Indiana Palladium, Volume 3, Number 34, Lawrenceburg, Dearborn County, 1 September 1827 — Page 1

m EQUALITY OF RIGHTS IS NATURE'S PLAN AND FOLLOWING NATURE IS THE MARCH OF MAN. Barlcw. Volume III. LAWRENCEBURGH, INDIANA ; SATURDAY, SEPTEMBER 1, 1327. Number 34.

ME 11 RILL vs. GOVERNOR.

A few weeks since, it will be recollected, a notice by Mr. Merrill "To the Public" wss inserted in the Palladium, in relation the differ uncea existing between the Governor and him self, in wbich he proposed laying before tb puMic such evidences in support of charges made against Mr. Uy in a previous publication, as he should be able to procure. In fulfilment of this promise Mr. Merrill hS recently publish ei, at f'ldinn -polis, a pamphlet of 24 pages 01 the controverted points ; ten of which are ukrt up in pr Iim'mary remarks and a recapitulatioi Of lb publications mde by himself and the Go eaor; (as inserted in the 29th No. of the Pal laclium ;) the rt mainn g pages contain comments and certificcteg, in substantiation of the charge heretofore txh bittd, and arranged in the snr.' order. ILtving published these charges, as wel. as Mr H.ij's address to Mr. Merrill, we deem it a duty we owe to the parties and to the public t give Mr M'a exposition a place in our columns leaving the public to draw their own conclusion from the facts and arguments submitted, and be submitted hereafter. On thepartof Mr. Mer rill, the case may be taken as made out, t therefore only renrnins for the Governor to mk out his defence, and the matter is fairly befort the public. The pledge that was then given, will new be attempted to be redeemed. The proof submitted may not have the precision that is required in a Court of Justice, hut as the Governor knows what can be proved there, and therefore dares not give me the opportunity, he should not

complain for the want of more certainty.

when it is his fault alone that legal and indisputable evidence is not obtained.

Of the statements relative to his con

duct in this place, there has not beer much difficulty in procuring proof, though as to his inferences in the election, and

the frauds he has been guilty of, but a small part of them will be mentioned. Some of the parlies concerned are unwilling to have their names appear in

print. lth several others since my null lication,he has made settlements, and paid what he had before insultingly refused. What has teken place elsewhere, is more difficult to be proved. Many of the witnesses I am but little acquainted with, and therefore cannot with propriety address them: others know only a part of his improper conduct, which convinces their own minds, bnt they are unwilling to make statements for the public unless they can be supported by other misconduct and further testimony. But when it is found that almost every kind of disgraceful action is in character with the

man, much that is now kept back will no doubt contribute its share to azvard him

leach other, it would have appeared

strange if the last created had been the first organized. The consequence of the delay in both cases, has been the loss to the state of the revenue of both counties for the year 182G; for if they had been organized before May, the revenue would have been assessed and collected as it always has been heretofore from new counties. The certificates of the Auditor and Postmaiter respecting his having drawn money improperly from the Treasury, explain the statement on that subject,

and are here inserted: I certify that the State of Indiana is credited with fiftv dollars, refunded to the Treasury, on the 2rd Jan. last, by James B. Ray, for that amount over-paid him for house rent: that in making out his account for salary due the 12ih of February last, the sum of thirty-six dollars thirty-seven cents was deducted from

it, for a former over-payment of his ex

ecutive account: and that the legislative account of James B. Ray for the year 1025, certified by him as president of the senate, contains a charge for 22 1-2 miles more than the charges of other Representatives living at the same place; and that the one half of the travel charged

to the State for that year by him, if ever performed must have been done while

receiving pay as acting Governor. I further certify that I was present at the Treasurer's office, when the Governor came to examine his accounts, on the 3d of January last: that the Governor, at first, used very violent language to the Treasurer, and denied having received any more money than was due him; but, after examining the receipts, he admit

ted the two over-payments first above mentioned, and at that time settled 50,

iut said that the other was the fault of

the former legislature, in paying him for

his services from August to December,

and not his business to rectify. He corn-

it appears, that the electioneering quarters are about three times as large as that one which precedes and that one which follows them. Finding the materials collected to be more voluminous than was expected, it is thought best to insert the statements furnished me with but few remarks. I certify thai in the year 1826, when Gov. Ray and myself were endeavouring to make a contract for the carpenters work on a house he was preparing to

build in this town, that he proposed to me, if I would accept his offer, which he

admitted was very low, he would make

it up to me, in a house, that should be afterwards built for the Governor in Indianapolis, by the state. He said that the next legislature would order another sale of lots and direct the building of a Governor's house, aud he should be the person authorized to contract on the part of the state, and as the money to pay for it would not be his own, lie would not be limited with it, and I should have the

carpenter's work for that house on good terms. These remarks were repeated to me at different times, by the Governor,

just before the contract was made. The

bargaining for the work was done by me with him, though Henry Lanius was a partner with me in the job. I further certify that in making the contract and afterwards, no opportunity was omitted by the Governar to defraud me. The written article, which I trusted him to draw, did not correspond with

the plan ot the house and therefor" could t- i - ... ...

noi oe complied wnn; and it uid not

county, and wished to know if this was the case. I told him that it was. He then said that I had been friendly to him, but that if I supported Morris, he could not consider me his friend any longer that I must choose between them, and give up one or the other. J. CRUMB AUG H. July 4, 1G27. The foregoing interferences in the election are but a small portion of what mh'ht be mentioned, and are a specimen

of what was addressed to many persons,

anion c whom are Judge Harding, A. .

Rred, and W. D. Rooker, Esq., the lat

ter of whom was a candidate lor the le - . m 1

gislature, and publicly declared in a speech, on the election day, in the pre

sence of the Governor, that he had Deen

offered a bribe of honor by the Governor to decline being a candidate. Information has also been given me ou undoubted authority, of interferences by the Governor in three other election districts in the state. The G-wernor also turned out here on election day, carried tickets, and commenced at least two public and violent

altercations in relation to the election

with two of our most respectable citizen-?,

to one of whom he stated that he doubted his republicanism ou account of his voting for .Morris, and the oiher was on

the same act ount an enemy to his coun

try

I certify that Governor Ray was indebted to me in the summer of 1 02G, in a

small sum for plank which I had tarnish

ed by his directions for his house in In

- w '-wuij'in.u nil , lim il UlU IlOl I V - - - --- state as was intended, in what manner a dianapolis. When I spoke to him for

considerable part of the work was to be

done. It was understood between us that where the quality of the work was

not otherwise specified, it should be like

The

msiicc.

plained because he had not been told of

these mistakes earlier, to which the

Treasurer replied, that he had mentioned the subject to the Auditor, consider

ing him the proper person to correct mistakes of this nature, All of the overpayments, as well as something of the

same kind on the subject of posh.ge, had

been mentioned to me in the fall, and I had concluded to endeavor to settle them with the Governor, the next time he should call for a warrant, but this was not done till the 3d of January last, the time mentioned, at which time 1 told him, and the same thing was advised by the Treasurer, that, as there was salary due him,' it would be best for him to make out his account, take out all that had been improperly paid, and draw for the balance, but this he refused, He said he would set lie. the over pavment for

(house rent, which he did, but the other

was the mistake of the Legislature, and the mileage and postage were too inconsiderable for the Legislature to notice. The 3C 37 cents was afterwards coltied as above stated. VVM. II. LILLY, A ad. Pub. Acccimls. Indianppolis, July 23, 1S27.

the work in J. M. Ray's house

Governor afterwards at different times

? directed the work to be done in a better style than had been agreed and promis

ed to pay accordingly, and though the

work in many parts of the house was done in a much better manner than it was to have been, he altogether denied what he had said on that subject, and re

fused to pay any thing for the extra work

A a . f ..1.1

Amongst olhor acts that have oecn

brought to my knowledge by this discus

sion, the following is selected, as showing

tile regard he pays to his oath of office.

and to the laws and interests of the state:

By the "act to pn vide for carrying into effect the laws in new counties," page 257 of the Revised Code, it is made the fcduty of the Governor, whenever a law creating any new county shall take effect, to issue a writ of election directed to some person whom he shall appoint as sheriff, requiring him to cause an elec

tion to be held" for proper officers. The' 1 certi0' that ho accounts against Jirne3 B

n i ... . . cj

law creating Tippecanoe County, a? ap u,r au nie Ieller dnd newspaper postage had built a house on, The lot was valued pears by the laws of 1U25-6, p. 14, took 8t thc post cfIke in I'an-ipohs. whilst I was;on the part of the state at 90. But the

cliect the 1st March, 1S2G; yet, though "l "lJ,,1Q ai" "" ' ""i IU- Governor in order to turn me out of the

house I had built and ruin me, run the lot

J up against me to $200, intending I have

the pay, he positively denied his agree

mcnt about the plank, and refused to pay me, so that alter notifying him of what

I should do, I sued him for the debt. Af

ter the Summons was served, instead of

allowing the case to be tried in the usual wav he came to me and threatened to buy up notes on me and ruin me, unless 1 would" dismiss the suit. He also went to a justice of the pcace as 1 am inform ed, to inquire where he could buy claims on me, in order to have the pleasure ot suing me. When the case came on for

trial, he attempted bullying again, bull

which must have considerably exceeded 'replied to Uh language in terms which I

fifty dollars in value. The precise a- thought it deserved, so that finding his

mount I could not ascertain, as he would not let me measure it. At one time he got from us, by mistake, a receipt for five dollars more than he had paid, which we never could get him to rectify. At another time we gave him a receipt for fifty dollars, which to get in cash, we agreed to take in satisfaction of a much

larger amount that ought to have been paid us, but when he had got the receipt he kept back ten dollars, saying that he would pay it shortly, but this he refused except in store goods out of his store. On these accounts and much other ill usage too tedious to mention, I conclud

ed to leave the work. Lanius and my

self before this tim? had divided the work at the request of the Governor and my share was all done except the finishing a chimney piece and thirty one days work afterwards done by Mr. Evans At the sale of lots in this town in Mav last, I was

under the necessity of bnyinga lot which i

violence and threats disregarded, he paid me the debt and costs, and the latter I paid over to the justice. SETH BACON. July 27, 1S27. In the spring of 132G, William Bay and invsclf undertook to put 110,000

brick in the wall of a. house in the town of Indianapolis, for Governor Ray, by measure, for which he agreed to pay us

GOO dollai?- in the following manner, to

wit: 250 dollars in money and 50 dollars in goods, which was 150 dollars each, and 80 acres of land which war represented bv the Governor to Mr. Bav, to lie in the Walnut Level, in Wayne tountv, Indiana, for the other three hundred

have been informed by . a respectable gentleman from Wayne county, a representative, that it was not worth more than Congress price. I lost full 200 dollars on the contract. My prej.eiiy was sacrificed under execution, and I was reduced from the treatment I received from lite Governor to a state of ruin, But I thank God 1 am beginning to revive again by industry, and yet hope to recover my loss. When I commenced the business I had the most implicit confidence in the Governor I had supported his election, and from the high station he occupied, I could not have been induced to believe he would have treated a poor man with a large family of children as he did me;" in this I was deceived. 1 was advised not to go to law with him as he had the;

advantage of me in the contract, and

that I did not stand on equal grouinls with him in a legal contest. I have nc

enmity against the Governor. But 1 live

in a free country and tee! mystit a tree man. And though wealth and power5

and high official station may deceive and oppress 'me when they have the advan

tage of me m a contract, they never shall deter me from asserting the rights and privileges of a freeman. THOMAS HO AG LAND. July 17, 1827. State of Indiana, Marion county. PERSONALLY appeared before rac the undersigned, a justice of the peace for -Marion county, Thomas Hoaglandj who has subscribed the foregoing statement, and upon oath states that go far as he recollects the contract and transactions, and so far as they are set out in that statement, they are strictly true. Given under my hand and seal this 17th

dav of July, 1 827. HENRY BRADLEY, J. P. l. s. In the spring of 1826, Governor Rar and myself at several limes were try ing to trade. He wished to employ me to build him a brick house, in the town c Indianapolis, and as part of the price in payment offered to give me 80 acres ol land which he said had cost 4 an acre at the sale, and that the land lay 4 or 5 miles north west of Centreviile, in the Walnut Level. The Governor afterwards traded with William Bay and Thomas Hoagland, and told me I had lost a bargain, that he had sold the same land to them he was trying to sell me. Given tinder znv hand this 20th day of July, 1327. " B. SALOR. In addition to what has been stated by Mr. Hoagland and Major Sailor, respecting the gross fraud practised by the Governor on Messrs. Bay and Hoaghnd,lhe following in addition may be relied on The Governor in making the agreement and in talking about it, always took Mr.

Bay aside so that no witness might hear his representations. He repeatedly described the land as lying in the Walnut Level, in Wayne county. He said that

it had been bought by the lale Mr. Boo-

dollars. The money and goods ail to be U.Qr at tue first SIi? ancj lnat four d0aT$

applications appear to have been made 11 V l) u n'3 .r n, c reSu- ; . . .K -1 WT ,Hr,y orJereJ hyhimto be paid oat of the fctate

pointed, nor the writ of election issued) thi. M . ' understood to get my property into his

uiuwv' iuu u ni vvoi o i ui i urinr utnur irni . -

till the 22d of May, as appears by the re-ma,lfi by hlra for prirate postaa and settled out,ll;inds force n:c cords in the Secretary's Office. The 0f his own funds. also, previous to tl

tirst recommendation cfsherilf, i- dated

20th Jan. 1 826, addressed to the G overnor and signed by Henry Resting & Isaac C. Elston. A second recommendation

S UEL HENDERSON, P.M. Indianapolis' July 23. 1327. I certify ihit during the ahsence of Mr. lien

dcrson. in th first year of Mr. lily's actinias

was mailed at Crawfordsville, April 13, Governor tfte concerns of tho pot office were 1S2G, which is signed by 31 citizens ofmanaged by me, Bnd that all the letter r.m! Tippecanoe, who, on account of "laying: newspaper postage during that time, was paid under many disadvantages, for the wantjoa the Governor's order, out of the State Tress-

to a settlement. He

the sale, as I am inform

ed, prevented my selling my improvement by threatening to run up the property against any one who should buy it

i.i t i i i. ,i

paid ana tne land conveyeu on or wi'iuie the completion of the j ob. 31 r. Bay was to make the brick and deliver them burnt at the kiln. My trade beii.g that of a

brick layer, I was to haul and put them

an acre had been paid the U. S. for it, and that it was well worth 300 dollars. The Governor at the time the contract was made was the owner of land of tha

above description, and as valuable as

;n the wall, iindtntr lime anil heingat tne!otafPfi T1r Rav nhsrnnrntlv unt

entire expense of laying them up, which' Wavne county and learned from the was to be done under the Governor's di-jfj aulhont y" that the land c onveyed

recuon. ne cnai.eu n.s piau uum to him and Hoagland by the Governor.

did not he in the Walnut Level, but in a wet beach flat; that it had never been owned bv Mr. Booker, nor sold for four

jsnacc netween partitions, ana out one dollars an acre , and that no one could be

commenced the work, and gave me much

trouble for which he cave no extra pay. The wall was verv long and a nreat

o! inc.

of a regular form of government, pray

for the appointment of a sheriff and an order of election as soon as may be." The appointment of the sheriff was forwarded by a gentleman from this place

the 23d of May, but the writ of election,

though then made out, was held back.

how long it does not appear, but so long

that it became necessary to postpone the time of holding the election from the 3d Monday of June, to the 24th of that month. This unprecedented delay is un

derstood to have, been for the purpose of favoring the views of a near relative of the Governor, who was a candidate for the clerkship, and who needed the delay to make himself eligible. The law creating Fountain county took ciTect the 1st April, but the sherifr was not appointed until the 2d May, nor thc writ of election issued until the 12th. The delay in the last case was probably occasioned by thc first, for as th counties joined

ury. JAJJC: ULAKE. The 19th section of the 4th article of the constitution declares, that the President of the Senate when acting as Governor, shall receive the same compensation which the Governor would have received and no more. Yet Mr. Ray thought proper to certify and draw his mileage as Senator for service never performed, and while he was receiving pay as Governor. In addition to the other over payments mentioned by the Auditor, by re

ferring to the laws of last session, page 8, it will be seen that instead of 200 being appropriated to him for house reut as usual, only .$1G1 10 was appropriated, as the Governor notwithstanding what had been refunded had still anticipated to the amount of the difference between those -urns. The amount of. private postage ordered by the Governor to be paid out of the Treasury must be known only to himself; but by the quarterly allowances

brick thick; and he not furnishing joists

and the necessary timbers in time, the wall sprung, and I was compelled to take

found who would give half Congress price for it. From information obtained from another source,! have reason to be-

it down and put it up again without any;i; tn t it : jani subsequently rrc-

t : a td m

NOAH LEVERTON. compensation, though the fault was not Cl3red lhat had been given by a Mr.

thismine; and for this he positively reiused; $oy5e as a fee on his trial for horse-stcal-

Sworn and subscribed before mc

11 th day of July, 1827. HENRY BRADLEY.

Justice of the Peace, l. s.1

to pay any thing. If the timbers had: jng? j Fayette been furnished in proper time, the wal)DCCan,c acquai

would have stood firm.

1( j . i i , jhme and hiring hands to aid me in put-

Hooker came out. that Gov R.v m.t me nn'!?.inS UP lhe M ilil amJ purchased more

the pavement nearly opposite to the Washing

ton Hall, and rtqucated I should become a

candidate to represent Marion county stating! me m tne out-set; a great portion of the at the same time Mr. M.irns must be put down, Time I lost. The first fifty dollars of the

pay that come to my share he paid cheerfully; but in all subsequent transactions I had much difficulty. He re

fused to accept orders drawn to be paid

Rainsl

as there was a combination forrxnu"

him (ior. Kay), and he believed that Mr

Morns was in the combination. The Governor stated it was natural to oppose those that oppose U9; 1 stated it was. lut I did believe Mr. Mortis was not a political or personal enemy of the Governor. Uut he replied tie was, and must be beaten at the August election. S. G. MITCHELL. Indianapolis, July S, 1827, I certify that Governor Ray, to whose election I had been very friendly, came to me a short time since and observed, that he had understood that I was favorable to the election of Mr Morris in this

county. When Mr. Bay

quainted with these facts he

first attempted to settle peaceably with

I was at great expense in purchasing';lc Governor, but received nothing but

abuse, and several attempts were made by himself and friends to induce the Gov ernor to give him some compensatioHi but without success. He and Mr. Hoagland then applied to two attorneys to commence suit for the fraud, and were advised that an action could be maintained, and a declaration was drawn for the purpose of filing in tne Circuit Court of this county. The Governor being in-

lime with the expectation to get the fin

ishing of his job which he had promised

as the instalments became due, except

in one instance, and reiused to give his note when the instalments became due, and at all times. And when 1 came to ascertain the quality of the land he had conveyed, it could not be sold for government price, and does not lie nearer than o or G miles of the Walnut Level. When I got into difficulties I offered to

take 100 dollars for 150, my share of

thc land; this he reiused to give and 1

formed of what was going on, became as

humble as he had previously been insolent, and for the sake of peace, friendship; &, concluded to settle with Mr. Rayas the most dangerous of the two uho were about suing him. The suit was therefore not commenced, and Mr. Bay' by getting double price for brick, and by having money throzvn in his way, has received what he considered not to ba a satisfaction but better thau a law-suit.