sioners, in relation to their proceedings as public agents, and upon examining the statement of George P. Delaplaine, I discover that he has stated that I, Augustus A. Bird, of Madison, the subscriber, one of the old board of commissioners, exhibited to him a copartnership contract, which he avers to have been signed by James D. Doty, John F. O'Neill, James Morrison and myself, wherein we became co-partners in relation to all the public business at Madison, to wit: In the erection of the public buildings, or Capitol, in the running of the steam mill, and in a division of the profits that might arise from the sale of goods that we had established in a mercantile concern together. It is not denied by the subscriber that a contract (a copy of which is herewith given) signed by the said Doty, O'Neill, Morrison and myself, was shown by me to the said Delaplaine. The reason, however, of my exhibiting this contract to him, arose from the following circumstance. That when Governor Mason was here in the summer of 1839, he, Mason, in. quired of me whether or not the American Hotel had been built with the funds arising from the sale of lots in the town of Madison, advising me that he had been so informed by Judge Doty; which I assur ed him was not the fact. Mr. Delaplaine then inquired of me whether we had not formed a co-partnership in the erection of the American Hotel. I told him that a company concern had been made of it at first, but that after I had commenced the work and had got out the timber, Judge Doty informed me that some of the share holders of the Four Lake Company had objected to his paying or laying out any money or moneys that belonged to the Four Lake Company, in the erection of an hotel, and that the original plan was abandoned; but that, afterwards,Doty and myself commenced building the hotel upon a smaller scale, and that we then induced O'Neill and Morrison to engage with us in the completion of it; and told the said Delaplaine that if he would accompany me to my room I would show him the original plan and agreement between us, of which the following is a true and correct copy:

"It is hereby agreed, by the subscribers, to take the number of shares of stock in an hotel, to be erected and furnished, in the town of Madison, on block No. 101, Mr. A. A. Bird to be the

builder. The capital stock shall be ten thousand dollars, and to be divided into shares of one hundred dollars each, which shall be paid on a call by the directors of the instalments of ten per cent. each. The directors shall be A. A. Bird, James Morrison and John F. O'Neill and J. D. Doty, who shall take such measures to erect and furnish said hotel, and sell or lease the same, as to them shall seem expedient."

"Madison, March 20, 1839.

"THE FOUR LAKE COMPANY,'-fifty shares, by their Treas urer, J. D. Doty.

The above agreement, or contract, is the only company paper that I ever exhibited to George P. Delaplaine; and that this agree. ment, together with the following company contract, in relation to the mercantile concern, are the only two contracts which I have, or have ever had, any knowledge whatever, as existing between either Doty, O'Neill, Morrison, or myself, or of either of us, or them.

The following is a copy of the contract, as existing between Morrison, O'Neill, Doty and myself:

"It is agreed by James Morrison, John F. O'Neill, A. A. Bird and J. D. Doty, to establish a mercantile concern in the town of Madison, Dane county, of which they shall be equal owners, and supply, whenever there shall be required, each his equal propor. tion of the capital. The capital stock shall consist of twenty thou sand dollars. The said Morrison shall be the acting partner of the concern, to make all purchases and sales, and the concern shall be managed and conducted under the name of James Morrison & Co. The said Morrison having on hand a stock of mer. chandize, now at Helena, the same shall be removed to Madison, and received at cost charges; and all other purchases shall be made on bills approved by three of the partnere. A lot in said town shall be purchased for the concern, and a store and other ne

cessary buildings erected thereon. The said partners shall share and share alike in the profits and loss of the said concern, and the said business shall be continued until the first day of January, A. D. 1840, unless sooner dissolved by mutual consent; and divi. dends of the profits of the concern shall be made every twelve months to each partner.

"Madison City, March 19th, 1838.

JAMES MORRISON,

JOHN F. O'NEILL,

A. A. BIRD,

J. D. Dory."

I have thought it proper to copy from the report of the com mittee, the following passage, and then will submit my answer to the statement:

"The first inquiry that naturally presents itself is, what dispo sition has been made of this large sum of money, which was designed by Congress to be expended solely in the erection of build. ngs, for the accommodation of the people of the Territory and heir representatives? Your committee regret that they have not cen able to arrive at any satisfactory results upon this subject, and hat the unaccountable and unprecedented refusal of these agents of the people to submit their accounts for examination and settle.. nent, has deprived your committee of the only correct means of scertaining, with any degree of certainty, in what manner that noney has been expended; and they are obliged to content them. elves with stating in what manner it has not been expended."

In reply to this I beg leave to refer to the report of the commit. ee appointed by the Legislature at Burlington, to whom were reerred all the papers and vouchers of the expenditures in the erec ion of the Capitol, who reported "That the account rendered by he acting commissioner is entirely correct;" and, also, refer to he Journal of the proceedings of the Legislative Assembly, held t Madison, during the session of 1838-9, by which it will be seen hat the same accounts and documents, embracing all the expenitures from the commencement of the erection of the Capitol, up ⇒ the time of letting the contract to James Morrison, were laid be.

fore the committee appointed by that Legislature. By which re ports, it will be seen that the whole amount of expenditures, up to the time of letting the contract to James Morrison, was $12,349 34, and that said Morrison's contract was to complete it for $28,200; making the whole cost of the Capitol, when completed $38,548 34. The new board of commissioners had also these accounts and vouchers before them last summer, and copies of them are now, it is believed, in the possession of the Legislature; and I have ever been willing to exhibit them when called upon; and should have been happy to have shown them to the committer appointed by this Legislature, had I been called upon to produce them. This committee, above referred to, having held their investigations without asking me to attend their examinations, until they had completed the duties required of them as a committee, and the principal witness, George P. Delaplaine, having left this place before I was called upon to attend their meetings; after be had given bail for his appearance to answer at the next term of court to James Morrison, for his misconduct while in the employ of the said James Morrison, and of whom he says he was the prin cipal or chief clerk. At this time, Mr. Jenkirs, one of the members of the majority of the committee, waited upon me to inform me that I could then have an opportunity to call upon witnesses, to disprove the testimony which was then before the committee, if I so desired to do, as they proposed reporting to the Legislative Assembly on that morning. I told Mr. Jenkins that it was then too late for me to call upon my witnesses to contradict the statements and evidence then before them, after they had finished their bu siness as a committee, and the principal witness had already left, and that I considered that it was my right to have been present during the investigation, and to have had the privilege of question ing the witnesses that were produced, and further said that I would have willingly appeared before, had that privilege been er tended towards me. I also stated to Mr. Jenkins that I would await the report of the committee, and if I then thought any matter in their report required explanation, I would answer with my a davit, or words to the same meaning and import. I have no

read the report and its accompanying documents. Upon examin. ing the statement of George P. Delaplaine, I most unhesitatingly pronounce it untrue and incorrect, so far as it regards the copartnership contract in relation to the Capitol and steam mill, which, as he alleges, were shown to him by me. It never has been my purpose to make any public denial to the many unfound. ed reports that have existed in relation to the contractor and the old board of commissioners, but when I see an investigation held upon a matter of so much importance as this, and in which I freely admit that I feel the deepest interest, and in a subject in which I am charged with acting dishonestly as a public officer, in justice to myself and to the character of other gentlemen who seem to be implicated with me alike in the same transaction, I feel compelled to present a true statement of facts in regard to the alleged co. partnership as stated by the clerk of James Morrison and to give copy of all the company papers or contracts that have ever, in any wise, come to my knowledge.

The undersigned would, therefore, most respectfully ask of the Legislative Assembly, that the memorial be referred to a commit. ec for the purpose of investigating the facts therein set forth, and e hopes that the Legislative Assembly will afford him this investigation for the purpose of shielding him from the attempt which has been made to injure his reputation.

Dated at Madison, this 6th day of January, 1840.

A. A. BIRD.

TERRITORY OF WISCONSIN,

County of Dane, ss:

Personally appeared before me, William N. Seymour, supreme court commissioner, Augustus A. Bird, who, being duly sworn, doth depose and say, that his Statement made to the House of Representatives, on the 7th inst., in answer to the re