The New York herald., 1851-07-12
The DiAaculty bet ween the Attorney Genera
and the Assembly.
MR.. CHArFIELD's ETrER.

| The following the letter addressed py att"'ney "S
neral chstS.ld committee of the Assembly who
wished to examine him relative TO the charge that GER
persons had to brbe him not to 'ake
any lrgs steps to teet constuonaiiy Of the Canal
' ATTORNEY 6rSrs.L's OrrIcr, July s, 1851
| Hon j ] Tow>srSD, Chairman &c
sir-I have the honor to acknowedse the receipt of
copy Of the preamble and resolution, ad 'pt-d by
Assem- bly, the 9TH Instant tossher with your
asking before the conmittee. apo nt.i in
Of the resolution at II O'Clock At OF To-
Allow me to ray that of the object of
raising this committee its purpose has been aoun-
during the present extrso rdnary rhs whole
proceeding is entirely extra legislative, and sub
serve no useful purpose whatsoever; aud p'rmit to
suggest that you fosses. too much discrimination n)t
know that action whatsoever can be .sken by tn,
Assembly any report which this committee AXE,
and that the subject matter of the investig aon
| within he jurisdictt n Of the Assembly.
II all that is charged the quoted remarks Of Mr..
Elderkin is proved to be strictly true. any b.
of this na tier in the Assembly except to enable
Mr. Macombsr. Mr. Briggs and Others to reitrrs- this
ungentlemanly charge of flsehoot anl pcrhlp,
add to it that Of perjury.
During sttings Of this legislature either the
present or the past session AN not aware that nave
any interfrvd ATTEMPTED to interfere with
the OF legislation. On the contrary nave for
borne to ask for ths passage Of bills affecting Office
and vitality Dp rtant to the actvn Of its ordinary
business yet l have constantly bern .iade the
subject Of ridicule vituperation, ant iloerL
marks In both branches of the Legislature. You
sir, occasions than have forg the
sptct due to your exalted position not to your cha
descended
cupation of abuse sad detraction of and my
ter in place in the Assembly, and other less learned
and circumspect than yourself have followed your pern
cious example Nrvspguage less Refined than your
Admonisheo as sm by these transactions cannot
fail to compr hsnd the purpose of raiing this
and the ttct exhibited in the comp 1ition of the
committee, while it commands my ugf IN admiration
does not serve to change views Of its Intended
If less informed in the history OF the past few
mouths. night be opposed attribute this IN pv.m.n
to desire the part Of this Assembly
pose guilt affecting the adnnistratiou OF the
menf la IA YNnHp Dnf Lnnu fnr a..
that in this there is guilt punishable either by
law or by the Legislature, and that transactions thou
sand fold more GRIN nsl and dangerous the pub
c than this and deeply and directly compromising the
Legislature itself, have been allowed sleep iiurb-
co. must be allowed to say. that have good
Dc ubt the purity and patriot m of this preceding
committee Was appointe by the Assembly OF 1850
to inquire into the official acts ef certain public officers
who were charged with gross misconduct mai ority
Of that committee reported the result Of their des
with the evidence taken bv them to the present Legsx
ture. The report was. in unaccoupsbls
suppressed-st all events it not be found-y-t
committee Of inquiry was raised slthough it ID to
this Ass, mbly from the suspicion Of connvance at the
loss of the missing psper.
bill passed the regular session of this Legis
Ature taxing certain interests and deeply
estipg TO large districts Of the State This bill after
having been properly certified ty the presiding off Of
each house respectively mysteriouy disappeared when
on its journey from the Assembly through the
the Executive Chamber aud under cacu-
lated TO txce reasonable pcions Of the I'D ity of
certain cfcers Of the Legislature But Of
inquiry raised and this wrong affecting the integrity
of the Legislature itself, was allowed to pass without
nvsstgation.
public oeer Of high trust va. accused before the
Assembly Of making for the Commissioners the
Canal Fund md smitting IL to the Legislature with
cut authority and With the Of Of The Comms
siont - forged upon it comnittee was raised upon
this charge; but the investigation )thered the
mmittee do not report and nothing has been heard of
the matter since.
The Assem- bly, has been informed in a mode quite as
su entie that which promptly originated this
nmittse, that certain public officer charged in
measure with the custody of the public m ,neys h,d
law nd in ~ hiz duty
taken the Sinking FUNDS VI this State from their pro
dep story and used them for unlawful purposes This
rumor reasonable susp on should have induced the
Assembly (whose duty il Is TO impesch the officer IL the
charge be true to inquire into the truth Of the aess-
tiop. and to raise commite for purpo,e But
inquiry has been made. nor has any committee been
! raised.
II s currently reported and believed that during the
sttirgs of this Legislature persons in daily AMI coni
den sl Communication with Its prominent members.
have organized company. consisting II some twenty
Tersons for the purpose Of taking the eure
tract for all the work to be put under contract the
| fre Cspal enlargement under the canal bill that
roll or lit containing the Of the bers Of the
proposed company has been frequently exhibited. with
I've blanks which IL said left blank, because
five Of the n embers of the company desired their
names TO BE- kept concealed from motives OF d-lcacy
1t Is believed that the existence and object Of this
company well known certain members Of the
L.g,.sturc. and that the blanks to BIZ aei With
the names ef individuals who could not with propri.ty
be interested IN canal contract The authors OF thi.
sch, have been in daily attends this Legsla-
ture To What extent the kno~l.dge o' the existence of
THE company have Leen potential with the Legsla-
]
should have been raised 70 expose this dangerous plot
| trcspy existed. l. beyond denial
II Is not at this day necessary perhlps to attend to
the daily plant deep not loud Of citizen. Of this
state who have found impossible to approach either
branch OF the Legislature with aty little business of
private nature without paying liberal trbute the
door, because this evil has nearly quite disappeared
since tie gentle expulsion oi Geo Bul from the Sc
nate and MAJ not now require the attention Of tn. As
semb!y.
If these matters affecting the proper di,charge Of
highly responsible of5csl duties aud exposing the As
s.mby itself 90 of sufficient Importance
90 engage the attention of the House with what pro-
pri'ty II takc cognikance Of any remarks may
IL probably will 10 the committee. and TO the
Asssmbly that tie subject OF this ration
va,in no fense legally Criminal and could not becJn,
until the act C which rested should become las
not TO b. presumed that every bill pending efrc
the legislature will receive ats sanstion. hui the offer II
nsidsrstion for 'rbcaranee 70 eujon bill when hs.
no existence ara may never become sub
i,ct the perzcn o.rBg a. 20 punishment and certainly
the f.fusl accept the o-r hardly be sad
ot erinnsiy Do not uLderstsnd m, cir a. ju-yirs
view. the distinction between such offer aud a;tad
brt.ry bar, y psrcertble but shn legal procc, iing
sre contemplated, the Distinction becomes one Of the
least impoitauc.
Ittketbs ccchsion to say that the proposition wa,
mad. 10 precisely In thc detailed by Mr.
Eldcikin ~ undsr,sDd his evidence before the
mittee; bat inasmuch The oGet l. MT indctsbs
turr and rightfaly be brought under the jur~
diction u the committee respectfully decline t. a.
pear before the committee to testify in relation to it.
have snoi her Tor rrfu-iar 10 appear before
this committee. In the puhs bed report debates
,fy,sterdsy the resolution In queslioa. the ~ N
Mr. Briggs h reported % hsve sad substance "tna
lie did not believe the offer made. g.,
fret. that In the state would o-
fooi enough e. tfei 90 large $1,000 aud
ssctnd, IL the offer had been made the Attorney
Cer,ral would have taken g." This c1argc T.
grosy insulting, and under 'hc tircunstancrs beErsy
much q The mean spirit of cossrdce. that csnno
cone, ~ - appear before your committee while such
bolds place it; made. a. tho iusinuation va
ubd.r the protection q membership; and ia cDnA
dent security of that prutecp IL exhibits much
hsrent drrsviy 10 thu man aud the possession q qusi
tie. Oppo hebur that feel security snl
b. l. allowed to participate In proceeding involving
ytrsorsl rights.
The remark tself implies nstor Lmcnt that any
should rtfuse brihe aud measuring other By the
ssrdsra a his morality the astobs hment Is 10
cr,sf, a in the ratio cf the amount.
Feeling this snront az Do shell never an gsur be-
ftrt Jour mttee until the Assembly shall d. s-lf