James Morrison; and, from a continued chain of circumstances, from that time to the present, as exhibited by their conduct, and from a variety of facts that have transpired since the date of the above document, we are, unhesitatingly of the opinion that a co-, partnership has existed and does still exist, between the late board of commissioners and the contractor; and that the late board have been, during their continuance in office, acting in the double , capacity of commissioners and contractor, showing a fraudulent design to speculate and trade upon the funds of the Territory, without regard to its best interesis. Among the many evils growing out of this unlawful combination, we may mention one-that a certificate has been given the contractor by the late acting commissioner, of a certain amount of work done by him, and upon that certificate the treasurer has paid over to the contractor the sum of $13,000; when all parties concerned must have known that the payments would exceed the amount of work done on the Capitol by at least $7,500 or $8,000. In the report of the late board of commissioners, made at the Burlington session of the Legislature, and dated Nov. 19th, 1837, it is there stated that about two-thirds of the large timber required for the building is got out and ready for use; and from the state. ment of the late acting commissioner, the amount of timber then prepared was included in the contract with J. Morrison; but we are unable to find in the contract or published proposals, any reference made to the timber, and are, therefore, at a loss to find when or in what manner it was disposed of. We make mention of this, only to show one example involved in mystery among many that might be mentioned. In laying before your honorable bodies a statement of the balance of moneys which the Territory is justly entitled to, now in the hands of the former commissioners, and contractor, and which is imperiously required to complete the Capitol, we submit the following statement of expenditures that have been made, and from which the Territory only, has derived any benefit, leaving the extraneous matters connected therewith, (as reported by the late acting commissioner, at the last session of the Legislature, for ex penditures in the year 1837,) out of our estimate, as the whole matter is to be settled by a judicial tribunal. In our estimate we have taken into account the time when the work was done, the high price of labor, and the difficulty of obtain. ing materials in a new country, remote from settlements, and have allowed what we deem more than ample compensation under the circumstances. From a careful survey and estimate of the basement of the Capitol, we find it to consist of 745 perches of stone, at $5 per perch, Cutting stone for corners of the building, jambs of the doors, windows, sills, caps and water tables, Two door frames and four window frames, at $6, $3,725 00 925 00 36 00 $4,686 00 Add 10 per cent.. for contingencies, 468 60 Making the cost of basement, $5,154 60 To which add amourt paid James Morrison, (in April After deducting the above amount from the appropriations made by Congress of $40,000, it will show a balance in the hands of the former commissioners of To the above balance add the amount over-paid James Morrison, contractor, Showing an amount of $13,884 70 7,460 70 $21,345 40 in the hands of the former commissioners, and contractor, at present entirely unavailable to the Territory. We would further report that upon a minute examination into the condition of the Capitol, and its arrangement for receiving the inside work, the situation of the inside timbers in the building is such, that they must be materially changed and altered; a part of them thrown aside, and others furnished, before the building can be finished in a good and substantial manner. The timbers in the roof will require raising to their original places, and staying, to ren der the roof permanent. The expense of those alterations, together with our estimate for completing the Capitol, will appear in document marked F. We would here remark, that we have never heard any particu lar reason assigned why the former board refused to meet and settle their accounts with us, only, that the present board were not legally constituted. Neither have we ever heard the contractor alledge any prominent reason why he did not go on and finish the Capitol, agreeable to his contract. At one time he said he would not go on because the acting commissioner was not present, or had not been present; and at a subsequent time he said he should not proceed with the work, unless the money was placed in Madison, or some place convenient to the work, so that he could be paid off at the end of each week. We must here close the unfortunate history of the situation of the public buildings. The prospect of collecting the balance in the hands of the former commissioners and the contractor is such, that we believe that the Capitol must remair for some time to come in its present unfinished condition, and the Territory in the unfor. tunate situation of a party in suits that have already been commenced and are now pending. Your commissioners have thus far conducted the affairs relative to the public buildings, as they think, for the best interests of the Territory. And in the foregoing report, have given all the information and material facts, that they have been able to arrive at touching the objects within the sphere of their duty. All which is respectfully submitted. Given under our hands at Madison,the 2d day of Dec. A.D. 1839. JAS. L. THAYER, N. C. PRENTISS, L. H. COTTON, Commissioners on Public Buildings. penditures in the year 1837,) out of our estimate, as the whole mat. ter is to be settled by a judicial tribunal. In our estimate we have taken into account the time when the work was done, the high price of labor, and the difficulty of obtain. ing materials in a new country, remote from settlements, and have allowed what we deem more than ample compensation under the circumstances. From a careful survey and estimate of the basement of the Capitol, we find it to consist of 745 perches of stone, at $5 per perch, Cutting stone for corners of the building, jambs of the doors, windows, sills, caps and water tables, Two door frames and four window frames, at $6, $3,725 00 925 00 36 00 $4,686 00 Add 10 per cent.. for contingencies, 468 60 Making the cost of basement, $5,154 60 To which add amourt paid James Morrison, (in April and May, 1838,) in property, 7,960 70 Add, also, money paid J. Morrison, 13,000 00 Showing a disbursement of $26,115 30 exclusive of pay of commissioners. After deducting the above amount from the appropriations made by Congress of $40,000, it will show a balance in the hands of the former commissioners of To the above balance add the amount over-paid James Morrison, contractor, Showing an amount of $13,884 70 7,460 70 $21,345 40 in the hands of the former commissioners, and contractor, at present entirely unavailable to the Territory. We would further report that upon a minute examination into the condition of the Capitol, and its arrangement for receiving the inside work, the situation of the inside timbers in the building is such, that they must be materially changed and altered; a part of them thrown aside, and others furnished, before the building can be finished in a good and substantial manner. The timbers in the roof will require raising to their original places, and staying, to ren der the roof permanent. The expense of those alterations, together with our estimate for completing the Capitol, will appear in document marked F. We would here remark, that we have never heard any particu lar reason assigned why the former board refused to meet and settle their accounts with us, only, that the present board were not legally constituted. Neither have we ever heard the contractor alledge any prominent reason why he did not go on and finish the Capitol, agreeable to his contract. At one time he said he would not go on because the acting commissioner was not present, or had not been present; and at a subsequent time he said he should not proceed with the work, unless the money was placed in Madison, or some place convenient to the work, so that he could be paid off at the end of each week. We must here close the unfortunate history of the situation of the public buildings. The prospect of collecting the balance in the hands of the former commissioners and the contractor is such, that we believe that the Capitol must remain for some time to come in its present unfinished condition, and the Territory in the unfor tunate situation of a party in suits that have already been commenced and are now pending. Your commissioners have thus far conducted the affairs relative to the public buildings, as they think, for the best interests of the Territory. And in the foregoing report, have given all the information and material facts, that they have been able to arrive at touching the objects within the sphere of their duty. All which is respectfully submitted. Given under our hands at Madison,the 2d day of Dec. A.D. 1839. JAS. L. THAYER, N. C. PRENTISS, L. H. COTTON, Commissioners on Public Buildings. |