The Richmond palladium., 1860-07-19
From .he Indiana Journal.
A n lmtcrc>itng ExpOsure.Gov. "ss-
Bnrd's MANAGEMENT Of swamp
Land Affairs.
RESsssLAER, Ind. July 5. 1853.

Ed JoURNAL-My attention was recently
called to a speech Of Gov. Wiliards deiiv-
cred in New Albany on the 10th ult., and
published in the Weekly .Senttnei OF the 9th
ult The many gross mistatenents OF facts
in this speech would not have been noticed
by me had he observed the truth in speak
ing Of transaction Of mine. he says, In
speaking Of suit Of the State against Mr..
Merkie for an indebtedness which he allie
ges was paid off to the satisfaction OF the
Auditor and Treasurer Of State, that "Ihe
Republican Attorney who had been counsel
for the State, after he had received $3.50.
refused to surrender the papers unless he
was paid $3.50 more. That the Democratic
officers were unwilling to pay, thinking that
he had received sufficient tor doing nothing
towards the collection OF the debt. hap
pen to be the "Republican Attorney here
referred to, and the fact Of my being Re
publican is the sole and only reason why
this matter is dragged before the public IN
this false light. BY reference TO the 'Ke-
port Of the swamp Land Committee to the
General Assembly at its last session, pages
46, 81 and 4S-a statement OF the different
suits by the State against Mr.. Merkle VIII
be seen. including the one here referred to.
1t will there be seen (p. 4S) that the whole
amount Of fees and expenses claimed oy me
for attending to this case was $40. instead
Of $50 rs stated by the Governor, aud that
at the time he and his Treasurer of State
demanded surrender of the papers" l
only claimed As the balance due ne Sl3O,
instead of $50. as alleged by his Excel.en'
cy. And Instead Of my having done 'lofh-
ing towards the coll ction OF the debt
had been to Indianapolis twice, taking
lengthy dispositions in the case. and TO
Rockville in Parke county once on the same
business. and to lafayette and to Logans'
port different times to employ aud confer
with assistant counsel In the case. As TO
the $l3n balance that was due me, the
Democratic officers (for whom | have
personally high respect) did afterwards,
when my account was explained to them
afow and pay 1t aothtout obJect,oa so
much for this matter, SO lar as II concerns
myself.
A regard for truth compels me to notice
some of the other misstA.ements OF his Ex-
cellency in said speech. in regard to matters
of which I am personally coyniza He
SAYS in speaking Of Mr.. Merkle's indebted
ness To the State. that ''there Awas suit In
which the State claimed from him an in
debtedness amounting to about 5000, aud
that dsbt was paid to the. satisfaction of the
Auditor and Treasurer Of State" 1t will
be seen bv reference to the statement Of the
different suits of the State against Mr.. Mer-
kle, before referred to, that the first suit
commenced by me for the State against him
had been compromised by him with tho
State officers by his giving his note with
sure,ies payable to the State for the sum of
S23,47O 80. The suit spoken of by his
Excellency for "about S5,oOO." which (as
he alleges had been so amicably settled by
payment ito the satisfaction of the Audi.
tor and Treasurer If State" was the second
suit commenced by me on behalf of the
State against Mr.. Merkle and to the
amount involved in this suit, it will be seen
by reference 10 the Swamp Land Repor.
before referred to. page SO, that Maj Aus
tin NJ. Puett of Putnam county, (whose
/ Democracy is well known to all who know
bim, says in his sworn statement before
the committee that some time in the Fall or
Winter after Mr. Merkle had compromised
his first suit and given his notes aforesaid.
.'the Auditor Of State being informed that
Merkle was defaul,er 10 a much greater
sum, appointed me and two other persons,
who, together with the Auditor Of State.
repaired TO Rensselaer,, and there made
full examination of the Treasurer's (Mer-
kle's) books, aud found that he was a de-
fau!ter to the State for the amount of S34.-
587r' This amount was due the Swamp
Land fund alone, and included the balance
due on the notes given on compromise of
the first suit. 1t will be seen that this bal
ance must have been something orer So
OOO
Besides the certified abstract obtained by
me afterwards from the Office OF the Audi
tor Of State authentic ,,ed by the State seal,
in accordance with section 1So. p 1875 of
! lst r. s.. as evidence 10 be used In the
second suit, showed that this balance of
Mr.. Merkle's Indebtedness WAS about S'4.-
! oUO (1 have not now this abstract before
me: it was ,rrowed from my Office by the
! Deputy Auditor of State at the time he,
! with the Governor and Treasurer of State
we're here to settle with Merkle. and de-
manded OF me the papers as aforesaid.
which have not since been returned as
promised.) Again. how comes ii that some
weeks alter this alleged settlement with Mr..
Merkle, and the payment of this of
.aboui g., 900" tha. Mr.. Merkle stated 10
:. me that be ad not settled with The off GERS
of Stale, and that he would not settle with
them as they requiredl Aud why IS that
IL this little sum of '.about S5,00o." for
which Mr. Merhle's Republican supervi-
sors" had been chasing him with law suits.
: had been paid and settled TO the 'satisiac-
lion of the Auditor and Treasurer o. Si.te,' .
tha, the subsequent reports Of the Auditor
of State for 1858. 1889. and 1860 show
that no settlement had been effected with
him either for Swamp Lsnd or State reve-
nu-s? And why is j, that IL Mr. Merkle
settled and paid this sam of about $4,000.
|. Ito The satisfaction of the Auditor and
!. Treasurer of State" and a payment to sat
: is!aciion. every lawyer knows. imports a
settlement. and tha, a settlement legally in
cludes all matters at issue between the par
ties relating to the subject matter Of the
: settlement. (the parties in this case were
the State of Indiana. acting through her of
. fcers, and Mr.. Merkle, and yet how hap
pens it that Notwithstanding this settlemes
) by the State through Governor Willard aut
his subordinates with Mr.. Merk.e. and ths
: dismissal by his Exceliency OF the suit pen
- ~ E.r>u,t .y,u-t af fhrS rnunfr hx