The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1877-11-06
condition, and the further liability of the
State on her guarantee on S300, 900 OF bonds

haze toiped out and eItingnlShed eight hun
dred and neightyf thousand 'Idottars OF he
public debt.'iWe have put S5iG, 600 OF debt,
on which the State is surety, IN such condi-
tion that she never will IN alIprobability be
called on. to, pay, it. Under these circunl-
stan ees we can we'll he content with our po-
sition! !" We 'haYe done our work faithfully.
No,o itis sought torepudiate. the acts OF the
State agents who transacted this business
with .tis. Il Yow The authority OF the Board
Of PUBLIC Works to- act as they have done
lis denied and -disclaimeds The State has
got the benefit. tits sought to make her re-
tain it and! Fepudiate the authority OF her
officers who secured it to her, =; r.;l..s..
They "ddopted such measures as IN her
judqment ,cere necessary and advisable to
realize the preferred liens Of the State" :
These (" necessary and advisable meas
ures" were to contract with US j." to secure
the aforesaid debts and interests OF said
State in said canal company by securing
possession OF the canal and appropriating
It's tolls and revenues to the payment OF the
said debts and liabilities and other debts
and liabilities due by the canal company to
other parties as well as to said State" and
that such contract was to be considered as
performed " as soon as said canal or its tolls
and revenues is delivered or appropriated
to the preferred creditors thereof or trustee
for them" They never contracted that we
should procure a release OF the State from
her guarantee or the payment OF the debt
on which she was bound. The largest part
of that debt would not fall due until 1885
1885-tifteen to seventeen years after the
contract was made. No board nor counsel
would at that time have made any contract
which it would take so long to fulfil. But
the Board knew that If the canal or its tolls
and revenues were appropriated to, the pay
nient of its debts instead OF being sqllan-
dered on politics, then the result would be
the relief Of the State and the realizing OF
her preferred liens. Those preferred liens
could be realized. in no other way in their
"judgment." Our contracts have been
scrupulously performed by us, and final
settlement made under them. They We're
made by and executed under the SUI
pervision OF two Governors and two
Boards of Public Works, and under
the administration OF two Attorneys-Gen-
eral OF Virginia. They were approved
as legal and authorized by ex-Lieutenant-
Governor and Judge Robert l.. Montague,
and ex-Judge and Lieutenant Governor
Henry w. Thomas, members OF the joint
committee Of the Legislature in 1874, and
by Raleigh #. Daniel, Attorney-General.
We have never had doubt rs to their jus
tice, wisdom, and authority, nor have we
yet seen lawyer OF experience or reputa-
ton who differed with us on those points.
YET no,c the authority OF the State agents
to make it is repudiated. -
No,o we are held out to the world as
counsel whose transactions with their client
have been so illegal and ambiguous as to re-
quire investigation by other counsel. This
great wrong has been perpetrated upon men
who have given years of labor to protecting
the interests OF Virginia, and who have per-
formed for her work OF the greatest value.
We shall not be content with any halfway
atonement for this outrage. The only ample
reparation which we can command Is the
decision OF q competent court. No news
paper discussion nor hustings debate Will
SUFFICE. We are entitled to n judicial deci-
sion on our rights, and no vote by any body
of men shall stand unchallenged as even an
implied censure until such decision is had,
or full, free anlerde is made to Us by
proper authority. .a: -::..'':.. '..-
The gentlemen appointed by the Govern
or under the resolution OF the House OF
Delegates have entered on the Investigation
with which they were charged. We have
supplied them with every facility and oil
the information they desired or we could
command to enable them to acquire
thorough knowledge Of the whole transac-
ton. Books, papers, accounts, and records
baye been freely furnished them by us, and
having frankly done so,'we addressed them
the following letter on the 9Th OF October
last, which explains our position and inten-
tions at present: ..'.'
wRICHMoSD, VA, October s, 1871
"Hon. flames IT,, Field,' Attorney General,
j. NJ. forbes, and B. W. Sea,oeH, ESqS.:
"Gentlemcn, Having been informed by
you that we have furnished you with all
the information and explanation you desire
or can suggest from ms, we beg leave re-
spcctfully to make the following statement
to you: ..., ,.., w. ....,..,.,
interest in the Chesapeake and Ohio Canal
Company, made in 1861, were approved by
the Board OF Public Works in 1911; finally
settled and approved by the Board again in
1878; examined into and approved by 4
Joint committee Of the General Assembly
in 1874; again examined by committee OF
the House OF Delegates in 1877, and now
again fully investigated by you as counsel.
"Thus we have been obliged to undergo
this very laboriouS explanation three several
times, and until this present year-ten years
after the making OF the contracts-ior the
first time has any official person or body in
dicated any dissatisfaction with the action
OF the Board OF Public Works or ourselves.
at is admitted by all, and can be denied
BY none, that we have scrupulously. per-
formed our contract, and have settled with
the State in strict accordance with 1t. And
the only contention now IS that the Board
OF Public Works had not the authority to
make the contracts they did make with Us.
Under all these circumstances we feel we
have Just cause Of grievance at the spirit and
manner in which the present Investigation
was instituted. We, tender you our ae-
acknowledgements for the uniform courtesy
and frankness with which you have con-
Quoted it; but, after having; been held out
to the world by the action Of the House OF
Delegates alone as counsel, whose conduct
towards their client: required investigation
by other counsel to ascertain II the State
had cause or action against them, we con-
slider that the only practical, ample, full,
and satisfactory reparation that can be made
us is the Judgment OF the highest court OF
competent Jurisdiction on the questions in
yolyed. We invoke that judgment, and ask
YOU, as far as consistent with your duty to
the State, to institute, rs soon as you have
power, legal proceedings in competent
court to secure it. -
:, "This communication would have been
made to you directly after your appoint
ment, but we thought it due to ourselves
first to give you all the information we pos
sess and disclose the whole case to you in
stead of occupying the position Of parties
unwilling to disclose their case, and yet
asking suit to be brought against them.
.-;.y..- "Your obedient servant. .,..
an. Il T. P. Poe. -