The Ottawa free trader. [volume] (Ottawa, Ill.) 1843-1916, 1851-02-22
Claims against the State.


Under the act Of ls47, it was provided that
all claims against the state should be flied m the
office of the secretary Of the state. with the
vouchers and affidavit Of each claimant 50 that
future legislatures may know what claims do
exist against the state, and the grounds on which
they are founded. 1t was further provided that
unllquldat,d claims, arising from the canal and
internal Improvements. shall all be- provided by
witnesses, and that no further testimony shall be-
allowed 10 substantItc the same, after they were
once hed; and that all claims no! provided aud
presented within two ycars, shall be forever
barred Under tins act claims amounting to up.
wards Of one million of dollars were filed, with
the vouchers and cr parte testimony, all on the
side Of the claimant II will be thuz seen tina.
every opportunity was afforded to enable persons
having claims against the state to make out their
own case; aud If they have not succeeded. they
surely have no ground Of complaint 1t viii lie
the object of this report to show that oil the
facts are brought out in the evidence furnished
by the claimants to enable the legislature 20 de-
eide the principles which should he applied in
their ultimate deceion The governor Of the
state, believing tho interest Of the state to be
N danger, in consequence of the er parte testi-
mony, has considered it Of 50 much Importance
AS 10 cal! the attention Of the legislature 10 the
subject IN several different messages, in each Of
which he recommended she appointment Of
board to investigate these claims aud IN view of
the great importanc. Which the messages of the
governor give to this subject yuuY committee
have bestowed much labor and tine in the in-
yesrgation and examination oi each claim, with
view to enable the house to decide whether
any further proof Is necessary
In the first place, the committee have come
to the conclusion that il the claimant does not.
on HI own or parie evidence show right to rc.
cover, there certainly can be 10 necessity to take
evidence TO secure the interest Of the state
Second. II the proof IL admitted to be true,
and already sufficient TO furnish full and tar
statement Of the case for the consideration Of the
legislature, it would be useless, incxpedient and
unnecessary expense to have any further Iuycs-
,gau1n.
The committee deem il necessary TO enter into
any argument to prove that It would be unwi>e,
incxpcdicnt and dangerous for the representatives,
of the people to allow the appointment of any
of paying any claim against tho state They
might refer 10 cases which have been decided BY
the court, and luries of thI, and other states,
where the contest has been between the state
and private iniiyiduals-to drci-or, by t. cabl-
net of he United States, and board Of commits.
siouers, to prove the danger of such course.
The distinguished Nir Burke, in his speech in the
British parliament, on this subject says, it would
evidently hc the interest. and ~ evidently. al
Icn-t in tie power uf the creditors 10y admitting
secret participation 10 spread corruption to the
creates, and met alarming oXt,ut To 20 no
further tl.un the case lci0rc US you t>pcakug of
parrmrut) are Hs competent To jrdse whether
the sum of four millions sterling ought, or ought
not, to he passed from the public treasury, when
the issue If fact i laid IN Madras, as when It i.
laid IN Westminster What advantages are vou
90 derive from permitting thc greatest concern Of
tlS nation tn hc separated from the cognjzauCe.
and exempted out of the competence Of pur.la.
mcnt. II i, not into secret ucgojilji,us for VA,
peace or a!lmrrc, mat the house Of commons l.
imb.ddun to inquire. II Is Il matter Of account,
II j. prCunlaty transaction. Vow many persons
who support their power and greatness within
and without doors, are concerned, originally OF
hy transfer of these debts must be left To general
orIonion refer 10 the report Of tie select com
m.ttcc f'r the proceedings Of some Of the agents
IN these aiTirs, and their attempts, at least, To
furnish ministers the means uf huying general
curr,s, and even whole pulmments, in the groS~
II Is dilIuc.It for the most wise and upright gov
eminent TO correct the abuses Of remote decga.
ted power productive Of unmcasureG wealth
Your committee is therefore. of the opinion
that It would he uuwI-e TO separate this power
from tie representatives Of the people, tor the
purpose oi transferring it cithcr To board Of
commissioners or the court, of Justice,
Tie committee nave glasscd these claims a.
follows:
First The frst class for damages, because tie
contractors were compelled to receive from the
tl1.p II
Thornton loan, below par, and the governor at
mchng great importance to the necessity of pro.
curing the evidence of Gov. Carlm and Gen
Thornton On account Of the danger of losing
their testimony, they being the only witnesses
who were CuonEant ot the terms which these
payments We're made to the contractors.
The committee lay down this position, that all
official documents of III" officers and agents of
the state are entitled to be received as evidence
especially coming from Gen Thornton aud GOV
Carlm, gentlemen oi high standing and acting
at the time, not only 10 officers IT the govern.
ment, but ~ the agents Of both the contractors
and the state, influenced bv no interested coneiI-
cratons 10 make any statements 10 the preudicos
Of the contractors. These gentlemen nj the time
placed un record their understanding of the con.
tract The governor in his message in the year
1910, says, upon m application 10y the contrac-
orS themselves, knowing that bonds could not
at that time, be sold at par to raise money for
that purpose they proposed ON the part of the
contractors, that bonds should he placed in the
hands of suitable agents to the probable amount
of the expenditures for the year, to be paid to
them at par; tc which | assentcd, conditioned
that the bonds So paid should he placed in the
hands of an agent Whom might up,rovc to bc
sOld for their bcnriit--to which condition they
asscntcd, and | therefore place in the hands of
Gen Thornton. canal commissioner 81 100000
IN bonds for that purposes 100000 Of which
has been sold by him in landon, rs agent for the
contractors, at the rate ol 50 per cent, which has
enabled them to prosecute the work ON thc canal
throughout the season with energy and success,
and, as | am informed without loss, rs the re-.
suction in the price of labor, provisions and ma.
,erals, has equallcd the fifteen per cent reduction
on the bonds" 1T is proper the governor adds,
that should here remark, that exceedingly
regretted the NECESSITY oi paying the contractors
with bends but as money could not be raised
by II sale of thcm nj par, to meet the estimates
on the canal ~ they became due, and the con.
tractors proposed to receive them, ut that rate,
and hazard n sale of them On their own account,
iel, constrained, from u sense of duty towards
them and good faith on the part Of the state, to
place tie bonds in the hands Of the canal com.
missioncrs, for their benefit" twill be per.
HAT Mo-, l..