Page 3 of Jan 23 1839 Issue of Indianapolis Indiana Democrat in Indianapolis, Indiana

Indianapolis Indiana Democrat January 23, 1839 Page 3 old newspaper archives

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Indianapolis Indiana Democrat (Newspaper) - January 23, 1839, Indianapolis, Indiana To a to nowt in tout Izettar for a report u it the life Ultima to cry iii us Opinio a of Iho attorney general to exec too tie solicitor Eon tend that m Tuiach of Pitt Ulm in the Bike of the extent info u now claimed Lute been suld by the United Suto fince the act of 1827, the title of the purchasers we Giuld be jeep added if this Elum is recon Nistl on the Amund that the act of 1827 was a Grant in Presenti and that one half of All Ibe lands that Sli Ould be Felind to lie within the disc face from the canal As tube sequent by Loi cited passed in Ore such location from tie i iii ted in to tes and acc Dino a a ted in the state that intermediate a ales to individuals would in derogation of the rial it of tho state and would be anti Ullett and Ali attic Purchas Cru could it a Haku iii a remuneration from the general Lovorn Merit. If this a a a miss auction of the act of �o837 Imp Correct it would Hutc been necessary for the purpose of avoiding Quot the disk cities Quot i pointed out by the solicitor to Reserve from Sale a until the Sinai it cation of the route a Quantity of land so very extensive ii could scarcely have been contemplated by Gross. I until an actual Surrey was made it was Uncertain it get Only hat the length of the canal would be but also Ivy Ether the location would not deviate laterally Ait indefinite dist.tnr4 from the present route. It would seem that the Grant made at it was without reference to specific or ascertained limits took a rect Only on a contingency which was i the subsequent location of the canal by tie state by which alone the limit or extent of the Gran could be i Xci or ascertained. The solicitor in tii Hites As it would apr that arising from conflict of title is tween the 8tan and individual purchasers in relation unit Rob on the proposed Extension would be so Mach d by the length of time Fiat had Lap a alter the Grunt in 1827, and a until the Extension by Indiana in 1836, As to Render the recognition of the right inadmissible. But the Eastern Extension by Ohio was not made until the Spring of a 1836, aleut nine years after to e Grant of 1827, and some munits after the Western Extension by Indiana. The Extension a Ohio was notwithstanding recognised Althof the lands had continued to a sold it after the Grant in 1s27, and fore the Alvins were made As appears by a letter of april s2,v 1834, from tie governor of that state to the Comini Mioner of the general land of iii which will be found with tho accompanying documents. These sales have been respected and Congress by the act of june 30, 1834, granted to Ohio other lands to an equal in count in. Lieu of those sold. It it May also be observed that if Congress had viewed the act of 1827 a a Grant in Presenti it would not have been provided by the 3d Section act of june 30, 1834, that until selections should be made on the route in Ohio the lands of each Side should let a reserved from sate. If the lands had already passed to the state such a reservation would have been unnecessary. I Accord with the attorney general s opinion on this Point of construction which if current wild operate Only to set aside All sales made after the selections of the lands or at inst those made after this officer was legally Aji prize iii August 1827, of the Extension. It is believed that but few sales Witlin the limits have been made since that time and of those few the patents can be withheld until the Lecis ion of the Questi Oti. If the right of the i it Tate is Rico Grised the Purchase Money would be refuel de to the Purceli Ivers existing Laws and tie settled practice of the of acct. Difficulties in car Rit in in act into Secu limit w of iii until a an impossibility it is suggested however can have Little to do with its Legal construction because it ought to Ini presumed that All the a Ircul ties were contemplated by the legislature. I am therefore of opinion that the state of in Diana not Only had the right to extend the route of the canal from the Mouth of i Tippecanoe to Terre haute but that it is duo to the United states that the proposed Extension to a navigable Point should be recognised and to hereby save the lands already sold for securing such a Public Highway for the use of the general government As required by the act and which it would appear from its face was a leading consideration in making tho Grant. Having intended when the question was submitted to the attorney general to govern my action by his opinion unless otherwise directed i have restricted myself in this communication the the support of the Only part of that opinion which is controverted the residue As obligatory on this oif Iee in the absence of other . I herewith transmit however the application from the president of the Iward it if Public works of Indiana and the two arguments filed in his office by a part of tie delegation in Congress from that state which were fore the attorney general for such consideration and advice in reference to the residue of the opinion As they Niay seem entitled to. It is suggested that As speedy action should had in relation to this question As May practicable to give an Opportunity to the members of Congress from Indiana should they think proper to bring tho subject before the body at an Early period of the present session if the decision of the department should finally be Advent to the claim. I have the Honor to be with great respect your obedient servant Jamus Vahit comfy Coitt. P. S. The papers Aenoi Nganying your letter of the 23d August last aie herewith transmitted. J. W. To the Hon. Loti Woon Benr Secretary of the Treasury. A to a up Eais a Jan. �o83d> to by old Fri wide g. P. B. A mud w. In Indianapolis. January �3. 1839. For the Democrat every body look at this. Any person who will inf uni me where W. Pruitt lives or where has settled shall be handsomely rewarded handsomely thanked and Long remembered for Suth kindness. Some of thie gentleman conduct together with his brother deny Prue shall appear before the Public in some Short time in it proper colors Dorcas to . Fryer Indianapolis Jan. 24, 1839, tie 2id, of this instant ii or. Adam Wright or. Ago apr de to Miil a Sarau Paggett a Pythis county. A slams we Bialk at this us their Aeao Eirtee in the Mon 4f the go Ai no wealth of the Huntr Nazim urea to lir be Legie Laton wis and Alired who Zubor for the pubic Good to give the simple multitude a Ietter code forgive me if i should intrude on your abode i Pray your honours to attend to some suggestions of a Friend tho they May not smoothly penned in Dassie lore if they shall answer some Good end i ask to More. I am told you have mud in trouble there. As Well a Little folks elsewhere misfit itunes will not even spare the Summit level. But each of us must have his share in Fallor Hovel. Should modifiers Quot rear and pitch Quot fight system men from Sifea to Thea and go Between from both sides itch to court a Brand in Remen a. We have get a Niche for Eadi to Eta iid i the subject of improvement then behoves us All to meet like men let no self interest Sway you when the balance turns but mind this Lessen from the pen of poet Burns Quot in gathering votes be were a Slack Quot i of stand As tightly by your tack Quot Neer claw your lug and Fidge your Back Quot an hum an Haw Quot but raise your Arm and Tell your crack Quot before them. The sovereigns of the land nay think. You care but Little for the chink and in the Quot Mammoth Schejner Quot would sink the Hoosier nation. So have a care or you May at a a the whole creation. Now some of is away up East have worshipped Long this Imam meth beast. And waited Lor a splendid feast to it rabble right use on but when our Hope on that have ceased w e be nought to browse on. Let Whitewater As Well she might Piear in mid Way of tie a lil and bracing up front left and High a it Sert har Power v mril be when brought in Contact tight. W my Coku around the Capitol i see. You be planted such variety of , Hoosier Forest tree. Long live the Sample to faster them supplies should be abundant ample the Wise projector merits Praise. And May his bust be crowned Raye. That future patriots May Gaie with proud Delight when treading these secluded ways by Day and Taij i. Farewell Farewell May each of you. Be welcomed Home in season due with Quot Well done servant Good and Trade Quot Clear from disasters and sometimes in your fancy View one of your master Sale of real estate. Notice is hereby Given to the Public that the undersigned Congimi miners appointed for that Pur Coso by the Marion circuit court will on monday the 14th Day of february next at the court House door in Indianapolis at 1 o clock M. In pursuance of an order and de Eree of said court made and rendered at the october term thereof 1838, sell at Public auction or i Vendue subject to the widow a Dower the follow ing described pieces of land belonging to the estate of Miles Martindale late of Marion county deceased in parcels As Here described Viz the North part of the West half of the South West Quarter of Section 30, township 16 North Range 3 East containing thirty four agree and 06-100 of an acre. The North half of the North Irest Quarter of Section 36, town it Bip 16, nmn a Range 2 East containing 80 acres and tie East Lulf of the South West Quarter of Section 3u town skip 16 North Range 3 East containing fifty four acres and 96100 of an aerie. Said several pieces of land Are situated in the county of Marion about six Miles North West of the town of Indianapolis. The terms of Sale As follows to wit one fourth of the Pur Clouw Money to be paid in hand and the balance in the equal in Sta menu in 6,12, and 18 months for which balance. The purchaser or purchasers shall give to said commissioner prom Isary notes the said Eom i Saipher giving such purchaser or Pareha ers a certificate stating that such pure beef or Par chasers shall be entitled to proper deeds of conveyance on full payment being made of the Purchase Money should such Aale be confirmed by Faid court. Asa b. Strong commits Nourr. Indianapolis Jan. 19.1839 drs. Dunlap Ackley. Have Lort Ueda Copartnership in the practice of physic and sub cry. Office a it Blaich Gnu. On Tenn tay the Bill making Furt Lier appt Opria Athene for it Madison and Rafii Yetty bail Road was take from tie table and recon omitted to a Teleet commit tel of messes. M Clure Bright and Marshall. Loveral a Foru were made to instruct the conic item to report tie Bill Back to the House wit i an appropriation of part of the $600,000 to be a Una to the Michigan Road which failed. On motion of or. Bright the committee were instructed to report the Bill Back to the House with an amendment which was to strike out $600,000 and insert $400,0t 0. The committee accordingly reported i Stanter. The report Wai concurred in and the Bill passed by the following vote. Those who voted in the air Irmatine were mess. Albertan Allison Arnold Blair Bren ton Bright Bryant. Bryee Carr of j., Carr of l., Champer Clymer Cogswell Coo ice Cater Dole Earl Egbert Eldridge Field Flint Graham Hanna Healey Helper Hendricks Heiri Man Hub Bah Hunt Hurst Jackson Jehnwn of Marion Johnson of Monroe Judah Kenton Kilgore Kinney Lane Lee Lewis Marshall Matson Mccarty Mcclure life Cormack mor talk Treovr Nelson Noel Parker Metaley Pei to mss it will Profitt. Pett it Saomai retry. Rusli,�ign�8jwui,ter�, tres lock. Vance Willey Williams i Leone h., Kiuon ofm., wines Wyma ii or. Speaker.�?71. I hic who voted in the negative were messes. Alley Anderson. Baker Boone. Bowles Brown Chapman Chiles Cline Conaway. Cotton of p., Cutty of s., Devin Eggleston Glass Jones Majar Mcnary Milroy Monroe Owen Rose Sands Stewart townsend.�?25.ji\diana legislature. In Senate. Of Koay january 18, 1839. On motion of or. Ewing of c., the petition of sundry Cut icons of Cash county praying a change in the Mode of collecting Debi &c., was taken from the table and it it in tred to a select committee of Messih. Ewing of c., Finch and Hoagland. The Meiki orial and joint Resolution of the Houise of representatives on the subject of the Cumberland Road wait read a third tune and Ivas sed. The Bill to require circuit Anil probate judges in file their instruction to juries in writing waa referred to a a elect committe of messes. Bryant Fitich Baird of st. Joseph Dunning Thompson of p., and Mitchell. The Bill for the further improvement of the Michigan Road coming up or. Colo moved to refer the Bill to a select committee pending which motion Mesaris. Kennedy Armstrong in offal and Bryant severally mov eel instructions when or. Clark of l., moved Liat the Bill and pimping amendment be indefinitely warm and animated look place in the course of which or. Bryant remarked that looped it Bill would be indefinitely of i i thi hop built it Mill Kyl a., lest vote. That was willing to modify and carry on the Vej Stem of improvement but should a single Dollar be appropriated to any new work would go against the whole system whether modification took plaice or not.�? would refuse to vote supplies to carry on our Public to Vorko i. Before any question was taken the Senate adjourned. House of representatives. Saturday Jan. 19, 1839. The House met pursuant to adjournment. Petition a a reat Ottil. By or. Owen of sundry citizens from Posey for a change in the Law regulating the jurisdiction and duties of juices in said ., referred to a select committee. Ibo from sundry i Titenis of the same county on the subject of an increase of the Stock of the Sute Bank and for the location of a Bank at mount Vernon referred to the committee on the Sute Bank. By or. Morrow of sundry Citi Lens of the town of Newport in Wayne a county for an act to suppress the Sale of Spirita in said town in less quantities than ten Glons referred to a select committee. By or. Truelock three petitions from sundry citizens of Scott and Jenifer a on counties praying for a part of Fulton county to it attached to the of Amer county referred to a select committee. By or. Hurst of e. Edger and others asking the incorporation of a company to construct a Road therein named referred to it select committee. By or. Johnson of Monroe of sundry citizens of that county on the subject of a suge route re Ferrod to a select committee. Or. Owen moved to suspend the Rales and take up the Bill to modify the plan of carrying on tie Public works dec. Which was lost ayes 44, noes 52. Fri by from a a Leet committee re it Ortega Ames and Charles Dew read twice and referred to the judiciary a Omin tee. Or. Eggleston from a select committee reported a Bill to locate a state Road in Dearborn county read and passed to a second Reading j or. Morrow from a select committee reported it Bill to Amend an act locating a state Road from Salem in Washington Monty to Charleston in Clrk not titty read and reported to a second Reading. . Carty from a select committe reported a Bill to change the name of the town of Chyten to Anle Isonville read twice and referred to a to Laird or. Hurst from a select committee reported a Bill to provide for a Survey of the enlargement of the town of Jeffersonville read three time and Smied. Or Kenton from a select committee reported a Bill the legalise the Acu of the Congimi miners of Jasper county Road and reported to a second Reading. Or. Hubbard from a select committee reported a Bill to divorce Lucy Hudson from Daniel Hud i Sun. Or. Cait Oil. Dot my ito Tegt it Tkv m. the Bill my a i grf Lime a of or. Kibby Iedd Bil a a wiped a noes s9t or. It tatar omd m calming Melti Imi Bieh we Jam m ibo tim. Met hed to tit the no limn 1% no a the Art few rep cml to re to tki Ali Why it Riwk tut thi add the in Teleai or i part thereof opon the Ina Emma Etc Ajmail a a a lit re sea oat Attlio or twin to thus know and to Hwy were ii fact by any action of Tea last be aim of tho Dituro Todora Wal aah eem Hoy has a mad thus and if any nce Cauly a ump car tip Ance of Epieh ubi it half Faamama a my unprecedented expedient and that a Topf of Reso latino in amed on sail a reply be request Forth Widl. Of motion of in Cotta Winter lamp Rio that the Csc atm tic of be to qom Elt a to report to thie Hove al or a map in in his Power Ali elder it Woald be practice ankle change fhe a tote of the or Iamb me Balgaa ibo Feu a to Para Down Memoir fit arid the a ankle Kee to the state Nile and a lie kor the rom would probaus sir Deml and greater Frei Tiaa for for ming a Pei feet Conory laii with tho us a Noia canal and Heuker each eat action a of a or would not. Inc Waal Malu Irisy do Uada Van the Michigan and Stit canal. Or. Met us Hall Mavrad to Takin of Tom Mil to pro vide for the Furtha coat auction of tho Madi Ioa Audi a mgt or. Pm omit Mott i to Amend by striking of $60,000 am in Nam a atm min a 4�o Bol carry. S on motion the to adjoin med in so nate. Mondat january i Icso. The presid it it Laid before t in Senate a fro u Thomas Itts of mount Carmel in Littlie Whiteh was referred to a select Sci Smittee of messes. Hargrove Thompson of p., and Moore. Or. Tul Gay presented a petition of in a Elfi tion to a m Adami Zed Road fro rii Jefferson Villa to new Albany which was referral Toa select Ohmi Itaev. Or. Dunning from the Tott tiiu a a on education reported it inexpedient at this time to legislate on the subject of cry a ing an office similar to that of superintendent of Pult Lic instruction in the states of Ohio and Michigan. The Bill to incorporate the Towata of Jeffersonville was read a third tine and passed also a Bill to incorporate intr Hancock guards a so a Bill to incorporate the Towa of mount yarn on. Bills reported by or. Tuley to Loeata a state Road from new Albany to Charle i it town read and ordered to a Ingrom a by or. Dob it on to legalize the a a of twin school lands in Green not tit read twice amended and ordered to be on grossed. The Resolution of the senator from Franklin re Akiva to the prosecution of our Public works introduced thursday .st, with ita a Nien dents wis taken up and indefinitely Posty Ned a is 24, com to air fit Rin act of tufted an act to Nabto a lie school Conilio Issi Onera of the several counties of this state to Correct there turns of the collectors approved february ift 1836 which was twice read Andre i rred to the committee on education. On motion of or. Finch the Rales were suspended and obtained leave to introduce a Bill to regulate taverns and Gre a Cerili which was read a ii act and second thine when or. Kennedy moved to refer it to the judiciary committee with instructions to repeal All Laws licensing the re tailing of spirituous liquors. Or. Finch moved to Emend the instructions by making them a matter of enquiry. On Mon tion the Bill was committed to a committee of the whole now. The Senate accordingly went into committee of the whole or. Arion in the chair after some Tinie spent in discussion the committee Rose having made one amendment. But bet re any question was taken thereon the Senate up. By William Kianicka in pleasant Tow Naip it Johnson Cobty . About the 1st of dec 1839, a Black steer with a White at Oak along Hia Back White Antler his belly and a White spot on his forehead supposed to be six years old marked with Aeroff of the left Emir and under bit oat of the same and a crop of tho rift appraised to 12 dollars by Jesse Weathers and George w. Berk a True copy from my astray Book. Given under my hand and Seal this 15th Day of Jan., 1839. Jacob Peggs A Public sale8 of United state land i Witt main Tetri tory deferred for three month. O june n Nike by Given Titt the Public Sale of lands ordered by proclamation of the reside in of the United states dated ctr july. 1838, to be held at the Laud office at Milwaukee Wisconsin on monday the Xiu Teeth Day of of embed next is declared to be deferred until and will commence on monday the �1gh Teeth Day of february next also that the Public Saie ordered by tiie same proc animation to be held at the same office on monday the tki Raduy amp is deferred until and Wil comin enea on monday tho fourth Day of March next ii Given under my hand at the City of w i9hhigton, this 29th Day of october 1838 m. Van Buren. By the i of silent Jam is wet Coli. Commit Tionta of the Ceneria Law a of acc. Mov. M. N

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