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stay in Madison of six days, and the period of ten days the acting commissioner remained, neither of the former board appeared, except as before mentioned; nor the contractor, James Morri

son.

On the 4th of June last, the acting commissioner addressed a letter to the contractor, informing him of the acting commissioner's readiness to discharge the duties of his office; to which no an swer has been received.

On the 17th of June last, the board mailed a letter at Milwaukee to each of the former commissioners, notifying them to meet the present board at Madison on the 10th of July instant, to settle their accounts, agreeable to the 3d section of the act, "approved March 8, 1839."

On the 10th inst., the board convened at Madison, and, up to the date of this report, neither of the former board of commissioners have been pleased to meet us here, excepting the resident com. missioner, who has at all times expressed a willingness to settle with the board; but we are of opinion that this board cannot, in strict pursuance of the law which prescribes their duty, settle with only one of the former board, when the treasurer is absent with all his accounts of disbursements, &c.

The progress of the buildings towards completion is in nearly the same situation that it was when we last adverted to it, as no additional men are employed on it; and, judging from the past and the present, we feel warranted in the conclusion, that there is little or no intention, on the part of the contractor, to complete the buildings by the time specified in the contract, to wit: the 20th day of September next.

We would further report, that from a liberal estimate of all the 'expenditures made in building the Capitol, from the time the con. tract was let to James Morrison, to the present time, the amount of money expended cannot exceed the sum of $13,500; and from the report of the acting commissioner, it appears, that the contractor received out of the property belonging to the Territo ry in April and May, 1838, the sum of $7,969 70; and from the statements of the late acting commissioner, (as we have been

unable to obtain any vouchers to that effect,) we are fully convinced, that upwards of $12,000 has been paid over by the Treasurer to the said contractor, out of the last appropriation by Congress; making in all $20,000 or upwards; but which, allowing it to be just $20,000, will show a balance in the hands of the contractor, over and above the amount expended on the Capitol, of $6,500.

The fact that the contractor has received the sum of $6,500 over and above the amount of work done, or money expended upon the Capitol, in connection with the circumstance of the inattention of the late board of commissioners to the notices of this board to meet at Madison on the 10th inst., evinces in our opinion a state of things, which do not subserve the best interests of the Territory, and a course of management which has in its object, some other design than to afford this board an early settlement and ready funds to discharge their duties in the most profitable manner to the people of the Territory, and operates to defeat the intention that the Legislature had in view, viz: the immediate completion of the Capitol.

A sense of public duty requires that this board should communicate their views in relation to the manner in which the work has been done upon the Capitol, and accepted by the acting com. missioner; and in doing so, we are compelled to state that the walls of the building, the construction of the work, and particularly that of the roof and dome, are of that character of workman. ship, that a public officer, acting for the best interests of the Ter ritory, should never have accepted of.

The present board are not in possession of any Territorial funds, nor do they soon expect to be, and there is some work necessarily required for the safety and security of the building, which is not included in the contracts with J. Morrison, and which it is important should be done before the building is finished in. side.

And this board would further report, that they have good reasons for believing, that a co-partnership has existed and does still exist, between two or more of the former commissioners and James

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Morrison, the contractor; in the business of constructing the Capitol, and managing the saw-mill, &c., as well as in the mer. cantile business at this place; and that all profits or losses in the management of the business, benefit or injure alike all the persons concerned.

This board, in saying thus much, state only what they do con ceive to be the true state of affairs; and what, also, will serve to explain, in a manner, to the people of the Territory, the singular and mysterious conduct of the late commissioners, and the contractor, for the last few months.

All which is respectfully submitted.

Given under our hands at Madison, this 16th day of July, 1839.

JAS. L. THAYER,

L. H. COTTON,

N. C. PRENTISS,

Commissioners on Public Buildings.

Document B.

REPORT OF THE CHIEF ENGINEER OF THE TERRITORY,

ON THE MILWAUKEE AND ROCK RIVER CANAL.

MILWAUKEE, October, 1839.

To His Excellency Governor HENRY DODGE :

SIR-I have the honor to submit to you the following report, pursuant to the fifteenth section of a law passed at the last session of the Legislature, "providing for aiding in the construction of the Milwaukee and Rock river canal."

As the management of this work is in the hands of a chartered company, I can report upon its details only so far as I have been called upon to act in behalf of the interests of the Territory.

A location has been made by the canal company, and examined by myself, as Territorial Engineer. From the summit, at Bark river, to the Milwaukee river, the line as it now runs, is perhaps the most direct which could have been selected, and combines many advantages to the Territory, and the agriculturalists living along its route, particularly from the hydraulic power, which will be created in abundance by the lockage. The summit is three hundred and fourteen feet above Lake Michigan, and the line from it to the lake intersects the Pishtauka and Menominee rivers. It is the design of the company not to construct an aqueduct across either of them, but to cross with dams, which will save very con. siderable expense to the Territory, as the ground between these two streams, and between the Menominee and Milwaukee river, is low and will not require very deep cuts to pass from one to the other. Waste weirs at these dams will afford as great, or a greater, supply of water to people living near these streams, below the dams, than they receive now from the natural current; for, from the supply which can be had at all seasons at the summit, there will be a surplus of water at cach of these places of intersection. There is a descent of seventy feet from the summit to the Pishtauka; from thence to the Menominee, one hundred and ten feet; and from the Menominee to the Milwaukee river, ninety-eight feet ; and from thence to Lake Michigan, thirty-six feet; thus is seen the natural division of the lockage.

Stone of good quality, and easily quarried, is found in the vi cinity of most of the locks; the expense of whose construction must thereby be more than ordinarily diminished.

As the present location of the canal intersects the Milwaukee river, some material advantages are gained to the Territory, and to the town of Milwaukee. The river can easily be made navi. gable from the point of intersection to the Milwaukee falls, a distance of twenty-five miles; affording to a rich and well timbered country, facilities to a market; thus increasing the business and

tolls of the canal. There being a fall of thirty-six feet from where the canal enters the river to the town of Milwaukee, an excellent hydraulic power can be made in the town, which will bring a revenue to the Territory, increasing with the growth of the coun try. This is an important consideration, when we look forward to the immense quantity of grain which must be raised in a few years, and transported to Milwaukee to be manufactured for an eastern market. From the summit, the western division of the line of location is made to bend, and suit particular circumstances in connection with the interest of an extensive country. Within two miles of the summit is the beginning of a chain of lakes, presenting almost a connection of waters, easily made navigable to the eastern bend of Rock river, a distance of twelve or fifteen miles; and in many places it will only be necessary to construct tow paths along the shores of the lakes, and suitable navigation is obtained. This will make the route a little more crooked but a cheaper one, and afford to all in the vicinity of these lakes an easy access to the canal.

From La Belle lake to Rock river is a valley which appears to have been designed by nature to unite the two waters. It gra. dually descends from the lake to the river, making a fall of sixteen feet in two miles, the distance between their waters. As the Rock river is so very winding in its course from this point down to the termination of the canal, and as there is a very serious obstruction to navigation presented by Johnson's rapids, it is important that any water communication uniting Lake Michigan and lower Rock river should be made to connect with La Belle lake, thus afford. ing, at the proper time, facilities for easily making a connection with the upper and lower Rock rivers.

Between Nagowicka and Nomabin lakes is a fall of sixteen feet in a distance of one mile. This portion of the canal can be cheaply constructed, and one of the finest hydraulic powers in the Territory created. From the number of settlements which have been made in the vicinity of this part of the line, and the great quantity of grain already raised, it would seem important to have

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