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No. 24.
IN SENATE, FEB. 9,1853.
EEPLY
Of the Comptroller, la answer to a resolution of the'Senate,
adopted January 17, 1853, in relation to the expenses of
the Colonial History, &c«
To the Honorablea the Senate :
STATE OF NEW-YOBK,
Comptroller’s Office, )
Albany, February 1,1853. j
The Comptroller acknowledges the receipt of a resolution of the
Honorable the Senate, viz:
“ In Senate, January 17, 1853.
“ On motion of Mr. Pierce,”
“ Resolved, That the Comptroller be requested to report to this
body, all expenses thus far, upon or with reference to the Colo-
nial History, as well of the agent sent to Europe to obtain
papers and documents, as of the translation of papers in the
department or elsewhere, relating thereto; and the expense of
printing, and all other expenses thus far, attendant thereon.”
“By order,
“ IRA P. BARNES,
“ ClerkP
[u...]
[Senate, No. 24.]
12
[Senate
And in reply thereto submits the following
REPORT:
The whole amount paid from the treasury on account of the
Colonial History, is $17,676 90, of which sum there has been paid
to Mr. Brodhead, the agent sent to Europe by virtue of the au-
thority given in the act of 1839, $13,394 60. The appropriations
to meet this payment were made as follows :
ByLawsofl839, chapter 315,..................... $4,000 00
“	1842,	“	159,...................... 3,000	00
“	1843,	“	122,.......................5,000	00
“	1848,	«	216,.....................  1,390	98
$13,390 98
The remainder has been paid as follows:
To Dr. E. B. O’Callaghan, the sum of............. $2,225 00
Daniel S. Lathrop,	cc ................. 683 35
John Cooney,	a .................. 631 30
Thomas McLoughlin,	u .................. 592 10
M. Delehanty,	a ...........*......*	98 05
James Brice,	a ..................	52 50
$4,282 30
The payments to Dr. O’Callaghan and his clerks, above named,
were made in pursuance of appointments conferred upon them by
C. Morgan, Esq., late Secretary of State, and Gov. Hunt, as is
shown by a report made by them to the Assembly, February 13,
1851. (See Assembly document, No. 66.) From that report it
appears that the salaries of the above named persons who w-ere
connected with the publication of the Colonial History, wero
fixed by the Secretary and Governor as follows, viz:
Doct. O’Callaghan,....... •. .(per annum,)........ $1,500
D.S. Lathrop,.............. “	.. .... COO
T. McLoughlin,............. “	....... 300
John Cooney,...............(per month.)........ 303
No. 24.]
Mr. Cooney was removed by the present Secretary of State on
the 13th of November last, but was paid for the whole month
ending 1st December, upon the certificate of the Secretary of
State, and James Brice was appointed in his place, and entered
upon his duties as clerk on the 15th of November, at a salary of
$35 per month, and has received his salary at that rate from the
15th of November last upon the like certificate.
Mr. Lathrop has not been employed as clerk in connection with
this work since the 31st of December, 1S51, when he was paid
the sum of $150 from the appropriation for printing, upon a cer-
tificate of the Secretary of State, a copy of which is hereto an-
nexed, and it is referred to, that the Senate may understand for
what services the money was paid beyond the regular salary of
$800 paid -to Mr. Lathrop, and also to show that no authority
existed for the payment of these services under the law referred
to in the ■warrant, viz: chap. 498 of the Laws of 1851; that law
made an appropriation for printing, but none for copying the
Brodhead papers.
It is clue to Doctor O’Callaghan to state that he does not admit
the receipt of any thing for services rendered under the contract
made with the late Secretary of State and Governor, to translate
the Holland and French documents, which contract will be
found in my annual report at page 108, but that he claims pay-
ment under that contract for all the folios translated, over and
above the salary paid under the appointment made by the late
Secretary of State and Governor. The Comptroller has not been
able to find on the files of this office or of the Secretary of State,
any papers or record, showing what was done by the late Secre-
tary and Governor, in relation to the employment of Doctor
O’Callaghan in any other capacity than as a contractor to trans-
late the Holland and French documents at 25 cents per folio.
The only evidence of his appointment to perform any other ser-
vice connected with the Colonial History, which has come to the
knowledge of the Comptroller, is found in the report before men-
tioned, to which he begs leave to refer the Hon. the Senate for
further information upon this point.4
[Senate
If the claim of Doctor O’Callaghan is well founded (and
I do not wish to be considered as expressing any opinion upon
that point), then he is receiving a salary of $1,500 per year for
Some service or labor connected with this work, and is also enti-
tled to 25 cents per folio for translating the Holland and French
manuscripts under his contract before referred to. The Comp- *
troller presumes that satisfactory explanation can be given of this
transaction, if it be necessary to make any explanation, and it
should be desired by the Senate, which will show wThat precise
service connected with the publication of the Colonial History is
rendered by Doctor O’Callaghan, besides the translation of the
documents, and for which the salary of $1,500 per year is paid.
The salaries to Doctor O’Callaghan and the clerks in his office,
are paid upon, the certificate of the Secretary of State, that they
are entitled thereto, for services rendered in connection with the
Colonial History. .• In my annual report I stated that the sum of
$3,376.80 which had then been paid to them, was for services in
translating and preparing the documents in the office of the Sec-
retary of State relating to the Colonial History. I was not able
to distinguish, from the vouchers presented, between the charges
for translating and any other service performed in connection
with the work.
The Legislature of last year (supply bill, page 689) made a
distinction betwixt the expense of publication and of the transla-
tion of the documents, by an appropriation of $15,000 to the first
object, and of $600 to the second. The sums paid to Doct. O’Cal-
laghan and his clerks, since this appropriation of $15,000, have
been charged on the books in this office to the appropriation of
$15,000 for the publication ; that being deemed sufficiently defi-
nite to warrant payment for services rendered generally in pre-
paring and publishing the work. It does not appear to have been
well understood by the Legislature, that other services than those
rendered under the contract to translate were to be, or were actu-
ally performed, for which payments were to be made from the
treasury. The appropriation of $15,000 undoubtedly was inten-
ded to meet the printing contract, and not miscellaneous expen-
ses, but it would cover both and I have so applied it.5
No. 24.]
If any further legislation is had upon the subject of expendi-
tures for this work,, the Comptroller recommends that specific
appropriation be made : first, for the translation ; second, for the
services of Doct. O’Callaghan and his clerks (or whoever may be
employed to do the work) m preparing the volumes for publica-
tion, and third, for the printing under the contract with Weed,
Parsons & Co. If this is done, there can be no misinterpretation
of the objects for which the Legislature intend to appropriate the
money.
I deem it my duty to submit some information in regard to
this work and its publication, which I did not possess at the time
pay annual report was prepared, and which I believe will be
found important to the Legislature in determining what further
legislative action should be adopted. A letter was addressed to
Dr. O’Callaghan upon the subject, and his reply was received
thereto, which is annexed.
It will be seen from this reply, that he estimates that the ten
manuscript volumes of French and Holland documents wrill aver-
age 560 folios for each volume, making 5,600 folios of translated
matter; this, at twenty-five cents per folio, will amount to $1,400.
It will be further seen that the publication of the work com-
menced with the third volume, instead of the first, and that the
third volume and parts of the fourth and fifth have passed
through the press. The reason assigned for commencing with
the third, and not the first volume is, that the first and second
volumes are to be made up from the French and Holland manu-
scripts, and they were not translated. It is certainly unusual to
begin the publication of a large work in the middle, but the
% explanation given in regard to these documents will, perhaps, be
considered as sufficient.
I am not. advised many other way than from the reply of Doc-
tor O’Callaghan, as to the alleged expenditure for presses, type,
machinery and paper, incurred by Weed, Parsons & Co., who
have an assignment of the contract made with Mr. VanBenthuy-
senforthe printing of the volumes, and which contract and
assignment are set out at length in the appendix to my annual
repoft,: and to which I beg leave to refer.6	[Senate
I deem it my duty also in connection with the response to the
resolution of the Senate as to the actual expense thus far incurred
by the State in connection with the publication of this work, and
which properly ends with what is above stated to communicate
the following information in regard to the contract for the print-
ing of the Colonial History obtained by Mr. Van Benthuysen and
assigned to Weed, ParsQns & Co., under the award of the late
Secretary of State and Governor. Messrs. Carroll & Cook, of the
city of Troy, were bidders for the printing contract under the
notice issued for that purpose. The original paper containing
their bid cannot be found on the files of this office, or with the
Secretary of State. I have, however, been furnished by them
with a copy of their bid, which is hereto annexed. It is insisted
by Messrs. Carroll and Cook that their bid, if accepted, would
have reduced the expense of printing to the sum of $19.19 for
each signature of four pages quarto, and was therefor $11.31 for
each signature, less than the bid of Mr. V. n Benthuysen, which
was $30.50 for each signature; and upon the assumption made
in my annual report, that there w ould be ten quarto volumes of
150 signatures each, thfe bid made by them would have saved
$16,965 to the State on the contract for printing.
I am further informed, that certain legal proceedings were
instituted against the late secretary of state and governor, to
compel their acceptance of this bid, upon the ground that it wras
the krnest and most favorable to the State; but I am not in
possession of sufficient information upon the subject to inform
the Senate in relation to the details of that litigation.. The par-
ties concerned in the transaction can, doubtless, furnish full
information upon the subject, if required to do so by the Senate.
I find, upon an examination of the Assembly Journal for the year
1851 (vol. 1, page 541), that Mr. Varnum, of New-York, intro.,
duced, by unanimous consent, “an act to repeal the act entitled
“ an act to provide for the publication of certain documents re-
lating to the colonial history of this State, passed March 39,
1849,” which w as referred to the joint library committee of the
Senate and Assembly, who, through Mr. Harris of Albany, sub-
sequently reported the bill with amendments, and recommended7
No. 24.]
its passage. No further action appears to have been had upon
the bill.
These proceedings in the Legislature followed the report made
by the secretary of state and governor, on the 13th February,
1851, and are significant of the opinion entertained by a portion
of the Legislature at that time of previous legislation in regard
to the publication of the mass of documents supposed to have
some connection with the colonial history of the State. It should
be remembered that the contracts for translating and publishing
had not then been made, and, of course, the contemplated repeal
of the law of 1849 was not founded upon any facts connected
with the expenditure for these objects, which are now presented.
The comptroller is justified in stating, that the contemplated re-
peal was based upon apprehensions entertained that a very large
expenditure would be incurred without any adequate remunera-
tion in the character of the documents to be published, inasmuch
as no limitation was imposed, in any way, upon their number or
character; and the contracts subsequently made for the transla-
tion and printing show that all the Holland and French manu-
scripts are to be translated, and these, together with all the
English manuscripts, to be published, without reference to their
importance or connection with the history of the colony.
It is due to Mr. Brodhead, the agent who collected these
manuscripts and documents, to state, that he proposed to superin-
tend their publication without any charge for his services ; which
offer was declined. I am not advised of the reason for the re-
jection of this liberal offer of Mr. Brodhead, urho naturally and
properly felt great solicitude for their appearance in the contem-
plated publication, and who was eminently qualified to perform
the task.
In according this just tribute to Mr. Brodhead, Ido not intend
any reflection upon the selection of Dr. O’Callaghan, who has
discharged-the duty of superintending the publication and the
translation with entire satisfaction and ability.8
[Senate
ffl Since this report was prepared I have received from Dr.
O’Callaghan, a second letter, explanatory of his services under
the appointment of the Governor, Secretary of State and Comp-
troller, a copy of which is hereto annexed.
All which is respectfully submitted.
J. C. WEIGHT,
Comptroller...DOCUMENTS.
State of New-York,
To Daniel S. Lathrop, Dr.
Albany, December 31,1851.
To services rendered in copying Brodhead documents, during a
portion of the month of December, and for copying nights, and
other times not in office hours, during rthe months of August,
September, October, November and December, by the folio, viz:
3000 folios at 5c.,.............................. $150 00
Received payment,
DANIEL S. LATHROP.
December 31s£, 1851.
Secretary’s Office,	7
Albany, December 31,1851.)
I certify that the above account is correct.
CHRISTOPHER MORGAN,
Secretary of State.
STATE HALL,	7
Albany, January 19, 1853. j
Sir : I have the honor to acknowledge the receipt of your letter
of the 18th instant, requesting me to furnish answers to the fol-
lowing inquiries, viz:
1. How many folios of French and Holland documents have
been translated by you?
. 2. How much has been paid to you and your clerks for such
service, and when was it paid ?
3. How many quarto volumes of 600 pages will be made from
the translated volumes of the French	documents ?10
[Senate
4.	How many volumes, in your opinion, will be made of 600
pages quarto, from all the documents, French, Holland and Eng-
lish?
5.	How many sheets or signatures have already been printed?
6.	Any other information in your possession, in relation to the
progress and expense of the work, which will enable me to answer
the resolution of the Hon. the Senate?
Hon. J. C. Wright, Comptroller.
In reply, I beg to answer :
To the first. Nearly ten manuscript volumes have been trans-
lated. 1 am unable, at this moment, to state precisely the whole
number of folios ; but some proximate idea may be formed of the
amount by stating that seven volumes (all that have been counted),
contain 3938 folios, or an average of 560 folio per volume.
To the second. Nothing has been paid to me, or my clerks for
such service. Six hundred dollars have been appropriated by
the Legislature to defray the expense thus far incurred, but this
money remains undrawn.
To the third. I regret I am unable to answer this question
more satisfactorily than by saying, that the intention has been to
divide the French and Holland documents into four printed vol-
umes, irrespective of pages.
To the fourth. It was estimated, as appears by the communi-
cation made to the Hon. the Assembly, by the Governor and
Secretary of State on the 29th January, 1851, that the French,
Holland and English documents would form ten quarto volumes;
but such estimate had no reference to the number of pages. It
was based entirely on the arrangement or classification of the
papers, being two printed volumes of Dutch translations; six of
English documents, and two of translations from the French;
making in all, ten volumes.
To the fifth. The printers inform me that they have struck off
254 signatures, which comprise the whole of volume III. and parte
of volumes IV. and V. of the printed work. The two last men-
tioned volumes are now passing through the press.No. 24.]
11
7o the sixth. They inform me also, that they have already ex-
pended the sum of seven thousand five hundred dollars ($7,500)
for presses, type and machinery for printing and binding the
documents relating to the Colonial History; that they have paper
to the amount of five thousand five hundred dollars ($5,500) on
hand, which was purchased to complete the 4th and 5ih volumes,
and that they have entered into a contract for paper to complete
the work.
It may not be out of place to add here, that the printing was
commenced with the 3d volume, because the papers required to
form the 1st and 2d vols. were not translated. The 3d, 4th and
5th vols. belong to the English series.
I have the honor to be, sir,
Your most obedient serv’t,
E. B. O’CALLAGHAN.
PROPOSALS FOR PRINTING THE COLONIAL HISTORY.
The undersigned hereby propose to do the printing of the vol-
umes of the Colonial History, in quarto form, agreeable to chap-
ter 175, Laws of 1849, at the following rates:
For plain composition, 12 cents per 1,000 ems.
For the paper for 5,000 copies of a signature of four quarto
pages, fourteen dollars, and in the same proportion for a less
number.
For the press work, folding, &c., for 5,000 copies, three dollars
and seventy-five cents for each signature of four quarto pages,
and in the same proportion for any less number.
For the composition of rule and figure work, if any, thirty-
eight cents per 1,000 ems.
For the press work of tables, if any, three (dollars and fifty
cents for 5,000 copies of tables, in sheets, and in the same propor-
tion for any less number.
The price of paper for tables, if any, at same rate as above
stated for quarto pages. The work to be done at Albany, if
required.
CARROLL & COOK.12
[Senate
STATE HALL,
Albany, February 1st, 1853
J	u	1----f j
Hon. John C. Wright,
Comptroller of the sUte of New-York.
Sir,—Having confined myself in my letter of the 19th ultimo,
to strictly answering your enquiries, it has seemed to me, since,
that it would, perhaps, be more satisfactory to you were I to enter
into more full explanations respecting the details of the office
which I have the honor of superintending. I request your per-
mission, therefore, to add to my former letter the following state-
ment :
The Honorable the Assembly having by a resolution of 1848
authorized the secretary of state to submit copies of such histori-
cal documents in his office as might be of public interest, I was
authorized to prepare such papers, which’were afterwards printed
under the title of The Documentary History of the State of New-
Under like authority four volumes have been prepared and
published. In 1849 the Legislature passed a law authorizing the
printing of the mauuscripts collected in Europe by J. Romeyn
Brodhead, Esq., to the extent of 5;000 copies, which, after
deducting 1,000 copies for literary exchanges, &c., are to
be sold, at not less than- twenty-five per cent over their actual
cost, and the proceeds of such sale paid into the state treasury.
In virtue of § 2 of said law, I received in the spring of 1849,
from the governor, comptroller, and secretary of state, the ap-
pointment I hold at present, at a salary of fifteen hundred dollars
a year.
A copy of this appointment was deposited at the time in the
comptroller’s office.
Previous to this I was allowed $800 (eight hundred dollars)
for preparibg' and su-pf^Hntend-ifig'* the- publication of the first
volume of The Documentary History. This allowance ceased*
however, on the, appointment under thp acp of 1849.
Immediately after fhis,°ihe hOhorable th'eseeretary, taking into
consideration thp condition of the original files, records and pa-
York.13
No 24.]
pers left by the colonial government of New-York, which lay in
the third story of the state hall, subject to destruction and loss,
and which had already suffered considerably from wear, damp,
&c., gave orders to have them arranged and bound. This order
was afterwards extended so as to embrace the files of land pa-
pers in the office of the secretary of state. This labor occupied
t\vo years and a half, in which time we arranged and had bound
103 large folio volumes of colonial manuscripts, including 20
volumes of Dutch papers. This collection extends from the
year 1638 to 1801.	65 volumes of land papers, extending from
the year 1630 to 1803.	40 vols of marriage bonds (1735 to
1783); 22 volumes of Sir. Wm. Johnson’s MSS. presented to the
state library by Gen. John T. Cooper,and extending Irom 1738 to
1774.	1 volume of indentures of Palatine children, 1710-11;
2 volumes of papers relating to trade with the Indians (1765 to
1771), making in all 233 volumes.
At the same time a “ catalogue of the maps and surveys in the
offices of the secretary of state, of the state engineer and sur.
veyor, and of such maps in the state library as relate to the state
of New-York,” vras prepared in this office, and printed by order
of the Assembly, under my superintendence.
It forms an 8vo volume of 288 pages: I have the honor* to^ sub-
mit a copy herewith: New, the whole of this labor, arranging
those 233 volumes of MSS., preparing the above catalogue and
superintending the preparation and publication of three volumes
of Documentary History, and whatever has been done regarding
the publication of Documents collected in Europe by Mr. Brod-
head, has been performed, as far as I am concerned, for the salary
allowed me for merely superintending the last mentioned work.
You will admit, I am sure, after this explanatian, that the
bread I have eaten has not been the bread of idleness.
But this is not all; the Hon. the Assembly by a resolution dated
14 th of April, 1851, directed the Secretary of State to have indexes
of the council minutes and other manuscripts, records of his office
prepared. The execution of this work having devolved on this
office, I beg to report that thirty-eight volumes have been already
very fully indexed. They consist of *14
[Senate
15	volumes of Land Papers,
16	books of Commissions,
■ 7 volumes of Council Minutes,
The remainder of this work is advancing as last as circum-
stances permit.
Before entering on this new and additional duty, I represented
to the proper authorities that the preparation of these indices, a
work of great and arduous labor, would, with my other duties
absorb the whole of my official time, and throw the work of
translating the Dutch and French papers out of office hours.
Satisfied of the truth of this representation, and of the justice of
remunerating me for any extra labor I may have to perform in
tills way,-the Stateofficers entered into the contract for the trans-
lations which you appended to your annual report. It is, per-
haps, proper to say that this work thus contracted for, is perform-
ed after the office closes.
From this plain narrative, I hope, sir, you will be able to form
an opinion of the amount of work done by me and the gentlemen
under me, since we have had the honor of serving the State.
In conclusion, I would add that no clerk in this office has been
employed since January, 1852, on the colonial documents, the
printing of which has been authorized by the law of 1849. They
have been, and still are engaged on the indices above mentioned.
I have the honor to remain, sir,
Your very obedient servant,
E. B. O’CALLAGHAN.