« ForrigeFortsett »
would submit to your Honorable body for decision, whether the laws, the high behests of the Constitution and justice to the people of this State, do not all demand, and imperatively demand, an investigation of this case, and a decision thereon by your Honorable Body, instead of leaving it subject to delay by the ingenuity of counsel, and forms of law, and to the decision of courts at some far distant day? Upon this last question, your petitioner especially prays the decision of your Honorable Body, to the end, that if we are longer to have within this State a nullification of the laws by the firm Yates & M'Intyre, by all means that hereafter we have it not, sanctioned by the representatives of the people,
And your petitioner further sheweth, that as well as having had more or less to do with the drafting or in obtaining the passage of certain laws concerning lotteries, passed the 5th April, 1822, the 241h March, 1823, the 27th February, 1824, the 13th April, 1826, the firm Yates & M’Intyre, or one of the individuals composing said firm, in certain communications to the Legislature in the years 1825, 1827 and 1829, made sundry misstatements on the subject, or in reference to the subject of lotteries, other than those herein already set forth by your petitioner, which were evidently calculated to deceive, and which doubtless did deceive, the Legislature in the years herein last aforesaid,
And your petitioner again sheweth, that the firm Yates & M'Intyre, while drawing lotteries duly authorised by law, not only exercised powers never intended to be granted them by the Legislature of this State, but that they exercised powers wholly at variance with their original contract with Union College for the right of drawing the lotteries granted said institutions, the exercise of which were extremely onerous both to the public and your petitioner, and caused an application to be made in 1825, by several hundred citizens of this State, as well as by your petitioner, to the Legislature for redress of grievances then already suffered by the petitioners at the hands of sạid firm, to which petitions, and the proceedings had thereon, your petitioner prays leave to refer your Honorable Body, to the end that your Honorable Body may be fully informed of the injustice then done not only to your peti. tioner, but done also to the people of this State.
And your petitioner further sheweth, that the question now to be determined by your Honorable Body, is not whether the afore
said act of 13th of April, 1826, is, or is not constitutional, which fact has doubtless already been noticed by your Honorable Body; but that the question is: What are the rights and privileges granted by said last mentioned act, and what the full extent of those rights and privileges ? and what also is the construction given to said act, or what the claims set up under it by the firm Yates & M’Intyre ?claims which cannot, as your petitioner again sheweth, be admitted them either in law or equity; or, in other words, that the question to be determined by your Honorable Body, is, whether the act or acts done, and now doing, by the firm Yates & M’Intyre, without any anthority of law whatever, acts done and doing in defiance of the law, shall longer be tolerated by the State? Your petitioner therefore invokes, at the hands of your Honorable Body, a full investigation of all matters and things herein set forth, doubting not that upon making due investigation thereof, that that clause of the Constitution which says, “No lottery shall hereafter be authorized in this State; and the Legislature shall pass laws to prevent the sale of all lottery tickets within this State, except in lotteries already provided for by law,” will, by your Honorable Body, be preserved inviolate.
In conclusion, therefore, and in consideration of the premises, your petitioner fervently invokes that justice at the hands of your Honorable Body, which will relieve your petitioner from those injuries of character he has sustained, and from that persecution and oppression to which he has been and is now subjected, by reason of that herein set forth, and that such other relief, founded upon the premises, be given to your petitioner, as your Honorable Body shall deem meet and just; and as in duty bound, your petitioner will ever pray.
PALMER CANFIELD. Albany, 10th April, 1833,
Page 5. At the end of the 12th line, insert the words; including the scheme of the Milford and Orego Road Lottery, drawn in the city of New-York, in the so as to read;—which annual average amount of schemes, including the scheme of the Milford, and Owego, &c. Same page,-second section--7th and 8th lines of do.; for," that said last mentioned sum was also, as your petitioner believed,”-read;--that said last mentioned sum was, as your petitioner also believed, &c.
Page 6th. 20th line ;- instead of the words—"exceeding the annual amount of sales," -read;-exceeding the annual average amount of sales made in the &c.
Page 20. Bottom line ;--instead of —" after the 5th of April 1832,"-read ;--after the 5th of April 1822.
Page 29. Lines 31, 32 and 33--instead of " An act to authorise the Mayor, Aldermen, and Commonalty of the city of New York to dispose”-read ;-"An act to authorise the Mayor, Aldermen, and Commonalty of the city of Albany to dispose of their public lands,” &c,
Page 31. At the end of the 34th line, insert the words, under color of providing for existing Lotteries, so that it shall read thus;-unless upon a careful review of their provisions it shall plainly appear, that under color of providing for existing lotteries, they have in fact authorized an extension of the system.”—
Page 32. 12th line ;-after the word “State," add the word, and as well as repeat the words, "of gross injustice to the State," --so that it shall read ;-and of gross injustice to the State, for the reason &c.