The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1876-01-12
Ex-AUDIToR THAYER RESIGNS.

ALBANY Jan. ii, 1876
The following is copy of the letter of resignation
sent by the late Auditor OF the Canal Department. TO
the GOVERNOR r
To HIS Excellency SAMUEL j. TILDKS, Governor ofthe
on the 10Th day Of April 1874 was duly appointed
the Office OF Auditor Of the Canal Department of the
State fNew YORK. From that time | performed the
duties OF that Office TO the best of my ability until the
2Sth of December, 1875, when was served with what
purported TO be copy of an order OF the Governor OF
the State OF New York, duly certified as such copy and
as having been that day filed in the office OF the Sec
rotary Of State, whereupon l ceased TO act rs
Auditor. In view OF the particular time and
circumstances of the service OF this paper, deem 1t
proper here the following acts:A meeting Of
the Board OF Commissioners OF The Canal FUND was
called for held the 10th day of December 1873
At this meeting which seemed 10 have been arranged
for the purpose certain persons known as members OF
Commission for the Investigation OF Alleged Frauds In
the Management Of the Canals appeared and made GER
tain statements and presented what they represented
as testimony taken before them in reference TO certain
of the Auditor in relation TO the purchase OF
thcates of Indebtedness issued by Canal Commissions,
whereupon it suggested that the said Board should
Immediately pass resolutions in pursuance of the pro-
visions of chapter 1873 Of the Laws of 1851 requiring
! the Governor 10 suspend the Auditor upon ITS
being represented TO the Board that had no hearing
before such commission and that the statements pre-
sented were entirely pdTte and new TO me- The
Board declined IN the matter then, except to
remit such commission with request that
/ be allowed to appear before II and make such stale
monts and offer such proofs as might seem proper On
the Goth of December appeared before such commits
reques the 10 be allowed TO make
statement, the form OF testimony In regard TO the
several matters which had been referred TO by the
Commissioners before the Board OF Commissioners Of
the Canal Fund This refused, and the Commits
sioners proceeded In their own manner for four DAYS
TO me- not only in regard 10 the matters
communicated 10 the Commissioners OF the Canal Fund,
but TO the others, and as to none OF which had
had the least opportunity to give any direct testimony
or statements whatever On the hith day was &C
corded the privilege of having my statement read in
evidence, occupying but few s, minutes N time and
ported, and then was again subjected to further
cross examination OF great length and rudcness The
Board Of Commissioners OF the Canal Fund had ad-
journed TO and met on Tuesday, December %, 1873
Ii only the hour Of that meeting that either my
counsel myself were furnished with a copy Of the
testimony taken Nevertheless, the matter taken
up once and, after hearing my counsel, the Board
adopted the following resolution
Resolved, That requison made upon His Excelency
the Governo to suspend Francis Ihaye the Auditor Of
the Canal Department and 70 appoint suitable person TO
the said Auditor has violated his duty IN the
tculas which alleged violation Of duty appear the
port OF the commission 20 investigate the affairs Of the
and Which IS herewith Sansnited -
The Board by the resolution, did not assume to pass
upon the question of whether or not had violated nv
duty, but, the contrary expressly disclamed any
intention of expressing opinion that subject
and simply RENTED the whole matter with the testi-
mony, TO Your Excellency This resolution
adopted between the hours OF one and two O'Clock p
NJ. Of December %. At that time and for some days
following, am informed Your Excelency was in New
YORK CITY, However, az about SIX O'Clock OF thai same
afternoon, served with the copy Of the order Of
that although the Board Of Commissioners Of the
Canal Fund had expressly disclaimed any
intention TO pass upon the question Of my having
violated my duty respect the public moneys under
my charge and subject TO my draft there never had
been by any one, any form, specification OF single
duty which had neglected nor pretence that had
illegally withdrawn dollar from the Treasury Of the
State. NJ suspension ioregone conclusion TO
be influenced by proofs argument; that in TACT the
order had been executed by Your ExceIency prior 10
the of the Board OF Commissioners Of the Canal
Fund, upon which it purported TO be founded,
probably before the closing Of the testimony
ltseems that the statute under which had been
the action OF the Executive under IT. thus find my
alleged have been violated having been made in any
form but bv an arbitrary OF Executive power
and without any means OF review trial aud without
any provision for my restoration to Office thus leaving
me suspended during the balance OF my and the
duties of Office be discharged by your appontee
In view OF the fact that not conscious OF having
violated any duty and by far the greater portion OF the
transactions in relation 10 which the testimony
taken relates entered into by me with other
motive than promote the best interests OF the State
securing the opening of the navigation of the canals
IN due season, and with the understanding from
interview with you, that such transactions would
your.approval am at loss 10 account for
precpitate action In consequence Of this anomalous
position in which thus find myself, and TO avoid any
embarrassment to the public service hereby resign
the Office of Auditor OF the Canal Department OF tho
State OF New York, 20 take effect Immediately.
Respectfully, yours FRANCIS S THAYER
JANUARY IL. 1875