Indiana State sentinel., 1846-02-19

Todd the Senator from Marion his 1t seems is stated
by the Senate Journa and the bill read the I'd and
Sd times and passed, al on the same day. In the
meantime / was confined to my bed, by violent in
fiamatory attack of sickness that placed my life in
danger. | had been suddenly overtaken by this at
tack, while out the streets, that was unable to
reach my house, and was lying at one Of tie public
hotels In this condition, suffering both in body and
mind from pain and weakness, hundreds Of bills
pa ssed by the legislature read to me, and then,
in the intervals Of intense PAIN was raised and sup
ported in my bed and in that situation compelled
either TO sign bills or, by emitting to do so, 10 render
the aborS of tie legislature useless and abortye. To
enable 90 through with this labor, the legisla
ture extended the time of adjournment until the 20h
-One day longer. gave every attention TO tie nu-
merons bills. which, In my weak condition, was ca
pable Of and laid aside -four of the number for further
consideration until the next session. as was allow ed
to do By the constitution. Had been epprized of the
character Of the bill complained of, should iny
have Withheld my signature from that also. But the
title of 1t gave intmatiOn of its Objectionable char
acter and the very first section provided ''that the
'one yeGr allowed in the 2lSth section, &c, as the
time within which the lands shall he redeemed, is
hereby srteHded to fro gears" II is looked like in
diligence and ree 10 the canal land purchasers, on
lis very face. and well calculated banish all
suspicion Tie bill therefore suffered to take Tie
usual course, with hundreds Of others believing that
f there had been any ealed wrong about IT, tat
tatives would have scovered it,
As ALREADY intmated, was greatly asonished TO
learn afterwards, that hill apparently for relief
had been made an engine of fraud and oprrtss I
despatched by the express alluded 10, written requests
(Which to the extent of legal and constitutional pow
erS were made orders. to the land Offices at Peru and
Delphi forthwith stop all sales of canal lands
der the bill complained Of. fled similar writings
with II. ]. Harris, Esq. the Auditor Of Pubic Ac-
counts not to countersisn certificates under such
sales and also with Judge Thompson. tie Secretary
of State, not 10 Gil up any patents on surh slles Be-
sides such patents be valid without my sigma
ture, With have determined TO withhold. Dir.
Fitzgerald has in fact consented to surrender up tie
certificates Of purchase that he has obtained under tie
act except the certificates for ten tracts said belong
to tic United Siates-beng part of what are common
" called Candy lands. have written to the land Of
ice Peru, to TO Linn in exchange for the
ifcatcs which he surrenders, the currency which he
may have deposited, except that for the Candy ceri-
caes and to receive and cancel the other certificates
amounting to fty-six in number. | understand that
no other certificates have been issued under this act
either at Peru or Delphi, TO any other person. As to
the ten Candy certificates they to be left to the
proper authorities Of the State to determine their
validity which in tie mean time protest against
well against any of such sales in future.
My reasons for the course have taken and for the
Judgment have advanced are these: The act TO re-
duce the salaries of Governor and other officers, ap-
proved Dec IA, 1913. l5 reduces the offices
Of canal commissioners. east and west Of Tppecanoe
into that of General Superintendent who Is to serve
for two years, and not Gas is usuaD until his
Sor is elected and qualified. COL Lucas was elected
and the Executive records show that he was COM
missioned on the 10th January, 1914, to for
tlro gears only His term, therefore, expired the
10Th of the present month"; and as these certificates
were issued in his name. and under an that was
not approved until the Goth inst, when he was no
longer in Office it is clear that the certificates are IL
legal and void. But | think they would have been
void even if signed by the proper officer. 1t is a
principle Of law that all acts passed upon the same
subject and at the session to be construed in
pdri mdteria, or one law. Now there was passed
and approved at the same session. not only the State
debt act which extends its indulgence and protection
to all canal land purchasers for FIVE years, but also
another another act entitled IAN act for the relief of
purchasers Of canal lands" (Which | believe in its
present shape written by Mr.. Taber of Cass CO.
md which provides that hereafter all Wabash and
Erie canal lands, that that may hereafter
become forfeited for non-payment of either principal
interest, both east and west of Tppecanoc river
at the time the same may become due, under the laws
in force regulating the sale of said lands it shall be
the duty of the person having charge of the land of
fee. where the same may have been purchased. to
offer the same for sale oher lands are offered at
public sale on the first Monday in January in each
and every year, &C., first having given four weeks
notice. &C., and gives the purchaser the privilege Of
redeemlnT at time before sale This law is also
in force from and after its pa s1ge. In constituting
laws apparently conflicting. courts Of Justice first en-
deavOr to reconcile them if possible. In ihe present
this only be done by forbiddng private en-
tries of canal lands under the act complained o. un
I'll fruitless attempt To sell them at public sale on
ample notice. provided in the relief act This
cons ruction would annul all certificates even if the
nr'par officer should sign item. Again. If these
lzvs too repugnaut t. he reconc led tfev are t.
be construed fayorlly and in 9cc0rdnce with the Oh
vious d. srn of the Legislature. What was that de-
sign Evidently to favor and relieve canal land ,ur-
chaSPIs. But this deceptive act directly conflicts
with all the great leading measures of the session
which were characterized by humane, just and
benevolent policy do not b. eve therefore that any
certificates entries of canal lands now or hereafter
issued or made under tits Objectionable law, he
legal. nor do believe. That courts of justice will
sanction them All the legal and constitutions power
that have, therefore, will be exerted prevent fur
ther sales of that character, and befre stated NJ
patents founded such sales will receive nv sipna-
ture. Purchasers Of canal lands therefore may dismiss
al agprekenSioRs on The subject Their rights will be
protected until the next meeting of the pgiI rturc,
when have doubt the obnoxious act VIII be swept
frnm the statute hook. Very few indeed of the men,
bers could have been ap?rized of its real nature aud
object, or it could Lever have las >ed.
Since writing the above. have had tie concurrence
Of twI eminent lawyer> in the legal o,.in un> above
advanced and yOnr at Liberty ta publish this let
ter fr the information Gf all cunrernod
am very respectfully, our obedlent servant.
JAS. WHITCOMB.
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