence is at an end ; your new constitution abolished the $250 test, and gave freedom to thousands of your citizens, and I hope that the indepen- dent yeomanry of our country will no In- £*•!• he under the dictation of this o- dious aristocracy. It is time for men to think and act for themselves ; it is tin : r duty to throw off the shackles by wduh they have been enthralled, and they are called upon to dispense the burthens of taxation with an equal hand upon the rich as well as the poor. There was a time when the old coloni- al governouis sold latge tracts of land to their favourites ; these lands were con- verted into a species of manor, a few of which I believe still remain, and hence the relationship of landlord and tenant became pietty common ; but the law re- specting descents, which required that property should be distributed equally among the heirs, and the law which pto hibited tstates from being entailed, in a THE LEGISLATURE.—In senate, Thursday, March 29.—Some timenvas spent in committee of the whole, in discussing the bill to provide permanent funds for the sup- port of common schools, to increase the lit- erature fund, and to promote the education of teachers. The motion to insert$250,000 instead of the whole of the canat stock, was agreed to by the casting vote of the chair- man, gl 00,000 of the shares owned by the state in the capital stock of any of the banks at par value, was also appropriated to the common school fund, ayes 12, noes 11 — Friday, 30.—The senate receded from their amendments to the amendments of the as- sembly to the bill regulating the sale of lot- tery tickets; so this very salutary measure only awaits the signature of the governour to become a law. Saturday, 31.—A resolution was received from the assembly for holding an extra session for the sole purpose of revi- sing the laws, aud another for the adjourn- ment of the legislature on the tenth of April The bill to authorize Eliphalet L. Tinker to build wharves and erect store houses on lake Erie, at Portland harbour, was read a third section Was very loose, and might lead to great arjgta*. He should not like to own as much lajfas the Holland company do, and be subje%id to the operation of this law as it was now framed; and he should fear it would be like keeping an elephant that would eat him out of house and home in six mouths. In committee of the whole, a bill was pas- sed for the compilation and publication of* new map and atlas of the state. [The bill apropriates $5,000, for the engraving and publication of a map and atlas, to be compi- led by David H. Burr, and to be submitted to th« revision and correction of the comp- troller and surveyor general. The map to to be engraved on a scale of 71 -2 miles to an inch, and the atlas on a scale of 2 1-2 miles to an iucb. Fifty copies of the whole work to be furnished for the use of the state, and to each town in the state a copy of the map of the county io which such town is situated. Tuesday, April 3. The bill to amend the act to regulate high- ways passed in committee of the whole. The report of the committee of the who!, on the bill amending the act to regulate highways, so as to tax non-resident land- holders, was under consideration. Mr. Ste- vens proposed to amend tne report by so ai tering the first section, that the lands only of persons residing without the state shall be liable to taxation, for the improvement of roads and bridges; and that the amount o road-tax imposed on non-resideut lands iu each town, shall not exceed 30 days in each town. The amendments were opposed bv Messrs. Skinner, Eldredge, and Foote. and the same were lost. The question then re- curred on agreeing with the report of the committee, and the same was agreed to, ayes, 73, noes, 33. ti e petitions. Within a tew days sev- e.a' affidavits have been forwarded, n< ne of which reach the most severe allegations of the petitioners. From the testimony adduced,no doubt remains in relation to the unlawful sei- zure and removal of Morgan ; for whi< h Offence several persons were arrested, and having pleaded guilty to the indict- ments found against them, are now suf- fering the penalty of the law in the jail of the county of Ontario. The situation ol this unfortunate man after leaving Canandaigua, so far as le- gal proof has been hrnished, is still left to conjecture ; but by the affidavits pre- seuteu, many circumstances are brought to bear upon the allegation that he was taken to Niagara, v. hatever may have been his subsequent fate. The strong \ -J r t.ffVuco, but the moral sc7!HP lur.ity should not be weakened the in inocent with the est proof of this position is to be found ing resolutions ; for 11 the el by cor 1 guilty. AwareThat this transaction has < led forth the deep and meiited indigna- tion of a people jealous in the pi elec- tion of those liberties so dearly bough;. and that are so firmly guarded by ih e constitution and laws of our country - as sacred in the humblest citizen as u, those clothed with the highest\ powers that freemen can bestow, the couiniiute have anxiously endeavouri-d to recom- mend such means as in their view would most conduce to the arrest and conviction of those who have been ac- tors in a scene which we hope is and will remain unparalleled in the history of our country. They therefore introd uce the follow* State Road. —Tlie enacting clause of the new biii in relation to this measure, was re- jected in the house, in committee of the whole, yesterday, by a vote of 53 'o 41.— The friends of this improvement regret this result, as indicative, it not decisive, of its fate. It is [icwiitik, however, that the vote J J AT J ' * MT,\\P\ ! upon agreeing with the report of the com- ime and passed. Monday, April 2.—Tne 1 '-., » .1 ° 1 , u »••\»• ^ r \ , imttce ot the whole, may be a ditlereut and more encoui agmg oue.— Albany Argus, A- pril 6. t senate agreed to tire report of the committee of the whole, on the bill to provide pcrma nent funds for the support of common schools &c. Mr. Coldcn made a report on the sub- ject of the Chenango canal, which admits the bill to be one cf great importance, but states that the legislature is not in possession of suf hVieut information to warrant its construe, tion; the committee therefore recommend a re-survey. Wednesday. April 4. A message was received from the govern- our, transmitting with great plena re, a pre- amble and resolutions passed by the legisla- ture of Maine, in relation to the distribution »>t\ the surplus funds of the United States to promote internal improvements. The pre- amble B the ahle report made by the select committee of the house of representatives 01 ET We arc requested to state that the e- lcctiou for supervisor, at the late town meet- ing in Ripley, was closely contested. Mr. Prendergast was elected by a majoiity ol one vote over Mr. Ward, in consequence of some person's putting in three ballots for Mr. Ward, by which he lust his vote— otherwise there would have been a tie. Lorrel Nich- ols, Esq. was elected town clerk, by a ma- joiity of 27. Mr. Ward would probably have been elected by a handsome majority, but for the excitement relative to the Mor- gan affair, he being a ma sou. great measure prevented the evil which 1 <be state of Maine. The material resolution this system was calculated to produce, i • \ fl ' llmvs: *«••»•*. That if it shall be ' ,fc e determination ot congress to appropriate part of its revenue to the purposes of in- ternal improvement, in the construction ot t „.. A, ,1 „,, 0 , , • mM , H the determination ot congress to approia Landed estates, tii our country, as well , »_-._ . 7. pp ' r . . - ' , a part ol its revenue to the purposes of as personal property, issuLjectto aeon-, terna , iinpro vement, in the construction Sfanr change ; and though the lather j reedfl and budges, and improving the nav i may boast of his treasure, his lands and his tenants, yet perhaps, before half a century passes away, these tenants may become the proprietors of the soil, and the descendants of this once wealthy landlord vagabonds upon the earth. Withlthis constant mutation of property, with no hereditary titles or entailed es- tates, our liberties are safe. But, sir? what are the fa< ts in the case before us. Yon give tn the citizens of another and ^ despotic! power, what you very justly deny to your own inhabitants ; you give foreigners the right ol holding lands by descent and entailment according to the laws of tin ir country, and by so doing you violate every principle of our ex- cellent constitution, jou give encour- agement and effect to principles which are repugnant to the sprit and genius ol our laws ; yon lay the fovndatiei of a tenancy as extensive as any seign ry in Europe, and at which poaleritj may mourn. But it may pe asked, will the imposi- tion of taxes remedy the evil of which •We complain ? I answer in the r^ffirma live. If tiie company had been obliged to pay taxes in proportion to their wealth, the lands on the purchase would have been nearly if not q\ite paid for by this time. The ppriod is not far remote when the wealth of the compa ry exceeded that of all the settlers, though now I will admit that the cast- is a little changed ; suppose their wealth is equal, the state, county and town tax on the purchase exceeds— gation of rivers, and promoting education, it is the opinion of this legislature that the funds designed for these objects ought to be distributed among: the several state•<; aocorel REPORT ON THE CASE OF WILL- IAM MORGAN. Made to the Assembly April 4. Mr. Granger from the select commit- tee to which was referred the petitions of our western counties, \\y relation to the foicible abduction of one William Morgan, a citizen of this state, Report- ed : That these- priitions are signed by mg to their population, to be expeuded under j ma ny highly respectable committees who have Men appointed on behalf of tiieir feilew citizens to ascertain the facts connected with this most flagrant violation of the rights of a citizen, bv which he has been deprived of Iib- etty, if not of life. These petitions set forth that on the 7 1th day of Sep- tember Inst, the said William Morgan, was, by colour of criminal process, ta- ken from the village ol Batavia, in the j county of Genessee, to Canandaigua, in upon an strate, said Morgan was discharged ; he was subse- quently and upon the same day arrest the authority of their respective legislatures.', The message was referred to a select corn. mittee, consisting of Messrs. Spencer, Vicle, and Kcyes. Iu assembly, March 29, the house refused lo concur in the amendments of the senate 1 to the lottery bill. Friday, March 30. The house resolved itself into a committee of the whole, Mr. Drayton in the chair, on j the biil to amen i the act to regulate high w o in the affidavit of Paul Mushier, which, though resting principally upon infor- mation derived from others when not un- der oath, cariies to the minds of the committee, a belief of its general cor- rectness. This affidavit is partially corrobora- ted by the certificate of A. G. Hinman, a justice of the peace for the county of Niagara, setting forth the proceedings bad before him against one Eli Bruce, ol said county. An affidavit of David Maxv\ell is also presented, which may be considered as having collateral bear- ing upon this point, as touching the piubabUity of -Morgan's removal to- wards the Niagara river. An attested copy of the affidavit of William Terry, of Niagara, Upper Canada, has been presented to the com- mittee. Much as this deposition may be calculated to create the dreadfbl be- lief thai the lis* of Morgan was taken at Fort Niagara, the statements contained in it are too undefined in their character to warrant the committee in acting upon them. The names of his infoi mauls are not given, and it would seem by the affidavit that his information was principally derived from residents of the pruvuauc of Canada, beyond the reach of our judicial authorities, and ol any power that our government could create. Much animadversion has Leen had upon the statements made by the said Teiry ; and as some public!; jour- nals have pronounced him unworthy of belief, the committee feel it due to him and to those who procured his testimo- ny, to slate, that certificates have been furnished on this subject, which satisfy them that the imputations cast upon that gentleman were unjust. '1 he committee have now given a concise reference to that patt of the tes- timony prrseoted, which they consider of a chaiaclei sufficiently definite to bear upon the allegations contained in the pethhns. Jt is also shown to the com mi l tee, by the affidavit of the wife ol said MoJgan, that she hnows nothing of his fate other ways [This bill authorizes the commisMon- the ^^ of Ontario; that ers of highways in the counties of Genesee, . ? , , * . Niagara, Orleans, Erie. Cattaraugus. < ban- j ™ ani _ , . nal .!. on J*** 8 a .\•P* tauqiic, and Allegany, when making assess- ments for road taxes, to impose a tax noon each lot belonging to a non-resident owner, I ed upon a demand on which 'udgement within each road district, in reference to j was obtained, and he confined within the value ot the lot, and equal to what would , , h( , jail of t ,, e C0l , f Q . , would be imposed upon the owner, were he ., • f .- * . ' \' resident upon the same, for the purpose of ! >n ,be ev ? nm B ° f the 12,h of Se P lei »- workiug highways.] I b f r > certain persons, who had been pre- Gen. Sill opposed the bill as unjust and I viously engaged in procuring the sei- partialin principle, and as inconvenient and ; zure ol Morgan at Batavia, and in bi<r ressive if made general iu ils operation Mr. Chandler olferedmn amendment, the effect of which is to make the law general in its operation, effectiug every county in the state. Air. Eldredge declared himself in favour of the bill, if the amendment should be adopt- ed. He showed the necessity and justice of subjecting the owners of non-resident lands to n portion of the assessment tor roads and bridges, as the benefits they received in the enhanced value of their lands was a full e- quivalent for the tax they would par. Mr. Brown entered very fully into a view$100,000, per. ann. the road tax is ! of the subject. He said the friends of the $50.000,«ne half of both taxes amount to bill were willing to adopt the amendment, 4s73,000,which sum the company ought to pay. This would retain among the settlers money sufficient to purchase an- nually more than 250,000 A people who are in debt to foreign land holders must always remain poor, money will 'be scarce as long as the surplus earn- ings of the farmers are drawn from them but should the amendment be rejected, he insisted that the bill as reported, ought to be passed into a law. The bill was farther advocated bv Messrs Foote, Skinner, and McC lure. Mr. Tracy expressed himselfin favour of subjecting non- resident lands to tax for improvements in roads and bridges, provided the amendment was adopted making the law general, and to be transmitted to foreign lands. If' P'™^? *• amendment he should offer was , . £\> tlitnnf t*n trliU'ri tarn c ti...* <lm k>« . « «_._ — the taxes of the company were 60 or$70,000 a year, their profits of course would be less, and they would have no inducement to keep up the price of their lands ; this would cause them to reduce their prices, and in such case our moni- ed men instead of emigrating to the atates and territories far beyond us, would be induced to settle the western part of your state, and the title of thei Holland land company, would soon be extinguished, and your western counties instead of being held by foreigners would soon be the happy residence of a dense population of freeholders a-id adopted, which was that the tax in any one year should not exceed SO cents upon everv \$100 of tbe assessed value of the land taxed. Mr. Daratow was also opposed to the bill in its present shape, though he had no ob- jections to it if made general in its operation. The question was taken on Mr. Chan- dler's proposed amendment, making the law general in its operation, aud the same was adopted. The question then recurred on Mr. Tra- cy's proposed amendment. The speaker said he thought the amendment unnecessary, as there was no reason to fear that as heavv a tax as half a cent upon a dollar would be inii osed. Mr. T.'s amendment was lost. Mr. Granger admitted the correctness of the principle of taxing non-resident laud for improvements in roads and bridges. He subsequent removal to, and confine ment at Canandaigua, discharged the debt lor which he had been committed and caused him to be liberated from prison; that on leaving the prison said Morgan was violently seized, and a- gainst his consent, forced into a car- riage,which was rapidly drove from said village of Canandaigua; since which time no certain information has been obtained concerning him; and that with this deprivation of liberty are connected many circumstances which create a belief tbat he has been deprived of life. The foregoing statements are embraced in all the petitions before the committee. A portion of the petitioners farther represent that said Morgan was con- veyed to Niagara frontier, where they allege he was murdered on the night of Whereas it appears that one William Morgan, a citizen of this state, was in the month of September last forcibly and unlawfully taken from the \illa<'\ e of Canandaigua, in the county of Onta- tio, since which period all attempts to discover the fate of said Morgan have proved unavailing, Therefore, Resolved, (if the honourable the Sen- ate concur herein,) That the person ad- ministering the government of this staie be requested to issue his proclamation offering a reward of five thousand dot. bars for the discovery of the said Will. iam Morgan if living, and alike sum of five thousand dollars for the discovery of the murderer or murderers of said Moigan. if dead, to be paid on con- viction. Resolved,(if the honourable the sen- ate coucur herein.) That a joint commit- tee of the two houses be appointed con- sisting of live members, two 10 be tu- ken from the senate and three from the assembly, whose duty it shall be to vikit the several counties of Ontario Monroe, Livingstan, Genesee, Erie, Niagara and Orleans, or such of them as they shall think proper, with full power to send for persons and papers, to inquire into the facts and circumstances connected with the abduction , detention and dis- position of the said William Mcrgaa, and to report their proceedings to the next legislature, that such other and farther pioceedings may be adopted as the nature of the case and the liberty and safety of our citizens may require. The report and resolutions were laid upon the table and ordered io be print- ed. IMPORTANT FROM COLUMBIA. The National Intelligencer of March 19, contains the following jjaragraph : ** Recent advices from Columbia. hozcevcr, from the most respectable source*, give out that Bolivar designs if possible, to establish the same form of government a/so in (hat comtry and in Pern ; to unite these repvb- licks with Bolivia into a general con- than what is known generally, and f'deraey, and be himself viade prai that she has nut seen him, nor heard from him, since the said 11th of Sep- tember. The committee also piesent to the house many other affidavits in lelaiion to this subject; but they are of a description so vague ; resting often upon slight circumstances, and in some dent over the /rholefor life, tcith pow- er to nominate his successor, lie in- tended, it is satasi, to carry this plan into ejfecl immediately after his re- turn from Peru, but he found the oth- er number^ of the legislature s'o op- posed, that he teas prcvaikd upon to cases without giving even the names of \ suspend his purpose for a time, and those suspected, that however unpleas- ant may be the impression made by trait for the grund convention at Co- lumbia io consult on a reform of the them upon the minds of the committee 1 present eo-nstituticn. After the dh'or- individually, they aie not of a character • ders produced by the insurrection oj that iu their opinion, would justify a j Ptwz, he took vpo?i himself the extra* statement of their contents in a report to , ordinary powers allowed by the con- tins house. \stitntiou , in case of exigency ; in oth- After a full examination of this sub- er words, assumed a dictatorship, in ject, the committee have found them- | which he acted without the control of selves surrounded by embarassments | a congress. Since that lime, wc learn, upon every side. j he has imposed restrictions on the They have endeavoured to devise a press, forbidding any papers io be tribunal for the investigation of this,' pvbli htd which shall contain strict- transaction, which could have a juris- | wrc* 071 his proceedings. Comment on diction co-extensive witlfihe section of such a measure as this, is hardly ne- country through which this conspiracy ; cessary. The government, or fZ\ is charged to have extended; which cause which dreads the influence of would possess power to force the atten- j the press, fears the light, and may be dance of witnesses from every part of presumed to covet concealment for that country, with right to imprison j deeds, that if IUOWH, xcould reflect no those who should refuse to answer ques tions legally proposed ; which would secure the arrest and detention for trial of those against whom proof should be made, and yet, which should not in- fringe upon those chartered privileges that secure to every citizen the right of trial by jury, according to the course of the common law ; privileges to which a free people should cling as to the last rock of their political safety. Upon the deepest reflection the com- mittee are of opinion that such a tiibu- nal, while it would be doubtful in prin- the 14th of September last, and they ; ciple and dangerous in precedent could ail join in the belief that the conspiracy j not materially add to the powers vested against this citizen was extended j in our existing courts. through sever*! of the western counties, and was the result of a previously con- certed plan To arrest the progress of such glar- ing crime; to surrender to the injured and insulted laws of our conntro their Under these circumstances, the pe- so wanton violaters; to protect our thinners represent that the courts of a J people in the enjoyment of\ life, liber- single county are inadequate to theemer-1 ty,«nd the pursuit of happiness,\ is the gency, and ask the interposition of le-! duty of every citizen, and particulaily gislative authority to procure a full de-i of those to whom is delegated the pow- velopement of a plot so base in tie- \ er of acting for the general weal. Yet sign—so fearless in execution, and in doing so, we should not forget, that fraught with consequences so danger- while we acknowledge no privileged or- of congress been of so much necessity ous to the liberties of our people. ders in our community, our free institu- ' to the republick, as at this piesent pp- The committee have delayed their tions are secured equally to all. Let riod, when every mind has been distur- report with the expectation that the those who trample upon their country's bed, and the whole nation agitated by promised testimony would be furnished, | laws, answer at the bar of that country internal commotions. Called by our credit on those who commit them.\ The foregoing information is in a measure confirmed by the following letter from Laguayra to Mr. J. M. Sanderson, of Philadelphia, dated March 13 : \I enclose you the first copy of the \ Lara,\ a new paper, which »£ intended to publish at Caraccas. You will therein find that the grand Amer- ican federation is spoken of. Boli- var's resignation is also therein. His resignation is, however, only to pave the way to place himself a step h igh- er, as there is little doubt that four months will not elapse before there will be a union of Peru, Columbia and Bolivia, and Bolivia appointed pres- ident for life.\ ACDICATION~OF BOLIVAR. Hfad Quarters, Caraccas, February 6th, 1827. To His Excellency the President of the Senate. Most Excellent Sir—In no former \ circumstances has the august authority