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Michigan. Legislature. House of Representatives.

Documents accompanying the Journal of the House of Representatives of the State of Michigan, at the annual session of ..

. (page 30 of 78)




917,876 38

Detroitf January^ 1839.

To the Hmyordble A. Mack,

Chairman of the Committee of Ways and Means

of the liouse of Representatives :

For the information of your committee, I would respectfully
state, that on every Saturday night the fi>remnn of my printing
office makes out an account of the number of eu)8 set up» and to-
kens worked off, during the week, by the hands employed on the
state work ; and that the same is thereupon credited upon the
books of the office to the hands, and charged to the state.

I would further state, that the number ol ems and tokens, or in
other words, the amount of composition and press work, charged
in the anoexed bill before your committee, is the same that stands
credited on the books of the office, and has been paid for, to the
hands who perfornied the work.

I would further state, that the chartres per em and per token,
or for composition and press work, in the annexed bill, are made
at the current prices charged to individuals for the same or similar
work, which prices were established by the printers and publish*
ers of this city, as will be seen by the schedule attached, in eight-
ten hundred and thirty-six, when rents and the wages of lai>or
were fifteen per cent less than they now are.

1 would further state, that the number of reams of paper charg-
ed to the state in the annexed bill, has been used in the work
therein mentioned, and that the price charged for the same is at
least seven per cent less than the same quality of paper is sold for
in the same quantity in this city.

I would further state, that the charges for binding are made at
the current prices, invariably charged to individuals for the same
or similar work.

All which I am ready to verify under oath, if required by the
committee.

JOHN S. BAGG.
StaU PrmUr.



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WHJSm iJOCUIiUBNT* <W

llie follorwing is an extract from a printed scfa^dnle of prices of
t>finting in this city.

**lMt rf Prices for Printinff Book^, Pct^nphUts, 4^,, established
by the Spverd offices in the city of Detroit, July 1, 1836.

Composition, per 1000 ems, "^O cts.

For rule and figure work doable price will be charg-
ed for the composition.

Press work, per token, (ten and a half ({aires or less
on each form, worked on both sides,) 81 50 ct9»

John S. Baoo, Publisher of the Daily Fr^ Press.
Geo. L. Whitnbt, Publisher of the Daily AdvfurtWi^*
Tm. Ikt Li4DD dt Co^ Franklin Job Office.
HABa^â–² & Lurmi^ Job Printers/



4d



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i» HOUSB DOCUMENTS.



(Nolo.)

Memorial and resolutions relative to the military roadcr
commenced by the general government, in the state
of Michigan.

The commiltee to whom was referred the subject of memorial-
istng congress, relative to the United States military roads, com-
menced in this state, respectfully submit the following memorial
and resolutions.

JOHN S. LIVERMORE,
Ctuxirtnan of ComrniUee.



To the Hon. the Senate and Hoiue of RepresentaHves of the Vm-
ted Slates m Congress assembled :

The legislature of the state of Michigan, convened at the city
of Detroit, at their regular session for the year 1839, would res-
pectfully call the attention of congress to the subject of progress-
ingwitn the several military roads commenced in said state.

The importance of those works for the public defence and se-
curity* in case of war or invasion by a foreign power, has often
been'suggested to your honorable bodies, and has. heretofore, re-
ceived your favorable consideration. The grenX end and aim,
however, of their construction cannot be realized, while su&red
to remain as at present, only partially completed.

The history of the country demonstrates the importance of
Mackinaw as a military station, and its distance and almost en-
tire exclusion from all other inhabited parts of tlie union, at tiroea
when navigation has closed, the great difficulty, delays, and ex-
pense in transporting the mail, and the impracticability, if emer-
gency should require it, of transporting troops and munitions of
war to that point, at an early day called the attention of the se-
cretary of war and of congress, to the subject of a military road
from Detroit to the straits of Mackinaw, which was subsequently
located ; and although several appropriations have been made up-
on it, only about seventy miles of it is completed. The same
reasoning will in a measure apply to the military roads leading
from Detroit to Chicago, from Detroit to Grand river, and from
Wbiteford in Ohio, to Indiana. And likewise the military read
from Detroit to Fort Gratiot, which has been constructed, but is,
for want of repair, almost impassable.

They are, all of them, deemed works of public utility and im*



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HOUSB DOCUMBNIB.

portaooe. The location by govenunent of these rotds has essen-
tially Mibanced the value of the public domain^ on their several
routes, by the induoetnent it has held out to our citizens, to pur-
chase and settle along their line in advance, to considerable ex-
tent, of the present improvements, on lands which otherwise would
have been unsaleable, and who are now suffering many priva*
tions for want of eligible roads.

Your niemorialiM^ thet«foire, die Senate aid House of Repre-
sentatives of the state of Michigan, would reapectAilly eoHcitcon-
ris for suitable appropriations of money or lands, or both» for
continuation o( said roads*

Rescloed, (if the Senate concur,) That our Senators be instruct-
ed, and our Kepresentative requested, to urge upon Congress the
importance of the above appropriations.

Resolved^ That a copy of ^the above memorial and resolutiob
be transmitted b^ the Secretary of State to each of our Senators
and Representative.



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940 HOUSB DOCUMBNTa



(No. 20.)

Report of the select committee to whom was referred
sundry petitions and affidafits from citi^iensof Ber-
ridn county, in behalf of certain settlers on Univer-
sity and St»t« lands.

The select committee to whom was referred the petitions and
liffidavits of sundry citizese of Berrien county, id behalf oF
certain settlers on university and state lands, beg leave to report:

That they have given the subject referred to them their atten-
j(ive consideration, and have come to the conclusion that the
m-ayer x>f the petitioners is reasonable, and ouffht to be granted.
The petitioners ask for a release, on the part of the stale, to the
United States, of sundry tracts of land on the Niles reserve, which
)iad been located by the state, upon the improvements of actual
settlers, for the bienefit of the university, and for state pur-
poses.

Jt appears from affidavits, and other satisfactory evidence be-
fore your con^mittee, that in 1826 a grant of seventy-two sections
was made to jy(ichiji;an, for seminary purposes. That in October,
18316, fourteen sections were located, for university purposes, upon
such lands as bad been previously settled, occupied, and improv-
ed, by about fifty families, most of whom had resided thereon
from two to three years when said locations were made, and sonne
for a much longer time, and whose property consisted chiefly in
the jrpprovemepts they had made. It appears that the choicest
^nd best of said lands were sold by the Superintendent last No-
vember, at the minimum price, at the request of the occupants,
and that a considerable portion of the remainder is not worth to
^xceed three dollars per acre.

Your committee are satisfied that great injustice was done to
the state apd university, as well as to the settlers, by making said
locations, and that the quicker the error is retracted, and its evils
corrected, the better for all concerned. A bill is now before Con-
gress, which we think will become a law, authorizing this state
to make other locations in lieu of those which had been made
upon actual settlers, and your committee are credibly informed
that there are unoccupied lands of the United States yet to be
found in this state, that i^ill become much more valuable than
those which the state has endeavored to wrest from actual set-
tlers.

Your committee cannot better express their views upon the
Ifnportant subject submitted to them, th^n by a^jopting the (ol-r



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HDUSB D0CUMSNT8. Ml

lowing extract from the report of the committee to whom
the tame matter was referred at the last sessioD of the legis-
latare:

" Your committee consider that these settlers, as some of them
went on prior to the passage of the pre-emption law in June,
1834, and the rest soon after» under the spirit of the pre-emption
system, have equitable rights, which ought not to be disregarded.
These rights of the settlers commenced at the time when they
commenced their imfrovements ; and tb# rights of the state* only
when the locations were confirmed last summer. The settlers
had previously a vestedt equitable right lo their improvements and
the proceeds of their labor ; while the state had only a naked
right to locate.

' ** While the state saw the settlers go on to these lands and im-
prove themy in the expectation of obtaining them at the minimum
price of one dollar and twenty-five cents per acre» the claim-
ants coiild not foresee that the state would defer making some
of its locations, and afterwards select their improvements, thus
appropriating that value which the means and labor of the set-
tlers had given them, to the uses of the state. The committee
are of opinion, from the testimony submitted to them, as to the
time that these settlers went on to these lands, as to the good
faith of the cL'iiroants, and their exemption from the charge of
speculation, that they have an equitable claim to payment for
their improvements, and are strongly entitled to the humane and
considerate regard of the legislature, and from the proof as to
their value, have come to the conclusion that it would be for the
interest of the state to release them all, provided it can have the
privilege of relocating the sanne number of sections elsewhere ;
because, supposing them to be of the value of the ordinary farm*
iDg land in this state, after paying the claimants the just value of
thSir improvements out of the proceeds of the sale thereof, little
would be left to the seminary fund.'*

Your committee would respectfully add, that it is their so«
lemn conviction that the state cannot retain the lands in question
upon the rule of strict justice^ sound policy, or common honesty ;
and that it is the duty of this legislature to do all in its power to ef-
fect a relinquishment to the United States of those lands, in ex-
change for other unoccupied lands in lieu thereof, and therefore
recommend the passage of the accompanying preamble and bill,
with a joint resolution on that subject

THOMAS FITZGERAIJ).



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MS HOUSE DOCUMENTS.



(No. 21.)

Report of the State Geologist, in relation to the iron
ore, &c., on the school section in town five south,
range seven west, in Branch county.

7b the Honorable the House of RepresefUatwes of Michigan :

Iq compliance with a resolution from your honorable body, ** di-
recting the State Geologist to furnish such information as he may
possess in relation to the iron ore and clay on the school section
in township five south, range seven west» in the county of
Branch,"

I would respectfully lay the following facts before you, simplv
premising that all tlie examinations which were made in Brandi
County, are of a general or exploratory character, preparatory to
the more midute examinations, which are intended to follow.

The school section to which my attention is called, by your re-
solution, is characterised by the appearance of the clay iron stone
formation ; a formation which has not, as yet, been seen to occur
in any other place in our state.

The clay iron stone, or kidney ore, appears in the usual form,
being composed of thin concentric layers of the carbonate and
hydrate of iron, deposited upon nodular masses, mostly composed
of Iime«

These masses of iron ore are imbedded, (in somewhat regular
strata,) in a tough semi-indurated and stratified clay, which at
first might easily be mistaken for rock. Neither the clay or iron
has, as yet, been submitted to a minute chemical examination, nor
in fact, is it considered, in this instance, of sufficient importance,
to prevent our arriving at conclusions sufficiently accurate forge-
neral purposes.

It is well known that the presence of lime renders clay unfit for
the manufacture of stoneware, fire bricks, &c., for the reason that
the clay, by this admixture, is rendered fusible at a low tempera-
ture. The clay in question, is nearly, and in some instances, quite
destitute of lime, and only differs from that which is denominated
pipe clay, in its color and geological position. It is admirably
adapted to the manufacture of stone ware, fire bricks, &c., and no
further exploration is required, to render it certain that this arti-
cle exists, in sufficient quantity, to furnish all that will ever be re-
quired for those purposes.

The iron ore is ot the same kind as that which is almost excIl^
sively used in some of the great furnaces of Ohio ; and most of
the English iron imported into this country, b manulfactured fi'om






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HOVSB DOCUMBNTS. 348

a minihur ore. The kidney ore, from the readiness and cheapness
with which it may be reduced, may be said to be one of the most
Taluable ores which is ever found in a secondary country ; and
occurring under the circumstances it does in Ohio, it constitutes
one of her great sources of wealth ; in the large way it has been
found to furnish, upon reduction, from thirty to thirty-seven per
cent of cast iron.

The ore occurring in Branch county may safely be said to be
fully equal in purity to that of Ohio.

As before stated, the examina^ons which I have made, of the
extent of this ore, are only of a general character, in consequence
of which it is whollv impossible for me to define either its bounda-
ries, the extent of the formation, or the amount of ore a complete
exploration would bring to light In regard to its extent, suffi-
cient is already known, to satisfy me that it is sufSciently exten-
sive to be made available for practical purposes, (provided the
expense of raising it shall not be too great,) lor I have already
traced it over an area of from eight hundred to one thousand
acres. In order to determine the expense of raising the ore, it
win be imperatively necessary that, sufficient excavation be made
to determine the amount of ore which can be obtained from a giv«
en area ; a character of examination which would involve an ex-
penditure that I do not conceive myself authorized to make, nor
wouM it be for the interest of the state to direct it to be made in
this manner.

. The Superintendent of Public Instructfon, verv properly, after
tbe examination had been made, withheld the school section from
sale, and weiPe he the individual owner, I have no doubt he would
refoae to sell the tract until fbrther examinations should be made ;
and since the school interest in this instance must be looked upon
io the same light as that of an individual, I can conceive ot no
reasoo why he should not be authorized to expend from the school
iiuid an amount sufficient to enable him to arrive at some satis-
factory estimate of the value of the land in question.

DOUGLASS HOUGHTON.

OmcB OF State Geologist, i
January 28, 1888. )



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344 UOVm DOCUMENTS*



(No. 22.)

Report of the examination and investigation of the

aflfairs and condition of the Bank of jfpsilanti.
To the Honorable the Senat0i and House of HepreeenkUioes :

I have the honor to enclose a report of (he examination of the
affiiirs and condition of the Bank of Ypsilanti, together with cer-
tain docaments thereunto annexed.

Very respectfolly, &c.,

A. FBLCH,
AntA ConrnAmcmtT*



REPORT, &c
To the HonoratHe the Legislature of the State of Mkhxgnn :

The interest felt by community at this time in relation to Urn
affairs of the Bank of Ypsilanti, and its sudden suspension of host*
ness, induces me to embrace the earliest opportunity on my rah
turn from official duty in the country, to present to your bcmt^
hie body such facts in the premises as I have been able to coUootr

The bank was organized under a charter granted by the hguh
lature, and commenced business on the 13th day of October, A«
D. 1636. From the time of its organization until the 27th day of
September last, the controlling interest in this institution wa«
held bv Timothy Tredwell, who was the president of the baak^
and Horatio Stevens and others, of Buffalo, in the state of New
YorL At the examinations which had previously taken placer
it was uniiormly stated to the examining officer that the oapitat
stock had been paid in according to law. There was, however#
in the bank a considerable amount of paper signed by the priooi*
pal stockholders, with (endorsers, duly entered on the books as
discounted bills.

On or about the 27th day of September last, a sale was made
of the majority of the stock, by Mr. Tredwell and others, to Theo*
dore Romeyn, and the transfers duly entered on the books of the
bank. On that day a change was made in the officers of the in-
stitution, and Theodore Romeyn, George H. Tracy, James Wood-
ruff and Henry Howard were elected directors to fill vacancies
occasioned by the assignment of their stock by the former direc-
tors. And at the same meeting, A. H. Ballard was elected pre-
sident pro tem., and George H. Tracy was appointed cashier.
On the 20th of November, Marvin Minor and George Thrw
were chosen directory and T. Romeyi> was elected president*



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HOUSB DOCUMBNTa U9

hy the omiinct of sale above meotiooed, stock upon which
there had'beeo paid between ninety and one hundred thousand
pilars, was transferred to T» Romeyn and bis associates. A
bonus was paid upon the stock ; and for the amount paid in upon
the same* Mr. Romeyn was to take up and dischar^ the same
amount of discounted paper in the bank, upon which the indi*
yiduals selling the stock were responsible. In accordance with
this agreement, a chanse was immediately made in discounted

Hfier to said aaiount-^*-the promissory notes of these former stock*
ders being withdrawn, and the amount supplied with other eo^
liorsed paper. The cashier of the- bank at that time, Qeorge H«
Tracy, stated undar oath that the latter paper was perfectly good^
The r^ular entries of the transaction were made on the books
of the bank.

Ii is perhaps proper here to remark,that some time in the fall Mr.
Romeyn called on nie, and said that be was about to negotiate for
the msyority of the stock of the bank, and that if he made the pur*
chase, it would be with a view to connect the institution with the
Bank of Central New York, then about to be established at Utica«
so far as to put these bills in circulation there* and to have them re^
deegied at the latter institution. To me, upon reflection, the plan
seemed objectiooable»and these objections were made known to Mn
Treadwell, and abo afterwards to Mr. Romeyn. There was no*
ttmg« however, in the plan then proposed which woukl have involv-'
ed a violation o(f law; the objections were rather on the scoreof pt»b-*
lie policy. I however soon after received a letter from Mr. Ro*
neyn, announcic^ that he had made the contemplated purchase^
and shoftild thereafter be held responsible for the management of
the institution. Upon further conversation, and more fully ox*
pressing my. views upon the manner in which alone* the businest
oi'the bank couM be done, in order to give the contemplated eir«
eolatioQ in a foreign state, Mr. Romeyn declared that he thought
it no object to consummate the arrangement, and had already con-
dnded to relinquish the idea, ond ^1 or retransrer the stock*
This was iomiediately previous to the sale from him, hereinafter
BieDtioned.

During the time which Mr. Romeyn had control of the in^itu*
tion, he received bills of the bank to the amount of 925^000, for
which his receipt was given. This receipt was dated Movember
31st, 1888. The bills thus received, as appeared by the oath of
the cashier, were taken by Mr. Romeyn to the Bank of Central
New York, to be exchanged for other funds, or to be deposited
in that institution to the credit of the Bank of Ypsilanti ; or, if m
satisfactory arrangement should not be nnade, they were to be re-
turned by him to the bank, h appeared, moreover^ thatsonttS
tifloe duriii^ the months of October and November last, bills of
the bank, to the amount of $20,000, had been put into the hands
of Messrs* Strahan & Scott, in Chicago, to exchange in that re^
43

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SM HOUSE DOCUMENT&

gioD^ and $2,000 in other fufidB, with which to redeem their Ullf.
An arrangement previously nnade by Mf. Tread we« with another
individual in that vicinity, had given an extensive circuiatioii in
lillinois, and afibrded eastern funds in exchange.

Previous to this transfer, ttu) banii had drawn and had then out**
standing and not arrived at n>aturity, tioie drafts, issued in the re*
4enf>ptioD of its bilts and other purposes, to the amoam ftf about
$40,000. Mr. Treadwell assumed the payment of theee drafts^
and received for the same an aasignnient trf certain amoonts due
from the City Bank of BuifaK Canal Bank of Albany, City Bank
of New York, and from P» P. Kissam, D. Ballentme, Geoi^
Carver, and Tracy & Milier. The amount of these amignmenta
exceeded the amount of drafts assumed by Mr. Treadwell, and
left a balance to be paid to the bank by him of $5,394 5S.

It appeared that a negotiation for the purchase of the stock
owned by said Romeyt), was entered into by Phllo 8. RawaoiH
on die 23d day of November last, and finally consomjtoated and
the stock transferred on the 28th of December last. Said R«w-»
son represented himself as the agent for Ai by K. Majmard, John
Colter, Abraham Van Camp, Charles Barnard, A. P. Carr, S. S*
Phel|», and R. F. Field, of the state of New York, and H. GWl
ef Ohio, and the stock was apportioned among and transferred U>
those individuals, who still hold ihe same. In the affidavit c^
Theodore R«»tneyn, annexed, marked No. 1, and also m the aw-
nexed alBdavit of Phik> S. Rawson. marked No. 2, will be fonnd
a more explicit statement of this negotiation. It appeared iImI
said Rawson had correspondence with, and aothority to act for
the three first individuals above named, but had no eommoniealioaf
with, and no authority to act for, the others. Their natnes were
famished to him by said Maynard and Colter.' From inquiry, H
IB ascertained that the above named Maynard, who (s the prind*
pal stockholder, and president of the bank, is a me^ of tittle or do
reputation, and entirety without means to invest hr bank atocki.
Uttle satisfactory information as to the other individnal stookhoM*
ers above mentioned could be obtained* and the want c^ know-
ledge on this subject evinced by Mr, Rawson, the agent, was such
as to destroy confidence both in the men and in their means to
sustahi a banking institution. It was also stated by saM RatupSOiH
that funds for the redemption of the paper of the bank had beeti
promised by them, but had not been furnished.

]n the arrangement made ibr the purchase of saM stork, siikI
Romeyn was to receive a bonus of 1110,000. This sum Was pa)4
to Mr. Romeyn by Lewis Godard, who received iherefer from
said Rawson a promissory note for that amount, ftiroish^ by saM
Maynard and Coher. In this, as in the former sale of The sfeek.
the purchasers assumed the payment of certain no<^ wbieii liad



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%i9m fvToitbdd by llie Jbrmer MooJibolders u> tbo buok;* by «abffli>'
tutioir othMT paper in H8 aiead^

IfUfnedUuiy after the traosier of said stock to said KawiMH
and othe^ io wit, on the 2dth December )ast« a ohanj^B was madt
in the officers of the bank. John Griswold, P. S. Rawson, Alien
Stuart and Gifbert Shattuck were elected directors. The affidar
vits of these two last named directors will be foand annexec^
naarked N6. 3 and No. 4. John Griswold was elected presidenl

8ro tern., and Mark Hopkins was chosen cashier pro tern. Oft
le 30th December, Mark Hopkins resigned, and nobert Lock-*
wood was elected cashier pro tern. On the 19th January, PhiW
S. Raw50n was elected cashier pro tem., in place of Robert
Lockwood, resigned. John Griswold resigned as presirfont.

At the meeting of the directors, on the 28th December, pa^



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