Rensselaer Gazette, Volume 3, Number 37, Rensselaer, Jasper County, 4 January 1860 — Page 1

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BUSINESS CARDS. '~ s P 111 DIE, If 1C OWN A CO., WHOLESALE DEALERS IV Dry Goods,- Fancy Goods, MOTIONS, HATS, BONNETS, &C.. No. 10 Purdue’s Block, I.afajelte, Indiana. Incite' attention to their New Stock. DAVID SMYDEH, A ttorney at Law, 52 RENSSELAER, IND. wn. S. HOPKINS, A TTOR. NE Y AT LAW, Usnsselacr, Inti. Will promptly attend to collections, payment' •of taxes, sale of real estate, ana other business .entrusted to his care, with promptness and dispatch. 52 JOSEPH <i. CUIIVE, A. ttorney at La w , RENSSELAER, 48-ly Jasper County, led £ ] W. V. SKYDER, M. D., Having resumed the practice of Medicine and Su-rgefy i i R 'isselaer, oilers his professional spervices to • eitir.ous thereof and vieiuity. 29 *. w. I). ■ . G. W. SMTLER. All orney.s at La w . iIFriCE, NEXT DOOR TO LA RUE'S STONi: TfII.DI.NG kknssei.akk. ii). Will practice in the Circuit hi u-riot; Courts . of the Twelfth Judicial District. Also, in the -Supreme and District Courts oflrdianu. uj 29 R. 11. MII.ROV. . 1.. A. COLE. | 111‘inov A COtE, Attorneys at Law, notaries runLIC, Agents for the Sulo of Real Kstate, Payment of Taxes, &.C., ap29 REpSSELAER. IND. 131! WIN p. II AM MON D, A ttorney at Law AND NOTARY PUBLIC. Will practice in the Courts of Jasper and adorning counties. Particular attention given to the securing and •collecting of d-uts, to the sale of real estate, and to all other business intrusted to bis care. Office in the room in the north-west corner of the Court House, Rensselaer, Ind. N. B.—He will be assisted during the terms of the Courts by A. A Hammond, of Indianapolis. 8-ly TIIOS.m'cOY. ALFRED m’COY. ALFRED THOMPSON. XIIOS. McEOV A CO., Bankers and Exchange Brokers, HUY AND SELL COIN AND EXCHANGE. L'allections Made on all Available Points. WILL TA Y INTEREST ON SPECIFIED TIME DEPOSITS. Negotiate Loans, and do a General Ranking Rusiness. 'Office hours, from 9 A. M. to 4 P. M. ap29 H, C. KIRK, (Successor to Reich &, Co.,} DEALER IN ITALIAN AND AMERICAN „ 1£ Ai-P. B L i, JIOJIIMEJITS AWII HEAD STONES. f|MIE proprietor is determined not to be sur--L passed by any shop in the State, either as to quality of Marble or the execution of work, and will WARRANT SATISFACTION To all who favor him with a call. Shop on Mainstreet, opposite the Monticello House, Monlicello, Ind. Reference.—Messrs, Geo. W. Spitler, L. A. Cfeole, Jacob Mukle. 35-ts INDIANA HOUSE, J, W, St S. O. DUVALL, Proprietors, BRADFORD, IND. 9'he table will be supplied with the best the market affords. A gdad Stable and Wagon Yard attached to the Hotel. * The M essrs. Duvalls are also proprietors of the RENSSELAER AND BRADFORD DAILY HACK LINE. The hack loaves Rensselaer every morning, (Sundays excepted,) at 7 o’clock, connecting at Bradford with the trains north and south, and returns same day. o*Extras can also be procured at either end of the route, on reasonable terms. 7-ly Cash for Grain. KJjMIE undersigned will pay the HIGHEST /* MARKET PRICE IN CASy for Wheat. Tsojn, Rye, Barley, Oats, &.C., at the «U stand of Hkddix Si, Son, in Giffam township. i«-tf Q G,. HARTMAN-

The Rensselaer Gazette.

I». F. DAVIES, Editor Sc Proprietor.

% Jfnmrln Honmal, JU'botfb to foreign mib idanustic lltfos, politics nntr

VOL. 3.

foctrjr. UNION NOWJ-UNION EVER’ Who cries dissolve! What traitor hand Wonld rend this sacred chain assunder? Each link a mem’rjr of the band Who forced it ’mid despotic thunder. Has wonder lost her stolid gaze? Is reason trampled down by madness? Shall freedom’s temple be ablaze, And we look on in gloomy sadness? No, Patriots, no! —Ne’er say dissever! The Union now!—The Union ever! Stand forth the fiend—for man there’s none, Who shrinks not from the dread ambiticn, Of clouding liberty’s bright sun, At cost of more than hell’s perdition! Living, by conscience ever stung— Dead, are'usant.’s page in story Whose infamy would e’en be sung, Till Nature yields and time grows hoary. Hope, Patriots, hope!—Ne’er say dissever! The Union now!—The Union ever! But, hark!—the North sends forth a voice, The loyal South returns her greeting; Whilst East and West with shouts rejoice, And hail tire glad fraternal meeting. Their bar.ners to the sky are Hung, _ r While every breeze the folds are kissing— We gaze the firmament among, And not a single star is missing. Cheer, Patriots, cheer!—Ne’er say dissever! The Union now!—The Union ever! Mt. Vernon’s tomb its gates out spread— Look where the rev’rend shade is weeping! While Muntice’lo’s safe in dread, A fearful, ghostly, vigil’s keeping. Vet, list! another spiiii’s moan; “Ye have a boon— nor scarce deserve That lost, earths’s hope is ever gone, By the Eternal, then preserve it!” Up, Pateiot.s, up!—Ne’er say dissever! The Union now! —The Union ever!

HtrstcKaufous. !>.WAMI* LA.VD SSS3I>G>2ITr. [The Committee appointed by tile last Indiana Legislature to investigate Swamp Land frauds, made tho foliowing rep >rt.] Mr- President: The Joint Committee appointed in pursuance of the following concurrent resolution of the Senate and House of Representatives, to-vvit: Resolved, By the Senate, the House concurring, that a Joint Committee of the two i louses be appointed, two on the part of each House, to enquire into the alleged frauds concerning the Swamp Lands, with full power to send for witnesses and papers, to administer the necessary oaths, and do all things necessary to a full examination of the matter, and to receive from the Committee on Swamp lands the evidence taken at the last session, and adopt the same as a part of their examination, and report to this session of the General Assembly, Adopted 1 y the Senate, January, 14,1 359, Beg leave to report that they have found the field of investigation so very complicated and extensive, compared with the time allowed, that they have been compelled to stop far short of a full investigation; but the evidence so far as they have gone, has developed a course of systematic fraud and speculation unheard of in the history of our State. Many flagrant violations of the law relating to the Swamp Lands and disposal of the funds arising therefrom, and many cases of frauds upon these funds, and of fraudulently obtaining from the State, without consideration, large bodies of these lands brought to the knowledge of the committee, cannot be noticed in this report, for the reasons that the conflicting statements of the witnesses who have testified, occasioned by their varied and conflicting interests and feelings, have left the mode and detail of these wrongs in doubt, which could not be cleared away, for want of time for further investigation in these matters. But for a knowledge of this whole subject, as presented to the committee, and the difficulty thev had to encounter, they would respectfully refer your Honorable Body tu the testimony herewith filed. By tiie act of Congress of September 20, 1850, the Swamp or overflowed Lands in the State, belonging to the United States, were granted to the State of Indiana, upon condition that the same should be drained and reclaimed and rendered fit for agricultural purposes. By the provisions of the second section of that act it was made the. duty of the Secretary of the Interior to transmit to the Governor of the State, upon his request, a list and plats of the Swamp Lands previously ascertained, together with patents therefor, vesting the title in the State, subject to the disposal of the Legislature, with, the express proviso that the proceeds of said lands, whether Iroin sale or direct appropriation in kind, shall be applied exclusively:, as necessary, to the reclaiming of surd lands. As near as can be ascertained by your committee the amount of lands patented by the General GoyerniTieiit to the State, under the aft aforesaid, and under the act of Congress ol March 2, 1855, granting lands to the State for Swamp Lands which had been located upon by military land warrants,

RENSSELAER. JASPER COUNTY, IND., WEDNESDAY, JANUARY 4. IS6O.

amount to 1,252,(138.65 acres. It has been decided by the Commissioner of the General Land Office that the title to all unsold lands in the State, that belonged to the United States on the 28th of September, 1850, (see act of Congress ofthis date as aforesaid,) were Swamp Lands vested in the State by the passage of said act, of which time the Government lands were selling rapidly in different parts of the State. The minimum price of those sold within the limits of what was the Miami Reservation was two dollars per acre. Your committee have been una le to ascertain what amount of these lands, afterward ascertained to be Swamp Linds, were sold at the United States Land Office, at two dollars per acre, nor whether the United States Offices have refunded to the State the two dollars per acre received for all Swamp Lands sold at that price, from the fact that there is no data, in either the office of the Auditor or Treasurer of State, showing these facts. Your committee w-ould therefor; recommend that the Auditor of State be required to ascertain without delay whether the United States have paid over to the State the two dollars per acre for all Swamp Lands sold at that price, after the passage of the act of September 28, 1850, or whether the sum of one dollar and twentyfive cents per acre was only paid ever on Swamp Lands so sold—seventy-five cents per acre being retained; apd if it is found that this sum upon lands so sold lias been retained, that payment of the same be demanded of the United States. Your committee find from the evidence of Aquiila Jones, late Treasurer of State, that of the sum of eighteen thousand five hundred and twenty-nine dollars and twenty-five cents paid by tlie United States to Governor 'Vj|1 ird, for lands sold at the- United States L imi Office, that wore selected by the State as Swamp Lands, only §17,529 25 were paid into the State Treasury, leaving the sum of §i,QQQ iu his hands. Your committee have been unable to ascertain by what right, or under what law, or for what pu: pose said sum was so retained by the Governor; a id for the purpose of obtaining information upon this point, addressed him a note - ni • weeks since, respectfully asking lor in ormation relative thereto, list have obtained no reply from him. From the fact it is shown by the books of the Auditor of State, that the Governor has received the sum of §1,970 75 in the shape of fees for Swamp Land services, your commit tee “a re compelled to believe that the sum of §I.OOO is retained I from the State Treasury in violation of law, .rid wonfd therefore recommend that immediate steps he taken to recover this sum fur the benefit of the Swamp Land Fund. From evidence 15)1 fore your Committee on Public Expenditures, to which your Honorable Body is respectfully referred, your committee find that large sums of money have been abstracted from the General Swamp Land Fund of the State in the shape of fees and charges unauthorized by law, principally by N. Hayden, E. B. Collins and Daniel McClure, whilst they respectively held the office of Secretary of State. It will be seen by reference to the report aforesaid, und facts obtained therefrom, that the gross amount thus illegally taken from the Swamp I,and Fund amounts to §14,144 90. Your committee most heartily concur in the resolution reported by the committee, that prompt steps be taken to have this matter judicially investigated for the benefit of the Swamp L.nd Fund. We find that the county treasurers were instructed by Auditor Dunn, without authority ol law, to issue to purchasers of Swamp Lands certificates for every subdivision of forty acres purchased without regard to the amount i f land sold at a time in one body. The greater part of these lands have been bought by purchasers in larger bodies than forty acres—frequently in whole sections at a time, but by this regulation, established by Auditor Dunn and adhered to by all his successors, sixteen patents have been issued for every section of these lands sold.; A separate fee is charged by the Governor, Auditor und Secretary of Stale for each pat-, ent issued. The fee of the Governor has ! uniformly been sixteen and two-third cents upon each patent; that of the Auditor of State has been fifty cents upon eacli patent, while Secretaries Hayden and Collins charged a fee of fifty cents on each patent—Secretary McClure for the name service charged one dollar. It vyill be seen upon taking the rate of fees charged upon the patents by the G.overaor, Auditpr and Secretaries Hayden an i Collins that the ndditi nul amount of expense caused to the Swamp Land Fund by (his uujust regulation, where a section is sold to a purchaser at one time is §lB 67, instead of§l 17, as it should be—at the rate j of charges made by Secreatary McClure it j would amount to $26 67, instead of §ll7, j

"FREEDOM NATIONAL—SLAVERY SECTIONAL."

The committee estimates the loss to the Swamp Land Fund on account of this mode of charging at about §IO,OOO. But the wrong and expense occasioned by this regulation is not only to the State, for it occasions to the purchaser an almost equal expense in the transfer and recording of patents. The law allows to tlie county auditor j twelve and a half cents for each description i of lands transferred for taxation, and to the recorder one dollar for each deed recorded. ; The poor man who buys eighty acres of ! Swamp Land from the State is caused by this regulation to pay to the county auditor twenty-five cents, instead of twelve and a half cents, and to the recorder two instead of one dollar, and the man that buys a section pays to the county auditor two dollars* inI stead of twelve and a half cents, and to tlie recorder six'en dollars instead of one dollar. The committee find from the evidence that the officers ol State have been in the habit of retaining ten per cent, upon the gross amount of sales of Swamp Lands made by the counties over and above their fee, and have been unable to find any authority of law j for their so doing, and estimate that at least I seventy-five thousand dellars have been retained out of the Swamp Land Fund in this way from the counties. The committee find From an act approved February 14, 1850, entitled, “An act to provide for defraying the expenses of selecting the ovei flu wed and Swamp Lands in the State or Indiana, and for other purposes,” that provision was made for the payment “of all country surveyors and others employed in selecting and designating the Swamp and overflowed Lands in this State,” and that this act confirmed and legalized the proceedings of Gov. Wright in employing these persons to select and designate the Swamp lands, md that all that were then supposed to bo Swamp Linds were I selected by them, amounting to over one millions of acres. A second selection was afterward made of some Swamp Lands that had been overlooked in the first selection, and also of lands in lieu of some Swamp L inds that had been located upon by United St ites land warrants. The committee is compelled to believe that exhorhitunt and unauth >r;z d charges were pa.ii] to persons appointed by the Governor ii. making those last selections. They find that there lias been paid to U mi. R ynolds of White county, the sum ol §7,448 55. and to other person the sum of § 1,604 00; making in all tlie sum of §9,052 toN The law of 1852 provided for the sale of Swamp Lands in the several counties, bv the conn y officers. Under this act all of these lands,iu some of the counties, were disposed of, wb-Hst in other large bodies remained unsold at the passage of the act of 1857. which act made “direct appropriation in kind” for the purpose of reclaiming for agricultural purposes such lands. By the law of 1852 it was made the duty of the Governor to appoint Swamp L .nd commissioners in every county owning j Swamp Lands. In many instances these | appointments were singularly unfortunate, ! pos essing neither qualifications nor honesty j of each a character as to fit them for their j responsibilities.

i We have had our attention called to the : official misconduct of these officers in several counties, but have found it utterly impossible to give tlie subject tFiat investigation which the inten sts of the State and j'tistiee demands. In the county of Jasper our investigations have satisfi-d us that the officers of that county have not only aided others in the commission of great frauds upon the Swamp Lund Funds, but have also been participants in the profits arising therefrom. In this charge we make no reference to the present treasurer and auditor of this county. The commissioner, at a letting of a large amount of ditching under a law of 1852, let almost the entire wor k to one man for the sum of 20 cents the cubic yard, although at this letting there were other good and responsible bids for the same wotk as 14 cents the cubic yard, and one as low as 10 cents. The ditching contracted fo* at this letting has never been finished according to the plans and specifications, and some of the ditches are worthless. The entire estimate of this work, amounting to §39,451 59,have been paid to the contractor. According lo tlie testimony be lore us, this one transaction has resulted in great loss to the Swamp Land Fund, and loss to the value of real estate in the vicinity of the work. In the year 1856, without the color of law, und in violation of all right, the then Auditor of State, Hiram E Talbot, directed the auditor of Jasper county to withhold from sale a large amount of Swamp L .nds, designated by him. The committee are compelled to conclude that th.is order was prompted. with a view to personal nndt private speclation,. (see tW letter of the Auditor* es 4

TEUJIS: *1 50 peY Year, in Advance.

the leiterof A. B. Condit on file.) This, no doubt, was the commencement of o system ! of frauds, unheard of before. A spirit of speu- j luting in these lands was engendered, and j in a short time there were formed four sepa-! rate companies, who selected as they termed it, and actually obtained, by the complicity of Swamp Land Commissioners, deeds for about one hundred and twenty-four thousand acres of the best of the lands vacant in the | county. (For the names of the parties in this scheme we refer you to the evidenc herewith filed.) The deeds to these lands Were procured without tlie shadow as law : f rom the officers of State. I The Swamp Land act, approved March 5, 1857, required that these fraudulent conveyances should be returned and canceled, when the work was not completed, but provided that the loose contracts upon which they had been obtained might be ratified and con firmed by the Swamp Land commissioner, and provided that the contractors might file with the county Auditor lists of tlie lands 'selected by them to be take in payment for | ditching, and the sale of these selected lands i were then prohibited by the county officers till the completion or perfecting of the contract for the payment of which they were filed and that seventy-five per cent, upon the estimates of the work done should be issued to the contractor until all was done, when certificates for the whole should be issued; and provided further that the contractor i might at any time, by depositing §1 25 per acre with the county treasurer for the whole for any part. of the lands in his list, take out I certificates and procure patents for the same, and that the money so paid into the county trea. ury should be then retained, to be repaid to the contractor at the rate of seventy-five per cent, upon estimates of work done, until the contract was completed, when all I should be repaid. Under this law the Swamp Land commissioner of Jasper county confirmed all the old contracts at twenty cents per cubic yard, which had been originally let at from twelve to eighteen cents per cubic yard, and the contractors were permitted ! to file lists of lands to any amount they deI sired, and the amounts of their respective j contracts were swelled up to cover the amount filed for, an 1 in a short time p.fter the t .king effect of this law, all the unsold ■ S vama L nds in Jasper county, amounting 1 to about one hundred and seventy-five th >usaml acres, were then absorbed, and nearly all the contractors, without payi»gany monfey into the county treasury, by private airangements with Jacob Markle, the then treasurer of Jasper county, obtained from him certificates of purchase, and upon these | obtained the greater part of their patents for j these lands. In o few instances the conj tracts have been in whole or in part comI pleted, but probably not one-half the ditch- ; ing is yet completed. From estimates of ' the whole amount of these contracts, and of I the amount of work done upon the same at ] the expiration of the term of said Markle’s i term o office, he should have paid over to j his successor in office at least (§100.000) one | hundred thousand dollars of money, deposij ted with him by contractors for lands ob- | tained by them,L>ut not one cent was so paid 1 over by him. The land's being gone and there b.-ing no money for the same on de- ; posit in the county treasury, and consequentj ly oo incentive to the completion of the con- ! tracts,and there being no law to enforce their I completion, your committee would recom- ; mend that some law be passed to remedy this defect. There is evidence before the committee showing that Markle, without the shadow* of authority or law, issued to P. M. Kent, in the name of his brother and others, certificates of purchase for a large amount of these ! lands previously filed for, by contractors, and that upon these fraudulent certificates Kent obtained patents; and that the contractor, whose lands he had thus stolen, in older to avoid troublesome and expensive litigation compromised with him, permitting him toretain (3,500) three thousand five hundred acres of these lands thus obtained, of which Markle got a portion. From the evidence Jn possession of your committee, they cannot but express their' surprise that Governor Willard should have . appointed Jacob Markle to the responsible , office of Swamp Land commissioner of Jus-! per county, soon ufter the expiration of bis; term of office as treasurer of said county, notwithstanding it was known to Ilis Excellency that said Markle had been sued, on, bis official bond, as a defaulter to, ahe Swamp l Land Fund, in 1855, which suit he hns com-, promised,by giving his notes, wutji. surety for the sum of §23,461) 30, thus acknowledging his defalcation, und that the greater part of thobe fiotes, though due, were still outstand- 1 ing and unpaid; ajad notwithstanding it was, known to fii» that said Markle

had agaifi been sued in 1856, upon hia official bond as Swamp Land treasurer, for the further defalcation of §14,000 to the Swamp Land Fund, as certified by the Auditor of State; and that in his official bond as county treasurer to the amount of 81/100 lor State revenue, and that was then, and still is pend* ing against him upon his official bond for defalcation of county revenue, and had not at the date of his appointment as said commissioner, and still has not, settled with the Auditor and Treasurer of State, or county i c >mrni-sioners, for either State, Swamp Land |or county revenues; and notwithstanding it j was known to His Excellency, that by sec- , tion 10. article 2, of the Constitution of In- : diana, said Markle was wholly “ine.lligibl® ! to any office of trust or profit," and that by i an act of the Legislature, approved March 1 y \ 1855, (see Acts 1855, page 85,) he wa* guilty of felony—still with a full view of all these disqualifications and disabilities, ha (Markle) was appointed and invested by Hia Excellency with the du.ies of this important and responsible office, for the performance of which he is not required to give any bond. In view of all these facts your committee would recommend that Ilis Excellency ba respectfully requested to remove Mr. Mal* kle from said office. Your committee finds that in Lake county frauds of the grossest kind have been committed by the present Swamp Land commiasioner, S. R. Child-s, in connection with the treasurer and Dr. Stanton, that said Stanton, j by the deposit with sufd treasurer of a pretended check or draft, has obtained certificates for all the unsold Swamp Lands in the county, amounting to about fifteen thousand acres; that after the pretended lettings the contracts being all bid off by Stanton, each time at four cents per cubic yard, was afterwards confirmed to him at übout forty cents per cubic yard; that Stanton had deeded the undivided half of these lands to said Childs; that Childs issued to him ditchiiig certificates for §IO,OOO on the 28th of May last, and soon afterwards other ditching certificates to the amount of between §6,000 and §7,000, by which the pretended check or draft deposited with the treasurer was taken up, and that very little ditching is'yet done. There are also complaints of frauds committed by Henry Wells and R. A. Eddy, former Swamp Land commissioner of that county, but your commitee has not had time to investigate these matters, but, from the testimony we have, would recommend the removal of said Childs. Your committee have also received complaints from Pulaski county, in relation to frauds in the management of the Swamp Land interests, but have been unable to in vestigate them. We respectfully refer your honorable body to the documents herewith on file, in relation to each of these counties. Your committee find that the Swamp Lands of this State, and funds arising therefrom, have been the objects of greedy prey, by nearly all who have had opportunity, and that though most of these lands have been i squandered, there are still a few thousand j acres remaining unsold in the different counties, mostly of what are called the second selection. That large nun hers as contracts for their drainage, though let at exherbitant prices in most instances, are still unfiniched. That all the laws relative to Swamp Lands, especially those relating to ditching and drainage, are, radically defective. Among i the defects most apparent your committee would direct attention is, that the commissioner is not required to give bond- for the ' faithful performance of his duty, and of his accountability to no other officer or tribunal except in a slight degree to the officers of State, who are distant from and have bat little interest those taaiters to prompt them to a strict oversight. Your committee, therefore, recommend that these laws be revised and changed so as to place the sales, making of deeds, ditching, ] drainage, and enforcement of contracts die., under the control of the county officers and j board doing county business in which these ' lands lie, which officers and boards, having i an immediate interest for the benefit and improvement of their respective counties would vigilently protect, and economically and judiciously expend the funds, and enforce therigid observance of all contracts for drain- ; age, and recommend the adoption of the following resolution: Resolved, That three thousand copies of the report and evidence of the joint committee on Swamp Lands, be printed under the direction of the Secretary of State, who shall cause to be forwarded to each member of the present General Assembly ten copies thereof, and deposit in the State Library five hundred i copies, and with the Secretary of State one thousand copies, to bo by him distributed with the acts and journals of the present session. JOHN GREEN. O. S. HAMILTON. Committee. you p.res©«.t, your account to the defendant?” inquired a lawyer of hia cliant. “I did sir.” “And. what did Ire 6a_v?" “lie told me to-go to the devil.” “And what did you then!” “Why, then I came to you.” Ct!7*A Yankee editor saya “we don’t mind recording the deaths of people without being pai l for our trouble, though that is not fair; but panegyrics on the dead must be paid lor, we positively cannot rend pe iple to Heaven *or noth ng "

NO. 37.