to proceed in the completion of your contract. If you will address me at Prairieville, W. T., any time between this and the first day of April next, informing me of your intention to complete the work upon the capitol, it will be thankfully received, and you will be allowed to do so by giving satisfactory assurances that the work will be completed by the first day of October next. If I should not hear from you within the time above specified, I shall take it for granted that you decline any further action in the premises.

In regard to the extra work of which you spoke, I do not consider that I am authorised by law to make any allowance on that score. I am only authorized to see that the building is completed according to the original contract and plan. Any difference which may exist between the original plan and contract, and your own contract, or the work actually performed more than your contract may call for, is a matter over which I have no control, and in relation to which you must look to my predecessor personally, and to the legislative assembly. As respects any matters of fact in relation to the work, you may depend upon my friendship in making all reasonable explanations and recommendations, but further than this I do not feel authorized to go.

Allow me, sir, to express the hope that you will proceed in your contract and complete the work; and I doubt not that should it appear that you have rendered more service to the territory than was originally contemplated, the legislature will make all due allowance.

Respectfully, your ob❜t servant,

JOHN Y. SMITH,

Com. Pub. Buildings.

DANIEL BAXTER, Esq.

[DOCUMENT B.]

MADISON, March 14, 1842.

JOHN Y. SMITH, Esq.

Dear Sir:-I have received your letter of the 23d of February last, and am somewhat surprised at the position you have taken in relation to the completion of the capitol. You say that you are only authorized to see that the capitol is completed according

to the original contract and plan. I do not so understaud the law and my contract; neither can the capitol be now finished accor ding to the original contract and plan, as I have understood it, without a sacrifice of several thousand dollars to the territory. The contract which I entered into differs materially from the original contract and plan, as I am informed, particularly in dividing the house into rooms, and the alterations of the two piazzas; and you will see upon an inspection of my contract and the original plan, that nearly all the partitions would have to be taken down and new ones be put up, to proceed according to the original plan.

You farther say, that any difference which may exist between the original plan and contract, and my own contract, or the work actually done more than my contract calls for, is a matter over which you have no control, and in relation to which I must look to your predecessor and to the legislative assembly. In reply to this, I am of opinion that you have not seen my contract, or you could not have come to so erroneous a conclusion, as I consider it; for I consider that the plan adopted by the late commissioner has been assented to by the assembly, by the assignment of the different rooms, as now divided and constituted, even if the commissioner had exceeded his authority and power in varying from the original plan. But if the commissioner has exceeded his powers in varying from the original plan and contract, then certainly the contract with me must be void, and it is important to me to find this out soon.

According to your construction, a great portion of the work I have done must be lost to me, unless the legislature shall hereafter allow me for it.

The contract I entered into admits of the principle of offset in work, and the commissioner reserved the right to make any alterations in the work he might deem proper, by allowing me the dif ference, if in my favor, and deducting the same, if in favor of the territory.

Again, my contract did not include much of the work necessary to be done, and which the commissioner ordered to be done, after the contract was entered into. Ought I not to be allowed and paid for this work, and has not the commissioner the power to

allow me for it by my contract? Most certainly he has. It would not have been safe to finish the capitol without putting up the stays under the sills and cross beams, and yet there is nothing of this kind in my contract.

I think, without saying more, that when you come to look at my contract, and all that the assembly has done, you will take a different view of it, unless you intend to take the contract from me, and do it yourself; a course which has been intimated to me.

I am still going on to put up the work I have got out, and to complete the work under contract; and if you intend to alter the plan, or not allow me for any work I may do, required by my contract, I ought to be informed of it immediately. I shall be very anxious to see you here, and have an estimate of the work done, and not included in my contract, so that I may know how much I must do to complete it. I leave here to-day, and calculate to return by the first of April. Write me at Monroe, Green county, when you will be here.

Respectfully, your ob't servant,

(Signed,)

DANIEL BAXTER.

[DOCUMENT C.]

PRAIRIEVILLE, March 29, 1842.

Dear Sir:-Your letter of the 14th inst. has just come to

hand, and I hasten to reply.

In regard to finishing the Capitol according to the original contract and plan, I am still of the opinion that the commissioner was only authorized to contract for the entire completion of the work, "according to the original contract and plan;" this being, if I rightly remember, the very wording of the law. The law certainly did not authorize him to advertise proposals for half completing the work, and procure the doing of the remainder by a private bargain; if it had, he might have let ever so small a part of it at ever so small a price, and let the main part of the work at any price, however great, and thus have shut out all competition.

Neither do I think he had the slightest authority for altering

the plan, any more than he had for erecting a new building at Madison, or any where else. A plan had been devised, and a contract had been made, and the legislature adopted these, and authorized the commissioner to see that the work was executed accordingly.

I do not know what are the terms of your contract. I called on Mr. Prentiss twice, while at Madison, for such papers as he might have in his possession, belonging to the office, but without receiving any satisfaction. I was not aware that any material alteration had been made in the interior of the building. Be this as it may; I shall not, under the circumstances, be for pulling down but building up, according to the original plan, as nearly as previous alterations will admit of. If Mr. Prentiss has altered the plan, and the legislature has accepted of it, or will accept of it, so be it; and if Mr. Prentiss has made a private bargain with you or any one else, to do one thousand or ten thousand dollars worth for the Territory, and the legislature is disposed to pay it, so be that; but certainly, I do not feel authorized to do any such thing.

It has been, and still is my impression, that if there is any valid contract existing between yourself and the Territory, it must be for completing the Capitol in some shape. If Mr. Prentiss has made a contract with you, which he was not authorized to make, I am not quite certain where the responsibility ought to rest, but I am certain that it ought not to rest upon the Territory.

I have solicited the opinion of the Attorney General upon the whole matter, which I expect to be in possession of by about the 10th of April, at which time I intend to be at Madison. I hope you will accept of my assurances, that I entertian towards you personally, the kindest feelings in this matter. I hope you will complete the building without delay, and if in the progress of the work, unforeseen contingencies have arisen, such as to justify extra expense, I will, with the greatest pleasure, represent the facts to the legislature, and recommend a suitable allowance; but as a public officer, I cannot assume responsibilities unauthorized by law, and especially such as involve pecuniary liabilities.

My present view of the law may be modified by the opinion of the Attorney General.

If the legislature has consented to the deviations from the plan, in dividing the building, (and I am inclined to believe that it has) then that matter is disposed of, and the only difference be tween us, is in regard to what remains to be done, and the pay for what has been done, which you denominate extra work. I think it does not follow, that because the legislature may have accepted of a different plan from the original, after it was executed, that the territory is liable for any difference in the expense of the two plans; and if not, the legislature only can assume that liability.

As for intending to finish the job myself, you need have no fears. I shall not do it if I can prevail on yourself, or any one else to do it. I have been most seriously adjured by many members of the late assembly to see to it, that the capitol is completed this season; and I shall do it if it is among the possibilities. If I mistake not, private individuals and political parties have served themselves in this capitol affair long enough, and it is high time that the public should take its turn of being served.

Respectfully, your ob't servant,

JOHN Y. SMITH.

[DOCUMENT D.]

M. M. JACKSON, Attorney General, W. T.

Sir: Having been elected commissioner of public buildings, it becomes my duty to take measures, if possible, for completing the capitol at Madison; but not being able to satisfy myself as to what is the precise course of duty, I am under the necessity of asking your counsel, as the lawfully constituted adviser in such

cases.

As nearly as I can ascertain the situation of affairs, the business is involved in considerable difficulty. I have twice since my election, called on the former commissioner for such papers as he might have in his possession belonging to the office, but without satisfaction; and I have not as yet been able to get hold of the