In pursuance of the views herein expressed, your committee sub

mit the accompanying bill.

F. S. SNOW, Ch'n.

A. H. REDFIELD,

N. G. ISBELL.

[No. 22.]

MEMORIAL of Charles G. Hammond, relative to a certaim claim preferred against him.

To the Honorable the Legislature of the State of Michigan:

The undersigned memorialist would most respectfully represent to your honorable body that he is advised by the published journals of the House of Representatives, that a claim has been set up against your memorialist, for the sum of two hundred dollars, drawn from the treasury of the state in 1844, while he was auditor general-that that honorable body appointed a special committee, and specially empowered said committee to send for persons and papers, that the facts and circumstances of the case might be fully investigated, as your memorialist supposed and believed that said committee made a report, accompanied by a resolution instructing the attorney General to take legal steps to collect said sum, and interest thereon-that said resolution has since passed that body, and that the title to said resolution and the journals of that House assume to pass a verdict of condemnation, and decide the very question raised, without trial or notice of trial or indictment, in that they state affirmatively that this "certain sum of money was illegally taken from the treasury;" that this appears to your memorialist like first condemning a man, and that unheard, and then ordering him to be tried.

Your memorialist begs leave further to represent unto your honorable body, that he has been greatly surprised at the action of the House committee, whose appointment was presumed by him and his friends, to have been made on the principles of, and whose action would have been governed by parliamentary usuge; and that in all cases "power to send for persons and papers," implies suspicion of wrong, or accusation of crime; hence the plain, self-evident duty of affording to the party accused, full opportunity of explanation or defence that notwithstanding this plain dictate of duty and propriety, said committee did not notify your memorialists, or intimate to him any liberty to appear and defend himself, or have witnesses examined in his behalf-that whatever might have been the intention of said committee, the result has been an exparte examination and an exparte report.

And your memorialist further represents that he is fully assured hat the chairman of said special committee has wholly prejudged and condemned the accused, and, as your memorialist believes, has pursued him with sheer malice for near three years, for the discharge of an official duty by the undersigned, and thus your memorialist was deprived of the benefit of a fair tribunal, and this may account for the fact before recited that the report was wholly exparte.

And your memorialist would further represent unto your honorable body, that had a fair opportunity been granted to him he expected to establish and make apparent the following facts:

First. That during the time he was auditor general a much larger amount of labor was thrown upon that office than ever before or since.

Second. That the fashion of the times was to make the state officers, and particularly the auditor general, the pack horse of the

state.

Third. That of all the duties imposed upon him by legislation, discretion, special or general, he never avoided one.

Fourth.-That among these duties the auditor was directed to prepare lists, and sell the lands delinquent for unpaid taxes.

Fifth. That the law only allowed three clerks to the auditor general to do the regular duties of his office and provided pay but for three.

Sixth. That while three clerks were ample for the discharge of all the general duties of the auditor general, and for doing which he is allowed one thousand dollars per year, he had to employ fourteen clerks to carry on this advertising and selling of lands.

Seventh. That the auditor was directed by the statute to collect with the tax at the sales of said land, a sum sufficient to cover these large expenses, to cause it to be paid into the treasury, and to pay all such expenses on his warrant from said amount so collected. It must be borne in mind that this amount is only placed in the treasury for the express purpose of paying these expenses, and that it is in no proper sense, a portion of the ordinary funds of the treasury.

Eighth.-That these fourteen clerks were employed and paid out of this fund, by virtue of the power aforesaid, and such was the amount of work to be performed, that after putting all the help on the books that could work, and that the office would accommodate

it was necessary to work nights, and not unfrequently to a late hour to be prepared against the day of sale.

Ninth. That your memorialist did a large amount of this clerical service and an amount, as he is able to prove by men in the office far beyond what he could hired done for the $200 in question, and that legislative sanction has been given to the principle involved in this transaction in three if not four cases, as the journals will show.

Tenth.-That your memoralist while auditor general did a large amount of duty and service, besides as above mentioned, not contemplated by the law fixing his salary, for which he has never been paid any thing.

Eleventh. That instead of being absent at New York, as your committee have reported on your memorialist's private business, he was absent several times at New York and elsewhere for weeks together on business of the state, and had all his duties proper as auditor general, which had accumulated in the mean time, to do after his return.

Twelfth. That the then administration could and did testify to the great importance and responsibility of these extra services.

Thirteenth.—And finally your memorialist would further represent that he has always believed, and does now believe, that he has an equitable claim against the state for these extra services, for which he has never received any thing, and he is advised by legal gentlemen that he has also a legal claim to pay therefor; that hitherto he has not preferred any such claim, but feels now compelled to do so by what appears to him to be an unjust attack upon his public and private character, and therefore most respectfully prays your honorable body to adopt some equitable plan of adjustment of the matters in controversy either by providing for a submission of the case to a jury, or by empowering some board of its own creation, say the board of state auditors, to settle with the memorialist equitably and fairly, providing for a final settlement at the treasury, of any balance that may be found due, without further action by the legisla

ture.

And your memorialist as in duty bound will ever pray.

Detroit, March 6, 1849.

C. G. HAMMOND.

[No. 23.]

REPORT of the minority of the committee on finance on House joint resolution No. 83.

The committee on finance, to whom was referred a joint resolution instructing the attorney general to recover of Charles G. Hammond, late auditor general, a certain sum of money illegally taken from the treasury, have had the same under consideration and the undersigned, a minority of said committee, would report that in the investigation of the subject matter embraced in the resolution, the committee after having been satisfied, as they were, that the sum of two hundred dollars had been drawn from the treasury upon a warrant numbered three thousand eight hundred and ninety-four, as mentioned in the joint resolution, were called upon to inquire whether the same had been so drawn, with or without authority of law, and if without authority of law then what course should be adopted to recover the money thus illegally taken.

The committee had little difficulty in arriving at the conclusion that the act was not only wholly unauthorized, but against the plainest provisions of law as well as of common prudence.

If the auditor general can fix the amount which he shall receive for extra services, being himself the sole arbiter of the necessity of such services, and having it in his power to create that necessity, the treasury might be laid under contribution to gratify his cupidity or to the amount of his wants, where his salary as fixed by law was not sufficient for the purpose. He may first by fixing what he would arbitrarily call office hours at two, or four hours a day, increase at pleasure the amount of extra services necessary, and then appoint himself to do such service, and when done draw warrants in his own favor for such amounts as he determine. may

If such practices have obtained, although "the then administration could and did testify to the great importance and responsibility of these services," the danger to the treasury, as well as their corrupting influences, demaud that they should be no longer tolerated.

By article seven, section three of the constitution, it is provided that "there shall be an auditor general whose powers and duties shall be