ed on the subject. Not one of them koew of an instance wbero
they had sold any propeity to the state ; in some cases they pur-
chased articles and took receipts, and made up a general ar^cooiit
in their own name, stating the several items with the receipt fo^r
each, and certified to its correctness. If this practice had not
been allowed, no one but an acting commissioner could make a
purchase of the smallest articles. The superintendent is the ooljr
person that can well certify to the time he is employed, unleaa we
resort to the hands under his charge for their certificate, or ap-
point a superintendent over him, or adopt the new practice of
taking extra judicial oaths, instead of simple certificates. If e
superintendent is sot worthy of trust in this respect, lie ought oot
to be employed.

The second charge made in the report is, that I have drawa



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HDUI^B DOCUMENTS. 995

mowv from the treasury fen* indHrUluais who were not entitled to
it by law or for services rendered.

This charge is made in reference to payment for certain bridges
building on the line of the Clinton and Kalamazoo canal. Where«
erer I have ascertained that a bridge is necessary for the use of
a farm, and application is ma.te by the owner to build it htmself»
at the lowest contract price, I have given them the preference in^
itead of the contractor. I did not expect that a committee of
the legislature would seek to fasten a quarrel upon me for this
iiigbt instance of favor shown to some of the farmers of this
state.

The fiicts in the case, are simply these : at several points on
die canal, form and road bridges are necessary to enable the oc-
cupant and the traveller to pass and repass. These bridfi;es were
fet to contract, and where the bridges were not let with the en«
lire section of the work, they were let to other contractors ; tiie
eoatraot price for farm bridges was three hundred and fifty dol-
lars. The owners of the land, in several instances, applied for
the making of these brides at the same price at which they were
bt, and agieed to keep them in repair, some ten years, some for
fifteen years, and some for more than that time, and entered into
contracts for that purpose, and to release the state from any claims
for those periods. If the state is discharged from the liabilit}% it
is indifferent to them whether the bridge is ever built or not, or
whether it is kept in repair or not ; as far as the public is pon*
oemed, the fewer the bridges the better, for they are inconvenient
to the navigation, and if the owner is disposed to go without a
bridge or to build and repair his own bridge, it is as welt for the
State. No bridge has been paid far that was not necessary ; in
most cases, the timber is out for the bridges, and as regards the
pa^rment beforehand, (as the state has no interest in having the
bridges built,) thn individual might as vrell have the benefit of the
money as the bank, and they alleged in most cases, that the mo-
ney was necessary to enabfe them to build the bridges, and the
adNranee was part consideration for keeping them in repair certain
lengths of time. The state is discharged by their contracts to
ka^ them up, dec. ; these are covenants running with the land,
and are encumbrances upon it, and the state cannot be made lia«-
ble. Since ihis matter became a subj >ct of remark, stmihr rou-
diaii have bean presented to the board, and the members have
slated that b^ a Kntner retohition, I had the power to make these
oootraots ; and ahhou^ it appears very objectionable to the oom-
mittoe, yet, the practice obtained generally on the Brie canal.
The owner took better care of his bridge, and the state was saved
ia the eiptnse of repairs and from the complaints of the proprie-

aas.

The third diai^ is, thnt property has been pnrohasetf by me



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9^ HOUSE DOCUMBNTS.

or my flgeoto, whea Bot reqiured by tbo wmls of the
whereby the state has suffered loss.

This charge is in relation to wood purcbaaed on the cooCral
railroad.

I will stalo the facts in relation td this matteri as I did before
the committee. Mr. Willis, an agent in the employment of (he
state, who professed to understand sot only this, but almost every
other subject of a general or particular nature, stated that it would
be necessary to purchase about five hundred cords of wood for
the use of the road» 1 directed him to doso; when the vouobera
were produced in the spria^, it appeared that he had made con*
tracts from 1,200 to L500 cords, the exact amount I caaoot now
ascertain. I had, dixring the winter, directed Mr. Beach to aeH
the oxen and cows on the road at each station^ as fast as the m^ak
was completed and the stations broken up, as hay and grain weie
high, and it was expensive keeping the cattle. He made safes
to a considerable amount, and took notes for aK)st of them* psya*
ble in wood, at the different stations, for some 1^000 or J,90Q
cords, before I was aware of the traiisaciion, and before he k a tsr
tbilt Willis had also been making purchases^ But large as tins
amount of wood may appear, it has not been considered too okicIi
by the present acting Commissioner, for be informs ,me thai he
his contracted for a considerable anKHint more, tfaat it maj be
aeascned in time for the use of the road.

In relatjott to the provisions sent '* to one Gardner D. Will-
iams," it may he neoessary for me to state, for the informatioo of
the House, as this gentleman appears to be somewhat unknown
to the ooouiuttee, that he was a member of the Board of Com-*
oaissiooers at the first organisation of the board, that at the fini
meeting of the board, which he was prevented from atteodiflg, oe
account of ill-health, he was unanimouaiy elected one of the act-
ing Commissioners, at a time when it was supposed there wae
9ome honor attached to such an appointment. Ju(%e WiUiaiBs»
nol being alJe to attend before the ao^ninaentof tm board, and
it being uncertain whether his l;eaJth would permit bim lo <Hs»
diaife the duties of the office« I was appointed to the office* with
the tinderstandiag that Mr* Williams should have the oharj^ ef
the surveys of tlM3 northern road and Saginaw oaaaL After the
canal was located he had charge of the coMtruotioo of the work.
I stated to the committee that Judfe Williams wrote to me ia the
fiitl of 1837, desiring me to send as soon as praeticabie and be*
fore the close of navigation, 4)ertain pro? isions to be nsed oo that
work. I received the letter on my return home kom ibis citjr,
IB Noventber. I wrote to Mr. Beach, <and this wiss his first em*
ployment,) requesting him to n>ake the purohases ondferwanl ihtm
to Saginaw. Judge Williams also wrote that the 611 and winlar
VMiM best tioae 10 do the work w tfuu oaaali hm be thoivfai i^



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HOUSE DOCUMENTa fvr

wottM be difficult to let oontraots unless ooRtraeters could procure
provisions otherwise than by Und, that they could not be procured
ia that part of the country, and that the contracts would be let
sufficiently low, to pay the difference of making the advanca
This suggestion appeared to be reasonable* and as Mr. Williams
bad the immediate charge of the work, and I had confidence in
btt judgmenti the request was complied with, and the prorisiont
sent on.

After the coDlradors had supplied themselves, there was a ba-
kuvce left on hand; most of it has been sold, and part of the pajrw
ment received in the then currency of the state, most of which it
DOW unquestionably below par.

The iburth charge of the committee is in reference to the h]m^
kets '« purchased from a person who had smu^led the 8ame» with
a knowledge of the circumstances," &c.

It is sta^ in the report that the House and the country have^
BO doubt, all the information necessary on this subject. If so, it
appears somewhat like iraveilii^ out of the record to inflict aa
ttfloeoessary wound. I was sworn before the committee as above
stated, and they questioned me upon all these sutjgecu ; if I liad
declined answering, it would have been treated as a contempt, or
assigned as an evidence of guilt ; they were informed cf all the
fiicta; instead of giving that evidence, they state only part of Mr.
AdanW* and decide upon fliat alone.

It is well knewn, that I was indicted for purchasing property
said to have been smup^led ; but it is not as well known who tlii
complainants and grand jurors were, that made the presentmeMtt
or that when the case was called on for trial, his honor. Judge
MciiCan, decided that it was not an indictable offence, nor was
there ever an instance before, in this, or any other ^tate in the
anion, where an indictment had beer, found for this alleged o^nce;
and the public have been led to suspect that there was nK>re of
individual feeling than an ardent love of justice in the intentions
of those who were prinoipally ensfsged in the operation, and that
the object was to afit a stigma ofdisgrace, wMJe they had no ex-
pectation of procuring a conviction. The commitlee seem re-
solved, however,/ to follow up the matter ; as it is not an indicta-
ble offence, it may, perhaps, turn out to be something else, and at
all events, I ought to be rebuked by the representatives of the
peo^e. If the l^islature are of opinion that I have not been
s uffici e n tly rebuk^ for the indiscretion of purchasing these goods
fcr llie state, then I must submit to such chastisement as they may
Ibink proper to direct

The finfa ebai^ is for '' a total disregard for the int^'ests of
Ifae elate, wben they came in contact wtm his own, asevinoedby
bis votee givenat the me^iiigs of the board.*'

T)m ebaraek ipilinded lo be ttMaed by aaelbnr stalenM^



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ns HOUSE DOCUMENTa

^ that most if noC all of his votes, cast as a member of the boardi
aflfecting his own interests, and when the board were equally cfi-
vided, his casting vote would decide the question in his owo fii-
Tor."

If by this statement it is intended that these were qoestions
before the board aflTecting my interest as an individual, and that
I voted on such questions, then the statement is unqualifiedly
false.

I know of but one instance where a suppositioQ of thts kind
could arise, and I will state the facts in relation to it. Wbeo my
accounts as acting Commissioner for the preceding jrear* were
closed nearly up, it oppeared there was a balance of some 9SfiM
dbe to me from the board ; and for which I had overdrawn for
at the bank. I was anxious to have this account settled aod the
money paid to the bank. The subject was referred to Memn,
Lothrop and Alden on the eighth of September Ust ; oo the tenth,
they made a reports ('which I read to the committee,) and they
also sotunitted the following resokrtioiis :

*" Remdved, That the Auditor General be cMreclad to draw hk
warrant in favor of James B. Hunt, actinp^ Goouniasiooer, for the
sum of six hundred and forty-six dollars and eighty-four cents/* io
payment of certain vouchersf which were stated.

** Besohed, That the Auditor Qeneral be directed to draw Us
warrant in favor of James R. Hunt, acting Commissioner, fur
#7,788 43, to liquidate the following disbursements made by Jas.
B« Hunt, Rotiiig Commissioner, on the public works, over and
above the amount advanced to him by the board of internal im-
provements, before the 19th of May, 1888, to wit :

Vouchers in the hands of /• B. Hunt^

u u u Audited, •2,940 87

Unaudi-
ted, and which the Auditor General refuses to al-
low, but which the board think the acting Com-
missioner had the rcht to disbur8e« and if the
vouchers were satisfactory, it was the duty of
the Auditor General to audit the same* 4,|0M OH

.Amount of uKxieys returned by D. C. McKJnstry, 4/dSl OH

Dtie on the voucher of C. P. Smith* for services
as engineer, on the Saginaw canal, 876 M

•7,788 49
These resolutions, reported by the committee, were afterwards
icted u|ion, and f voted in favor of them ; it was nof-^acingany
money m my pockets; the state owed me this afnounl as aeiiw
Commissioner, and the acting Commissioner owed the bank. 1
WM Mif the JBitnunent tbiov^ whom the {M



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HOUaB DO0UMBNT8.

It was t iMoefit to both the bank sod the state; bat to nitt as an
indlvidaal it could have no bearing, for the bank would not seek
to ooll^st from me a debt which was due Trom the state.

It is from this single and isolated transaction, perfectly proper
in itself, that the committee have thought proper to say, ^ thai in
most if not all of hb votes cast, dec, he gave tiie casting vote in
bis own favor. And thev have also asserted '^ that a contrary
course would probably have plated Mr. Hunt's peoimiary mat^
ters as well as nis conduct in a diflkrent position before the house
and the country.** This assertion is also untrue, the Auditor 6e*
neral refused to give the warrant, and the whole matter stands m
exactly the same position that it did before the resolutions were
adopted ; and this is the only resolution in relation to my accouols
that has been passed upon by the board. And it is upon account
of this unfortunate resolution, that Gen. Humphrey and Mr. Lo-
tbrop have been charged as. abetting and aiding me in all my at*
l^ged villanies and transactions.

For the information cyf the house, I will state the facts in rdiUioo
to Obed Smith. Col. Berrien, the engineer, with my assent, en*
leied into a contract with him, for the making of the embankment
at Relau creeki I think at 2? cents per yard ; Mr* Moon and Mn
Smolk had also made proposals, both of which I understood to be
higher ; Mr. Moon's was 25 cents, and Mr. Smolk had unfinished
contracts on hand, if his had t»een as bw. While Mr. Smith was
employed on that contract, I believe Col. Berrien employedhim
to superintend some alteratio'js on the bric^ across the creek
there. I have never before heard that there wore suspicious oir*
cumstances attending tlie letting of this contrnct. It was reported
that Mr. Beach was interested in sc^ne contrnct with Mr. Smith (
wlien inquired of, they both denied it, and I never could obtain
any evidence, but rumor, in relation to the matter ; and as I do
not give judgment upon such evidence, Mr. Smith was allowed to
retau) his contract, and as he always alleged, at a great loss to
himself. Col. Berrien could probably irive a more detailed histo*
ry of this tranasactiim ; I must request his evidence upon the sub*
ject, if deemed important by the House.

On the subject of the money paid out on the road, it was such
at I drew from the bank. I frequently asked for better/und%
and the reply generally was, that the bank could only pay out
such iunds as they received on their debts and that was princt*
pally country money. It was proved by two or three witnesses^
superintendents on the road, that there was but little loss on the
money paid to the hands ; that they had heard of but few coreo
plaints on that subject. At that time the law made no provision
as to the kind of funds to be paid.

Kthe assertion of the committee,'*^ that it was in direct violt*
tion of law," alludes to the payment of any money placed to my



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U0178B DOCUBCENTa

efedk 4mce iko first of Atigint last, ^bea mooey wti reeeiiTel
voder the state Ioao« then the usertion is wholly untrue. Beftn
that time, no payments were mn<b to me of money by the bank
which bad been receired on account of the loans made in New
Yurk ; after that time^ the money poid was what is called dty
money, and principally of ihe Michigan state bank, or the notes
of the Morris canal and bankiog oom|Kiar.

I am'also charged with ^ exUbitiii^ a periiset disr^rd of biif
own reputation;" and m a bungUng attempt to make out the tmm
of their assertion, they instance the account of Mr. Cody, a ccms-
tractor on the central railroad.

The committee took ersdenoe in relatioM to that transaction abo^
bitf, like the rest, it boa been perverted for reasons best known to
Hicmieives.

The facta are simply these :-^In my absence from the city, in
November or December, 1887, the resident engineer, known to
the House by the ear* mark of tliis isommittee as ** one Center,*
presented to Mr. Adams, the secreiary of the board, the BrmI es-
timate of Cody, and at the bottom wrote *' deduct all ibrmcr jmy^
ments,'* and carried into the column of figures the amount of all
fimner payments and made the deductions, leaving, the balance aa
the true amount due Cody. This amount Mr. Adams paid ; and
V he had understood that all the former estimates bad been de-
ducted, no niifttake would have occurred ; but being misled by
the words, "* former payments,^ he made out a totement of ttie
bock per centaoes vrtuch had been retained, amounting to • t,854^
and paid this aba I returned to the city the same day ; the neat
anoniing the mist<ike was discovered* Mr. Adams and Mr. Cen-
ter went out to Washtenaw county and brought Cody back. We
tried to make him return the monev — he set up other cMms and
refused to do any thing about it Ho was arrested and confined.
When it became necessary to make out the declaration in the
causa, the Attorney General sent for the papers, and they were
deKvered to him ; and when the accounts were audited, this being
out of the office, was forgotten. During the last spring and sum*
mer, other vouchers in relation to the business of the preceding
jrear, came into the office, and it became necessary that my old
accounts should be closed up. Mr. Adams wrote to me on the
8olqeet,and may have referred particularly to this account ; I
have not the letter by me, and cannot recollect. lu my answer
to him, 1 requested him to have them audited and settted ; and if
mj attentkxi was called to this particular account, I shoukl eer-
tamly have requested him to have it allowed and audited. I never
supposed for one instant, that I was in any way Kable for this
over payment, or that the state would require one of its public
oflfears to pay for a mistake made without his privity or know-
ledge^ and by agents appointed by the board.



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BOmn DQSUMSMT& »i

.. TbMQ ^M 00 tfleotipo of ootMalmeatiD .tManwUef* I.ceibi:
8ider k the duty ot the Auditor General to allow it to me, for it
was paid in g^cxl faMh« and: wilhuut a linowkdge of the mittake*.
If this moaay tia recoy^sred of Cody, it will be in my name ik$ aolt
m^ Gifmmimmev^ and must. be paid into the treasury4 It is, not
tune, aod; t have no contimi av^r it in my individual cap 'oily.

And il is for this, that I am ^tigmalized as *^ •exhibiriog a por&et!
disre^rd to my own reputation." My reputation wastiol w* aoyi
Way involve in the tniHter ; it was a clerical, mistafce^ thenaooey
paidf the vMoher obtained and audited by tbe Audilsr Gantralin'
tbe U8«al ibrm ; and when. tbe money is cullectedt it will be paid
into thelreasurvi and it is. presumed that that will be the end
ofit. ' .

! The committee ha^e stated the eiipenie of engineeriajB; on the
Clinton and Kalamazoo canal at 826,267 27. I am informed by
one of thQ engineers that in the account kept by them up to Petv-
ruary last, the engineering was but about 922 000,'and that.in'
the survevs made by them they had run over five. hundred miles
in a careful and accurate manner to ascertain the most feasible
routes. ; ' ]

II, in this statement, which I have felt it my duty to make to
the house, any impro|)er expressions have been used, or any un-
just reflections cast, I car] say 1 intended no disrespect to the
Houde. IhtvQ fi^ steeply* injured at the « bitter and vimKclfve
manner in which the committee liaveVthou^rht proper to present
their views to the House, in relation to the conduct of others
employed like themselves, totransnct the business of the public.
I had treated' the gentlemen of the committee with the deterence
due to them as representatives in^ thp discharge of their, duties^
and I ha^ h ped that they would present a capdid slu^ement of
all the facts elicited by them during this procrastinated examina-
tioa

I ha
two of
defadi
tosus^
commi
had as
C4>unt^
was th
was re
for the
Am 1 1
spread
taken
B. Uu

InsU

99



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HDOSfi DOGUHBNTSl

im aU dki^ppoiotttd euipiditjr Inrm (mught Hfoo nei tto <kto-
itiittea have reported andtker case of demlcatfcM, for the porpote
of deitrc^ ing the repottition of anothei' citisei^ and kt a fe# week*
ifab also wm bo spread as wide as the r^km of letters.

Have we not a rigHl as Atnerican oitmnsi to eomplahi t I(
because ws ato oflke iKyMerSy w^ are to be tusated «s the vf^rlA
treats pirates; *< as Aoites kmtmmi gemrU, edeiniM lo the mHoUe
bamatt race^-^yet it oi^t to be recollected tlm we hkive rqflMs
atdcneos, dislniM from these oAcds ; thtfi we fcaire (btniKes and
friends who have soaie interest m our reputatioas» and ibai thejf
faafe been ted to beKeve that rtie reports of tegislaiive o6itt«iitteeaf
were entitled to the respect dtie tathe represeniativies thetisehrci ;
and that in the pure source from whence emanate our l«tws» thei«
would not be mingled the bitter dregs of personal or political
strife.

With the hope that a Committee mar bo appointed to rd^xa>i>
mine thelse mUtiers and report to the Ilouse,
I am respectfuIlT^

Yoor obedient servant,

JAS. B. HUNT.



eomBmmicmkms from the Hon. E* K Lsihrop mtd Bom. JL &
Bwnphrtff*

HoUSB OF RaPRBSBirrATIVSSi I

Detroit. April U, 1839. )
2b He Horn, the HmHe of RtpreaetUaHioet:

GBNTLBMBir : I observe in a report submiited to jrour House rf
this day by a confimittee appointed (o examine into the general
accounts and proceedings of the bonrd of internal improvement*
tder reciting several grave and serious charges of fraud and
mal-conduct against James B. Hunt, Esq., the following para*
^raph :

** Yotir committee have had occasion to observe through the
course of this examination, Xhii Gen. Humphrey and also Mr*
Lothrop, since he become a member oi (he board, have unifor-
nliaHy*8UStained Mr. Hunt in all his positions.^

The. connection of this paragraph with that part of this report
Which preceded it, Conveys the idea (hat in all the alleged fraoda
of Col. Hunt, I was accessory and sustained Iwn. to use the lan«
guage of t^ committee* '* in all his positions.^

In my opinionii if tlie committee had not intended to have in-
fleted a dark and Jecref stab at mV reputation, they would have
had the "* common honesty*^ to have specified the ^ fraudulnit



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HOU»fi S0CUMBN7& «M

Miff" of C0I. B«i)4io wbidb I mnn mcomvy mi fwl^mmi bim
IB, and what wa0 the oauire of m^r aupppit ; yea» it wai ibeic

I kwe publicly and poaitiy^ely deny of aupportiog Cd, Huoi in
•py <po$iutHi but gtfqh as* after full and cai^m Maaciiaatipni I feit
boMod by my loalh of office to approve^ or that I have io any
manoeri at any .tifne» coumeiiancad GoL Hunt, or any other com^
mimomr, in any thing chat was not warranted 'by iaw or waa
not dielotod by a wiae and prudent public policy. And I feel in
duty bound to aay, tlmt the aMeriion thnt I ^' have uaiforcniy sofft
laioed Mr. Hunt, in all of tm ptmUiot^'* ia abioluteiy iaiaa^ nndl
can prove it from the journals of the board and froaa the concur*
mot tefltiooany of fill oif iu roenr^baiSt

I feel in 4iety to oayaelf and in defence of my own charaeteft
to veapcclfiiUy aifc of your hoooraUe body to appoint acoiDiiiit<^
tee to tnvesiigate and repoi>t to your Uovsc^ whatdit^Hwator.dia*
honofiaUa aet ceenn»itted by Col. Hunt, (provided he baa oooi^
iDitted any,) in which I have sustained him.
ReapectfoUy*

Your obedi^t servant,

E- a LOTHEOP,
<7oai. qf InUmal J mp v w ^ me iU* •



Si^f^ MieUgm.

The undersigned most respectfqlly represents, that be was fast
evening put in possession of a copy of the report signed by the
Hon. Mr. Tucker, of the committee appointed to investigate the
accounts, 6^e., of the board of internal improvements and on took-
Ing over the report, he finds that there are unequivocal statements
that he is a defaulter to the state to the amount of 918,151 34.
It is Certainly proper that he should take the earliest opportunity
to correct such a gratuitous, and he may fNiy, wanton attack opon
him. •

' In the investigation of accounts so lonfj
simoonts, ordinary courtesy should have diet
the propriety of his beitig heard before then
at least, have liad an opportunity of explaii
the accounts as were not satisfactory ; bqt
that po such opportunity has been afforded I
a guarded silence has been observed by th<
aoce to all the transactions examined by tf