The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1856-07-08

present time giving the extent and cause Of each break
and the probable cost Of repairing the same
may DO rtaned together with any other information
upon the subject you may think proper TO communicate;
and also stating when In your opinion may rely upon
uninterrupted navigation upon that division Yours truly
SILAS SEYMOUR. S. E. and s.
OFFICE OF STATE ENGINEER AND SURVEYOR
ALBANY June q, 1856.
Soon nS ist t Ass NJ Emf XG0
dent Engineer s now absent from his subdivision. You
will therefore during his absence until you duly
notified from this Office that other resident
engineer has been duly assigned by the State Engineer
that resSency please report directly to the Division
tons only from him. You will also notify the Second
Assistant Engineer, and your other suborinaes, toge
Yours q s1s ansvs saS
OFFICE or STATE ENGINEER SURVEYOR Albany
HENRY RrccIhs, Esq, First Asst Eng, Albion N r.
tSame as above
OFFICE STATE ENGINEER AsD SURVEYOR
ia wArKss Esq, First ASST Eng whl.eas~
DEAR lR-In the absence of Mr.. Chaces, the Resi-
dent Engineer on the Champain Canal you will plea ,e
report to- and receive instructions from the Division
Engineer only until otherwise directed by the State En-
sILAs SEYMOUR, s. E.
OrTIcE OF STATE ENGINEER AND SURVEYOR !
ALBANY, June 2, 1858. (
Thomas II. LEARNED Esq, Second Asst Eng Waterford
(Same rs prcceding.]
ANSWER OF THE STATE TREASURER.
STATE OF NEW YORK, TrEAsckEK's OFFICE
ALBANY, June 26, 1856. (
To TIE GOVERNOR OF THE STATE or NEw York -
SIR-Havng been furnished by you with a copy Of
what purports TO he paper signed by Sllas Seymour
State Engineer and Surveyor which vague suggestions
Of misconduct are made against and other members
Canal Board action OF the Executive in re-
aton thereto invoked that This paper has been
lodged with by its author the foundation OF pro.
ceeng against mo in my Office as Treasurer OF the State
and that you regard II containing matter demanding
fheial notice.
had before been advised through the public prints AZ
to the general nature Of complaints made, the
from which they emanate and the political reasons de-
manding their preferment and newspaper organs
experiment while others have even gone SO far a. to
publicly announce with approval that you had already
made an order for my suspension from office.
These announcements have regarded a. a, least pre-
mature; and being now in possession, from official
source, OF the allegations made against me- take the
earliest occasion 10 communicate to you the views which
have governed and will continue to govern my action
r as respects the ground Of complaint disclosed in the
also with respect TO any executive action which may be
Upon careful examination OF the paper 10 question
am not able to discover any other complaint made
against than that in connection with the Comptroller
Attorney General Secretary Of State and Canal Commits
soner Whallon, I had placed my name 10 n paper in
sructpg H. " D. Barker, resident engineer located
Albion, the Erie canal, 70 assume charge OF resi-
oercy the Champaln canal located Waterford and
also instructng Mr.. s. A. Charles, the Resident Engi-
neer before then located at Waterford to assume charge
Of the resoency Albion. In other words the charge
il that, by permission Of five State officers composing
majority Of the Canal Board Mesrs Barker and Charles
engineers OF equal grade and OF unquesoned capacity
allowed or directed to change places II any other
Of mine Is complained Of havs failed to discover IT,
and Surveyor 10 the degrading effect OF this action OF
the state officers upon the engineering department OF
the government his views Of his selfrespcct and
dignity OF his oince as anything more than natural
imitation OF speech, and attempt TO a very in
significant cause Of complaint under an immense "a.
sumption Of official dignity and personal importance
neither suited TO the Office. the officer the occasion
Assuming therefore, that have correctly interpreted
the nature OF the statement upon which proceeding or
founded, shall show iha, the &C, imputed 70 m,
and my associates In the Canal Board wa
strictly authorized by law, and demandei by q JUS,
regard 20 the public welfare, and that II be conceded
10 have been an act the Governor has nos
any authority whatever TO take cognizance Of any
y ANTS concerning IT,
In order to full undcrs ndns Of the powers and duty
OF the Executive In the case now presented, II will be
necessary TO refer TO some provisions Of the statute
touching the powers Of the Canal Beard OF the State En-
gneer and Surveyor and also the relation Of the reasu
by chapter n Of the laws Of lsls, sec g. IA provided
general supervision Of the engineer department, and
shall perform all such duties In relation 10 the canals
shall be required by the Canal Board and shall visit and
inspect the public works q this STATE often his
Judgment u shall be necessary"
ny chapter 3.I Of tho laws Of ls5o l. enacted
gnccrs exceeding three and many resident cngi-
not exceeding twelve, and many first assistant
ntcrcs, 10 require The state Engineer and surveyor
sba and define the duties OF the said engineers
50 appointed and shall assign division 2, the canals 70
~ each Canal Comnssouer and 10 each resident engineer
such subdivision q the canals and 10 the first asssant
engineers such location, as he may deem proper"
II Is thus manifest that the STATE Engineer In so nc
respects subordinate TO the Canal Board and he may
required 20 perform such duties In relation u the canals
that body may deem necessary " the public nter
The state Engineer may assign 70 the DIVISION resident
nard their respective locations Yea when a. assigned
be each 81 them subject 10 removal by the Canal
Poard And can scarcely be doubted but that the
Canal Beard, having the general aud supcrinen.
dencc q the canals Of the State and the power require
Tire state Engineer 10 perform such duties In relation to
the canals a. in t. judgmcns the interests Of the state
may derand may require the state ,Knccr TO locate
engineers in particular places or may any In
cumbcni when tied, and appoint successor an
particua vasancy THIS power essential TO the good
governms n, Of the canals and warranted by the whole
theory ostslaon 70 respect 20 The managemeni o. the
the action Of state Engineer, whose assignment of
places 10 engineers appointed by the Canal Board tended
jnurc public nietess ana Subject individual subordi-
unnecessary Inconvenience, Is manifested by
the acen q tho present head Of the Engineer depart
In respect 10 the two instances nov made matter ~
complaint, was well understood that the Canal Board
Mr. Charles 10 the rcsidcncy Albion. These appoint,
mcnts made with reference 10 the peculiar
fitness Of each for the psoe they were expected n and
nom the places OF residence Of each
The points nj which they be located
and by Of their great familiarity by previous
charge.
The present s1,e Engineer and Surveyor however, for
reasons disconnected with the public interests. directed
Mr. Barker 10 assume cha,gc Of tie rcsidcncy a, Abicn
md Mr Ihsree Dr. pl,ccd from that reside ,cy,
sheIe s Yong es ssri. nee he had become familiar with
engineer and directed 10 locate himself nj Waterford
aud assume the charge of work with which he
scquaincd. II correct this performance Of the
state Engineer and Surveyor, manesty detrimental 10
the tercsts involved In the proper management OF the
rsnas, that majority of the members Of the Canal
ioard scned the In uctons Of which complaint made
designing this way TO repair the mischief which might
ensue from attempt of the state Engineer and Sur
veyor to oyerrule Judgment Of tho Canal Board for
purposes other Than the promotion Of interests OF pub
| tc character.
vness be held that the Canal Board IL powerlcss 70
correct the mschievous action Of refractory officer
within their general ursdict m the act complained Of
sss as strictly authorized by Law m proper upon
cvtry confederation connected with the iudcous
nsgemcnt &c the canals or due regard 20 the convent
these charged with The immediate upsrinfcnd
Of public works.
Enough been said 10 show the utter eroundessncs
~ the allegation that the five state officers who signed
the instructions referred TO- usurpcd power they did
poss ess; but " u be Otherwise, and the instructions
given wholly unauthorized, the Governor IL not
il "a AM .n.anr IA lnfa fare