Indiana State sentinel. [volume] (Indianapolis [Ind.]) 1845-1851, 1846-02-14


by the Senate Journa and the bill read the I'd and
Sd times and passed, all on the same day. In the
meantime, | was confined my bed, by violent IN
famatory attack of sickness, that placed my life IN
danger | had been suddenly overaken 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
passed by the legislature read To me. and then
in the intervals of intense pain, raised and sup
ported in my bed. and in that situation was compelled
either to sign bills, or by emitting TO do So 10 render
the abors of the legislature useless and abor'e 10
enable me to 60 through with this labor, the leg:sa-
ture extended the time OF adjournment until tie Zu'h
one day longer. gave every attention to the nu-
merous bills which, in my weak condition. was ca
pable Of and laid aside four Of the number for further
considerations until the next session. as was allowed
to do by the constitution. Had been apprized of the
character of the bill complained Of should certainly
have withheld my signature from that also. But Tie
title Of ii gave ntimaon III lis Objectionable char-
actcr and the very first section provided 'tiat Inc
one year allowed in the 2lSth section. &c, as the
time within which the lands shall be redeemed, is
berebv extended 10 tico gears" This looked like IN
diligence and relief the canal land purchasers, on
It's very face and well calculated TO Danish all
susricon Tie bill therefore suffered to take the
v.ual couroc with hundreds Of others, believing that
If bad been any concealed wrong about it. that
some Of the fifty Senators and one hundred Represen
atives would have discovered it.
AS already inmated, was greatly astonshed to
learn afterwards, that bill apparently for relief.
had been made engine of fraud and oppression.
despatched tv the express alluded TO- written requests
(Which to the extent of legal and constitutional pow
ers made orders to the land Offices at Peru and
Delphi, forthwith stop all sales of canal lands
der the bill complained Of filed similar writings
with ii. J. Harris, Esq. the Auditor of Public Ac-
counts to countersign certificates under such
sales and also with Judge Thompson, the Secretary
of State, to fill up patents such sales. Be-
sides, no such patents can he valid without my sigma
ture which have determined TO withhold. Mr..
Fitzgerald has in fact consented TO surrender the
certificates Of purchase that he has obtained under the
act except the certificates for tracts said to belong
to the United S:ates-beng part of what are common
| " called Candy lands. have written to the land Of
fee at Peru, return to him in exchange for the
tifcates which he surrenders, the currency which he
NAV have deposited, except that for the Candy certi
cates and receive and cancel the other certificates
amounting to ffty-six in number | understand that
no other certcat 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 TO their
validity, which in the mean time protest against,
well as against of such sale In future.
Nv reasons for the course have taken and for the
Judgment | have advanced are these: The act to
duce the salaries of Governor and other officers, APP
proved Dec a. 1S43. Sec ID. reduces the two Offices
of canal commissioners. east and west OF 1ppecanoe
into that of General Superintendent who Is to serve
for two years and not Gas is usual until his
sor is elected and qualified. Col. Lucas elected
and the Executive records show that he
missioned on the 10th January. 1874, TO serve for
tro ucors onlV His term, therefore, expired on the
10th of the present month. and these certificates
were issued an his name. and under an act that was
not approved until the Doth inst, when he
longer 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
principle of law that all acts passed upon the same
subject and at the session TO be construed IN
pari ndteria, 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 'An act for the relief of
purchasers of canal lands (Which | believe in its
present shape was written by Mr. Iaber. ot Ca>s CO.
and which provides that hereafter all Wabash and
Erie canal lands that are that may hereafter
become forfeited for non-payn Of either principe
or interest. both east and west OF llppecnnoc river,
at the time the same may become due. under the laws
in force regulating the sale OF SAID lands 1t shall he
the duty of the person having charge OF the land OF
f flee where the may have been purchased. to
Offer the same for SALE as other lands 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
rcdeemng at anv time before sale. This law is also
in force from and after It's passage. In constituting
laws apparently conflicting. courts OF justice first en-
deavor To reconcile them If possible. In The present
:, case this can ONLY be done bv forbiddng private
tries of canal lands under the act complained of,
. til fruess attempt To- sell them at public sale. OF
' annie notice, as provided in the relief act. This
construction would nnnul all certificates even If tho
proper officer should sign item. Again. IT these
avse~e too repugnant to be reconcIled they are e
be construed favorably and in accordance with the OBJ
: vous design of the Legislature. What was that de
sign Evidently TO favor and relieve canal land pur
' chnsers But this deceptive act directly conflict
" with all the great leading measures OF the session
which were characterized BIZ humane, Just ant
. benevolent policy. do not b, ieve therefore that an,
certificates or entries of canal lands now or hcreafe
issued or made under this Objectionable law, can b.
LEGAL nor do believe Tint courts of justice vii
III sanction them All the cg, and constitutional powe
re that have therefore, will be cxered TO prevent fur
er sales of that character, and a before stated NJ
PATENTS founded such sales will receive my sigma
d lure Purchasers Of canal lands therefore may dismis
= an appreiensionS he subject Their rights will b.
IL protected until the next meeting OF the legislature
III when have doubt the obnoxious act Will be swer
TO from the statute book Very few indeed of the mem
re hers could have been apprzed of lis real nature
" object, or il could never have passed.
Since writing the above, have Ind the concurrenc
of two eminent lawyers in the legal opinions nbov
Is advanced md your Mt Liberty to publish this LEI
ter for the information Of all concerned
be | am very respectfully, your obcdlcnl servant.
be JAS. WlllTCOMB
,r- Tur GREAT Whtney's Railroad
r's MAKING n stir in Europe. A correspondent of ii