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report =
I
of the a
= internal improvement committee =
= including railroads. =
= 1845.
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REPORT
< H
r
1 ' .OF THE ,
f * tt V
1 * »
f
INTERNAL IMPROVEMENT COMMITTEE.
To the Honorable
The General Assembly of the State of Tennessee:
The Committee appointed by the twenty-fifth General Assem¬
bly, "to investigate the affairs of, and settle with the respective In¬
ternal Improvement Companies, in which the State is a stockhold¬
er," proceeded to discharge the duty assigned them, and respectful¬
ly submit to your honorable body, the following jreport:
In order to present the result of their labors in the most simple
and intelligible form, they have, in the first place, presented sepa¬
rate statements, exhibiting the condition of the affairs of each com¬
pany, "with such explanatory remarks as they deemed proper and
necessary, to which they have appended an aggregate statement ex¬
hibiting in one view, the information required by the second, sec¬
tion of the act under which they were appointed.
1 '
/ t V
HÉVi""
A.
LAGRANGE AND MEMPHIS RAILROAD COMPANY.
Capital stock
Subscribed by individuals.
Subscribed by the State,..
Receipts of the Company, viz:
Paid by the State in bonds
Paid by individuals—principal
Interest on instalments overdue
Proceeds of Fort Pickering
Stock scrip sold and outstanding
Total receipts
Expenditures of the Company, viz:
For engineering, grading, bridges, sala¬
ries of officers, &c
Paid for F ort Pickering
Paid for laying off town lots, and öther
improvements
$250,000 00
250,000 00
Paid for stock in "Pickering house"..
Total receipts $450,958 23
Total expenditures. 461,300 88
Balance $10,342 65
Indebtedness of the Company, viz:
Amount reported by company exclusive
of interest, $63,696 00
500,000 00
500,000 00
216,250 00
166,026 21
5,685 02
60,000 00
2,997 00
450,95§ 23
426,300 92
25,000 00
7,270 00
2,674 96
461,300 88
3
B.
LAGRANGE AND MEMPHIS RAILROAD COMPANY.
Capital stock
Subscribed by the State..
Subscribed by individuals.
Receipts of the Company, viz:
Paid by the State in bonds
Paid by individuals
Interest on instalments overduer.
Stock scrip sold and outstanding.
Expenditures of the Company, viz:
For engineering, grading, salaries of of¬
ficers, and all other expenses incident
to the construction of the road'.
Total expenditures 406,355 92
Total receipts. 1 $390,958 23
$250,000 00
250,000 00
Excess of expenditures... .$15,397 69
Indebtedness of the company as réport
ed by the Secretary, exclusive of irt
terest
Of which the committee recognize to the
extent of excess of expenditures over
receipts '
Amount of indebtedness not recognized
by the committee
Deficit of individual stockholders ascer¬
tained by deducting amount of pay¬
ment "of principal" upon individual
subscription from amount paid by
State
216,250 00
166,026 21
5,685 02
2,997 00
406,355 92
48,298 31
48,298 31
50,223 79
600,000 00
500,000 00
390,958 23
406,355 92
63,696 09
15,397 69
Total of deficit and defalcation
98,522 10
4
LAGRANGE AND MEMPHIS RAIL ROAD COMPANY.
Abstract of Statement A.
To amount of Company funds abstract¬
ed and invested at Pickering
To lay off town lots and other improve¬
ments at Pickering
To stock in Pickering House/
To expended on Pickering branch road
To excess of actual indebtedness over
balance of expenditures
Cr.
By amount of proceeds of Fort Picker¬
ing appropriated to the payment of
debts of the Company. .
*
Add deficit of individuals stockholders,
t
Abstract of Statement B.
Actual reported indebtedness of the
Company—
Deduct actual balance of expenditures,
Deficit of Company...
To which add deficit of individual
stockholders...
$25,000 00
7,270 00
2,974 96
20,000 00
63,696 00
15,397 69
48,298 31
50,223 79
$54,944 96
53,353 35
108,298 31
60,000 00
48,298 31
50,223 79
98,522 10
98,522 10
5
LAGRANGE AND MEMPHIS RAIL ROAD COMPANY.
The Company was organized on the 15th day of June, 1836, in
compliance with the requisitions of the act of incorporation, passed
December 14th, 1835, (see private act, page 391) which charter
has been amended, viz:
See acts, 26th January, 1838, sec. 12, page 169.
18th " 1838, " ' 442.
27th " 1840, " 190.
30th Dec'ber, 1841, " 25.
2d January, 1844, " 57.
10th " 1844; " 93.
See also decision of Supreme Court in the case, State against
creditors of the L. and M. R. R. C.
Amount of bonds received prior to act
of 27th January, 1840
Amount of bonds received since pass¬
age of act, January 27, 1840..
;• Total amount
Amount paid by individual stockhold¬
ers. . . ... - '
Actual cost of road (unfinished,)
Gross amount of revenue* (no tolls, re¬
ceived,)
Extent of road completed
Superstructures and rail laid nine miles
but not put. in operation
125,000 00
91,250 00
216,250 00
166,026 21
216,250 00
N. B. Accompanying the report of the committee to the board
of internal improvement will be found all the annual reports of the
company (six printed and one in manuscript) which latter will be
found among the interrogatories of the committee.
P. S. The first statement (on page 2) presents the condition of
the affairs of the company as exhibited by theirbooks. The second
on page 3, exhibits the actual condition of their affairs, as ascer¬
tained by the committee.
6
LAGRANGE AND MEMPHIS RAILROAD COMPANY.
In order to communicate the result of their investigation of the
affairs of this company in the most intelligible form, the committee
have deemed it expedient, in the first place, to make the statement
hereto annexed, marked A., which exhibits the aggregate of receipts
from all sources, and also the aggregate expenditures as reported by
the company, from which statement it be seen that they ac¬
knowledge their receipts to have been $450,958 23, of which
amount $216,250 was received upon; the State's subscription in
bonds, and $¿234,708 23 was received from individual subscribers,
showing an excess paid in by individual stockholders over the
amount paid by the State, of $18,458 23, upon which excess the
company predicated their receut application for $18,000 of bonds',
the issuance of which was intercepted by a special report of the
committee to his Excellency the Governor, made in compliance
with the requisition of that officer.
After as thorough an investigation of the affairs of the company,
however, as circumstances would allow, the çammittee present the
statement marked B., as exhibiting, as nearly as can be ascertained,
their actual legitimate receipts and expenditures.
In the statement last mentioned, marked B., the committee have
not recognized as legitimate, several items of expenditure reported
by the company, viz:
Amount paid for Foft ¿Pickering, $25,000
Laying off town lots and other improvements,.7,270
Stock in Pickering House,.. s -V... 2,674 96
Cost of constructing Pickering Railroad, 20,000 00
• » t - *
Total, .54,944 96
In relation to the investment of $54,944 96 at Fort Pickering,
the committee regard it as a private adventure of the individual
stockholders..
By the act of 27th January, 1840* section 1st, the company are
authorized to construct lateral or branch roads, to purchase real es¬
tate, &c., &c., by increasing their capital stock for that purpose;
but there is nothing in this section (upon which the company relies
to justify these expenditures) authorizing the appropriation by the
company, of any portion of their original capital of $500,000 for
such purposes; and indeed if any ambiguity is attached to the first
section, the proviso to the fifth section of the same act, is conclusive
upon this subject. This section provides expressly that "this act
shall not be so construed as to authorize the company to claim, or
the Governor to issue, in all, including as well those heretofore is¬
sued, as those hereafter to be issued, more than two hundred and
fifty thousand dollars in State bonds, and the whole of that amount
with an equal amount raised from individual stockholders, shall be
laid out upon the main road, from LaGrange to the Mississippi, and
from Somerville to the main stem at Moscow."
It is also provided by the second section, that all real estate
7
disposed of by the company shall be sold for the benefit of the in¬
dividual stockholders; from which also, it is evident, that the Gener¬
al Assembly contemplated that the individual stockholders should
look to their individual resources, if they chose to avail themselves
of the privileges granted by the first section of the act; viz: to pur¬
chase real estate; &c., &c.
In refusing to recognize these items of expenditure, the commit¬
tee are not unmindful of the fact that they have been sanctioned by
the directors on the part of the State; for although their assent, pre¬
cedent or subsequent ratification of any lawful act of the company
within the spere of their legitimate powers, would be binding upon
the State, yet in the judgment of the committee it will not be con¬
tended that the directors on the part of the State, acting in the ca¬
pacity of special agents, can alter the contract of their principal at
pleasure, or that the State Would be bound by their assent to a vio¬
lation of the charter.'
As the committee have allowed no credit in their statement marked
B. for the expenditure at Pickering, they have not, for that and other
reasons, chàrged the company with $60,000 proceeds of Pickering
property appropriated to the payment of the debts of the company,
and reported under their line of receipts to the credit of individual
stockholders.
In ascertaining the rèceipts of the company on individual sub¬
scriptions, to the extent of which the company were entitled to de¬
mand payment in bonds upon the State's subscription, the commit¬
tee have not recognized an item of $-5,685 02 received for interest
upon instalments overdue, for the reason that they regard said inter¬
est in the charater of damages resulting to the company, on account
of the defalcation of delinquent subscribers. In order, therefore,
to ascertain the true deficit of individual stockholders, it is only ne¬
cessary to deduct the amount of principal baid by them, viz: $216,-
250, which shows their deficit to be $50,223 79, as will appear
from abstracts marked C. and D.
By statement marked A., in which the committee have taken as
their data the receipts and disbursements reported by the company,
the expenditures exceed the aggregate amount of receipts from all
sources $10,362 65, which excess should exhibit the indebtedness
of the company, as this sum would only be subject to such varia¬
tions as might be produced by their interest account; yet they re¬
port an actual indebtedness of $63,696, exclusive of interest, and
which exceeds their balance of expenditure $53,353 35, and as they
report no corresponding balance in the Treasury under their line of
assets, they are consequently chargeable with that amount ($54,353-
35) of funds received and nöt accounted for, except the sum of
$5,055 04 by which amount, the proceeds of Fort Pickering ($60,-
000) appropriated to the payment of the debts of the company, ex¬
ceeds the amount of company funds abstracted, (viz: $54,944 96)
and vested at Pickering, &c., and which being deducted, leaves a bal¬
ance unaccounted for, of $48,298 21.
By statement marked B., according to the data assumed by the
8
committee (and which, as they believe, presents the actual legiti¬
mate receipts and disbursements of the company) the balance, or
excess of expenditure is $15,396 69 which, subtracted from the
actual indebtedness reported, leaves a balance unaccounted for of
$48,298 21, and which accords with the amount above stated. See
abstracts from A and B, marked C. and D. The reason for this
manner of stating the account, and treating the indebtedness of the
company, will be obvious by reference to the fourth response of the
company to the second series of interrogatories submitted by the
committee, in which the company state that their indebtedness was
created for grading, grubbing, motive power, &c., &c., and appears
to their credit under their line of expenditures.
The committee are constrained to attribute the present embarrass¬
ments of the company, in a great degree, to the unreasonable
amount paid fot engineering, salaries, &c., &c., to the deficit of the,
individual stockholders, and the amount of company funds abstract¬
ed for purposes of individual speculation.
The company have suspended operations for the most part since
1842, and from all they could observe, the committee were forced
to conclude that the completion of the road by the present stock¬
holders was not contemplated by the officers of the company, and
the committee are also justified or sustained in their conclusion by
the fact, that the representatives from the immediate vicinity of the
road, asked for and obtained at the session of 1843-4 a charter to
authorize the construction of a turnpike road from LaGrange to
Memphis—from which the state of feeling prevalent in that commu¬
nity in relation to the prosecution of the work, may be readily in¬
ferred.
From this view of the case, it is obvious that this enterprise, must
result in a heavy loss to the State, after all the advantages that may
result from a resort to the liens secured upon the private property
of individual stockholders and the property of the company, by the
22d and 24th sections of the general law of 1S37-8, and the 5th
section of the act of 27th January, 1840, which have been sustain¬
ed and enforced by the Supreme Court, State vs. L. &. M. railroad
company, 4th Humpreys, 488: and Nashville and Kentucky turn¬
pike company vs. deliquent subscribers, decided at the present term
[December, 1844,] and not yet reported.
9
FRANKLIN AND COLUMBIA TURNPIKE COMPANY.
Capital stock
Receipts of the Company, viz:
Paid in by the State in bonds
Paid in by individuals.
Interest on State bonds held by the
company
Interest on instalments overdue paid by
individuals
Expenditures of the Company, viz:
The expenditures having exceeded the
capital stock of the Company, that
limit was assumed by the committee,
Revenues of the Corny any, viz:
Amount of tolls collected to 1st January,
1845
Revenue from 1st to 15th January,
1845, inclusive
5» 1/
J)
>>
Appropriated, viz:
Paid for 3 extra culverts and ditches,.
" for repairs on Columbia bridge
profit and loss for discount on
bonds
Superintendents and officers
Gate keepers, including 3 qrs. of
1844 ' ;
" for counterfeit money, loss on
dimes, &c
" cost of incidental litigation
" contingent expenses for repairs
since completion, attorney fees,
&c., as per vouchers
" order of chairman of committee of
investigation
150,000 00
71,000 00
63,137 50
1,558 70
433 75
150,000 00
30,770 50
304 12
136,129 90
150,000 00
31,074 62
128 00
3,552 76
14,200 00
2,250 69
2,875 "25
140 00
790 88
6,913 04
224 00
31,074 62
10
FRANKLIN AND COLUMBIA TURNPIKE COMPANY.
ABSTRACT.
Assets of the Company.
Due on State subscription
Interest since completion of road
Due from individuals after paying de¬
ficit
Interest
Deficit of individual stock¬
holders 7,862 50
Interest since last issue of
bonds by State 2,923 53
Indebtedness of the Company, as near¬
ly as could be ascertained by com¬
mittee
Amount of indebtedness of Company
not recognized by committee as
chargeable to State stock,
Actual costofroad per mile,
Total cost of road, (McAdamized,)
Extent of road completed, 23 miles, 267
poles
Amount of bonds issued prior to act of
25th January, 1840.
Amount of bonds issued since the pass¬
age of said act
©
o
o
00
900
00
4,000
00
1,092
00
10,786 03
30,000 00
25,100
6,292
00
00
150.000 00
22,000 00
41,000 00
20,778 03
Settlement concluded with the company in accordance with the
foregoing statement, a copy of which, signed by the parties, is
filed in the office of the Comptroller..
For details see "Report of Committee to Board of Internal Im¬
provements. x
Incorporated, February, 1836: see acts 1835-6, page 10L
Amended, November 17, 1837, acts 1837^-8, page 232.
n
NASHVILLE* MURFREESBORO* AND SHELBYVILLE
TURNPIKE COMPANY.
t
Receipts of the Company, viz:
Amount received of individua} stock
holders
Amount received of State in 5| per
cent bonds
Other subscriptions and receipts to the cap
ital stock, viz:
Amount received from Davidson courj-
ty school fund.
Amount received from Rutherford coun¬
ty school fund.
Amount received from Bedford county
school fund
Amount of interest received on these
three items. »
Internal Improvement fund of the above
named three counties. ,
Amount received of Davidson academy
fund
Amount forfeited to company by de-.
faulting subscribers »
Amount of interest and premium rec'd
on State bonds up to the time they
were disposed of in 1837, less $800
for expenses of negotiation
91,850 00
06,666 66|
13,523 64
14,234 47
12,590 33
1,726 26
11,204 96
965 46
2,815 00
3,651 61
219,228 39
12
NASHVILLE, MURFREESBORO' AND SHELBYVILLE
TURNPIKE COMPANY.
Expenditures of the Company, viz:
Amount paid contractors for work on
road, for grading, metaling, &e^, 1st
January, 1838
Amount paid for land near Shelby ville,
for gate house 1
Amount paid for engineering till road
was complete —
Amount paid for printing
Amount paid agents on the road, till
completed.. ¿.. ¿
Amount paid overseer, negro hire, pro¬
visions, board and hauling for road. *
Amount paid Secretary .
Amount paid Attorneys •
Amount paid damages for right of way
and court costs -
Amount paid for repairs of gate bouses
and feeding mules
Amount paid commissioners
Expense account for amount paid in
terest on school fund out of capital
stock »
Expense account for amount paid im
terest on State bonds out of capita
stock, (two instalments for 1837,)...
Amount paid Holmes for stock to enable
him to continue his contract
209,628 54
1,035 '00
152 82
145 51
5,605 50
I
»
3,918 76
600 00
197 50
1,414 57
88 68
2,315 00
225,101 88
6,064 00
3,500 00
1,750 00
236,415 88
I 17,187 49
13
NASHVILLE,
MURFREESBORO' AND
TURNPIKE COMPANY.
SHELL YVIL LE
Revenues of the Company, viz:
Gross amount of tolls received on the
road to 1st Jan. 1845 *.... 134,849 30 134,849 30
Appropriated, viz:
Excess of expenditures over receipts..
Amount of interest on State Bonds paid
out of the tolls
Amount of interest on school fund of
Davidson, Rutherford and Bedford,
paid out of tolls -
Amount on academy fund of Davidson
from Feb. 13, '33, to Feb. 13, '44...
Dividends (17 per cent, in all) paid on
internal improvement fund of Da¬
vidson, Rutherford and Bedford....
Dividends (17 per cent, in all) paid to
individual stockholders
Amount paid gate keepers from Jan. 1,
183S, to Jan. 1,1845
Amount paid agent and collector of tolls
from Jan. 1, '3S, to Jan. 1, '45.
Amount paid secretary and treasurer._
Amount paid for building new bridge
over Stones' river in 1842
Amount paid for repairs of road and
bridges, Jan. 1, 1838 to Jan. 1,1845
Amount of premium in specie to pay
interest on State bonds
Amount of interest paid on the suit in
Davidson vs. the Company, in favor
of the school fund.
Amount paid for negro hire in 1840 and
building and repairing toll houses
Amount of expenditures improperly
charged by company to capital.
Stock under their line of expenditure
for construction.
Amount paid for breaking stone and re¬
pairs of road ! 1,110
Amou nt paid gatekeepers, , ...... . 1,,640
Amount of repairing road, negro hire, ,
and overseer 3,220 00
Balance in treasury, Jan. 1, 1845 10,083 59
as reported, " 1,212 34
8,871 52
Chartered Jan, 4,1830; amended act Oct. 20,1832, sec. 2; Dec.
17, 1831 and Feb. 19,1836.
71
134,849 30
«
17,187 49
17,500 00
23,544 53
637 19
1,904 84
15,614 50
10,935 00
9,700 00
1,425 00
2,320 00
20,786 16
1,368 22
453 79
1,418
>
23
76
00
124,765 71
14
N., M. & & TURNPIKE COMPANY,
' In account with the State of Tennessee.
By instalment of interest advanced on
bonds of the State, Jan.. '38
By interest 7 years at 5 per cent
do do do July, 183S....
By six years six mo. int. at 5 per cent.
do do do Jan. 1839
By six years interest at 5 per cent
do do do July, 1839 .
By five years six mo. int. at 5 per cent.
do do do Jan.,.1840.. ¿.
By five years interest at 5 per cent....
do do do July, 1840....
By four years six mo. int. at5 per cent.
do do do Jan., 1841. .
By four years interest at 5 percent.-.
do do do July* 1841
By three ys. six mo. int. at 5 per cent.
do do do July, 1843....
By one year six mo. int. at 5 per, cent..
do do do* Jan., 1844..
By one year's interest at 5 per cent...
1,750 00
612 50
1,750 00
568 75
1,750 00
525 00
1,750 00
481 25
1,750 00
437 50
1,750 00
393 75
1,750 00
350 00
1,750 00
306 25
1,750 00
131 25
1,750 00
87 50——i
21,393 75
The above exhibits the amount of interest advanced by the com¬
pany on the bonds of the State, together with the interest thereon
at 5 per cent., which by the act of 19th February, 1836, is re-im-
burseable out of the proceeds of the State stock.
Bonds is'd prior to act of Jan. 25, '40.
Bonds issued since—none
Amount paid in by the State
Amount paid in by individuals
Public funds subscribed, (see act of Dec.
17, '31, ch. 46, sec. 4.
School fund of Davidson county. .
School fund of Rutherford county
School fund of Bedford county
Internal imp't fund of above counties..
Davidson academy fund
66,666 60§
66,666 66§
91,850 00
13,523 64
14,234 47
12,590 00
11,204 96
965 46
15
N., M. & S. TÜRNPIKE COMPANY,
In account with the State of Tennessee.
To amount of dividend which should
have been declared on Stale stock,
say, in July, 1839, 3f per cent
To five years six months interest on
same, at 5 per cent
To amount of do do do in July,
' 1840, at 3 per cent
Four years six months interest on same
at 5 per cent
To amount of do do do in July,
'44, at 6 percent
Six mo'.s int. on same, at 5 per cent..
To deficit of dividend for July, '39, to
make the State equal with individu¬
als, for excess by them received
To five y's. six rno's. int. at 5 per cent.
To deficit for July, '40
To four y's. six mo's. int. at 5 per cent
To deficit for July, '44 .
To six months interest at 5 per cent. -
To State's proportion of balance in
Treasury on 1st Jan., 1845.
2,500 00
687 50
2,000 00
450 00
4,000 00
100 00
885v,41
243 49
708 33
159 37
1,239 58
30 99
3,484 63-
16,489 30
The above statement exhibits the amountof nett profits upon the
State stock in the company, the amount to which the State is enti¬
tled, pro ratay on account of an excess paid to individual stockhold¬
ers, in dividends, and also, the State's proportion of the balance
that should properly have been in the Treasury of the company on
the 1st January ,1845, over and above the amount reported.
Actual cost of road per mile
Extent of road, complete, 55 miles Mc-
Adamized
Amount of debt claimed, by company
against the State not recognized....
Balance of dividend declared and un¬
paid ...
4,288 00
29,933 32
. 500 00
16
NASHVILLE, MURFREESBORO' AND SHELBYVILLE
TURNPIKE COMPANY.
The committee concluded a compromise and settlement with the
company, subject to the ratification of the General Assembly, on
the terms and conditions specified in the following exhibit, the orig¬
inal of which, signed by the parties, is filed in the office of the
Comptroller.
Nashville, May 28.1845.
Upon investigation and settlement of the affairs of the Nashville,
Murfreesboro' and Shelbyville turnpike company, this day con¬
cluded, between Robert W. Powell, chairman of the committee
appointed by the Legislature to investigate and settle the affairs of
the respective internal improvement companies, in which the State
is a stockholder and James H. Foster, president, and Thomas S.
King, Edward Trabue, Wm. F. Lytle, Levi Wade, Wm. Grey,
Samuel Philips, John Caldwell and "George A. Sublett, dirèctorsof
said company, it is agreed and stipulated by the respective parties,
to wit: that the individual stockholders shall pay into the Bank of
Tennessee at Nashville, out of the first nett proceeds realized upon
their shares in said company, the sum of $25,085 90 in considera¬
tion of that amount of school fund of the counties of Davidson,
Rutherford and Bedford, and academy fund of Davidson county,
or at their election, vest such sum in bonds of the State of Tenner
see as will yield annually, when so invested, the sum of one thous¬
and five hundred and five dollars, fifteen cents, four mills, and the
said president and directors of the said company, hereby agree to
pay annually, the aforesaid sum of one thousand five hundred and
five dollars, fifteen cents and four mills, for the benefit of common
schools in the said counties of Davidson, Rutherford and Bedford,
until they shall have paid into the Bank of Tennessee, or invested
in bonds of the State, as herein before provided, the sum of $25,085
90 aforesaid, subject to a credit or deduction, however, for such
amount of interest as may accrue at six per cent, per annum, on
the deposits or payments made by the company into the Bank of
Tennessee, for the purpose of liquidating the aforesaid liability of
$25,085 90 and when the said-sum of $25,085 90 shall have been
paid into the Bank of Tennessee, in manner and form as hereinbe¬
fore provided, the said company shall thereafter be forever acquit¬
ted and released from any and all charges fob interest on said school
and academy fund, and the said president and directors, as well in
behalf of the company, as of the individual stockholders agree to,
and do hereby relinquish all claims against the State-for interest ad¬
vanced by the company upon the bonds of the State, in accordance
with the provisions of the act of 19th February, 1836, and all oth¬
er claims and demands whatsoever, and the said Robert W. Pow¬
ell, chairman, &c., as aforesaid, on the part of the State, agrees to
and does hereby assume the payment of the interest on the bonds
issued to said company, henceforth; and to relinquish all claims for
arrearages of interest on said bonds, and for which the company is
17
now in default, according to the provisions of the before recited act
of 19lh February, 1836, and also to assume the payment of the in¬
terest of and on the sum of $16,228 and pay over the same for tho
benefit of common schools in the said counties of Davidson, Ruth¬
erford and Bedford, and the academy of Davidson, to such person
or persons as shall be authorized to receive the same; said sum of
$16,228 being the remainder of the sum of $41,313 73 common
school fund of the counties aforesaid, and academy fund of David¬
son county invested in stock of said company by authority of an
act passed 17th December, 1831, section 9; and the said Robert
W. Powell, chairman, &c. as aforesaid on the part of the State, fur¬
ther agrees to, and does hereby relinquish all claims of the State
against said company for proceeds upon stock owned by the State,
and all other claims and demands whatsoever, and it is hereby fur¬
ther agreed and stipulated by the said parties, that the funds of the
company, now in the Treasury, shall be deposited in the Bank of
Tennessee at Nashville, subject to any charge against the said com¬
pany for interest on school fund, academy or other lawful demands
whatever, until this settlement shall be ratified by a majority of in¬
dividual corporators and the Legislature of the State, to assemble
in October next, and the remainder of said fund, then on hand, af¬
ter meeting such charges aforesaid, shall be paid over to the respec¬
tive parties, pro rata by the president of the Bank aforesaid, to be
devoted, as they may elect, to their respective interests—the pres¬
ident of the Bank, representing the State in the distribution of
said fund so on hand as aforesaid, and in the reception of the
amount thereof due the State. The said president and directors
of the said company hereby further stipulate and agree to pay over
to the State semi-annually, without defalcation, the nett proceeds
upon the shares of the State in said company, to wit: on the first
days of January and July in each year; the first payment to be
made on the first day of January, 1846, out of the receipts accruing
from the date hereof.
In witness whereof, we have hereunto set our hands to duplicate
copies, the dale and year above written.
The above recited agreement contemplates a re-organization of
the company as it regards the relations of the corporators. The
preferred stock (school fund amounting to $41,313 90) is to be
paid over to the Bank of Tennessee, pro rata—by the individual
stockholders and the State, and the State's stock of $66,666 66
will be thereby rendered available at par, as it will nett upwards
of six per cent., assuming the receipts and disbursements of the
company for 1844, afford reliable data, and the committee doubt
not that the amount of receipts will be hereafter materially increas¬
ed.
Under existing circumstances, the State could not, at any time,
avail itself of the fund invested in the road, however desirable it
might be to aid in the payment of the bonds issued to make said in¬
vestment, or to meet any other exigency, for the reason that the nett
profits upon the State stock, (after the requisitions upon the com-
2
18
pany for divideuds upon preferred stock are discharged) are insuffi¬
cient to meet the interest advanced by the company upon the bonds
issued for their benefit; and although the company is required by
the act of 19th February, 1836 to pay the interest on the State
bonds, yet the excess over the amount of nett profits upon the
State's stock is reimbursable; hence it will be obvious to your hon¬
orable body, that the investment of the State was not only a total
loss, but at the maturity of the bonds, there would have been a con¬
siderable balance due the company for interest advanced and reim¬
bursable out of the proceeds of the State's stock. '
The committee also assume on the part of the State, the payment
of $973 68 per annum, for the benefit of common schools. This as¬
sumption need not affect the annual charge, either against the Bank
or the Treasury, as the Legislature has entire control oVer the
amount that shall be annually distributed for thé benefit of common
schools, except as to the interest or dividends on the school fund pro¬
per, and as there is a large excess over the nett profits upon the
school fund, now annually distributed by the Bank, it will only be
necessary that the principal be preserved as required by the con¬
stitution.
19
BIG HATCHEE TURNPIKE AND BRIDGE COMPANY.
Capital stock, (see charter Jan. llth.
1830, and Dec. 17,1831,)
Subscription by State
individuals
iL
Receipts of the Company, viz:
From the State, June 14, 1839,
« " Nov. 5, 1839.
From individuals prior to June 14th,
1839 .$14,108 80
Since June 14,1839 201 87
Expenditures, viz:
vTo date of State's subscription.
Since June 14,1839
Apparent balance in Treasury.
25,000 00
23,800 00
6,000 00
8,000 00
15,310 87
41,840 96
10,497 34
50,000 00
28,310 87
26,338 30
26,338 30
1,972 37
The above table exhibits the condition of the affairs of the Com¬
pany as taken from their books. On the next page will be found
a statement of the actual condition of the Company, as ascertained
by the committee-
For details, see report to committee of Board of Internal Im¬
provement.
Company chartered llth January, 1830; charter amended 16th
December, 1831; 19th January, 1838; (see. 21) and 19th January,
1838. See page 410.
20
*
BIG HATCHEE TURNPIKE AND BRIDGE COMPANY,
Capital stock, *
Subscribed by State
" individuals *
Receipts of (he Company, viz;
From the State
" . individuals,...... .14,310 67
Deduct damages to bridges,
roads, &c. See answers .
to 1st and 2d series of in¬
terrogatories 5,500 00
Expenditures to date of >
State's subscription,. 14lh
June, 1839 15,840 96
Deduct amount not recogniz¬
ed by committee.- 5,500 00
Since June 14,1839
Unexpended balance in Treasury
Abstact,
To amount of unexpended balance in
treasury
To deficit of individual stockholders
To funds of Company abstracted and
appropriated to debts of the$|Compa-
ny contracted previous to the State's
subscription .. *
Revenues of the Company, viz:
From tolls from 1st Oct. 1S39, to 1st
Dec., 1843
Appropriated, viz:
To toll gatherer 965 15
To various repairs on road .501 65
Balance in treasury, December 1,1843
25,000
23,800
50,000
14,000
8,810 67
22,810 67
10,340 96
10,497 34
20,838 30'
1,972 37
1,927
5,500
3,875 26
11,347 63
1,714 66
1,466 80
247 86
21
FULTON TURNPIKE COMPANY.
Capital stock of the company not limit¬
ed by charter
Individual subscription
State subscription
Received from the State in bonds
Received from stockholders
Expenditures, viz:
As per report of commissioners at date
of last issuance of bonds,
Since date of last report and application
•for bonds
Total expenditures.
Total receipts
10,000
10,000
6,000
6,000
12,000
5,050
17,050
12,000
5,050
20,000
12,000
For the above balance, (being the excess of payments by indi¬
vidual stockholders, over amount paid on State's subscription,) the
company contemplated making an application for $5,050 in bonds
in April last, but by reference to their charter, passed 7th January,
1838, (see acts '37-8, page 413,) it appeared that the time allowed
for the completion of the road had expired, and the committee ad¬
monished the company that no further payment would be made on
the State's subscription, unless by Legislative interposition further
time should be allowed them to complete the road.
For all necessary information as to the progress of the company
in the construction of the road, you are referred to the report and
papers filed in the office of the Comptroller.
Actual cost of Road.
Bonds issued prior to act of 25th Janu-
, ary, 1840
Bonds issued since passage of act25lh
January, 1840 6,000
Amount paid by State... — » 6,000
" paid by individuals (reported). 11,050
Gross amount of revenues..
Extent of road completed
Company incorporated 17th January, 1838, see act '37-8, page
413; amended, see act '37-8, page 188 and 379.
22
CHAMBERS AND PURDY TURNPIKE COMPANY.
Capital stock, 15,000
Subscribed by State, 7,500
Subscribed by individuals, 7,500 00— 15,000
Receipts of the company.
Amount paid in by State, 7,500
Amount paid, in by individuals, 0,000
The whole amount paid in by the State fraudulently diverted to
purposes of individual speculation.
FAYETTEVILLE AND SHELBYVILLE TURNPIKE
COMPANY.
Capital stock,
Subscribed by State,
Subscribed by individuals,
90,000
90,000 00-
180,000
180,000
This company organized and applied for State bonds to the
amount of 616,000, which \vere signed by the proper authorities
and deposited in the Bank of Tennessee, subject to the order of
the company. The company not having prosecuted their 'enter¬
prise, the bonds still remain in the possession of the Bank.
MURFREESBOROT AND MANCHESTER TURNPIKE
COMPANY.
Capital stock,
Receipts of the company.
Paid in by the State in bonds,
8,000
This company commenced operations within the last few months.
The board of internal improvement having compromised "the mat¬
ters of disagreement between the company and the State," in ac¬
cordance with the provisions of a resolution passed 27th Decem¬
ber, 1843—see acts '43-4, page 298—by which the capital stock of
the company was settled at $4,000 per mile for McAdamized road
and $2,000 for graded road.
23
ASHPORT TURNPIKE COMPANY.
Capital stock
Subscribed by State
Subscribed by individuals
Receipts of the company, viz:
Received from individuals -
Paid by the State in bonds,.
Expenditures of the company as re
ported
Amount of balance in Treasury unac
counted for
Interest from November 10, 1S40, to
November 10, 1844
40,000 00
40,000 00
35,000 00
35,000 00
80,000
80,000
70,000
59,569 06
10,430 94
2,503 44
12,934 38
There are accounts against'the company for work done by indi¬
vidual stockholders, who had not formally contracted to perform
any specific extent or character of work. The committee, there¬
fore, refused to recognise such accounts as legitimate expenditures
of the company. If, however, the directory shall hereafter assent
to or receive such work, (it being a subject matter over which they
have entire control) the company will be entitled to a credit for the
amount thereof.
For details in relation to the condition of the affairs of said com¬
pany, see report of the committee to the board of internal improve¬
ment; also, responses of the company filed in the office of the Comp¬
troller.
Incorporated 11th December, 1835; amended 11th December,
1837, and 4th February, 1842.
24
NOLENSVILLE TURNPIKE COMPANY.
Capital stock
Subscribed by the State..,
Subscribed by individuals,
Receipts of the company, viz:
From the State in Bonds
From individuals! ¿.
Expenditures of the company, viz:
For road building, as per contracts,.
u bridges
11 culverts ;
3 gate-houses and land
engineering, salaries, &c......
II
II
Excess of expenditures over receipts..
Revenues of the Company, viz:
Amount of tolls received to 1st May,
1S45
Appropriated, viz:
To current expenses, for repairs, sala¬
ries of officers and liquidation of the
debts of the company i
Balance in treasuiy
Assets of the Company:
Amount due on individual subscrip¬
tions ...
Amount due on State subscription
Indebtedness of the company not re¬
cognized by committee as chargeable
to State stock
Actual cost of road per mile as per ex¬
penditures reported,
Actual cost of capital stock assumed as
limit of expenditures
Actual cost of graded and McAdamized
Amount of bonds issued prior to act of
25th January, 1840
Amount of bonds issused since pas¬
sage of said act
Extent of road completed, 22 miles..
50,000
50,000 00
48,000
48,287 00
99,939 83
5,881 93
566
1,035
1,500 00
6,897
4,029 09
2,867 91
1,713
2,000 00
8,922 76
4,950 03
4,545 45
14,000
34,000
100,000
100,000
96,287
108,922 76
12,635 76
3,713
25
NOLENSVILLE TURNPIKE COMPANY.
The Nolensville Turnpike Company was incorporated by an act
passed 17th February, 1836, with a capital stock of $75,000 said
act referring for the powers and privileges conferred, to the act in¬
corporating the Franklin Turnpike Company, passed 31st Decem¬
ber, 1S29. The charterof the Nolensville Turnpike Company was,
however, amended on the 24th January, 1S3S, and the capital ex¬
tended or increased to $100,000.
It will be seen from the foregoing statement of the expenditures
of the company that they have exceeded their receipts by $12,635
76, in order to complete the road. Of this excess the committee
can only recognize $3,713, (the amount of the assets of the com¬
pany due upon the subscriptions of the State and individual stock¬
holders,) as the company cannot bind the State for any expendi¬
ture beyond the capital stock.
The company claim the right to devote the proceeds of the road
to the payment of the indebtedness created by said excess of ex¬
penditure, for the reason that the lolls received upon the Franklin
Turnpike road, were tobe appropriated to the construction of the
road until completed, and for other reasons not necessary to recite:
but this, in the judgment of the committee, they cannot lawfully do,
ns the proceeds upon the State stock, after discharging current ex¬
penses for repairs, &c., are appropriated by the law authorizing the
subscription by the State; and although the company may have had
the power to make such disposition of the tolls, previous to the
State's subscription, this provision in their charter was altered and
repealed by the 26th section of the act of 19th January, 1838, to
which they assented by availing themselves of the subscription and
payments by the State, authorized by said act, upon the conditions
therein specified.
The committee are, however, constrained to say that they regard
the claim of the company for an additional payment on the part of
the State to aid in the liquidation of the debt of the company as
meritorious, and have therefore lelt the question open,for legislative
interposition, and recommend that your honorable body appoint a
committee to settle with the company and ascertain the amount
equitably chargeable to the Slate, and thereupon authorize the issu¬
ance of such an amount in bonds, and require the profits upon the
State's stock to be paid over to the Treasurer of the State.
The estimate of the cost per mile was made, assuming the ex¬
tent of the road to be 22 miles, whereas, by actual measurement, it
is nearly 23 miles. The cost will consequently not much exceed
$4,200 per mile.
Chartered 17th February, 1836,
Amended 25th January, 1838,
" 19th " 1838, (General Internal Improvement
Law.
26
GALLATIN AND CUMBERLAND TURNPIKE COMPANY.
Capital stock
Receipts of the Company, viz:
Received from individuals..
the State in bonds..
»
Expenditures of the Company, viz:
For engineering, road building, build¬
ing toll houses, salaries, &c
Revenues of the Company, viz:
Receipts for tolls to 1st Jan, 1845
- Appropriated, viz:
To incidental expenses, including sala¬
ry of gate keeper, secretary and
treasurer
To balance of expenditure for original
construction
To excess paid in by individual stock¬
holders
Amount of bonds issued prior to act of
25th January, 1840 .
Amount of bonds issued since passage
of said act
Extent of road completed, 3è miles,
(M'Adamised)
428 38
533 10
450 00-
1.000
5,000
14,000
12,450
12,983
1,362 76
1,411 48
48 73
The committee did not complete a settlement with the above
company for the reason that they had instituted suit against the
Stale to compel a further issuance of bonds under the 7th section
of the act of incorporation, in which however, in the judgment of
the committee, they ought to fail. The subscription for the con¬
templated extension, having been made since the passage of the
act of 25th January, 1840, (the first section of which repealed all
laws áuthorizing the Governor to subscribe for stock in internal im¬
provement companies, incorporated or to be incorporated) and for
the additional reason that the company made an application on the
16th May, 1840, in accordance with the provisions and require¬
ments of the said act of 25th January, 1840, for a reduction of
their capital stock, which was formally assented to on the part of
the State, all the legal forms and solemnities being fully observed,
which proceeding was regular and lawful, as the company was not
bound by their charter to extend the road beyond such a point on
the Cumberland riveras the engineer might designate as the termi¬
nus, with the privilege of extending it to intersect the Lebanon and
Nashville turnpike road.
Chartered 16th January, 1838. Acts 1S37-8; page 430.
27
NASHVILLE AND KENTUCKY TURNPIKE COMPANY.
Capital stock
Receipts of the Company.
From the State in bonds
individuals
IC
Expenditures of the Company.
For road building, &cM &c., as reported
by the company, $108,579. Limit
of the law fixing capital stock, as¬
sumed by the committee
Revenues of the Company, viz:
Amount of tolls received to 1st Jan¬
uary, 1845
Appropriated, viz:
To current expenses, for repairs, sala¬
ries of officers, &c
Assets of the Company, viz:
Due from the State in bonds
" on individual subscription
Actual cost of road per mile *
Total cost of road
Amount paid in by State
" " " individuals
Extent of road completed, 27 miles 122
poles, "all graded and gravelled
Bonds issued prior to act of 25th Jan
uary, 1840
" issued since passage of said act..
Amount of indebtednessof the company
not recognized as chargeable to State
stock
47,000
46,951 60
4,872
4,872
3,000
3,048 40
3,652 13
100,000
47,000
46,951 60
9,000
38,000
5,879
100,000
93,951 60
100,000
6,048 40
Settlement concluded with the company on 15th February, 1845,
a copy of which, signed by the parties, is filed in the office of the
comptroller.
For details, see report of committee to Board of Internal Im¬
provement.
Chartered, 19th February, 1836.
Amended, 22d January, 1838.
Capital stock reduced in accordance with the provisions of the
act of 25th January, 1840.
28
HAEPETH TURNPIKE COMPANY.
Capital stock 4
Subscribed by State
Subscribed by individuals-
Receipts of the Company, viz:
Paid in by the State in bonds
Paid in by individuals, (reported).
Expenditures of the Company, viz:
For road building, &cM &c
Reported indebtedness of the Company, viz:
For surveying the route - „ „ .$24
For commissioners' salary 56
Attorney fees in suit of D. Had-
ley for damages 200
For amount paid Geo. May field
for damages by compromise. 163
For amount paid expenses of
Jabez Owen, whilst attending
to the Hadley suit 12
For printer's fees 6
50
39,000
39,000 00
39,000
39,000 00
39,000
26,000
13,000
Abstract.
Amount paid in by State in bonds..
Amount paid in by individuals
Bonds issued prior to act of 25th Jan
uary, 1840
Bonds issued since passage of said act
Revenue of the company—none
Extent of road completed—13 miles.
Road McAdamized.
Actual cost per mile *
Reported cost per mile
Indebtedness of the company not re
cognized by committee.
Incorporated 23d December, 1837—
Chancery held at Franklin, December, 1843, and resolution 14th
December, 1843.
78,000
78,000
78,000
78,000
461 50
6,000
461 50
see also decree of court of
29
HARPETH TURNPIKE COMPANY.
The Harpeth turnpike company was chartered December 23,
1837, (see acts '37-8, pages 141, 188, 408-9, also acts 1843-4, pa¬
ges 74-5, 291, with a capital of $80,000, and the privilege of ex¬
tending the amount to $120,000. A bill was filed against the
company, however, by the authorities of the State, and upon com¬
promise, the capital of the company was reduced to $78,000, and
the extent of road to be completed, to 13 miles, as will be seen by
reference to a decree of the chancery court held at Franklin, in
the county of Williamson, in December, 1843. The principles
aed terms of said compromise and decree being also recognized
and assented to by the General Assembly of the State, (see reso¬
lution passed 14th December, 1843, acts '43-4, page 291.)
All the items constituting the indebtedness of the company are
for expenditures chargeable to the capital stock, as they constitute
a part of the cost of construction, and are not such incidental ex¬
penses as may be lawfully charged to the revenues of the compa¬
ny. The committee cannot therefore recognize such indebtedness,
or any portion thereof, as the company cannot bind the State for
any expenditure for construction beyond the capital stock, and
which, according to their report is exhausted.
The remarks made by the committee, in relation to actual pay¬
ments upon their subscriptions by individual shareholders, in the
Jefferson turnpike company, are also applicable in this case; al¬
though such deposit of money was made with the Treasurer of the
company, as authorized the issuance of the bonds by the authorities
of the State, (the letter of the law having been complied with,) yet
the committee do not feel authorized to say that any amount was
paid by individuals upon their subscriptions, and actually and bona
yide èxpended in the construction of the road»
30
LEBANON AND NASHVILLE TURNPIKE COMPANY.
Capital stock,
Subscribed by State,
Subscribed by individuals,
Receipts of the Company, viz:
Paid by State
Paid by individuals—principal,
Interest received of individuals on in¬
stalments overdue,
Interest received on State bonds before
negotiated by company, ....
For sale of compass,
Premiums on sale of State bonds, ..
Deduction on contracts, See.,
Expenditures.
For road building, salaries of officers, &c.
Profit and loss account—for loss on State
bonds and interest accounts,
Excess of expenditures over receipts,
Revenues, viz:
Am'tof tolls received to July 1, '44,
Appropriated, viz:
Repairs of road, gate keepers' salaries
to July 1, 1844,
Treasurer and Secretary, .....
Remodelling Stone's river bridge, ...
Counterfeits and uncurrent money, .
Compensation of directors,
Cost of law suits, ,
Amount appropriated to liquidation of
debts of company,
75,000
75,000 00
75,000
75,000
607
3,868 14
40
11 55
520 88
150,000
150,000
.177,643 52
12,918 96
30,791 50
8,187 81
2,250
999 78
161 05
33 50
29 07
19,130 79
30,791 50
Chartered 12th February, 1836, amended 24th October, 1837.
155,047 57
190,562 48
35,514 91
30,791 50
31,
LEBANON AND NASHVILLE TURNPIKE COMPANY.
5,995 28
190,562 48
75,000
75,000
Abstract.
Actual cost of road per mile,
Total cost of road, ---------
Amount paid in by individual stock¬
holders, — - - -
Amount paid in by State, - -
Extent of Road completed.
Main route to Lebanon 29 miles, 66
poles; branch to Stewart's ferry, 2
miles, 185 poles, (all graded and Mc-
Adamized,) -
Amount of bonds issued prior to act of
25th January, 1840,
Amount of bonds issued since passage
of said act, — - — - - *•
Excess of interest paid by State, over 5
per cent, on the indebtedness of the
compay not recognized by committee,
Interest paid by individual stockhold¬
ers—excess of subscription,
1,266 35
On settlement of the affairs of the company, the committee re¬
garded a portion of the reported indebtedness of the company as
equitably chargeable to proceeds of State stock. For details, see
written settlement signed by the parties, filed in the office of the
Comptroller.
31 mi's 251 p.
70,000
5,000
659 35
607 00
, 32
JEFFERSON TURNPIKE COMPANY.
Capital stock
Subscribed by the State...
" individuals.
tt
Receipts of the Company, viz:
Paid by the State in bonds
" " individuals, (as per report of the
company)
Expenditures of the Company, viz:
For road building, including engineer¬
ing, salaries, and all other charges,
($6,000 per mile, reported).-.. ...-. ;
8,000
1,000-
9,000
28,000
6,000
6,000
9,000
9,000
Excess of expenditures over receipts..
Asests of the Company, viz:
Amount due on State subscription
" " " individual "
Amount paid in by State prior to act of
25th January, 1840
" paid in by the State since passage
of said act, to date of response of
eompany to committee
Since date of response to committee
Amount paid in by individuals
Reported cost of road per mile.......
Actual cost of road
Extent of road 15 miles, (all completed
except bridges)
Revenues of the Company—none
Incorporated 23d January, 1838.
See also decision of Supreme Court in the case of State vs. J.
Turnpike Co.
90,000
90,000
90,000
81,000
90,000
33
JEFFERSON TURNPIKE COMPANY.
The Jefferson Turnpike Company was incorporated on 23d of
January, 1838, (see acts of '37,-8 page 438.) As it regards the
receipts from individual stockholders the committee has stated
them at the amount reported. From the manner in which the af¬
fairs of the company have been conducted, they could avail them¬
selves of no reliable data which would enable them to ascertain the
actual payments by individual stockholders. The contractors were
required to become stockholders, and received, probably, one half
of the consideration upon their respective contracts in stock of the
company, and as no value attaches to the stock,.the presumption is
that they bid éntirely in reference to the amount derivable from the
Stale. No practical good would have resulted from au effort of the
committee to ascertain the actual payments by individual stockhold¬
ers, as will be seen by reference to a decision of the Supreme Court
in the case of the State vs. Jefferson Turnpike Co., reported in 2d
Humphreys, page, which asserts that the assent of the agents
of the State to any act within the sphere of their delegated powers
is binding upon the State, and that the manner of letting the road
to contractors is a subject matter over which they have control, and
that their acts will be recognized and enforced by the Judiciary,
unless fraud or collusion, be proven. The committee feel it to be in¬
cumbent on them to make the foregoing statement, inasmuch as by
the law under which they are appointed, they are required to as¬
certain and report the actual amount paid in, as well as the actual
amount expended in the construction of the respective roads.
The company report an indebtedness of $6,000,, of which the
committee have taken no notice in the foregoing exhibit, for the rea¬
son that the road is contracted to be completed at $6,000 per mile,
and if the expenditure should exceed that amount, the State will
not be bound for any portion of such excess.
3
34
COLUMBIA, PULASKI, ELKTON AND ALABAMA
TURNPIKE COMPANY.
Revenues of the Company, viz:
To amount of tolls collected
Appropriated, viz:
To liquidation of the debts of the com¬
pany 2,850 29
To current expenses for re¬
pairs, salaries of officers and
State Com'ers 4,001 37
Actual cost of road per mile
Total cost of road
Amount paid in by individual stock¬
holders - 1
Amount paid by the State in bonds
Extent of road completed 45 miles 149
poles -
Extent of road unfinished 4£ miles. .. .,
Amount of bonds issued prior to act
25th January, 1840
Amount of bonds issued since passage
of act
6,851 66
6,851 66
5,586 67¿
254,000
118,026 73 *
122,000
12,000
110,000
The committee concluded a settlement with the company on the
24th January, 1845, the terms of which were signed by the parties,
the original of which is filed in the office of the Comptroller, and
will be found accompanying their report to the board of internal
improvement«.
By reference to the responses of the Company, accompanying
the report of the board of internal improvement, it will be seen
that they reported a payment of $181 50 to the commissioners ap¬
pointed by the Governor, in accordance with the provisions of 10th
section of the act of 25th Jan., 1840, which, in the judgment of
the committee, was properly chargeable to the treasury of the State.
They therefore refunded to them the sum of $147 50, that being
the extent to which they produced vouchers for said payment,
which vouchers also accompany thé report of the committee to the
board of internal improvement.
35
COLUMBIA, PULASKI, ELKTON AND ALABAMA
TURNPIKE COMPANY.
Capital stock
Subscribed by State
" individuals .......
Receipts of the Company, viz:'
Paid by the State in bonds,.
" individuals
Interest on instalments over due
Expenditures of the Company, viz:
For road building, bridges, culverts and
superintendents, *
For engineering, toll houses, gates, &c.
Indebtedness of Company, viz:
For road building and other expenses
not reported by the company under
their line of expenditures
Cr.
By amount of revenue appropriated in
liquidation of above indebtedness..
Interest to 24th January, 1845...
125,000
125,000
122,000
118,026 73
6,500
237,550 91
8,975 82
16,309 96
2,S50 29
13,459 67
1,495 54
Of the above there is due from indi¬
viduals 9,464 24
From the State 5,490 97
Deficit of individual stockholders.. ...
Amount of indebtedness not recognized
by committee^ as chargeable to pro¬
ceeds of State stock..
14,955 21
14,955 21
3,973 27
9,464 24
* 250,000
250,000
246,526 73
246,526 73
Chartered Feb., 1836. See act 1835-6, page 102; amended
Jan. 19, 1838. (General Int. Imp. Law.)
36
NASHVILLE AND CHARLOTTE TURNPIKE COMPANY
Capital stock
Subscribed by State
Subscribed by individuals...... f....
Receipts of the Company, viz:
From the State in Bonds -
" individuals ......
Expenditures, viz:
For constructing roads, salaries of offi
cers, &c
Revenues, viz:
Nett amount of tolls received to 1st
January 1845
Appropriated, viz:
Amount paid dividends to State and in¬
dividual stockholders...,
Amount of deficit of individual stock¬
holders
Interest on do *
Amount of dividends declared and un¬
paid, due to the State on 1st January,
1845
Actual cost of röad per mile
Total cost.
Extent of road completed, 10f miles,
M'Adamised ,
.-Amount of bonds issued prior to act of
J£5th January, 1840
. Ajnount of bonds issued since passage
pf-said act
30,000
30,000
30,000
29,700
11,592.
9,192
300
89 75
1,200
5,607 SO
59,700
30,000
00,000
60,000
60,000
59,700.
59,700
Settlement concluded with the company in accordance with the
. above exhibit, signed by the parties on the 22d day of April 1845.
.For details see report to board of internal improvement. Çbar-
January, 1838; acts 1837-8, page 295.
37
COLUMBIA CENTRAL TURNPIKE COMPANY.
Capital stock
Subscribed by State ..
Subscribed by individuals. ....
Receipts of the Company ¡...
Expenditures of the company, viz:
For constructing road, building gate,
houses, &c., as reported by Co. $306,-
500; capital stock assumed by com¬
mittee as limit of the expenditures.
Revenues viz:
Amount of tolls rec'd to Jan. 1,1845.
Appropriated, viz:
To current expenses, for repairs, gate
fixtures, See.,
Balance in treasury 1st Jan., 1845
Extent of road completed, 69% milës
13 miles M'Adamized, 29 gravelled
27% graded -
Actual cost of road per mile
For M'Adamized road per mile.
Gravelled "
Graded "
Amount paid in by State.
" individuals, as per report
Amount of bonds issued prior to act of
25th January, 1840...*
Amount of bonds issued since pas
sage of said act
Excess of expenditure relinquished by co
Amount of expenses not recognized by
committee as chargeable to revenues
of the company — . *
Incorporated 26th Dec.,, 1Ö37.
6,000
6,000
1,000
150,000
150,000
69,000
81,000
6,500
300>000
300,000
300,000
300,000
433 50,
6,933 50
38
CLARKSYILLE AND RUSSELVILLE TURNPIKE COM¬
PANY.
Capital stock,
Subscribed by State,
Subscribed by individuals,
Receipts of the Company, viz:
On State subscription . .
On individual subscription
Interest on instalments overdue
Expenditures of the Company, viz:
Constructing, &c., &c., original actual
cost ,
Excess of expenditures
Amount of revenue derived from tolls.
Appropriated, viz:
To balance of expenditures ».
To current expenses
To dividends declared
37,500 .
37,500 00
37,500
36,085 30
89 90
75,000
75,000
73,666 20
78,552
4,851 32
18,210 72
4,851 32
4,297 66
9,031 25
18,180 23
30 40
Balance in Treasury, Oct. 1,1844...
From the above statement it will be seen that the individual stock¬
holders in the Clarksville and Russelville turnpike company have
failed to pay in the entire amount of stock subscribed, although up¬
on their certificate to that effect they have obtained $37,500 from
the State, which is in full of the State's subscription; and as the
company had no power, per se, to reduce the capital stock, the com¬
mittee, therefore, in their settlement, charged them with the ascer¬
tained deficit, together with interest from the date of issuance of the
last bonds paid in by the State upon its subscription. There is
due, therefore, from the said company $1,679 95 for deficit upon
stock, and $1,327 50 for dividends upon State stock declared and
unpaid, exclusive of $30 49 balance in the Treasury on the 1st Oc¬
tober, 1844. See abstract on next page.
39
CLARKSVILLE AND RUSSELVILLE TURNPIKE COM¬
PANY.
Abstract.
* -—
Deficit of individual shareholders
Interest from 30th October, 1841', date
of last issuance of bonds .......
Amount of dividends declared on State
stock unpaid
Actual cost of road per mile
Total cost
Amount paid by individual stockholders
Amount paid by State prior to act of
25th January, 1840, $15,000
Since passage of said act $22,500
Gross amount of revenue from tolls ...
Appropriated, viz:
Excess of expenditures -
Current expenses..' -
Dividends declared. i
1,414 70
265 25
1,679 95
1,327 50
3,007 45
6,039 80
78,517 52
36,085 30
37,500
4,851 32
4,297 66
9,031 25
18,210 72
18,180 23
Extent of road completed—13 miles.
Company incorporated January, 1830, see acts page 222, amend¬
ed January 20, 183S, page 317,
40
GALLATIN TURNPIKE COMPANY.
Capital stock . —
Receipts of the company, viz:
Paid in by the State in bonds,
« tc « individuals, (principal,)
Interest on instalments overdue,........
Expenditures of the company, viz:
For constructing road, grading, metal¬
ling, &c.,
For stone-work and bridges, .....
For profit and loss—discount on bonds
sold and interest ac't.,
132,500 *
130,506 19
2,004 14—
266,249 01
10,077 53
21,683 04—
Excess of expenditures over receipts:
Revenues of the company, viz:.
Amount of tolls collected to 1st Janua
ry, 1845,
Appropriated, viz:,
To rebuilding and repairing bridges, re¬
pairs upon road, salaries of officers,
costs of suits, attorney's fees, inter¬
est on indebtedness of company, &c.
Deficit of individual stockholders,....
Amount of indebtedness not recognized
by committee as chargeable to pro¬
ceeds of State stock exclusive of in¬
terest
33,465 38
33,465 38
2,004.14
23,999 .25
265,010 33
298,009 58
32,999 25
41
GALLATIN TURNPIKE COMPANY.
Actual cost of road per mile,. 6,000
Total cost, (limit of the law assumed).. 297,000
Amount of stock paid in by the State,.. 132,500.
" of stock paid in by individual stock¬
holders, 130,506 19
Extent of road completed, 49£ miles,
34£ miles McAdamized, 15 miles
gravelled
Amount of bonds issued prior to act of •
25thJanuary, 1840, . ' 99,500
" of bonds issued since passage of act,, 33,000
t
The committee concluded a'settlement with said company on
the 6th February, 1845, the terms of which were drawn up in writ¬
ing, and signed by the parties, and which is filed in the office of
the Comptroller, accompanying the report of the committee to the
Board of Internal Improvement, in which it is stipulated that the
State advance the said company $9,000 in 5 per cent, bonds when
the authorities of the State are officially informed that the company
have conformed to, and performed the stipulations required of them,
by the terms of said settlement.
For reasons influencing committee to conclude settlement on the
basis adopted, see Report to Board of Internal Improvements; see
also decisions of Supreme Court in the ease Hopkins et. al, vs. the
Creditors of the Gallatin Turnpikq Co. Also, decision at Dec.
term, 1844, not yet reported.
Incorporated January 5, 1830,
Amended, November 28, 1831,
" 30, 1835,
January 19, 1$37, (Gen. Internal Imp. Law.)
February 19, 1836.
«
«
42
. LEBANON AND SPARTA TURNPIKE COMPANY.
Capital stock—by charter. ..
Subscribed by the State
Subscribed by individuals..
Receipts of the Company, viz:
Paid in by individual stockholders.
Paid in by State
Expenditures, viz: . .
Road building, bridges, &c
Engineering
Paid Secretary and .Treasurer
Paid president of company.. *
Paid commissioners appointed by Gov¬
ernor
Paid for books, printing, &c
Amount paid for sanding road...
Discount on bonds sold.... .*.
Excess of expenditures over receipts..
Revenues, viz:
Amount of tolls received to 14th De¬
cember, 1844 >»'
Appropriated, viz: *
Repairs of road
Attorney's fees, court costs and dam¬
ages
Salaries of gate keepers, treasurer and
superintendant
Loss on dimes
Incorporated 2d December, 1837.
168,383 31
2,982 22
1,925 68
1,331 94
Í35 25
* 54 25
150 50
250 00-
150,000
158,630
175,213 15
16,583 15
4,000
2,747
43
LEBANON AND SPARTA TURNPIKE COMPANY.
No settlement was concluded with the company, inasmuch as
there were many unsettled transactions between the company and
third persons, and with others, questions in litigation. For this and
other reasons, the committee deemed it proper to present the fore¬
going statement of the condition of their affairs, and leave the ques¬
tion of the relations of the corporators open for legislative interposi¬
tion. It will be seen from the foregoing statement, that the com¬
pany have exceeded their capital in their expenditure for construc¬
tion $25,213 15, and their receipts $16,583 15; individuals having
paid in $8,630, as per report, more than the amount paid by the
State. The company was chartered on 2d December, 1837, with
a capital of $150,000 and it is provided in the 1st section of the
charter, that the road shall not extend more than 32, nor less than
22 miles from Lebanon, and although it was clearly ascertained, on
letting the road to contractors, that the capital would not be suffi¬
cient to construct 32 mijes of good road, together with the bridges
and other incidental expenses, yet it was apparent that the invest¬
ment of the State, as well as of the individual stockholders, would
be a total loss unless the road should be extended to the top of Snow's
Hill, on the route to Sparta, (a distance of 32 miles from Lebanon,)
as the travel from the east could not approach the road by any other
route, and that being almost impassable, they were compelled to
construct a road to that point. Hence the excess of expenditure.
The company, for the purpose of consolidating their debts, ef¬
fected aloan of $5,000 with which they purchased some 10,000 or
12,000 dollars of outstanding claims against them, which should be
taken into consideration on a final adjustmentof their affairs; The
committee cannot recognize the expenditure beyond the capital
stock, or the debts reported by the company due for , money bor¬
rowed, as, by their charter, they have no power to borrow money
and bind the proceeds of the State's slock therefor: yet, if in the judg¬
ment of your honorable body, the interests of the company, and
consequently of the State, as a stockholder, have been promoted by
the extension of the road, and other acts deemed irregular by the
committee, they doubt not adequate measures will be promptly
adopted for the relief of the individual corporators.
44
FORKED DEER TURNPIKE COMPANY.
Capital stock
Subscribed by State.
" by individuals.
Receipts of the Company, viz:
Paid in by State in bonds
" in by individuals
" by individual stockholders, ad
ditional call by way of contribution
Expenditures of the Company, viz:
For construction of road, including pro-1
fit and loss on bonds (for discount on
same
Excess of receipts over expehditares.
Revenues of the Company, viz:
Amount of gross receipts to 29th
March, 1844.....
Appropriated, viz:
To undertakers for repairs
Balance in treasury
7,000
7,000 00
7,000
7,000
915 60
14,500 00
14,000
14,000
14,915 60
1,223
685 28
537 72
14,500
415 60
■ The company report an indebtedness of $371 11, which, could
not exist or be due and owing by the company, if the individual
stockholders actually paid in the excess of $13 08 per share as re¬
ported by the secretary; as it will be seen, from the foregoing state¬
ment of receipts and expenditures, that there should have been a
balance in the treasury on the completion of the road of $415 60,
which, together with the first available nett receipts, should be de¬
voted to the liquidation of the $915 60 excess paid in by individu¬
al stockholders. • <
It appears from the above statement, that there should have been
in the treasury of the company $537 72; but the secretary, in his
responses to the committee states, that "there'were other repairs
made and paid for, in the year 1843," and not included in the above
stated amount of $6S5 28, appropriated to repairs.
For details see Report to Board of Internal Improvements.
Incorporated 17th February, 1836,
Amended 27th January, 1838, chapter 224, sections 10, 11.
45
CUMBERLAND AND STONE RIVER TURNPIKE
COMPANY.
Capital stock, 216,000
Subscribed by the State, 108,000
" " individuals, 108,000 00 216,000
Receipts of the company, viz:
Paid in by the State in bonds, • 107,000
te tt u individuals, 1
Interrogatories submitted to the company by the committee, and
no response received.
Incorporated 25th January, 1838.
HIWASSEE RAILROAD COMPANY.
•Capital stock, (by orginal charter,)
Subscribed by State,
" " individuals,
Receipts of the company.
Paid in by the State in bonds,
" " individuals,
U
357,000
600,000
Chartered, 1836; see acts 1835-'6, page 23,
Amended, January 19, 1838, (sec. 23,)
" « 27, 1838, (sec. 18, 19,)
" Dec. 26, 1843.
Inasmuch as suit had been instituted against this company by the
Attorney General ofthe State, the committee did not attempt a set-r
■tlement with it; and indeed, as it would have required sixty to one
hundred days to have elicited all the facts and information necessa¬
ry to justify them in entering upon asettlement, by which the State
would have been concluded, they believed their time would be more
usefully employed in settling with companies whose stock was pro¬
ductive, as in such cases, if deficits or defalcations were ascertained,
•the State could avail itself of the provisions of the 24th section of
the act of 19th January, 1838, to enforce their payment.
46
Amount of bonds issued prior to
act of 25th January, 1840.
(5's) I (54's)
Amount of
bonds issued
since passage
of act 25th
Jan. 1840.
LaGrange and Memphis R. R.
Big Hatchee T. & Bridge Co.,.
As h port Turnpike
Fulton "
Columbia, Pulaski, Elk. & Ala.
Gallatin
Lebanon and Nashville
Clarksville and Russellville
Nashville and Charlotte
Columbia Central
Jefferson
Harpeth
Franklin and Columbia
Lebanon and Sparta
Nolensville
Nashville and Kentucky
Gallatin and Cuberland...
Chambers and Purdy - - -
Hiwassee Rail Road - -
Fayetteville and Shelby ville
Cumberland and Stone's river
Pelham and Jasper - - -
Forked Deer - - - -
Murfreesboro' and Manchester
Nashville, Mur. and Shelbyville
14,000
15,000
12,000
68,000
30,000
15,000
30,000
69,000
9,000
26,000
22,000
14,000
14,000
9,000
1,000
7,500
260,000
20,000
7,000
7,000
91,250
20,000
6,000
110,000
33,000
5,000
22,500
81,000
28,000
13,000
49,000
61,000
34,000
38,000
5,000
97,000
87,000
37,000
V
8,000
649,500 263,166| 825,750
♦See report to board of internal Improvement.,
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48
La Grange and Memphis R. R.
Big Hafchee T. & Bridge Co...
Ashport Turnpike
F ulton •'
Columbia, Pulaski, E. & Ala...
Gallatin ,....
Lebanon & Nashville
Clarksville & Russelviile
Nashville & Charlotte .i.
Columbia Central
Jefferson
Harpeth
Franklin & Columbia,
Lebanon & Sparta...
Nolensville
Nashville & Kentucky..
Gallatin & Cumberland
Chambers & Purdy ,.
Hiwassee railroad
Fayetteville & Shelbyville
Cumberland & Stone's river
Pelham & Jasper
Forked Deer.
Murfreesboro' & Manchester
Nashville, Mur. & Shelbyville..
Interest on
instalments
over due, re¬
Amount paid
Amount paid
ceived from
in by State.
in by indivi-
individual.
duals. _
stockholders.
5,685 02
216,250
166,026 21
14,000
8,810 67
35,000
35,000
• 6,000
11,050
6,500
122,000
118,026 73
2,004 14
132,500
130,506 19
607 00
75,000
- 75,000
80 90
37,500
36,085 30
30,000
29,700
150,000
150,000
37,000
39,000
»
433 75
71,000
63,137 50
' 75,000
83,630
.
48,000
48,287
47,000 "
46,951 60
6,000
6,450 00
7,500
357,000
-
107,000
44,000
7,000
68,000
'
66,666 66
15,310 81
49
DEFICIT.
Of the amount reported ($74,60-5 33) undertheline of deficit some
$20,000 00 has been .adjusted by the terms of the settlements con¬
cluded.
INDEBTEDNESS.
The indebtedness of the companies in a majority of instances re¬
sulted either from a failure of the individual stockholders to pay in
their subscriptions, or from the fact that the expenditure for con¬
struction exceeded the capital stock subscribed. _
In all such cases the committee refused to recognize their indebt¬
edness as properly chargeable to proceeds of the State's stock, (ex¬
cept in one or two instances on special grounds.)
Of the $111,352 92 indebtedness not recognized (and which was
absorbing the profits upon the State's stock,) $101,968 66 have been
paid or assumed by the individual stockholders of the respective
companies so indebted.
If a company may in their expenditure for construction, exceed
their capital stock, and bind the State's stock, or the proceeds there¬
of for indebtedness thus created, the entire stock of the State may
be rendered unproductive for an indefinite period; to concede such
power is virtually to admit that a company may, without legislative
interposition, increase its capital stock at pleasure, and that the sev¬
eral contracts or charters, together with the general internal improve¬
ment act of 19th January, 1838, limiting the subscription of the
State, are dead letters and operate no protection to the State what¬
ever, which in the judgment of the committee would not be contend¬
ed by the most liberal constructionist upon the subject of their com¬
mon láw capacities or incidental powers, (in view of which, how¬
ever, legislators cannot exercise too much vigilance in granting cor¬
porate franchises.)
Although the committee; had much difficulty upon this subject,
owing to the fact that many of the companies were largely indebted,
yet they adhered to the opinion that by the 26th section of the act
of 19th January, 1838, the nett proceeds upon the State's stock
were placed beyond the control of the companies, as by the said
, section of the said act, the profits upon the State's stock are appro¬
priated; consequently the State is riot concluded by the assent of its
directors (they being special agents merely) to any disposition or
appropriation of said profits,
INTEREST ON INSTALMENTS OVERDUE.
Fifteen thousand three hundred and ten dollars eighty-one cents
was reported by the several companies as having been paid by in¬
dividuals on instalments overdue, which amount had been by them
credited to individual stockholders in aggregate; this, however, the
committee refused to allow, regarding such payments as more pro¬
perly in consideration of damages resulting to the companies, ana not
4
50
such payments as would authorize the issuance of a corresponding
amount in bonds upon the State's subscription.
DEFALCATION.
Of the $70,107 82 defalcation reported, only a small portion has
been paid or satisfactorily adjusted. Under this head will be found
all balances of receipts acknowledged by the respective companies,
and not accounted for in their line of expenditure, or diverted to
such purposes as in the judgment of the committee were not author¬
ized by tneir charters.
DISCOUNT ON STATE BONDS..
Though a considerable item, the committee have recognized as
properly chargeable to account of profit and loss by the respective
companies, the loss sustained in negotiating bonds of the State, up¬
on the general principles of law applicable to partnerships; though
the State is discharged of her subscription by payment in bonds,
without Regard to their current value, yet, when these bonds are re¬
alized the discount is a loss of the Company.
ACTUAL COST.
From what has been said in another part of this report, your hon¬
orable body will readily perceive that the committee could not, in
every instance, avail themselves of reliable data to enable them to
ascertain the actnal oost of construction.
The interest of the State has been compromised in several in¬
stances by the manner of letting the respective roads to contractors.
Severpl of the companies having done this in such a manner as, in
the opinion of the committee, was calculated to preclude, competi¬
tion in bidding In some instance's by letting the entire route in one
contract, and in oLhers by requiring successful bidders to become
stockholders and to receive one half the consideration for construc¬
tion in stock of the company.—Consequently in all cases where
speculation was the primary, and the general utility or necessity of
an improvement scartíely a secondary consideration in organizing a
company, the contracts were confined for the most part to the origi¬
nal corporators, and their bids were made in reference to the amount
derivable from the State upon their respective contracts—the stock
in such cases being wholly unproductive.
A capital defect therefore in our system was the failure to consti¬
tute at its inception, an effectual police to protect the interests of the
State by exercising such general supervision over, the contracting
and reception of the roads and adjudication of the accounts of the
several companies, as would have ensured the bona f de payment and
actual expenditure of the attiount subscribed by individuals.
In the absence of such police, by a mere compliance with the
forms of the law, the companies have been enabled to obtain bonds
51
«pon the State's subscription; and consequently from their general
direction under existing laws, the subscription of individual capital
in those enterprises has not operated to protect the State against un¬
productive investments.
Where roads were let to or bid off by contractors at six thousand
dollars per mile for construction, the committee have simply stated
the reported cost. This being a subject matter over which the di¬
rectory have entire control, the State is consequently concluded by
their act in the premises. (See Humphreys, State vs. Jefferson
turnpike co.)
REVENUES.
Twenty-two to twenty-five thousand dollars per annum will be
realized upon road stock from and after the first of January, 1846;
and should your honorable body set apart this fund for the redemp¬
tion of the bonds of the State, as contemplated by the 26th section
of the act of the 19th January, 1838, the' small addition thereto of
$10,000 per annum will constitute a sinking fund adequate to the li¬
quidation of the entire debt created for purposes of Internal Im¬
provement.
The revenues heretofore received by the several companies that
had completed their respective roads after meeting current and in¬
cidental expenses had been appropriated to the payment of outstand¬
ing debts, to which (though unauthorized by law) the committee as¬
sented in all cases where there was a balance due them on the
State's subscription.
Legislative interposition will be 'necessary to prevent persons
from passing through the gates or going around them after having
travelled upon the roads without paying their tolls.—This may be
effected by constituting the offence a misdemeanor, indictable on
presentment; or if your honorable body should not be disposed to
adopt this suggestion, the committee respectfully propose, that in
all cases of appeals (rom judgments rendered by Justices of the
Peace for the penalties prescribed for the offence above named, that
it shall be made the duty of the attorney general of the district to
prosecute the same, and if deemed necessary, a fee might be fixed
and taxed in the bill of costs against the persons so offending.
In order to make the remedy effectual the judgment should be a
lien upon the property in possession of the offender at the time of
committing the offence, from the rendition of the same by the justice
of the peace.
The interposition of the legislature is also necessary to the pre¬
servation and protection of the roads, to prevent encroachments up¬
on their chartered limits, the obstruction of ditches, &c-, &c.
The committee would also respectfully suggest to your honorable
body the propriety of passing a general act authorizing a reduction
of the number of directors; in several companies the number is so
large that it is with difficulty a majority can be convened for the trans¬
action of their business*
52
By the act of the 30th January, 1844, sec. 1st, the companies are
required to make annual settlements with the comptroller of the trea¬
sury; showing the nett amount of profits made each year, and to
pay into the treasury such portion thereof as shall belong to the
State. The committee would respectfully recommend that this act
be so amended as to require semi-annual settlements at stated pe¬
riods, say on the 1st day of Jan. and July of each year.
Respectfully submitted,
ROBT. W. POWELL, Ch'mn. of Com.
REPORT
of the
COMMISSIONERS, APPOINTED TO SUPERINTEND THE
CONSTRUCTION OF THE STATE HOUSE.
To the Hon. Speaker of the House of Representatives:
The Commissioners appointed to superintend the construction of
the State House, submit the following report:
That shortly after theii appointment they met together and or¬
ganized themselves into a board by the appointment of the late
Gen. W. Carrole, Chairman.—The two subjects which first pre¬
sented themselves to the attention of the board, were the selection
of an architect and the procurement of a place for the building.
The Act of the General' Assembly creating the board, prescrib¬
ed the employment first of a suitable architect " who shall lay down
a plan for the Capitol"—and precluded the board from the privi¬
lege of advertising for plans and of offering a premium for the one
that might have been selected, which would have called forth not
only the best architectural talent in the country, but also a great va¬
riety of plans.
Under these circumstances, the board determined to move cau¬
tiously, at the risk of delaying the commencement of the work,
and if possible not to make a mistake in this first and most im¬
portant step to its future progress—to wit; the selection of the ar¬
chitect.
After various enquiries and much correspondence with persons
in the northern and eastern cities—we learned that the, services of
Wm- Strickland Esq. of Philadelphia could be secured as the ar¬
chitect—a gentleman who had devoted a life, now somewhat ad¬
vanced, to this profession—that he had commenced it on the Cap¬
itol at Washington under La Trobe, its architect; had superintend¬
ed many of the public buildings in this country, and had person¬
ally visited and examined the most remarkable public edifices in
Europe.
That while on all occasions he had displayed the utmost good
53
taste in the buildings erected by him, he never sacrificed solidity
for show—the useful, for the merely ornamental; and that his esti¬
mates of cost were to be implicitly relied on. The board at once
determined to employ him at a salary of $2500 per annum, and in¬
vited him to repair to Nashville. He arrived here about the 1st of
May last, and commenced the preparation of plans. The one sus¬
pended in the office of the Secretary of Slate was finally selected;
—For a full and detailed description, of which, with estimates of
cost of construction made out by the architect, we beg leave to re¬
fer you to the papers, herewith submitted, marked A, as part of this
report.
In regard to the plan, the Commissioners may be allowed to add
a word, particularly as the impression is entertained by some that
it is too large in dimensions, and beyond the present or future wants
of the State.
The building from out to out, exclusive of the porticos, is 109
by 206 feet 10 inches, and contains under its northern end a cellar
so constructed as to light and ventilation, as to afford a most safe and
suitable depository for the arms of the Slate. The cellar under the
southern end is intended for fuel.
In the northern end of the basemónt story, rooms are provided
for the Supreme Court of the State and Federal Court, and in the
southern end are the office for, the Secretary of State, and rooms
adjoining for the reception of the books, papers, maps &c., con¬
nected with that office, which already require much space and are
rapidly accumulating:—as well as offices for the Governor, Comp¬
troller, Treasurer and Superintendent of Publie Instruction.
On the main floor are the Halls for the Senate and House of
Representatives, a Library room and small rooms for the Speak¬
ers, Clerks and Committees of the two Houses and Librarian.
It is the opinion of the commissioners that all the rooms in the
house can be put to some useful and appropriate purpose, and that
if error has been committed at all in the dimensions of the house,
it is on the safe side. For its exterior, in the body of the building,
the Ionic order has been adopted—an order which is equally re¬
moved from the elaborate and too costly Corinthian on thé one
hand, and the too plain and common place Doric on the other.
There is nothing about the building to offend the taste of a plain
and republican, but enlightened people—nothing too elevated or too
grand for the State of Tennessee, whose population ere long will
reach to two millions, and whose resources, agricultural, mineral
and manufacturing, place her in the front rank among her sister
States.
Shortly after the organization of the board, its attentioh was
drawn to the importance of adding to the Capitol grounds, the two
lots on the east side of High »Street and between the Capitol and
the public square. It was ascertained that a row of houses erect¬
ed on the east side of High Street of ordinary height, would
most materially obstruct the view of the Capitol and grounds, be-
54
sides subject them to other inconveniences from too close proximity
to a crowded population.
A committee was appointed, who concluded a negotiation with
the owners for the conditional purchase of those two lots at a cost
of $8,500 with interest from date, subject to the ratification of the
General Assembly on or before the 1st of January next.
It is proper to say that the gentlemen from whom this purchase
was made, Messrs. F. B. Fogg and David Craighead of Nashville
and Jesse Blackfau of New York, acted with praiseworthy liberal¬
ity in this transaction, as it is known that by subviding these lots, a
higher price could have been obtained from individuals. The title
papers for this ground are already executed and in the hands of the
commissioners to be delivered to the State on the ratification of the
contract.
The commissioners cannot too strongly express their individual
conviction of the importance of this purchase, and would respect¬
fully suggest that the grounds be examined by the General Assem¬
bly, ora committee appointed for the purpose.
It is probably expected of the board to make some suggestions
as to the mode of progressing with the work,, and thé amount of
means necessary to carry it on.
A building of that magnitude should progress at such a rate on¬
ly as will afford the materials the necessary lime to settle and con¬
solidate, but beyond this requirement sound economy forbids us to
go, for the reason that the work already executed will be injured
more or less by exposure to the weather, besides the additional
amount of salary paid for superintendence and care of the building
if the work is necessarily prolonged. Under these circumstances
it is fortunate that the State has under its control a band of opera¬
tives, by means of whose labor for the next few years, with mod¬
erate appropriations of money, the work may he carried on with
all desirable rapidity—we mean the convicts Lu the Penitentiary.
In confirmation of our views more at large on this subject, we beg
leave to refer to the very able letter of Dr. J. S. Young, Secretary
of State, and ex-officjo Inspector of the Penitentiary, herewith sub¬
mitted, marked B, as part of this report.
While on this subject it is proper to say, that by this gentleman
and his co-Inspector, and the agent of the Prison, every facility
has been afforded the commissioners for carrying on the work and
for making the Prison an important auxiliary in its progress, while
our intercourse with these officers has been of the most harmonious
and satisfactory kind.
Of the sum of $10,000 appropriated by the last General Assem¬
bly, $8,000 have been paid over to- the .commissioners—of this lat¬
ter, the sum of $6,600- has been expended, leaving on hand in the
Bank of Tennessee m the credit of the commissioners, the sum of
$1,400. ,
The accounts and vouchers for this expenditure are ready for the
inspection of the General Assembly, or any committee that may
he appointed, as are also, the minutes of the proceedings of the
55
board, and all contracts, correspondence and all other papers relat¬
ing to the subject matter.
JNO. M. BASS, Ch'm. ~
SAM'L. D. MORGAN
MORGAN W. BROWN
J. T. ELLISTON
ALLEN A. HALL
JAMES WOODS,
Nashville, October 10th, 1845.
A
To the Commissioners for the erection of a Building for the State
Capitol at Nashville, Tennessee.
Gentlemen:—I have the honor to submit to you a design for a
Building for the State Capitol at this City, consisting of plans and
a perspective elevation, which are drawn in conformity with the
following specification:
In plan it is to have a crypt or cellar and two stories.—The base¬
ment 17 feet in height, and the principal story 3S feet, containing
a Representative chamber, Senate, Library, committee rooms and
Halls of approach. The dimensions of the Hall of Representa¬
tives are 95 feet by 70 over the Galleries—of the Senate chamber,
70 by 35 feet. The Library opposite the Senate chamber, is of the
same size and separated from it by a Hall 20 ft. in width, which in¬
tersects with a great central passage of 32 feet in width, and ex¬
tends to the chamber of Representatives. From these longitudi¬
nal and transverse Halls, you approach the Porticos on each front
and flank of the Building, as well as from the floors of the Senate
and House. *
In the central Hall there are to be two great flights of Stairways
for the public use, and four smaller stair cases on each side of the
Hall, for the use of the members of the Senate and House. These
stairs also lead from the basement story to the galleries, to the roof
and cupola of the Building, as well as to two rooms of 32 feet
square, immediately over the central Hall, and a room of 20 feet
by 70 ft. over the longitudinal Hall, between the Senate chamber
and the Library.
On two of the sides of the Hall of Representatives, there are to
be eight committee rooms, connected immediately on the same floor
with the Hall. These are 16 feet square, and support the Galler¬
ies on the right and left of the body of the House. The Senate and
Library have also appropriate retiring rooms on the sarfie floor of
the principal story.
In the basement story, the building is intersected by the same
sized Halls as above described, running through from the centre of
each front, which not only communicate with the stairways and
Porticos, but with all the rooms of the story, which may be appro-
56
priated to the uses of the Governor, Supreme Court, Secretary of
State, Treasurer, Librarian, Comptroller, Clerks, etc. Four of
these rooms are 36 by 34 feet, and eight of them 36 by 16 feet.
The whole dimensions of the building, including the Porticos, are
232 by 124 feet, surrounded with a flagged Terrace or platform 18
feet in width.
The architecture of the building consists of a Doric basement,
four Ionic Porticos, two of eight and two of six columns four feet
in diameter, surmounted by a Corinthian Tower in the centre of
the roof, the whole height of which is to be 170 feet from the sum¬
mit of the site. The Porticos are after the order of the Erectheum,
and the tower from the choragic monument of Lysicrates at Athens.
The whole structure to be composed of the best cut and chissel-
ed compact Limestone, from the neighborhood of Nashville and
Marble from East Tennessee. The various chambers, halls and
porticos to be arched throughout. The columns of the Hall of Rep¬
resentatives and Senate Chamber to be variegated marble, as well
as all the decorative parts of the interior of the building.—-The
rafters of the roof to be constructed of cast and wrought Iron and
covered with sheet copper. The window frames and sash of cast
Iron, and the floors of all the Halls, Lobbies and Porticos to be
flagged with stone or otherwise, so as to be thoroughly fire proof in
all of its various compartments.
Furnaces to be constructed in the crypt to generate and diffuse
warm air in the Halls and Chambers, as well as fire places in all
the rooms, for the purpose of burning wood or coal and ventilating
the building.
The whole estimate of the cost of the building as above describ¬
ed, and according to the prices of materials and labor in Nashville,
is calculated at $340,000 if done by contract, but which amount
may be reduced from $85,000 to $100,000 by the employment of
Prison labor, leaving from $240,000 to $260,000, as the entire cost
of the building, with the addition of 7£ per cent, for contingent ex¬
penses—Hoisting Machinery, Tools, etc.
The cellar story or crypt, which is 10 feet in height, is to be ap¬
propriated to the purposes of an armory, and as a depository for
fuel. The armory to be approached from an arched way, some dis->
tance from the northwest angle of the building.
In conclusion I beg leave to refer you to the plans and drawings
which have been made, and which accompany this specification,
for the better understanding of the design. Respectfully submit¬
ted by . 1
Your obedient servant,
WILLIAM STRICKLAND, Arch't.
Nashville, May 20th, 1845.
57
B
Nashville, September 10th, 1845.
To Doct. Johnr S. Young, Secretary of State.
Dear Sir:—Will you be kind enough to answer the two following
interrogatories at your earliest convenience.
1st. From your knowledge of the State Prison, (having, as we
know devoted.much attention to its operations for the last two years
as one of its Inspectors) do you not think that the whole labor of
it can be profitably devoted'to the work of constructing the State
Capitol?
2nd. Are you not of opinion that the plan adopted by the last
General Assembly, of applying the surplus labor only, to that ob¬
ject, as inefficient, and incapable of producing decided results?
Very respectfully,
Your obedient servants,
( JOHNM. BASS.
Signed I S. D. MORGAN.
( J OSEPH T. ELLISTON.
Committee.
Nashville, September 15th, 1S45.
To Jno. M. Bass, S. D. Morgan and J. T. Elliston, Esqrsi:
Gentlemen—I have received your note dated the 10th inst.
propounding to me the two following interrogatories:
1st. From your knowledge of the State Prison as an Inspector,
do you not think that the whole labor of the Prison could be profit¬
ably directed to the work of constructing the Capital?
2d. Are you not of the opinion that the plan adopted by the last
General Assembly, that of applying the surplus labor only, is in¬
efficient and incapable of producing decided results?
To both of your interrogatories, I answer in the affirmative; and
shall without further preliminary remarks, endeavor to elucidate
the position I have assumed, by arguments founded upon facts,
which my official connection with the Prison has placed within my
reach; and in order to be more clearly understood, I will reduce
the first subject of inquiry presented by you, to a detailed form, by
proposing the following plan of operations, viz:
That from and after the 1st day of Jan. or Feb. next, all the ex¬
isting operations in the Prison be suspended, and that from and
after that time, the whole labor of it be directed to the work of pre¬
paring materials for the Capitol; and that from and after the same
period, the victualing and clothing of convicts, together with the
salaries of the officers, be assumed and paid directly out of the
Treasury of the State, upon quarterly estimates to be furnished to
the Comptroller by the Agent, and to be accounted for by him, in
quarterly settlements with the Comptroller, which settlements shall
58
exhibit, by receipts and vouchers, the manner in which each dollar
has been disbursed.
In demonstrating what I conceive to be, the practicability of the
plan proposed, I will rest nothing on an assumed stale of facts,
which require for their support theoretical deductions, the correct¬
ness of which may be doubted or denied; but will base all my cal¬
culations upon data which cannot be controverted, and for which I
may safely claim as much accuracy, as if they were intended to be
presented under the sanctiou and responsibility of an official name
The whole number of convicts, at present in the Prison is 190.—
In my estimates I shall assume 180 as the average number. Of
this number 45, or 25 percent, may be set down as infirm, diseas¬
ed, and superannuated, and therefore unfit for active labor, which
would leave 135 as the number of picked and reliable men.
The books and vouchers of the Prison show, that nine dollars is
the amount required to clothe a convict for one year, and eighteen
dollars and twenty-five cents, the amount required to victual a con¬
vict for the same time.
The following exhibits the annual expenses of the Prison. »
Clothing 180 convicts at $9 each, $1,620
Victualling " " 18 25 cts., 3,285
Salary of Physician and medicines, 700
Fuel and lights, 1,500
Officer's and guards' salaries, 5,872
Horses and hire of ^Drayman, 500
Contingent expenses, 300
Total, $13,777
The experience of the last four years proves that the above sum
will cover the expenses of the Prison. Should the change I have
contemplated, be made, Ï feel assured that it could be reduced to
$13,000, which would make the amount to be placed by the Comp¬
troller, at the disposal of the Agent, at the commencement of each
quarter, $3,250—nearly all of which would be reimbursed to the
Treasury for the first three years, as I shall be able to show in the
sequel.
Taking former years as the guide iu making estimates the proba¬
ble value of manufactured articles and materials, which will be on
hand on the first day of October next will be $24,000, exclu¬
sive of $3,550 in tools and shop furniture. I have not the means
at hand, of ascertaining with entire accuracy, the probable amount
of money and uncollected debts on solvent pèrâons, which will be
on hand at the same period; hut it is within the range of safe calcu¬
lation to estimate them at an amount, which added to the $24,000,
in manufactured articles and baterials, would make the assets of
the Prisons $40,000, a sum nearly sufficient, as you will perceive,
to reimburse to the Treasury, the amount annually required to meet
the ordinary expenses of the Prison for the next three years, pro¬
vided there is no considerable increase in the number of convicts.
The collection of the debts, and the sale of the manufactured ar-
59
líeles &c., could be confided lo ihe clerk of ihe Prison, under the
direction and supervision of the Agent, and the funds arising from
such collections and sales, could be paid into the Treasury by said
clerk, at the end of each month or quarter; and when articles were
exchanged for provisions and clothing for the convicts, the accounts
thus created, could be adjusted by proper credits in the quarteriy
settlements between the Agent and Comptroller.
From the foregoing view of the statistics of the Prison, in adopt¬
ing the plan proposed the State would have nothing to risk, and in¬
deed, so far from the danger ofloss, it would in my view be a mea¬
sure of economy, from which compensating advantages might be
expected.
I have stated 135 as the number of picked and reliable men, tobe
employed in the work of cutting stone for the Capitol; 10 of the
number are good stone cutters, and more than 20, have had some
experience in the business. The larger proportion of the work to
be performed, is plain stone work, requiring in its execution, a small
amount of skill. I am assured by the head of the stone department
in the Prison, that fresh hands set at the business, will in the course
of six months, become average workmen, in the execution of plain
work.
There may be some difference of opinion as to the daily or an¬
nual value of the labor of the l⣠men. I will fix the annual aggre¬
gate value of their labor at $33jl)00, being a shade under 75 cents
per day each, for the 125 men who are not practised in the business
of cutting stone, and $125 each per day for the 10 good workmen.
Considering the Building Commissioners in the light of contractors
or undertakers, and having the control of the 135 operatives men¬
tioned, after paying for their labor the amount specified above, the
question arises, "how much profit would they make on the labor of
each hand?" Under the best advice, 1 set down the aggregate pro¬
fit at $10,000 per year, being 24 cents per day for the labor of each
man. Add $10,000 to $33,000, gives $43,000 as the aggregate an¬
nual amount of labor the State would derive from the Institution,
out of which would have to be paid $13,000 for expenses, which
would leave the nett profits $30,000 per annum in labor upon an
important public work. If these calculations are vague and inde¬
finite, there is certainly no rule for estimating the value oflabor.
It may be asked: , "If the Prison is capable of producing in la¬
bor upon the Capitol $30,000 annually, why have not large profits
accrued from present pursuits?" The answer is plain, and the rea¬
son most obvious. If you direct the whole of its labor to preparing
material for the Capitol, you create at once an active demand for its
labor. The State becomes the purchaser of its products at ade¬
quate prices, and it would receive each day remunerating benefits
and possess all the attributes of a successful enterprize, based upon
a safe and profitable investment of capital.
Its present system of operations comprises a variety of pursuits,
trades and occupations. Could you secure to it in the exercise of
each of them, the state of things alluded to above; that is create for
60
it an active market, which would insure daily cash sales of its pro¬
ducts, the consequence would be, that a large percent, upon its cap¬
ital would be realized, and it would become a highly fruitful source
of revenue to the Stale. But let us glance at the real state of things
as they have existed, and do exist, at present. Notwithstanding,
the Prison has been ably, honestly, and intelligently managed by
the gentlemen who have been charged with the immediate admin¬
istration of its affairs, and all its arrangements judiciously planned
and ordered, and its pursuits and avocations conducted with spirit,
energy and skill, it has made small profits. The reason of this is
found in the fact, that the demand for the articles of its manufac¬
ture, has not corresponded with its ability to produce them, which
has resulted in a heavy loss of interest upon its capital; added to
which, has been a loss of interest, produced by vending its articles
upon credit. It has no mart at which to vend its products except
within its walls; its remoteness from the banks of the Cumberland
River throws it out of the line of active commercial intercourse,
which has forced it to engage in the most of the smaller trades, and
to depend chiefly upon neighborhood patronage for support in com¬
petition with the mechanics in its vicinity, who make it the cause
of much complaint, and its officers the subjects of undeserved cen¬
sure. They view ¡t as privileged labor, commanding and exer¬
cising capital and skill against skil^alone, and therefore, an unfair
competitor. Being considered a grievance by so respectable a por¬
tion of our fellow-citizens, it comports with the spirit of wise legis¬
lation to redress it; provided that in doing feo, no principle of right Is
violated and no legal obligation contravened. *
That which has operated most against the Prison is the selection
of its present location. Had it been placed upon the banks of the
Cumberland River, contiguous to a wharf, it would have proved to
be an enterprise, possessing in comparison, fourfold energies, and
one, upon which a far different field for operation would have been
opened. With the facility to use steam power to an unlimited ex¬
tent, it could have engaged in pursuits fully capable of eliciting and
turning to account, its ample powers and resources. Its contact
with the navigation and commerce of the River, would have caused
its products to have found their way to the Southern market; it fa¬
cilities would have increased, whilst its expenses would have dimin¬
ished. Situated as it is at present, it has to derive a large portion
of its fuel and materials from the river, upon which it has to pay
transportation, and is forced to incur the additional expense of de¬
livering its manufactured articles at the city of Nashville. There is
another consideration deserving great weight, to which I would
barely advert, viz: that the Prison grounds do not afford the means
for the adoption of successful measures for preserving the health of
large bodies of men. There is not, and there can never be, a sewer
constructed, through which the accumulating offensive matter of the
Prison, can make its escape. All attempts at its construction would
create a nuisance, against which legal remedies would be success¬
fully opposed. During the súmmer months, there is an inadequate
61
supply of water for the purposes of cleanliness; moreover, the wa¬
ter to be used for drink at that season, is highly impregnated with
lime, so much so, as to be capable of disturbing the healthful oper¬
ations of the system, and producing disease. With the increase of
population, we may expect an increase of crime, and can look for¬
ward to the day, not far distant, when the number of convicts will
greatly exceed the present number. When that day arrives, I now
venture the prediction, and claim for it almost prophetic certainty,
that unless the evil is anticipated an amount of mortality will occur,
from the causes I have mentioned above, which will have to be ar¬
rested by the benevolent interposition of the legislative arm. If the
change I have proposed, be made, it will give sufficient time to wind
up the concerns of the Prison, preparatory to ulterior action in re¬
gard to it, which would best consist in limiting the number of con¬
victs in the Prison, to a small number, and sending tbeiresidue to a
Branch to be established in East Tennessee or the Western District.
If to East Tennessee, it would afford the means of developing the
wealth she possesses in her marble quarries; if to the Western Dis¬
trict, the advantages of the Southern trade would ensure success to
the measure.
Some may object to directing the whole labor of the Prison to a
single pursuit, on the ground that moral influences would be lost, in
not leaching convicts different trades. To such I would reply, that
the work of preparing materials for the Capitol, will be temporary;
those already in the Prison would not lose their trades, whilst those
who would enter the Prison during the progress of the work, could
not learn a better than that of stone cutting.
I am entirely sceptical on the subject of reforming convicts by
teaching them mechanical trades—little or no good results from it.
When the convict leaves the Prison, he lays down his ca-p, and with
it his trade. He looks back upon both as the badges of bis disgrace,
and the companions of his imprisonment; he aims to something else
which he considers better than bis trade, or returns to there-com¬
mission of crime. The trade in most instances, as I believe, serves
to better qualify therillian, without reforming the man. Those who
would attempt the moral reformation of the felon must employ other
means. They must bear in mind, that three fourths of those who
are stained with crime can neither read nor write. The mind must
be cultivated in order to produce those genial influences, which are
calculated to remove vicious inclinations and base propensities, and
give place to proper sensibilities and corrected feelings, from which
altered intentions and virtuous actions must spring.
Whilst the convict is suffering punishment for his crime, it does ,
just as well to employ him at one thing as another. That which
best subserves the interest of the State* whose laws he has violated,
is, in my estimation, the most proper.
In recurring to the plan I have proposed, there is one important
consideration, which highly commends it, that it would give to the
work of building the Capitol, a more systematic, economical and
better organized plan of operations, than could be derived from any
62
other source. The work shops of the Prison would afford ample
accommodation for the whole force, without the necessity of extend¬
ing the walls; the work would move steadily on; there would be no
clashing interests and discordant views to reconcile; the architect
would only have to hand to the agent his drafts, to be certain that
they would be faithfully executed; concert of action would be es¬
tablished between the Architect and the Agent, and they would be¬
come valuable coadjutors in promoting the work.
There is another consideration of paramount importance. . It is
this, that in carrying out the details of the plan, no change in the
present police regulations of the Prison would be necessary. The
convicts could be worked within the walls of the Prison, just as
they have been heretofore, which is the Only safe and proper me¬
thod. I am aware that the opinion is entertained by some, that it
would be safe to carry the convicts in large bodies, beyond the
limits of the Prison, lobe worked in open fields. Some knowledge
of the temper and dispositions of the convicts in the Prison, has
brought my mind to a far different conclusion. It would, in my
estimation, be attended with great difficulty, and if continued any
length of time, would most probably lead to disagreeble conse¬
quences. It would render necessary a system of discipline which
would add rigor to the punishment of the convicts, for which no
adequate reason or justifying cause could be urged; and being a
measure wholly extrajudicial in its character; it could not be ex¬
pected that the Legislature would legalize It, or that public opinion
would approve it. There is generally a very small number of con¬
victs that can be worked without the walls of the Prison, but with
the mass, in order to secure subordination, you require the potency
of the stonewall, and the bolts and bars of the cell at hand. These
are found to be sufficient within the walls of the prison. To accom¬
plish the same ends beyond their limits, the right to use chains and
firearms would have to be tolerated; two dangerous instruments,
except when confided to cautious and responsible hands; and 1
think it would comport best with sound views of humanity, and a
judicious dispensation of authority, not to adopt a system which
could be so easily abused. If the convict can be best controlled
within the walls of the Prison, it is certainly the place where his
labor can be rendered the most available.
The labor required at and around the building, must be derived
from some other source, It might be obtained in a very economi¬
cal manner, by authorizing the purchase of fifteen or twenty likely,
active, and intelligent negro men, to be quartered on the public
grounds, under the general direction of the Building Commission¬
ers, and the immediate control of some individual selected by
them. With them might be purchased horses, carts, and other
necessary appliances. During five years, they would be worth to
the State inore than fifty per cent, upon their cost, and could, at the
end of that time, be passed into the hands of kind masters, at, or
near, rates corresponding with their original cost. I believe it is
admitted that in the South it does not succeed well to mix white
63
and black labor for menial purposes, and that of the two, the black
is the best.
In closing the first subject of enquiry presented by you, I will
urge the very strongest argument in favor of the adoption of the
plan—viz; that it would prevent the necessity of large appropria¬
tions from the Treasury, to carry on the work.
In answering the second subject of enquiry contained in your
note, I will endeavor to show that the plan adopted by the last ses¬
sion of the General Assembly, that of applying the surplus labor '
only, is not only inefficient, but full of difficulty and embarrassment
to those charged with its execution. To decide what the surplus
labor of the Prison is, is a problem wholly incapable of solution,
and all attempts at its solution are calculated to produce differences
of opinion, arid discordant views unfavorable to the advancement
of the public service. If the same plan is continued by the next
session of the General Assembly, the Prison will be found to be
but a feeble auxiliary iu the work of constructing the Capitol; whilst
under the arrangement of things I have proposed, it would become
an active, energetic and efficient agent, because it would possess
the organization, power, physical force and skill, capable of pro¬
ducing results proportioned to the^magnitude of the enterprize in
which it would be embarked.
The idea of the Prison becoming a charge on the Treasury, ha3
been the subject of peculiar dread with some persons. I am at a
loss to understand the philosophy, or to perceive the force of the
reasoning, upon which this fear is founded. In my humble judg¬
ment, the Institution should never have separated from the Trea¬
sury. So far from it, its accounts from the first, should have been
settled and adjusted at the desk of the Comptroller. It should have
been considered as a means of profit or loss to the State in a reven¬
ue point of view. If it made profit, that profit would have passed
as revenue into the Treasury—if it failed to meet its current ex-
Eenses, the Treasury would of course be bound to make up the de-
cit. The further you remove the Institution from the Treasury, in
the same degree you place it beyond the reach of strict accounta¬
bility, and impose upon the officer at its head unnecessary responsi¬
bility. and subject hun to imputations for mal-managemenl, without
affording him the means of vindicating himself, except through
legislative committees which will not take the time, or have not the
inclination to examine a mass of books and papers as voluminous
as those of an extensive mercantile establishment.
If the Prison were brought strictly within the fiscal operations of
the State, and its accounts settled and adjusted at short periods,
with the proper revenue officer, the state of its finances could, at
all times, be well understood, and be by that officer communicated
to the General Assembly, in a form as tangible and correct* as the
accurate calculation of figures could make them.
If the change I have contemplated be adopted, the affairs of the
Institution would be placed precisely upon that basis, one of cer¬
tainly and unerring calculation. The Prison would cease to be
64
that sort of riddle it Í3 viewed to be by many who end all their cal¬
culations as toits resources, in speculations as to whether or not, it
may become a charge upon the Treasury. Apply, (says the high¬
est authority) the surplus labor of the Prison to the work of con¬
structing the Capitol, but be cautious that you do not thereby make
it acharge upon the Treasury. I am unable to discover any reason
or argument to support a line of policy so undefined. It certainly
cannot lead to determinate action, and its results must be uncer¬
tain. If the Prison can be made an active agent in carrying on an
important public work, why not make it so? Instead of being con¬
sidered a source of danger to the Treasury, it would become a safe¬
guard.
The work of preparing material for the Capitol would probably
occupy two or three years. As the time would draw to a close,
if it were desired, the Prison could, by an easy movement, fall
back upon its former pursuits; or what would be better, the chang¬
es I have suggested in regard to it, could be made greatly to its ad¬
vantage, and without the danger of loss.
I have witnessed with pleasure your personal efforts aided by
those of the able and intelligent Architect selected by your Board,
in carrying forward the work of building the State Capitol, and de¬
siring for you, success in the work so auspiciously commenced.
I am, very sincerely and respectfully
Your friend and servant,
JNO. S. YOUNG,
Secretary of State.
P. S. I have not alluded to the fact, that amongst the one hundred
and thirty-five men mentioned, there are a number of good black¬
smiths, who could keep in order the tools, and do a great deal of
the work in iron, which will be required on the Capitol. This
would give their labor an increased value over the estimate I have
fixed it at. I will further add, that if the change I have suggested
be made in the operations of the Prison, the materials on hand -will
consist chiefly of the timber used in manufacturing articles of wood,
and the largest amount, that used for wagons, which could be sold
ata profit, or it might be kept on hand, until the prison would re¬
sume operations, after it had performed the work for the Capitol,
as it would improve by keeping; and if during the progress of the
work on the Capitol, there should be found to be any surplus labor,
it could be employed in the manufacture of wagons, that being the
most profitable pursuit. By the forty-five infirm men, could be
performed all the menial duties of the Prison, cooking, washing,
and the duties of what are termed shop tenders; and in addition, they
could keep going the carding of wool. They would be found to be
worth what it would take to clothe and feed them.
• J.S. Y.