New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1853-05-31
COMMISSIONER MATHER's REPLY.
The Charges Against Canal Commissioner ,fathsr-
HIS Answer.

against JoHN c. MATHER, Canal Commissioner Mr n
had no opportunity 70 reply previous to the adournmens
but Yesterday he sent in elaborate answer Of which
give the more important points AFTER commenting srongy
upon the course pursued by the Assembly and rs Commit
tee in allowing him opportunity for explanation DE-
Tense, he says;
The report of the Select Committee alleges that certain
spec6ed and unspccifed acts of the Canal Board 81 The
board of Canal Commissioners and OF the letting Board
for Canal Contracts under the law OF ieo were etaef
without authority Oi law, improper heS@ haouuieli "
II also alleges that certain acts Of mine nber Of
the boards mentioned. and Canal COMMISSIONS IA
charge OF the division Of the State Canals Of
the character and require my Impeachment for high
crimes and misdemeanors.'
The Committee alleges that the increased expenditure
for the repairs OF all the State Canals in the year ja
that of 1851 and also beyond the appropriated BY lie
Legislature, is illegal. improper and excessive.
That the action of the Canal Board In making a.,
lowance 10 John McCaughn, and in falling 20 Ss
perntendents Waterman and Barrett, when notified by As
Auditor Illegal tending to swell and enlarge the ca
nal expenditures, snd bring INTO contempt the power q
" the Legislature -
That the Board constituted by sct chapter ass svs
Of 1851 for making contracts for the completion o The
nal, were guilty Of violation of the Instructions OF the
Canal Board wliul neglect Of duty and most eKtsa
sve and corrupt coniederAcy Ia awarding those eoa
tracts"
In the cases above reced the Select Committed present
allegations against several Boards OF which lama member
and am singly cited to answer and roply 70 them
The Committee also ALE go against ne, individually
That because the expet ditares for the repairs OF he
eastern division Of Canals in 1852 exceeded those in 1851
they were ecessary large and require 10 DO checked
By the action Of the House.
s. That the payment made by me to John McCaughiu.
under an order from the Canal Board, was illegal
That failed in my euty in not removing SuPenn.
tender Waterman and Barrett when was informed that
the Auditor was dissatisfied with their accounts.
T. That had expended large snm m the construction
of the canal dock at West Troy illegally and without aa
hority and that the (aegsd subsequent action Of the
Canal Board, in authorizing the expenditure could no,
heal the tprevious breach of duty and eghe TIL, eT
"cess of expenditure and that the expenditure itself
"wasteul, e1Iavagant and Illegal use Of the public
"mObey"
e IN It the removed of a sand bar in the Hudson River
at the mouth Of the canal at West Troy illegal and
Unauthorized because las the Committee alege
part of the Erie Canal
O. That the expenditure for the removal Of bars in the
Albany basin was another case tof unauthorized and
TO- That ii did not make the number of vsitations
"(of several portions Of the Canal required by law and
"that those made not of tho character which tho
"pain letter and spirit Of the law contemplated
H. And finally that have failed 10 appear by myself
agents and to employ counsel before the Canal Appraisers
in many cases and one undera special law whore decided
that had authority TO appear on behalf Of the State.
and have therefore, Tin the opinion OF the Committed
The Alteration 81 the Select Committee agalnsIns seve.
rs Boards and myself so mingled together that am
compelled to extend my replies TO explanation OF many
matters for which am entirely irresponsible
In TO their first allegation therefore, reply
That the annual expenditures for canal repairs in.
evaby greater or less in one year compared with another
troll also those upon section OF the canal
pared with another. The simple fact OF an increased
diminished expenditure IN one year or ON one section,
compared with another is no evidence Of either exray&
gance d omy
The Legislature in making their annual appropriations
for the repairs of the Canals and the EXPENSES OF collection
of tolls are governed by estimates prepared in advance BY
officers who never visit the Canals The elements ard
other circumstances may render increased expenditures
necessary, all Of the Canals different divisions
thereof The law renders il the imperative duty Of each
Canal Commissioner 10 mainain the navigation Of that
portion Of the Canals under his charge and the failure Il
the Estimating Officers 20 provide sufficient for Nn
tanning the navigation and performing such other work
the Canal Board and the Legislature direct to be done ani
charged to this fund, has led the Committee state
through series Of years. to expenditure beyond tho
appropriated by the Legislature.
the funds are improperly applied by other bodies the
Canal Commissioners LEFT TO the alternative Of exceed
ing the appropriations, or OF violating the law and Their
duty 10 the public by suspendiDg the navigation
IN reply to the second specification, have to state hl
after most careful and deliberate examination Of the Al
l0wance made 10 Mclaughlin, aud the preseDtment for the
removal Of Superntendents Waterman and Barrett ms
jOriy Of the Canal Board, including myself arrived At
y1y different conclusion both to the law aud our dsg
under end TO the public from that which the cOnsai
attendance in the House and the short time allowed tie
Committee could give TO these subjects as will appear
more fully in a subsequent place.
The presentmeBt Of the Auditor against al Of lhs
SuperLtendents Of Repairs the division Of the
Canals and the construction Of Law conteDded for by he
Committee bad been sustained by the Canal Board wos1
have required the removal 81 several yigaft and active
officers, on general and vague charges without giving
ihtm any opportunity for explanation defense and a
the result Of "leDgthy and expensive investigator
proved in two ofthe cases wholly without cause Of con
" plant for any corrupt violation of duty"
il may also be remarked IN this connection, that all thts
supeTntendents thus presented for removal BY the Au4
tor Except two and including the Two who tired asi
acquitted were nearly unanimously reapponted 10 oms
ia February last.
The highest legal authority and the Old
public in accordance with the views held BY the ma
Oriiy Of the Canal Board and decidedly against those a.
pressed by the Con mitiee.
II is believed therefore that the conclusions Of the Con
mittee wholly unsupported b. law and the facts in as
care.
Jn relation to the tkd specification on pages 10 and
Of the Committees report viii be found tue following 40
gusge, and il is all that Is said the subject 1.-THE cass
ettings Of lf5l
"on I'D December 1852 the Boe6 NJ Aher est
prefent ard voting for them passed resolution 6c7 The csn
only reaa u iasnefioas qj ne Csna Bad
but otal dsIesd and the Committee believe Villa ~
that oct The evdence alec Satisfactory your Consc hsss
5Sst s1la'r. and eS'ysI, se.acy "a aardg 's eo's
The con mittee have RETAINED from an investigation
the lettings Of 1881. Others nay thank them for this
was 10 favor to my friends not By any diy
sion Of political parties ancient or modern 10 majority
either IN the Canal Board or citing Board beleyedhs
work should be let ard knew from The varied interest,"
ara views existing In relation 10 H. that lot at all w0la
De IN comprehensive award which should AZ dRPL
regard Tor these various views and interests Tue resaa
proved was right and voted for the award that cost ne
stare me least money. And the award voted for pro
seIttd an equally satisfactory list OF contractors aud sure
e and an gregaie Of expense several hundred houal
dollars less than the award sustained aud voted for b ls
iAeHf Governor, the Attorney General, and other unm
peached and unpresented members Of the Cana Board
state his not accusation against them, but one
The facts belonging to the history Of those lettings Al
was not in majority, could carry no proposition Al
or the interests Of the State. This did. The Lennz
Board consisted Of five consequently c0uli have ovng