Indianapolis Indiana Democrat (Newspaper) - January 23, 1839, Indianapolis, Indiana
Popular. Among other objections the people Bevel been told that the works were in equal or divided that the a yet iii we partial k unjust and that it would Lead to of Pree Eive and ruinous taxation. If sir the state were one great farm and i its owner i do not think i could Opien arteries of communication with Distant fits More advantageously for the whole than is proposed by our system. It ii certainly True that Many loints Are neglected and it is to be regretted that it is so by tit i Annot be expected that the state can accomplish every thing at once. It requires ume to do these things and when what is Bow undertaken shall be completed the state will most assuredly go Forward and do As other states Are doing a carry these facilities to every part of her Domain. As to taxation i hazzard nothing in saying that we can carry on our system to its final completion without taxing the people As heavily As we used the tax the old Piont ert of the state a 1821, 22, 23, where no works of this kind were in Progress. In 1821 22 23, the tax on 100 acres of 1st rate land was a 50 100. ,.1 25 100. 3d.1 00 in other words the average tax on each too acres of land for stat pair Poss was f 1,25, or afro dollars let Felt 4iarter Sec tion. Now at that time when the country was View and sparsely settled and there were thousand upon thousands of acres of government land to be procured at $1,25 per acre a Quarter Sec Tiou in general was Sot Worth More than $300 to $400. If then in 1821, we paid $2 of tax on a Quarter Section Worth $300, and paid 66i cents each $100 of value if it were Worth $400, or paid 50 cents on each $100 of value and if it were Worth $500, we paid 40 cents and that too for a state purposes atone Independent of the Levy for the use of the country about that time too we paid a poll tax of $1 for state anti 50 cents Lor county i assert that k poll tax of $1 and an and Valorme tax of -30 cents on each $100 in value will produce All the Revenue necessary to defray the expenses of the state government and pay the interests on the moneys borrowed and to be borrowed to carry on our system. Let Lis eee we have already borrowed $5,627,000, the interest on which has been fully paid up to the first Day of january inst. And Here let me make a passing remark that we ought now to have in the try Masury a Stii ien tsum to pay the inter >6t up to the Firat Day of january next but we have it not the Treasury is exhausted and we must probably resort to the wretched expedient of paying the interest or Ihu year out of the principal borrowed. That however is a subject that belongs More properly to a committee of this House my object is not to devise the ways and Means for this year Only but to show that for a series of genre we end meet the wants of the state by the tax i have proposed if not More than $2,000,000, arc borrowed we borrow an additional -2,000,000 this year then we must raise a sufficient Revenue and have it in the Treasury by the first Day of january next to pay the interest on $7,627,000 find defray the expenses of the state government also to pay say a half years interest in $2,000,000, to be borrowed in 1840. The interest on $7,627,000, with commissions Sec., according to report of fund commissioners of 21st december made to the Senate will be $395,369,25 one half years interest on $2,000,000 at Eay 6 per cent. 60 add expenses of state government 100,000,00 from this must be deducted the probable amount of interest on funds borrowed and on Deposit in Eastern Banks leaving to be provided for by taxation this year $555,369.25 68,273,00 $487,096,25 let us next see what Are the resources of the state. By an act of Congress of 2d March 1827, there was granted to the state for the purpose of aiding in opening a canal to connect the Waters of the Wabash River with those of Lake Erie a Quantity a a of land equal to on half of.4ve Sec Quot teens in Width on each Side of said canal a it from one end thereof to the under this Frant the state obtained 356,480 acres of land and it is probable in consequence of the Extension of the canal from Tippecanoe River to Terre haute a distance of 104 Miles that we will obtain 520 sections More or 382,000 acres. Of the lands first selected 260,006 acres have been a a id Ori a credit in part of 17 years and the present annual interest on the balance of the Purchase Money duo is $22,. By another act of Congress of 23d june 1836, the surplus Revenue of the slates was directed to be divided among the dig rent states. Our portion of this find Aii toured to $1,147,005,92. Three of it have been paid but the Payran it Ltd of the Barth was postponed by act of the last session of Congress to the first da5 of january inst., and the probability is that it will be postponed Forter. Of the thee install Nentz received two of to $573,j0i,a,�, psf distributed among the different con Tiew to be loaned out and the interest applied to school purposes. The third instalment Ai mounting to $286,751,48 was placed under the direction of the commissioners of the sinking fund and has been loaned out at an interest of 9 per cent., which is required to be applied to the payment of. Interest on the state Bonds Given foe the per it oses of internal improvement. The a mount the Fourt instalment was borrowed from our state Bank under an act of the last legislature and also paid Over to the commis finners of the sinking fund who Are likewise loaning it tit at 9 per cent or investing it in Bank Stock where it will produce from 10 to 12 per cent. Hut in care Congress fails to provide for the payment of this instalment As Che probably will do then the slate will have to pay the Bank 6 per cent interest on the amount. Of the 23,680,000 acres of Lind comprised in our state the Indian title has been extinguished to 20,457,394 acres. The auditors report shews that last year there were 8,337,122 acres taxable and that there is becoming taxable up to first of september 1842, the further Quantity of 5,417,242 acres. It May safely be calculated thereupon that of the 5,417,242 one fifth will annually become taxable in i is All brought in. This year to a Wilt be 9,42u,570 acres in our ame Jet to taxation. It May be safely calculated too i presume that other taxable will increase at the rate of 15 per cent. When we reflect How rapidly our state is populating and How much of personal effects is brought into it Independent of the Ordinary increase this ratio will not be found too Large. The Revenue then for this year will be made up As follows. Interest on canal lands $22,070,00 dividend on 3d instalment of surplus Revenue $286,757,4�, at 9 per cent. Dividend on 4th instalment being 3 per cent after paying Bank 6 per cent. Tax or $658,738, corporation Stock at 30 cents on the $100. Tax on 9.420,570 acres of land Worth at $8,50 per acre $80,076,845, the avar ago value of land lat year and year before As shown by auditors report was $9,19 tax on $44,728,647, prob Able value of town lots and personal property in 39 90,000 oils 25,807�67 8,602,51 1,976,21 240,924,53 134,185,94 90,000 $52-i,866,�6 if there be an Nodi Titi of $5,000,000 to the Bank capital As is proposed and which no doubt will be done $2.000,000 us year the dividend on it in l�46, Toge tur with the Revenue produced at 30 , on the increased tux Ables of the state will Nett Asutin client rum to Mattei the increased denial ids on the Treasury and so on for several succeeding years. But besides All this the state has 96,473 acres of the Wabash and Erie canal lands indisposed of Worih-$7, per acres which if sold As they ought to be would produce $675.311, and the interest on this Oitim could be added to the annual Revenue. And if thecly in on account of the Extension of the Wabash and Erie canal in be cog ised the state will Soen have the addition Quantity of 33-2,800, acres to Aid in the prosecution of our work it. With these resources is not tho state Able the carry on the system and if we Sre Why not go Abr Ward Why falter at this stage of the works when we Havee Pende i near $5000,000 and a under contract to Vipond 3,500,100 dollars More the question is not whether the under dking was originally judicious the discussion of that question is posed the by Stern is upon us and it is our duty As Wise legislators to View things As they Are and not As we would wish them to be. If we recede we must Loose All that has been expended if we go Forward we May Hope in a few Short years to see commercial facilities within the Roach of every citizen. If we recede the landed property of the state will fall in value More than twice the entire Cost of the works if we go Forward it will increase in the same proportion. We must go Abr Ward there is no other alternative left us. The credit and plighted Faith of the Quot tan the Best interests of the people require it at our hands. Of Kaii. L4x� Orrick december 11, 1838-Sta your letter of the 23d August Lut train knitting a copy of the opinion of the att Orisey general Upun tho questions it resented in Iny letter of the 26lii july iii st having been Receil Rcd it Titis Ohice during my absence and sup Pocius tie subject was still before that officer i was not aware of its existence until on inquiry into the action on the application therein referred to it was recently brought to my notice. In Eoina Fiance with the request contained in your letter that the opinion should be examined by tie and solicitor and a report made of any objections which i in their opinions Wight be taken to the views therein expressed or it the diff Hultins in carrying the same into effect i have tho Honor to transmit to you Trio report of the solicitor of this Ohice on the subject with the subjoined roi Norks suggested by a perusal of that document. Being a citizen of tho Sute whose interests Are involved a the question and the owner of real a drop i to nearly adjoining the pop used Extension of the canal i had already Felt i a sense of propriety and in accordance with precedent in my letter to you of the 36th july last asking to opinion of the attorn general declined of dosing my views on the Itie Riu of the claim at coat ulling the proceeding a of this Olyce on the question deeming it proper to govern Luy action on the application by the opinion of the attorney tineral. In submitting these Brief suggestions in compliance with your request i shall there we re sport fully decline any oficial action upon the opinion expressed in the u until the necessary instructions Are Given by the supervisory Power. It is respectfully submitted that the reasoning adopted by the Moli Cipior docs not invalidate that part of the attorney uen Enil s opinion which affirms the right of Indiana to extend tie Wabash and Erie Zihal from tiie Mouth of Tippecanoe to Terre haute. The act of 1827 granted the lands for the canal to Indiana subject Only to tic follow iii condition a Viz the canal was to unite at Quot navigable pm hints Quot i the Waters of the Wabash River with Liose of j Lake a air the route to be agreed on by tie Shate the work to be commenced within five and Cem plated within Twenty years and to remain a Public Highway for the use of tie United is utes free of any charge forever. It was Furt Lier provided that. Should Tite state fail in commencing and completing the work within the time pc ascribed the pro Cecys of lands sold in the mean time under the Grant should be refunded to the general goes ii ment. The policy of the Law is not now a per subject of discussion and it was doubtless supposed by Congress but in giving to the state tie Power to determine what were the Quot navigable Points Quot that Power would not be abused because the land granted would in All probability fall far Short of the nil of the canal and the amp tale therefore could have no inducement to extend it further than necessary and on the other hand the United Ait Atea could not derive the most Init Grunt Benefit contemplated by the act unless it was extended As far As Nee Nesary. Had the Sute determined what a re the Quot navigable put hot Quot before the act of s7th january i83author izing its Extension to Terre haute tiie Grant was made by von grata in 1837. To save the Grant it was necessary for the state tip commence like canal within five years thereafter. I o enable the state to do this it was deemed necessary to sell a portion of the lands. This she i had a right to do by the act on the condition Fiat if the canal was not commenced and completed As required by its terms the proceeds of the land thus sold Sli Ould be Refu Situu to the United states. But to that end it was incumbent on the state to Quot locate and agree Quot on at Sast a part of the route of the canal Lief re any lands could be selected for Sale. The act of the legislature of Tite 1 a slate designating the route of the canal was Ai it i proved 23d january the 4th Section of j that act provides that the line of the said con template canal As surveyed and marked and platted by tie Engineer of thu United Statis As tiie same now stands altered by the cominis it iii ers of the state of Indiana As by them surveyed marked and i Ait a the timid notes and plats of ail said surveys Are now in the Tolice of the Secretary of Titis state be and the a tame is hereby j of the Lime Bein adopted and established As the line of said canal subject lid Ever to such alterations As the chief ii Nuat who May ite employed by the state of Indiana to Sujie intend the con j str Clion of said canal May find it ii Cussary for the interest of the shiite to tie route of the canal Allu led to in this so Eliot is stated fin the letter of David Burr the president of the Board of commissioners of the canal communicated to the then commissioner of the Cie neral Lund office bearing Date 2tith May. To lie Quot the route levelled and surf Ltd by colonel ivi Oore United states iii Ginger Truin the Junction of the Tippecanoe with the Wabash River on its North Side to the Mouth of Little the line thence passes up the Northwest Side of Little River to Portage Prairie within six Miles of the Junction of the st. Joseph s and st. Mary s Rivers thence across the st. Mary s River near the Mouth and Down the South Silt be of the Miami of Lake Krie to the Ohio Sute this letter was communicated fat a the purpose of procuring a selection of lands and a selection was made tor Liat part of the route thus located. The question now occurs did the state by the passage of this act followed by this selection of lands exhaust her i it Ower to Quot locate and agree on the route of the canal and thereby fix the sup to sed Quot navigable Point Quot to maintain the a formative of this question the position nest be taken that the stale could act but once in Lucas iii the route. If so tiie state could not do Scirati to Ohio the Rig lit of extending that location a right which on tie above a hypothesis Indiana had parted with by her pref Dent action. Yet we find Liat by a joint Resolution of tie legislature of Indiana of Keb Rumary 1. 1834, the Rig it of that state to that portion of the canal Grant lying within Ohio was actually ceded to Olio on condition that tho latter a Ute should construct that part of thu canal lying within her territory. The state of i a Hio accepted the Grant on the terms pro Hgt sed by a joint Resolution passed feb. Briary 24, 1834 and on the 8th Day of april 1836, the route from in first Eastern at the Ohio state Liuz to tiie Mau mfr Bay on Lake Erie. Congress by the act of june 30, is 4i, admitted the right of Ohio to make the Extension by granting lands in lieu of those previously sold on the route of the can a �l-c., to be selected elsewhere. The right of Extension is not expert tit granted by the Luis tested act that not being consider id necessary but by grunting additional lands for the Etc Misiou the right of such Extension is tacitly admitted. If than the act of Indiana of 1329, toxin the route from tho Mouth of tip Cali do to the Maumee of the Lake at the Ohio line precluded tint state from making a further location tie right of Extension on the part of Ohio involves the Legal Absurdity that a practice can exorcise a Power by virtue of the Grant of which the Grant or was divested at thu time of the Grant. Ohio had no original right to the canal lands within her limits by a Grant from Congress. She acquired them alter they were granted to Indiana by cession i oui the latter state. If 1 rightly understand the solicitor s argument he contends that the Paw i was a a lausted As to the Western term tuition but not As to the a astern. But it is Sunna stud wow thi Ltd sult i a Disimi Naclion does in fact exist i to to a nuut Quot is Point on the Miami or Maumee of the Lac at the Ohio state line tie Tow the Confluence of the st. Joseph s and Mary s Rivers Llie Riv it from this Point As i am informed by members off Cong Reaa from Indiana is at times navigable for descending boats. It would seem therefore that the Eastern end of the canal As fixed by tho last Elt it act is at a print Motif in nay navigable and from the application fild sustained by the history of the country this is All that can be said of the we Stern end. It is Well known Liat there Are few of even the smallest streams in the Western states flowing Genii rally As they Dot Iron a a Champaign Conn try that Are not swollen ity Rains but a canal that could be used Only Darin the very Short time that such streams arc no i it Ila would be at once Abani Kmieci As a source of expense. Aside from this Vine to contend that the we Tern termination of the canal was final i to hts presumption that it is at a navigable Point and that til Eastern a it a Minati a at tie Ohio it the line As originally Maili it was not final on the Spix Siliati that the Maumee of the Jakc at that Fiji it was not navigable it is Sutti Sittni is a Lic Ging of the question which is in fact whether the Mouth of the to it pc anon is a navigable Point. If it be not it Wou lil seem that the same right now exists the extern the canal further Down the latter River that authorized the of the Eastern extremity to the Lake. It is submitted that from the Olk Cial proceeding a and Corren Kin Dence bearing on the ii titter there is e Jual Rea that the Sute regarded the Eastern tempi in a As first located As at a navigable Point. After Tow first location of the route of the canal from tie Mouth of Tippecanoe to the Ohio i Tato line the legislature of Indian i by the 11th Section of the act of 1st february 1834, declare al Quot that the line of canal rate As surveyed marked Ami platted by ii. Sun Bury United states civil Engineer which commences at tho slate Lino dividing Indiana and Ohio on the South six to of the Maumee River and is thence extended Down the Valley of the South Side to within Aluta mile of Defiance thence across said River to the North Side thereof thence Down the Villey of the North Side to the termination of the canal below or near tiie town of Maumee the a it a plats courses and distances of what Are in tiie in the Olyce of Secretary of state be and they arc hereby fur the time Hainje adopted and established a the line of said canal sul inject however to saudi alter Lions As the ii Jinever or other Pel sons employ e j to Aufieri intend the same May find necessary for its cheap Safe and a remanent construction to by tiie s3d Section of Liat act it was provided that Quot should the state of Ohio at its present session pass an act by which that state agress to Acci it of the canal Lails lie longing to this 9late, lying in the Sute of Ohio on tie Tenai and conditions proxy Rietl by this state alien and in that Case the prove pm ions of the filth 15th, and 16th Selt tons of this act shall be iii Opi alive and Ono in pre Parili Tow statement of tiie present a latin in this Ollk tor tie a Pinioli of the a Toniey , Tom clerk having that Mailer in Chart. Incur it or Iti a tie Ciupy of a Lutter from a Forim a Juv or Vincnt of of o to one of my a Redecch sors which was then believed to have a Lica Rizig on the sub Jih to in which the above rated filth action was Witik cited but not the Sid Section repealing the same on condition that the slate of Ohio acceded to the Grant. I was anxious Liat every fact lam he until in Tekien by Giuld bus Ami Lteif Quot to the executive Law of firer fir his opinion on tia ii lire quit Tiomi Moas to obviate tie Noces a to of a Fui Lher submission and reposed entire a that every important of Indiana a tin to the subject had Bra ii Furini Islieb by the governor of Ohio the rights of which state As the grantee of Indiana were afle red by thin. The accompanying documents being very vol in vinous and the existence of the Sec tim not Teing at the time present to my mind if it Ever had Lieen i was not aware of the omission. The error if it in one it will therefore be seen is re Ferris la in the first instance to the letter above allow led to in which i in View of the iii frosts of Ohio is insertion would dial rally be expect us. It will be seen from the accompany in r report of the solicitor that he is of the opinion that had the attention of the attorney general Lieen called to the omitted Section his opinion we mls have been Adverse to the right of Extension. On this Point i am constrained to differ with the solicitor 1st. Because if Indiana had sex handed her Power by the first location she could not Summe Henlly extend the location As provided in the above cited 11th Section which being in that Rase a nudity the 23d Section refi Ealing it must or flunks and could have produced no eff tvs on the mind of the attorney general and if the state had not exhausted the right by the first location which supp Silion could alone justify Ohio As her grantee in making the second location she has the same Richt to act a third time if found necessary to Elt actuate the objects of the Grant. And 2d. Because on reference to the opinion of that of flier it will int seen thit he Lioi a not base the right of Indiana to extend the route to Terre haute on the Extension by Ohio to Maumee Bay. Of a preset Lens but directly affirms tho right claimed by general reason new on the language Antt Apirin Erthe act. Am subsequently mentions the us tension by Ohio As la eing in no con Lance with the principles established by Liat reasoning. It is objected that if the right now claimed is conc need Liere is no Security against the state s making a further Extension to tie Mouth of the Ohio As the stale of Ohio has already extended her part of the canal to a Bay of i Ake Erie. But the Law of Indiana extending tie route to Terre Haule not qualify it As fixed Only Quot for tho time living Quot As was the ease in the two previous Laws indicating the temporary location. The i Terre haute Bis sides is connected with a Vithen Conal to 1� constructed at the a pen of Ali state which extends to the Ohio River at Evansville. Alive the Mouth of the Wabash and roil Isth Appi wended a Lensi a to the latter place i tally superfluous. It is also of Pressly suited by the authorities of the state in their that the termination al Terry haute i to be Reg irked As final. It he comes therefore is rarely necessary to add thai tho Suji wired in Poncy of exuding the canal to the Mouth of the has nothing Todd we a. The Abul act que cation cd right