lion OD atiy part unaecesaary*
At the -last sesstoo of the le^ature^ impertant chaages want
ande in our militia system, but no adequate remedy is to ba Smai
IB the existing laws for the indifierence aad aefiet^ with wUdl
this branch of our state polity is regarded. Under ourguardBd
tastitiitions, no substitute can be proposed for the nniitia, amidst
the sudden demands and exigencies of war. In the absence cf m
standing army, tiie citizen must be the defisnder o[ his oooalryt
and yet we find our miHtia undisciplined, unarmed, and in maajr
instances witliout even the mere forms of oi^aniaation. Sanaa
additional stimoiant must be oilened to secm^ the eflicient di»>
oharge of their duties by the officers, or the syglcm may as waM
be abmdoned. Your attention therrfore is invited to the aubjael,
as one worthy of your delib«ations-
As a general rule, the tendency of all legislative bedissM toaSK
oess of legislation. That die world is governed too much, is a^
roo&t at applicable to our own form of government, as toothsM
less free. The spirit of our bberai system^ ^wevei; i a |siilialas
ailoaodbss restraints upon tfaefnpe action af the people, fievam-
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'imiAaM ctirb the mPmA i%fat <>flhe dfi«ni drfjr i;vlm« «le
exeixsiae of that naiaral rif^ht, wodd eoaAia with the rights t»f
otfien, or prove tnjufMUs to the oommcmtty at large. And j/^t
oor legislatuiea are cooBtti^y adopting iegistative rales to jjin^teet
the people from themselvea.
ArooBgBi Iheae nofneroos legal restraiota, none are more oae-
leas femd pertiicioua, than our usury laHrs. The pdby of kiterfet-
hig between eiticen and citiaen, as to the terms upon which one
Aalt lend «nd the other borrow, shoaM never be aeknowled^.
Leave the rate at which loans should be ma<ie between individa-
^ to the aiMpphr and demand of the market. A dtflbrent policy
drives capital abroad, or induces k to seek other channels firom w-
dkiary loans for investment, increases the di)pendilnee oh the
tenka, add above sll| in its moral tendency, engenders a disregartl
fer ike solemn iB]unction of the laws. It is true, that by the revl-
^aed code, our laws on this subject have been modified, but where
a prindple is correct, it should never be abandoned by a partial
eompromtse.
Ifi^he same spirit may be regarded our auction laws. Why
this restraint upon an ordinary and hannless pursuit of life 7 The
f^^t to make sales at public auction, should be hfi open to the
teommcmjty at large, and not be confined to the hands of a select-
^ fijw. The state of New York has abolished the system. In
adcMtioa to the monopoly created, the license you exact operates
«a an cnequal and indirect tax. You create the monopoiy, and
impoae a IkMDse, as a source of revenue to the state, at the same
time forgetting that the public are charged with this license by
eofXHniasion on sakss, at a rate enhanced by the absence of thie
eempetition in trade, which you have proMbited.
It might prove a source m emious speculation to ascertahi the
indirect taxation with which the American people are charged.
The very bread we eat, the clothes we wear, all the necessaries
ef life, every thit^ except the light tf heaven artd the air we
breathe, are subject to these impositions in the shape of licenses,
itttpectiona or duties. The only method of raising the revenues
of a repuUic should be by drawing them openly an^ directly firom
the people. Tbey then know ai^ feel what their burthens are.
It need not ever be apprehended that they wiH n6t render freely
what 18 necessary for the support of thegovernment, according
te a just nod equal system of taxation. To suppose the contrary,
is to contend that th^ people are meapaUe or self-government
With such vidws, I am against all restremts or imp^ntions upon
Aa ordinary pursuits of the citizen, and consequently in Javor of
a rt^l of our existing law relating to sales at auction. *
thf a jokit resokition of the l^dature, approved April 6, 19M,
the Governor of the state was instructed to obtain the otrinion of
aoiae emineit jurists touchii^ our legal right to the district of
8
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It fljCKTSE DOCUMfiNTS.
0»imtry wUoh baa haen in cootMUIioB wilb ObiOf aftd A» bm
made of prosecuting our claim tbereta Thequeaiiotii pceaeoled
by tbii resolutioi^ were aubmhted to distioguistied couoaiil, a copy
oi whole opinion accooipanies this oooamunication. It will be aeea
that thej are of opinion, that the slate and p^ple of Micfaigiui
are bouod by the assent to the tenna ol'. their odaaisfioo into the
UoioQ, as givefi by the cooveoUoa of Jaauary eixi 1836 ; tbat
the alteration in the northern boundary line of (M09 has bow beeo
made by the " commoo ooosent," required by the ordiiuuice of
1?87 ; and that Michigan has no remedy left heri known to thp
constitution and laws of the land, by which she can lawfully flia-
Uirb the boundary line as now settled.
Amongst the various important questions of public interest
which claim your attention^ none can be more completely ident^
fi^ with the prosperity of our country than that of the abditioQ
of slavery. In our own stat^ slavery is prohibited by its consti-
tution, nor does there perhaps exist amongst ourselves a difierefioe
of opinion as to its pernicious consequences to the rapid advaoo^
meot and permanent prosperity of a community. But whatever
may be our opinions as to the abstract question of slavery^ its
existence as a state institution, is acknowledged by the federal
coqstitution and the laws of the land. In the spirit of conciliatioii
«nd fraternal feeling which actuated our fathers in the establish*
ment of our confederacy, the rights of the southern stales in their
slaves^ were guaranteed and secured. A federal union couU
have been formed on no other basis. And yet, a portion of th^
people of the north, regardless of these considerations, and of their
obligations as parties to the federal compact, are, in a spirit of
misdirected philanthropy, engaged in cflforts* which, could they be
attccessiuly would subvert the domestic institutioaa of their eouth-
ern neighbors.
This disregard of every consideration due from one portion of
the union to anotlier, must be lamented by every friend of bis
country. It tends to disturb the relations created by the federal
compact, and is at war with its spirit and designs. But as our
free institutions are opposed to all restraii^ upon the liberty of
the press, we can only appeal to the patriotism of our citizens in
asking them to abandon the agitation of a subject* which* unless
checked, must endanger the union of the states.
It also becomes my painful dutv to caU your aUeation to the
occuripence of recent scenes of violence and disorder on our owa
frontier, which have unfortunately disturbed our friendly relations
with a neighboring province. The revolt in the British provinces
of Upper and Lower Canada naturally excited the sympathy of
enr citiaens, and aroused that spirit of freedom which has ever
'characterized the American people. It is to be regretted, how*
ayec, timt these feelii^ should have led any portion of our citi«
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HOOBB DOOUMSmWi It
Mvistom opeDcKfli«gH»«k<)fltelinmoftlmr0Mico^^
a contempt for nattofial £iith» aod into a rioMon of our nmstnA
reiatiom l«i(h a formgn powor with whoin we arc at peace.
With the declaration of opinions, or the exhibition of ajrmpjithy
on the part of our citizens for any people struggling for the rights
and privileges which we enjoy, our government has no right to
interfere, nor will it, it is believed, ever claim such ^ right. But
our citizens have not rested here; We have unhappily witnessed
on our aml« the omfaodyiiig of mk armed foroe^ and the htstil* in*
vasioD of the dominions of a power with whom the United States
are upon the most friendly relations. There is a rank due to thei
United States amongst the nations of the christian worid, which
can on^ be maintained by preserving inviolate her obligatlonil
wiih f<»^gn powers. If the go(>d sense, patriotism and returning;
reason of those of our citizens who have been temporarily misledt
will not induce them to refrain from the repetitpn of the scenes
we have passed through, the strong arm of the law must protect
from blemish the heretofore spotless reputation of our goveromont
In the execution of those laws* it is trusted and hoped, every;
Amerban citizen will always bo found rallying to th^ir support
If otherwise^ and the laws of our own adoption are trampled upoo
with impunity, there is nn end to our institutions; — we admit to
the civilized world that the American people are unfit for the
privileges of self-government, and afford to the advocates of arbi-
trary power the proudest triumph the world has ever witnessed
But f feel that our obligations to abstain from interfering with the
domestic institutions of a foreign government, will be full^ ac-
knowledged by the people of Michigan : and let me inquire of
many or those patriotic citizens, who are foremost in enforcing
these obligations, if the same are not binding in our relations wito
sister states and fellow countrymen.
I have thus, fellow citizens, presented to you such views aia
have occurred to me, as bein^ worthy of your consideration.
The present, in all probability, is the last occasion I shall have of
communicating with the representatives of the people of Michi*
ga% and I cannot refrain from an expression of gratitude to the
great body of my fellow citizens for the repeated manifestationa
of favorable regard they h^ve extended to me. Though sensible
that my exertions have not met with the success I could have
wished, yet I trust they will be considered as having been direct-
ed bv an earnest desire for the public good. And if my official
lelations to the people of Michigan, have been attended with any
injurious consequences to their interests, I am consoled by the
persuasion, that those evils will find their corrective ip the patri-
otism of the legislative branch of the government, and in the wis-
dom of those who may succeed mo. For the present, it only
remains for me to give the assurance of my zealous co-operatioQ
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M atmSB DOCUMBNTS;
ia ihc 9tmoi»fi6tt«aotii cS e¥0ff ueaaurelbtt wiHadd lolli^haf^
piamM or promote the proipenty of oar ooDstHuents.
STEVENS T- MASON.
Jmuanf 7, 16^9.
Documents accompanying the Governor's message.
• Contract tmth the Morris Cemci and Bankn^ Company.
'' Articles of agreement entered into this first day of June, in the
year of our Lord eighteen hundred and thirty-eight, between the
people of the state of Michi^n, by Stevens Thompson Mason,
Governor of the said state of Michigan, actii^ in behalf of the
people and under the authority of the state aforesaid, of the first
part, and the Morris canal and ban|[ing company^ a body politic
and corporate, for themselves and their successors, of the second
part
It is agreed between the parties, as above mentioned, as fol-
lows :
First. The parties of the first part have contracted with and
employed, and do hereby contract with and employ, the parties of
the second part ns agents to sell the bonds issued and to oe issued
hy the slate of Michigan, by virtue of the act of the legislature of
said state, entitled '*An act authorizing a loan of a sum of money
not exceed! Qg five millions of dollars,* approved the twenty-first
day of Mardi, eighteen hundred and thirty-seven, and an act
supplementary thereto, approved the fifteenth day of Novem-
ber, eighteen hundred ahd thirty-seven, also an act entitled **An
act authorizing a loan of one hundred thousand doHars for the
relief of the Allegan and Marshall railroad company," and an
act entitled **An act authorizing a loan of a sum not exceed-
ing one hundred thousand dollars, for the benefit of the Ypsilanti
and Tecunnseh railroad company," the two latter approved on the
sixth day of April, eighteen hundred and thirty-eight, bearing in-
terest at the rate of six per cent per annum, payable semi-annu-
ally, the principal and interest to be made payable in the city of
New York, and in the lawful money of the United States, and
redeemed at any time after the years ^ghteen hundred and fifty-
ghtecn hundred and sixty-three, as provided for by the
its of the legislature of the said stale, to be sold by th6
, the parties of the second part, at such times and in
Is, and either in this country or in Europe, as they
fidvisable and for the best interests of those concerned
.nd the parlies of the first part shall allow to the par-
ccond pari, for their agency and services in the pre-
in consideration thereof, a commission of two and a
n on the proceeds of sales, which is also to be in lieu
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nOVSB DOCOBOUFm* 91
<tf air ollrr MiMbM tkirt oiiy to Ji9i«i«i w ito
cdo of aaid boBcIsi tod lo be by Mtid«gOQUi dadocted nota tbf^fm*
eeedsofnid«tles»
SecmuL The pMm of the msotiA pftrt shall bave aod depi>i
sile Ih0 piooeeds of aaid aalaa, and ot any besafit to be derived
ftom the d&feoce of excbaageii m eaae die principal or aoy pari
tharoof shall be oontraeled for and reeeivied in Europe* ia the eky
af I4ew York* ready ta b» there deliveied to the parties of the
first part or to such person or persons aa may be diily authoiizad
to fccrive the- saane, and they»tbe parties of ihe second paz t, hereby
gyuaaiy the aafe tmnsBDission thereof to Ihe city of New York,
ia caae the sales ha made aad payable abewhere, and they, the
parties of the second part» farther guaranty and agree, that in
eaaa the saiss of the said bonds ahalTfoe so negotiated aa that the
^vhole procoeds or sneh sales, and of the benefit of the exohame
as abore mentioned^ if any, shaU not e^ual the par value of ihe
aggregate amount of the bonds sold, they, the parties of the second
pprtt ahali cnabe ap the deficiency, vis.t they ahaH and wifl albw
aad pay to the parties of the first part, or auch person or persona
aannay be dniy antborked to receive the aame, in addition to such
piooeeds, the difiereoee batween the aatd prooeods and the pae
value of said bonds, after dednetinff their oommtasiona as afor»»
said on the par value, ivUdi is to be allowed them ; and in case
the aama vealiasd on the sale of the aaid bonds shall amount to
par, the parties of the second part shall allow and pay such pro*
coeds m the dty of New York as aforesaid, after deductiog their
commissions as aforesaid, and the parties of the seoond part sbaU
and will advance aad pay such proeeeda in the city of New-
York as aforesaid, after dodud^ ibetr cDacimisAons as afore«
said, at the. tines hereinafter mentianed, viz : two hundred nad
fifty thouaaod dollars to be paid and advaaced in cash on the
cxeculiea of this oantiact ; one million and ifiy thousand dol«
Ian, 00 may be roq/airod by the parties of the firstpart or on
their behaK the some being sulsgoct lo their order; and the ro*
aidne of auch ijt the preoe^ as are to be paid over under this
contract, shall be paid quarterly ia sums of two hundred aad
fifty ttKMJsand doHacs each, the first payn^ent thereof to be made
an ihe first day of July, m the year cf our Lord eighteen handled
aad (hirty-ninew uia^ the whole of such proceeds sfmll have been
paid, Ivbather the said parties of the eecoad part ahall be in fonda
ftomlhe prooBods of such eales to meet the mstaknei^ or other**
wise. And in consideration of the above guaranty and stipuia^
tioDs la this dause aieotiooed, it is further agreed, that whatever
sum may be realised on the sale <^ the aforesaid bonds, over and
above the par value, such evoess, to the amount of five per cent
and under, shall be equally divided between the parties hereto.
The parties d* the second part to retain their half thereof; and all
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M UOWSR DOOOMI^VnS;
Ivjroad tie ffridflveperosnt rfitll be rtmioMi bfAefMm^
Ibe Booond part. The ponknsnt vuoh exceM aolo be retained
by them, to be in addition to their commission of two sod a half
per eeM on the par vahse of the whole five imljiens as aforesaid.
7%inL The said bonds ehall be drawn in sueb snma^ in audi
hnaSf and be deli^ened tb tbe parties of the teeond part at such
times as may be desired by them prior to the instabAents beoom*
in^ dne ; the same to be prepared, oeverthelessy coDibrmsibly with'
the laws authorising the isstiieg thereof*
' Fbmik, Onemillioo three hundred thousand ddiarsof aaki
bends are to be deKveved to the eaid parties of the aeoond part en
die execution of this oontract* and snch further delivery ef the:
bonds is from time tatime to be made to the said parties of the
second pert, as always to pot them in p osses s ion ef one imWon of
dolhtrs in bonds in mimice of the payment by tbean actually
nsade to the said parties of the first part, or tbe peraon or persona
authorized to receive the same.
Fifth The said porties of the eecond part ere to have the op«
tion of paying over in the city of New York, the balance ef m
millions of doUers, deducting thereout their oommissioas of two
and a half per cent, or aiw part of such babmoe, and receivh^ the
residue of the bonds oX five millions of dolhrs, on Airty dayr no*
tiee, to be given in writing to the Governor for the time iwiw of
the state ; and whatever may remain to be paid, if any, ahalt be
?tid over by the parties of the second part in tbe city of New
ork, as soon thereafter as the whole bonds can be cfisposed of
and realized and the account closed.
SixilL It is further agreed that all and singular, tbe bonds ef
five miHions of dollars above oaeotionsd. are to be delivered to the
parties of the second part at their banking house in Jeraey city,
in the state of New Jersey. And it is further agreed and onden*
stood, in consideration of the premises, and more particubriy of
the above guarantees entered into by the parties of the second part,
that this agency shall be irrevocable, and shall continue in AiQ
force until all the services and stipuhttions hereb mentioned shaH
be fully performed and consummated.
In witness whereof, his excellency the Governor of the said
state, in the name and on behalf of the people of the said stale ef
Michigan, has hereunto set his hand and aifixed his seal, and ibe
parties of di^ second part have caused their corporate seaf to be
hereunto afllxed and attested 'by their vice president and oaaUert
the day and year first above written.
STEVENS T. MASON, [i. a.]
The Morris canal and banking company,
by K. R. BIODLB, V. Pros't, [l. s.]
In presence of
Oh. B. Bitsch,
Walter BettSi Jr. Attest : Isaac Gibson, CashV*
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iI9ff88:JW3V)fS»ltil. m
Mdmoranhmi of an i^preemeiit made and entered into iMa
finnrdi day of Junet A. D^ 1638, by Stevens T. Mason^ Governor
of theirtateof Micbigaot with the Morm canal and banking com-
pany.
Whereas the said Morris canal and banking company have
pnand lo the credit of the raid Stevens T. Mason, the sum of oi«»
nnliion three himdred thousand dolhrs, for an amount of MieU>
gan six per cent bonds equal at par to thai sum :
New, in ooosidemtion of such payment as aferekaid, the said
Stevens T. Mason does hereby agree to receive said sum of one
oiiHioo chree hundred thousand d(^rs* in the notes of the Morris
canal and banking company, and to disburse them so far as die
exigendea of the state o« Michigan may allow, as foltows, to wit ^
two htaidred and fifty thousand dollars on or about the first day
«f August nett ; one hundred thousand doilaUB on or about the
first day of September next, and one hundred thousand dollars on
the first days of each of the ensuing months^
h witness whereof^ the said Stevens T. Mason has hereunto
set bis hand and scal» the day and year first above written.
STEVENS T. MASON, [l. s-]
Jlforrts Caned Ccmpam/s Agreement for Ninety Day Drafts.
Whereas, the Morris canal and banking company have cod-
traded with the Hon. S. T. Mason, Grovernor of the state of Mi-
dngan, to sell the bonds of said state, and have a commission
fiir said agency, as stipulated in a contract bearing date the first
day of June, 183d.
And whereas, it was agreed and understood between the par-
ties, that the Morris canal and bankinj; company should pay cer-
tain sums of money on the account ofsale of said bonds, on first
ixf of August next, also on first day of September, October, No-
vember, December, January, February, March and April follow-
ing.
And whereas, it is represented by John Norton, Jr. Esq., cash-
ier of State bank of Michigan, fiscal agent of said state, am} act-'
ing in behalf of Grovernor^ Mason, with his full power, that it wfll
better promote the interest of the state and internal improvement
fund, to transfer money to be received on account of above pay-
ments, to the treasury of said stat^ by drawing bills from I)e-
troit on New York, to be accepted by Morris canal and banking
company, than to transfer the ai|W)Mi»t froeo New York to Michi-
gai^ as was intended to be^ done (when contract was executed) in
bank bills.
It is her^ mutually agreed and uiklerstood, by and between
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91 noom DocuBiBirra
4li6 lAmto 6BQSi 0fMt NitiktAg^ oMupBtijr M^feik) Mm fwifofc*
Jfn acing in Miaif of said Croveraar Maaoo, that atid John Nor-
iOQ abail draw bUb frofn Detroit on the i/larm ^cdnal a^ kmk-
iM compaoy, |>ayafak at an average of not ie* ifaoa mnety days,
oner aforesaid instalments severally become due and payable^
And it to AirdMBf agreod by the pafti^ fo tbeaepmtmts, that
said biUa^ when drawa in ooirfomiity with forsgoing atipulatiaDSt
a&d i>y authority of Governor Maaoof AM be aooaplod aad paid
by Morris canal and banking oompaoy*
And it is forlher agreed by said Norton, that io ooosideration
of theise presents^ and espeoiaUy in coosidemtioo of said Bforrft
tanal and hmkiog company aooeplinff when praaentadi and pt^
i^g aaid biHa wfaea diia« for aaaoiiat of each instalaiont, tbqr ahadi
be oonsidared and reoeived as pqrmeat i» fuH for the aeverat i»>
ataliBOOta^ io the same mannw as tboq^h each payment waaniade
in cash, on the day they are understood to be dttel>y tiie original
understanding and agreement*
New York, 14th Ju^ I83& JOHN NORTON^ Jr.
Jn preaenea of 2 £L R. B{DDLG» Y. P.
M. GrSBBwou^. ) ofMorriicaBalaod baoisiagooAipaoy*
S. T. Mwm to E. R. Biddle, Nov. 3, 1838,
New York, Nmfember B, ISm.
Dear Sir — The approachiog s^sion of ouj: state I^islaiur^
requires that I should be prepared to present the state of the
agency of the Morris canal and banking company for the nego-
tiation of 95,000,<I00, under my contract of May last. You wilL
therefore, oblige i^ by furnishii^ a full statemei^ of the sate of
bonds up to this date* by your company ; and at the sanie tlm^
I should be pleased to receive such general su£;gestions on the
subject, to be presented to the legblature, as would be caiculaled
to promote the measure entrusted to your care.
I amt respectfully^
(Signed) S. T. MASON.
E, R. BiDDLR, £sq^ Vice President^ ^
E. JR. Biddk's Report, Nov* 10. 1886.
Omca o» la Mouu» Ca^al ASto BAimna C&^ (
November 10, IMS. j
Sir-*I have received vours of the third instant* requesting a
statement and report of the condition of the bonds negotiated by
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HOUSE DOCUMENTS. »
lUs oomptny as agents of the state of Michigan^ which will
meet due attentioD.
Before rendering if, however, I deem it proper to say, that the
recent advices from London place the condition and prospects of
American securities in such a light as to render it very desirable
to close the sale of the balance of your bonds, if to be accom*
plished within the limits fixed by our contract under date of first
of June last.
It is now in the power of this company to do so, and to pass
the whole amount to the credit of the state of Michigan, at par,
less our commission of two and a half per cent, (which the con-
tract authorizes us to do,) provided you will consent to deliver the
residue of the bonds immediately, and take the obligation of the
Bank of the United States in Pennsylvania, to pay three-fourths,
and of this company to pay the remaining one-fourth of the ag-
gregate amount, at the several periods when by the original con-
tract they shall respectively become duo.
An interest account will be kept, and the state of Michigan will
be credited with interest by both institutions at six per cent per
annum, from the date of the earliest coupon, which it is proposed
shall be of the first of January next, up to the maturity of the