Boon's Lick times. [volume] (Fayette, Mo.) 1840-1848, 1842-11-26
and corrected, the financial affors Of the State
be subjected 70 great embarrassment.

the several acts, providing Tor the levyng, as.
sessng and collecting the revenue" approved
February 16. lS41, it was made the duty Of the
Executive to employ counsel 10 institute suit, in
behal II Of Uriah S. Gregory, late collector Of
CLARK county, against those persons by whom he
was arrested and imprisoned, while in the dis.
charge OF the duties OF his Office. | did not
doubt, from the several provisions OF the act, that
the object OF the Legislature was to obtain the de
cisOn Of the Supreme Court OF the United States,
upon tbs question oil boundary between this
State and the Territory o. Iowa. With this
view Of the object Of the law | employed the
Hon. Luke E. Lswless to institute the proper
SUITS in the event there was certainty Of OBJ.
tanning such decision. Judge Lawess, after an
interview with Mr.. Gregory, and full investiga.
ton oil the whole question, gave it as his opinion,
that there was no certainty Of obtaing decision,
by the Supreme Court upon the question OF
boundary, and in this opinion fully concurred.
The opinion Of Judge Lawless was predicaed
upon the facts, frst that as the sheriff who ares.
ted Mr.. Gregory resided in Iowa, the suit against
him would have 10 be Instituted in the courts Of
that Territory, and there was no certainty that his
plea would be so shaped as to present, or admit
OF being presented, the question Of boundary, the
Governor Of that Territory having declined any
tremely doubtful whether, If the suit was deter.
mined against Mr.. Gregory in the court below,
be could make The affidavit necessary to its reno.
val into the Supreme Court. Indeed, it was be.
lieved that he could not.
In addition TO these facts, believed it highly
probable, the trial necessarily occurring before an
Iowa jury, that the defendant would rest his de.
fence upon the plea OF not guilty. and rely upon
yerdist for nominal lo,nouos Rnt ,oooadip1
that he would so shape his pleas as to admit OF
the question of boundary being replied by the
plaintiff, yet that being in part question Of fact,
it was to be presumed an Iowa jury would decide
it against US, and the refusal to grant a new trial
not being considered by the Supreme Court mat.
ter Of error, we would still be without remedy in
that court.
These considerations indicted me not to incur
the expense incident TO the prosecution Of suit,
without the further sanction Of the Legislature.
For the professional services OF Judge Lawless,
there has been allowed and paid the sum Of two
hundred dollars He, however, considers this
amount an insufficient consideration. 1t will al.
ford me pleasure to furnish any information in
my possession which may be considered necessa
~ 10 aid you in the consideration OF this cues
ton.
Since the passage Of the law under consideration
the House OF Representatives Of the Congress OF
the United States have deemed it within their
competency TO declare. by law, the boundary be.
tween this State and the Territory Of Iowa. The
bill, however, did not become law, for the want
Of the action Of the Senate. Satisfied that Con.
gfess has no power to alter the boundary OF any
State without the assent OF such State the only
effect, if any, such declaration could have,
would be to influence the Judicial tribunals be.
fore which the question OF boundary might come.
Surely, Congress cannot desire. in this indirect
mode, TO fores!all the judgments Of its own
courts.
Let the considerations, however, which con-
trolled the House Of Representatives. be what
they may, the State owes it to herself to remon.
stralc against any attempt on the part OF Congress
is deprive her, in any manner, oil any portion oil
her territory
The attention OF the General Assembly is es.
pecially invited TO the provisions OF the "acl to
provide for the institution and support OF State
University, and for the government Of colleges
and academies" and TO the propriety Of such
notifications Of the act as will bring the insttu.
ton, in its government more within the power
and control of the State-its patron and founder.
1t certainly never could have been the design Of
the Legislature 10 place the government and con.
troll of this institution, which has received pub.
lie endowment OF one hundred thousand dollars,
in the hands Of men who y Irresponsible to the
State. Yet such are the provisions OF the law,
that the curators who are chosen by, and are res.
ponsible 10, the General Assembly, have no voice
in the appointment Of a single Professor, their
powers being exhausted in the appointment OF a
President Of the University.
The appointment OF Professor is claimed
and exercised by the Trustees Of the Columbia
College--a private institution, incorporated long
anterior to the establishment Of the University -
body OF men responsible to no power-indeed
a sel[perpetualing body-they have a right to
choose their own successors. How ever intelli
gent and competent such body of men may be,
yet il is inconsistent with the nature OF State in
sttuton that il should ever be committed to hands
over whom the State has no control, aud in
whose selection it has no voice.
The expedency Of the organization and gov
eminent Of colleges and acadanies separate and
distinct from the government Of the university, il
exceedingly questionable, and il is believed tina
that portion of the law may with proprety be
repealed When this is done, and the curators
are empowered TO employ the necessary proIes
sors, confer the usual honors, and prescribe thu
course Of study, the university will become, wha
it was designed to be, State institution.
The future management Of the peuitenliary
will be an important subject for your delibera
tons The term Of the present lessees will ex
pire on the Is Of February next, and it is impOr
tant that system for its government should b
matured by that time. 1t is scarcely to be pre-
sumed that the General Assembly will agai
place this institution under the management o
id, L. ,,l,a IL