The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-03-16

Mr. TADoR offered resolution in favor of the d;st rh
tion Of the fourth nstacn the United States Demo
site Fund among the States relative to the expendi
ture for the transportation of colored people to Ii
bcria.
Assembly.
ALBANY, March Is, 1852
METROPOLITAN COLLEGE.
Mr. TAYLOR presented the minority report against the
incorporation OF Metropolitan College, in New York city
THE CANAL LIFTING NEUTRALITY-SUSPICIOUS. OF r.,
COMMITTEES.
Mr. Moss (whg) Of Niagara submitted the following re
port from the Joint Committee of Investigation on the
Canal Lettings. 1t is signed by Senator Upham and
hessrs Bull md Moss, of the Assembly (all whigs)
To the Hon the Speaker Of the .7sscn5ly:
Sm-The undersigned members of the Joint Select
committee OF the two Houses OF the Legislature whom
was referred communication from the Honorable the
Canal Board in the following words. to wit -
Resolved That the legislature 30 respectfully requested
ast0n Of saes @ and every Of the Canal Board
Surveyor and Division Engineers having charge y that
son Sa OF a he s yess the ST %
and Black River Canals and the Of the locks
with h Of S h and
'stF s se s the The
loving words. to Wit
ton from the honorable the Canal Board together with all
St Of ag
the senate and three Of tho House to examine and
the subject and such course any further
Ss Ra I said T dn
be directed to TsrGrt within one week from this date
Committee on Canal Frauds have to send for
Resolved. if tho concur That joint select com
mtee report as speedily rs possible suo acts may in
what fraads exist in the Canal lettings and the
RESPECTFULLY REronr-
That. ofer the passage of the above legislative resou
lions the committee constituted in pursuance thereof.
nf fhp A II
Conger as Chairman and soon furnished with the
necessary papers proceeded to the discharge of their
character of the examination and inquiry contemplated
by the Canal Board the joint resolutions of tho Lcgisl
committee and imposed upon them the duty not only of
inquirng into the official action Of tho several officers
specified in the rcoutions Of the Canal Board but also
into all matters whatever connected with the canal
lettings and the due execution Of the canal law with
view to ascertain if any and what frauds existed therein
TO report what action the Legislature should take upon
the subject and if any further action necessary to
recommend such course would ensure it's being
promptly taken, it will be equally apparent in view Of
the wide extent and scope Of such an investgationhe
magnitude OF its subject and the multiplicity of the de-
tails necessarily involved that 1t was utterly impossible
for the committee to have discharged the responsible
difficult. and many times delicate and embarrassing
duties thus deyolved upon them. within the space pre-
feeling the pressing urgency Of the the claims Of
all implicated to prompt and full investigation Of
the accusations and suspicious pointed against them
and, above ALL the paramount importance OF ha-
wing at the very earliest moment, every difficulty
whether real or MISUNDERSTANDING the immediate and
unmpeded prosecution OF the great work of improvement
contemplated by the law in question removed in such
manner should be most in accordance with the Interest
Of State and best promote its welfare They have since
their appointment devoted their time and efforts faith
fully and almost exclusively to the task before them
without being able bring it any speeder conclusion
The mass Of testimony which the committee have sub
mitted to the Legislature sufficiently explains the delay
It only remains for the undersigned members of
that committee and in compliance with the acquisitions
Of joint to report such facts they deem
established by that testimony and also what legislative
action If any in their judgment Ia necessary in relation
to the subject before them Before doing however the
undersigned would take this opportunity briefly advert
20 IN attempt equay frivolous ana futile mae before
the committed for the purpose of imparng public conf
dence in the validity Of the Canal law to show that ae
ration had been made In instance In its phraeoogy af
ter its passage and while in the hands Of come charged
by law with its safe custody, complete rcfutaton of
every prctence Of th kind will be found in the testimony Of
VIM r. Bogart latc clerk of the Senate and the Hon o.
Allen. late member Of the Assembly. from Erie county,
which proves concluvey that the law passed both tn
ena or G for yora y & tine form On
statute book IL would that there had been cer l.
cal in cngrossng the bill in omtting to notice
amendment made while the bill in thcCommittee Of the
Whole Of the Senate the bill having been read third time
from the printed copy which corrected by the clerk
the bill sent to the Assembly before the
discovered. When this wns Immediately afterwards.
brought to the notice of the clerk Of the Senate he
promptly and properly corrected the thus making
the bill it when 1t from the Committee OF the
Whole and as it read third time aud passed in the
Senate In the Judgment of the undersigned this act Of
the clerk not only right, but it would have been
great derecton Of duty he had suffered tho bill to have
gone to and been acted upon in the Assembly in any
any other form than 1t actually passed In tho
Senate. Tho gentleman that Messrs Allen. Bogart
and Senator Upham present when the correction
was made and perfectly cognizant OF all the crcum
stances. II may seem somewhat remarkable that before
committee charged with the duty Of examining into th
due execution Of law, attempt should be offered
entertained TO nyaate and destroy the law itself; th
true explanation will be found, the undersigned appre
hend In inc Tabd hostility alike unreenting and unscru
puous which the Canal law has been doomed to cncountc
throughout its inception adoption and execution in or
der to proper understanding Of what action had takeI
place r.dpR not only to the Canal letting but also to h
execution Of the Canal law under which these letting
made. The committee visited the Office of thu
Canal Board. and examined the records and minutes
frm the passuge Of the law down TO the time Of suci
examination. and directed copies of such records
minutes as reai cd to either branch of their inquiry t.
b. furnished by the Auditor. and considered q
part of the testimony submitted and will be found IL
the schedule marked A. In order to ascertain the actor
of each and every member OF the Canal Board, wei
as the letting board in the awarding of contracts
and all acts connected with the the committee re
qurcd copies of all alomcnts which had been propose'
any and all members of tho Canal and letting board
either for the whole any portion Of the said work
they have been furnished with all they inform ed
except partial allotment proposed by the State En-
enecr and Surveyor and also proposed by Commits
sioner Mather The assigned for not furnishing
THESE tha they nave either not been preserved or hay
been msaid 1t was deemed the more important pre-
sent the proposed alotments made by members of tn
Canal Board while acting such from the fact that tn
letting board ostcnably acting under resolutio
Of the former board which might be supposed by some
vested solely the letting board and also because hos
allotinents made by members Of the Canal Board VIII
not members of the letting board prior TO the pa,
sage Of the resolutions of the former board the %
Of December 1851 referring the subject to tho cttin
board must be presumed to have been made In accord
with their views at Tint time; not only to tn
extent Of tho discretion which they supposed they ha
ne right to exercise in the award of contracts but also
owhat they considered to be the absolute requircmntt
Of the Law itself One Of the alotments above n
ferred TO was an allotment Of the middle division pr
sented to the Cana Board by Mr.. Commissioner Cook
which also accompanies the testimony and ~ marke
schedule d. Also Of the western divisions prcscntC
by Commissioner Follett marked schedule u wit
amendments and additions proposed to one or both
other members Of the board The minutes Of the Gan
Board furnish allotment proposed to tho board for
adoption by sir. Attorney General Chatfeli which W
made up as appears from the testimony at private dwc
ing house In this city by Lieutenant GovcrIs Churc