, 1859-02-12
The Leavitt Claim in the Legislature.

The Leavitt Claim in the Legislature.
Iron the Esate JouzpalI
HoUEE or REPRESENTATIVE. 3 ls59.
The special order wss taken up, being the sRe.
port OF tho Committee on Mr, Leayitra claim,
In oonelusion, the Committee recommond the
adoption Of the following resolutiona: -
R<.oleed, That lhe allowance Of the claim OF
David Lssvits, for forty thousand dollars BY tho
joint action Of himself and G. Il. Ray, 'two Of
the canal trustees,' IVES unnise, and made
against the established facts appearing upon the
public records.
-Rsso11td, That II il se1pedient for The Leetalaf
tnre Of this State to appoint an agent to confer
with Capt. Swift in relation to the prosecution
of tho cIainf for 90 GOO against David Leari,t,
and to take such solion Ia tho premises u the
interests Of the State may require.
Ar. Campbell Of Logan moved to adop: the re-
port and read resolution.
Nj. Hurlbut moved to strike cut the words
tand msde against the establiahed facts sppenr-
ing upon the public records.'
Mr, Graham mo red TO lay the amendment up
On the table
; Boil called with the following result:
YEAs-MessEs. Anderson, Bane, Barrett, Ber~
r, Brewer, Campbell Of Logan, Cummings, D..
vis Of Montgomery, Davis Of Stephenson, Det-
Green. Hacker, HAMPTON, Hardin. Harmon,
Kick Of Gsllatin. Hitt Hoies, Job, ker1ey- King,
McClesve, MeElraine, Metealf, Powell, Pulley,
Roosevelt. Rusb, Shaw, Shirley. Short. Stephen.
son, Sloss, Updegradl, yermiyes, Wilson, Wood,
NATs-Messr.. Baker, Brace. Bryan, Butz,
Campbell Of La Sale. Church. Gilmore, Haines,
Aick Of Livingston, Higgins, Hood, aurlbut,
JRrrot, Maek, Mccall, Miles, Moore, Norton,
Pa.seu, Peck, Plato. ProtbroF. scheel. Ssickel,
Swett, Towneend-2C.
E1cusED-Biaisdell, DsWoli, White.
%Ln1$ $b1$.r
amined the subject very minutelY he did know
that the atteF1psrs Of tte frat resolution Was
true. The records OF the Office under Gov, Mat
tesou showed that he approved the claim.
Ar. Campbell Of Logan quoted the following
from the report: "That in Hay, 1854, Governor
allow the amount olsimed By Mr. Leavitt ont Of
tbs csna1 fund, bat shat on further investigation,
both Cor. Matteson and Ar. MrRoberts were un-
willing TO take upon themselves the responsible
il Of allowing it without the approval Of the
Legislature"
ed the fact eet ont in the Resolutions
Mr. Graham remarked that nothing On the re-
| cord shown the claim WAS Just.
Ar. Campbell Of Logan quoted the protest Of
Capt William Il. S.its, dated Bosson, October
24. 1857.
III. Plato1emarkcd that the very protest read
proved that It was not upon the record for while
the resolution vas dated 18th October, The protest
has the datc October 24th. He reasse.ted that
the records khow to the contrary. oil the resou-
lions The real controversy vas not as to 3lr,
Leavltt's claim but as to who should pay it, and
he denied that the records in the canal office show
ed anything else. ::
Mr. Graham made the following extract from
letter from Cor. Ford. December 23i: " Tie re-
turn Of Mr. Oakley, thu two last times, and the
present agency OF Mr. Leayttt, were entirely vol
ultary on their part, and l sm not advised that
thhy Fynfrt any cnfunpns saffGn.
Mr. Pluto continued to ask where upon the pub
lie records any proof Of the facts stated in the
protest Of Mr. Swift was fund.
Mr. Graham asked ar, P. to inform him where
Leayitt got his authority to act at nil 60 that he
obtained the basis OF the claim.
Mr. Plato. Tint WAS not the question. The
question here Is, was it made against the public
HI. D5srich said the gentleman was contena{Dg
against the resolution upon the ground that the
truth Is that application Is made to the entire e-
cords Of the Stale.
Mr.. Peek had nothing to say with reference to
the payment of the money, but be thought it
wrong Tor the House to make up publ: record
after an oct to condemn mau. He remarked that
Coz. M4tte il he Withdrew his recorded appro-
Sal OF that claim, should have recorded that
withdrawal.
Mr. Davis Of Montgomery. did not desire this
thing to so of On Qaibbe. He thought the uue4.
tion was as to the justice Of the claitt and not
about public rpcords, fer these If he understood,
were rut oTcr favorable to the allowance Of the
claim, because the public records no where show
that there was au appointment Of Leav'ts. He
remarked upon 1eaviti's voting IN bis own favor,
and tl,9t the third t1uctee was absent
Nr. Peck remarked that lls complaint was that
record had been made up, the protest was not
presented until after the claim was allowed, and
Lad it been Of record, to stand against the appro
val Of Gov. Matleser, the canal trustee would
probably rot have allowed the claim. He bad
understood that this report itself was made out by
the attorney Of Governor Aatteson.
Mr.. Cummings called for the previous. ques.
tion, which was ordered BY ayes e6, nays D..
A division OF tie question being called fnr,
tho fr3t hectiou as foliowa was submitted and
adopted:
u. E<soloed, That the allowance Of the claim
of David Leavitt for forty thousand dollars, by
the joint action Of hiuselt and G. b. Hay, two
of the canal trustees vas auHise.''
The beeoud section Was then submitted as fol-
lows;
"And against the established facts appearing
upon the public recorda.''
The vote was as tollowe:
Yeas ~, nays ~. Exc1sed-Townseud.
4s. Davis Of Stephenson, explained his afir-
'mative vote, believing that the public records
showed the facts set out in the report. He b.
lieved that the Trustees justification was good
outside Of the record.
Mr. Baker stated TINT in committee be voted
against that part Of the resolution, ana he LOW
desired to be excused; not being excused, be
voted in the negative.
Mr.. Townsend remarked that be was not poet
ed On the matter and desired to be excused. 10
excused.
Mr. Campbell ct Lcgan, moved to adopt the
seeond resolution
Mr. Mack moved to substitute that the Gov
eFnor confer with Capt. Swift in relation to the
claim of Mr. L5avitt, and to take such cction a.
the intereta may require.
Nj. Gsahau objected On ths ground that as
Misunderstood the Governor had already e.
pressed himself in favor Of the claim. He moY.
ed 10 amend 10 insert the name Of Mr. Edwards
,as agent.
The; discussion WAS continued By Me.srs.
Church. Davis Of Montgomery, Green. Pinto and
Graham.
Nj. fecx Remarked that Dr.. Ray does not de-
sire TO shrink from auT Investigation or respon.
sibillty in this matter He would propose to
amend. that it is expedient to authorize ". II.
Swift 10 appoint such agent to attend to tha in
terest OF the Stats.
Mr; Mack accepted the substitute offered By
Mr. Peck.
Mr. Green moved to amend to insert "that
j. ". Edwards bs and is hereby appointed to
prosecute the claim. &c.''
As. Hacker would opfose ali these appoint
ments, 13 he did not believe that they would re-
suit in nught else than throwing good money
after bad.
Ar. Church continued the debate.
On motion Of Ar. Brewer, the Houss ad-
journed.