New-York tribune., 1867-06-24

sde doe1ient Of s OooOcO which the canal has actually
them this time Wis Tsh % ,he Smd ee of each
canal and know precisely what they cost nc nc tat mn
want although they think do not know how to state hc
matter / wish statement like this We VII tay 20 ioa o
1s62 on the canals and in that time gets back
but in meantime the State has lost the Interest on luis .s
outlay. admitting that the whole sum pald Out as p', ~
paid back But instead OF that the COinllsso.c'' ni
their conmnnicdtiCn favor us MIN M inns n NAV bo
stated that the records from which the inforinao,
sought must be derived arc not In the possession u
the Commissioners or Under heir coh%um % 20 -? S"ditor
Chapter lG2 Laws of sIs creating the once Oh niU @
iOrtant powers that had previously been exerced py
ihe Commissioners of the Canal Fund from @ Tue , Ug
tnguislcd gentleman from Orleans (Mr. Church,, who
has been both Controller and Lieutenant oi
this ate and In both capacities member OF the 1i
~ ~. ~, ", ~; ~ @ hond he addressed to the
Commissioners of the Canal Fund body which m
cudcs all the persons from whom tle lohittol ~ a.,
DC Ie d tEhT th nmo p Of m tnc Canal department
is Inc Secretary of the Commissioners and rs her ocl
nacr ON The order of his sulcrors tho commissioners
The Commissioners meet In the state Iall Wn'lo uo
Controller occupies room, adjoining which is he room
of the Canal Auditor or an, rate, their rooms arc on
the same floor and near together Ihe ,,1 h
the Canal Fund and the Auditor OF the Canal boi; @ Do
have their records there, and they can answer olr lu
without difficulty When We say that we van. tI r
information 10 act upon, reference TO the Canals az
they would have to do would he TO say Mr. secretary
will You go to our department ana uis VIM. AZ ~ Zen M
quI2d have no d0rbt that such orders is Dc E,a,
every day to their Secretary when the C"iniSsonsis
such documents pFOC.iCcd rs VIII ciltpIo
them to inteligcnty determine upon giiNu ant %nY
arising before them But they report 10 lis Una. my
not in their possession although they in the posses
OF their secretary They cannot give TINS cohuetsc
Secnnsc their secretary has it! Mr. President, IL this
does not combine evasion and en- notey IN VIZ ~
suueror measure, then totally fail to comprehend is
tenor; aud that view move that this response be re-
turned 70 the Commissioners OF 'o & on ~ th c,tcpop
from Westminster ir Greeley the whole need OF good
an pNfe cd
taken this opportunity, and leave him TINS opportunity
which is at issue. Sir took the liberty when upon thc
floor. this question. the other day to say TO the gee
in regard TO the affairs OF the state connected with the
canalSthat his inquiry was IN the wrong droGno;M % M
also took the liberty as bad the right to say rom e
information had received. that every particle oi me M
Qury which he had made would be answered IN i ulo
of due time, under the reqnlston ol .he IL
preceding here Now sir SO Tar as rcga&rus rus ths @
Question PERM; me again 10 & say Una, sisaG Is 'T"S mn III" IN h
place here on this floor and SAID IT would ~, be nSnrr DTrr
Of the gentleman from Wcstchcser lMr Gree
levi, from the Controller TO the Commission.
ms place but have authority TO say tai ne hl, m
self has since stated Iat he was mistaken IN wai nc
members OF this Convention whether he should not move
a reconsideration of that reference IN order to direct me
Canal Department So much, Sir as regards the position
assumed by the gentleman from Westchestcr or Grccey
i'm reference 10 tie gentleman from Orleans Nir Church.
Nrw Sir another thing. The statute in regard to this
matter ccmp,oiy All OF the books palcs, ana ,, a"G
thr canals are transferred by the law isis, TO the
AUDITOR ana hc has the entire control aud custody OF
them, aud only by courtesy can the Controller OF ihe
Commissioners Of the Canal Funf invade ms q, paih.nt
tuc occupies also the position Of secretary to the Com
mssioners Of the Canal Faid. but he docs not occupy
that simply AUDITOR for as Auditor under the law ne
has specific duties 10 perform. outside OF and beyond
Jurisdiction. lie Is also by virtue OF his Office CLERK
of the Canal Board hut he the ess Auditor and
compelled by the law To do and perform the dncs wh
law gives into his hands Another Thing SIR the gentle
man from WeschcsteT ir Greeley undertakes To say
that have been three weeks IN session. and that ne
upon the very first day OF the session. asked Tor TINS
information ard has been again and again told that was
to laid upon the table Of members Why, SIR Know
the fact and the gentleman from Westminster tMr Gree
ley) he uuld believe his fellowmcn. can find out the
fact by Just crossing the distance from here 70 the satc
an additional force thereto also have been employed dill
gently earnestly, and laborously from the time the
manual TO he laid upon our here the futherarce
Of the performance OF their duty They have sir worked
all these questions IN the various lights ana phases IN
nnon o,,r fablesand were originally Intending so 10 DO
and working that directionch and every Item Of IN
chester ir Greeley in his original proposition aud by the
amendments connected herewith and they would have
done without any regard whatever TO the resolutions
at liberty TO and t. state disticty here 20 far
as matteris concerned they are working with the ut
weschester tir Greeley had been right when he
source from Which he had called for it, the labor
~ to respond to me inquiry Wond have compelled them
speaking and they would have been unable o have done
Now sir the Controller Of this state the Secretary Of
State OF this State, the Attorney Of this state
and the Treasurer Of ths sta:e are-ogcthsr with ne
Canal Fund. They have received this resolutisn respect
fully they have treated respectfully; they have respect
fully said this Convention that they would gladly
given them this fonaion and when the proyiso says,
If the information is IN the Manual they may forego the
giving IL into tho hands Of the Convention piIlte
and distinct matter they IN turns that the
Manual tO contain this Information; and they say what
j. entirely proper not BY way Of INSULT mol standing
upon tlcir dignity because Of attempting to take them
OF the province IN which they but by the OF
information 10 the Convention, for lis future action
that II they desire any future aud other Information with
speedily easily satisfactorily by going
the head Of the department in whose custody the info
ing body who has not honestly and under the law in
ifs control and asking them 10 deal ont secondhanded
this Convention; they getting IL from the from
which this Convention can receive the information In
regard to the question II the results upon the revenue
OF the State, OF the canals take IT, that the
proper time viii come to speak with regard 10 that but
that time in my Judgment has not arrived. II better
TO wait waiting In these various cascs, for the
reports OF committees When they shall have examined
these things critically and carefully from one end to the
Of this House. and we take them up IN parliamentary
order In committee of the whole, shall e very happy TO
cross anees with gentleman from stcr r
Greeley il we shall disagree march arm arm
with him hope not either of weeping to the
suit OF the COnyentOne abOrs .- I"
Mr.. schoonmaker-l desire 10 say word with re-
gard the prOprety OF the original reference the Com
nissoners Of the anal Fund the propriety return
ing It, 4 do NOT desire 10 enter into the general discus
Canal Er[u Fund because have ref referred the Convention
10 the Auditor. That question or the status Of the
Auditor has been matter OF discussion aud decision in
the Court OF Appeals Some years ago the Auditor re-
missioneis ON the ground there was no authority OF
law for drawing the draft him. The Auditor refused
10 pay the draft and the Supreme Court granted
dnnus to compel him to pay II was rs granted ~ the
Special Term and an appeal wac taken to the General
Auditor then took the appeal 10 the Court OF Appeals
tnOrity OF the Auditor directly IN question before
that court quote the language OF the Court IN the case
1