Richard Yates to William A. Hacker

Executive Department.

Springfield Ills.

Feby 3. 1862

Hon. Wm A. Hacker

President of the Constitutional Convintion.

In answer to your Resolution of the 23rd January ult, requesting the Governor to communicate to your Honorable body "any information in his possession, respecting the disposition of a certain suit at law pending in 1859, wherein W.H. Swift of Boston was plaintiff, and David Leavitt defendant, in relation to the Canal loan of $1.600.000, and the commission of $40.000 allowed said Leavitt thereon"; I have the honor to state, that all the information, I have as to the disposition of said suit, is in a pamphlet denominated "Circular No 14, being for the year ending November 30th 1861" &c, and "published by order of the Board of Trustees of the Illinois and Michigan Canal for the information of the Subscribers to the loan of $1.600.000 and the holders of Canal Bonds, registered under the law of February 1843."

(Copy)

The portion of said Circular, which refers especially to the disposition of said suit, will be found on page 12, and is as follows,

"The Claim of David Leavitt of $40.000: the history of which is set forth in the Fourteenth Annual Report of the Board of Trustees for the year ending Nov. 30. 1858, is still pending. By agreement of parties and under an order of the Supreme Court of Massachusetts, where the suit was entered, the case is to be placed in the hands of two arbitrators for settlement, with power to call in an umpire in case of disagreement in opinion.

It is understood that the arguments are now so nearly completed, that the case may be expected to be submitted to the Arbitrators within the next ninety days"

I herewith transmit to you a copy of said Circular No 14, above referred to.

I have the honor to be

Very Respectfully

Richd. Yates

Governor

The Governor

Communication to Court Circr.

W A Hacker