tsoaid soon be. in, and he might do as he liked about oomplyi«H(
with the order of the committee; that the presidsat shordv aftar
aame in, md was handed tfie onler of (he committee by Mr. Ad-
aiw ; afler reading whidn he ga^e me a sole dtfoeted to the chailP*
man of said committee, to whi>m I gave jl» who immediately d»-
roHed the serfgaabt<at*arms of the House to wail upois the praai*
dene (Mr. Lothco^> with a aubpoeoa* whieb btouaht said praaident
before ilhe comiuit'ee, with the voudiens s ^ught for, t/igelhet wilb
those of J. fi. Hunt: Tbait the said Mr. Lothrop was dtaohntged
from attendanoe upon the committee, but sat dowtiy Md tardiog
to deponanc aakad H I would oiaka any ^jeotiDo^ Mftor i

102



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«6 HOUSE DOCUBfBNTa

ioi^ D. C. McKioftry'i ¥oiieben, to oone to Ike office of the
board after the i^enMniiclert as they were daily wanted ; that de-
pooeot replied,' that he had no objectfoDs if it suited the oomcnittee,
and appealed to it for an answer ; that the answer was in the af-
^nnative, and Mr. Lothrop took J. B, Hunt's (in part) vouchers
with him, as I supposed, to the olSce of the board That oo the
14th of Maroht as near as deponent recollects, he called at the
office of the board for the pa^rs, and found neither president or
Youchers ; that the next momii^, deponent called at the Exchac^
for Mr. Lothrop, who was at breakfast ; afterwards met him m
at the hall of the third story, and was taken into his rooai and re-
ceived the required papers.

That deponent on the 22d of March, was sent by the commit-
tee to the board, for copies of tjie accounts ot the acting Com-
missioners generally ; that Mr. Adams laid the ledger upon the
desk, and opened it at the aoeoom of L. S. Humphrey, wfaieh be
look some papers to copy, but Mr: Adams prevented hira, sajnng
that no mah should take'a oopv of his books, save hiroadC wbeo
he drew out the account, but aid not subtoribe it ; that deponent
returned, *and the committee did not think it in a proper form fcr
ezaminatioD, and drdered it to be returned for Adams' s^natare,
which Adams reftised to attach, but save deponent anochn* doeo-
menc marked <F,) in the report of the committee, dated 37tk
Maroh, 18d9.

At the committee's request, deponent asked Mr. Adams to sign
dodimeot (C) in said report, it being iti h4s own hand-writing,
wMch he refused to do, saying ** that he only copied it (or Gene-
TilHumphrsy, and that lie should not vouch for its accuracy.''
Deponeot then asked him {^ir. Acamsi) to sira the statemebt of
thaConmiiskioners' appoii^tments, dcc^ in the nsinds of the coai-
mittee. ' ' -

That deponent avers to the fact that L. S« Humphrey was pre-
sent at alt the exaiYMnations of- witnesses on the aouthern railroad,
with the exception of xMie aflernoon, when L. G. Budlong was
vsamlned, whose testim^my, however, was subse(|uently handed
bf th^'chairman to Gen. Humphrey, with permission lo recall
witness for further examinatbn.

Deponent saith that Genera\ Humphrey, or any odier Commia-
aioner, hat nevter beed' denied aooess to tiie arrangement of ibeir
vouchers; on the contrary, Gen. Humphrey has examined tlie
aame himself, as aho J. a Dutton. On the 6th April, 1839, Mr.
Adame was called beibre the committee, and aabed if there were
any more papers or accounts of the board that had not been
civen to the committee, to which he replied in the negative.
All the vouchers a«id papers given to deponent im- the cem-
nAiaer by Mr* LoCbrop himself and by Mr. Adams, have besa



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rettumed to the office of the board and a reoeipt required ibr the
same*

A. E. HATHON.
Sworn and subscribed before me, tbia fifteenth day of April,
1899.

J. 0- GRAVES,
JiaUce af the Peace.



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Houffik DocvAcnnra



(No 48.)

, Jtteflsnge of the Governor.

lb the Hou9e of Bepretentatives :

I return without my signaturet to the House in which it ortgi-
oatedy a bill entitled ** An act for the relief of ceruin settlers on
university and state lands." In refusing n>y sanction to the pro-
visions of this bill, I am governed by an imperious sense of pub-
lic dutyt urged upon me by the solemnity of my oflidal oath.
The determination I make, is a painful one. It has been framed,
however, after mature and anxious deliberation, and cannot be re*
sisted.

The ostensible object of the bill, is to secure to certain settlers
on public lands, their just rights under the pre-emption law of
Congress, which it is alleged have been interfered with by the
state. Does the bill meet the object intended, and are its provi-
lions limited to the designs of the legislature 7

I will not permit myself to inquire into the equity of the claims
of these settlers. I do not stop to ask, how far the eager hopes of
the people of Michigan in an institution fraught with benefits to
thousands yet unborn, are crushed by the measure proposed to
me. The pre-emption law was franied for the protectioo of the
bold and daring pioneer, who leads the march or civilization, and
proclaims to the world the unknown beauties and hidden resour-
ces of our western wilderness. For the protection of such men,
was the law designed, and if the applicants under the bill before
ipe, are entitled to the right of property in the lands in question,
not even for the holy purposes of education, should that right be
disturbed* How far then these claimants come within the spirit
and intentions of the legislation of Congress, I leave the legislature
lo deter.iiine. To the representatives of the people properly be-
longs the decision of all such questions. Appreciating as they
ever should, the high interests committed to their charge, I am
boand to believe, that such claim, under this bill, has undergooe
the most rigid scrutiny, and that none other save a disinterei^
sense of justice, au anxious desire to protect the rights of the ctti-
sen, and a high sense of what is due to the character of the state
and our institutions, could have induced your sanction to the mea-
sure proposed by the bill before me. if then a mere question of
expediency was involved in the bill, it might become my duty to
yield to it my unhesitating assent. But my solemn convictioiif
laDCtion no such conclusion.



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^ tbe fintfectba of tte l»U» you {>ropQpe t# leRal •i^^^
per wvei AJiT IhAjhm loatTKD won vmvBsiVTT pvmvo*B% if it ii
proven they were occupied and cultivated as pointed oat by the
pre^niptioo kw 0f OonkrtaSt before their location by the sMe.
Where is the necessity Tor this unlimited provisioBy releasinp^ all
lands located for universky purposes^ whether heietofere damed-
by individyals or not f What is the ob^ of this wholesale
lentvptadon to ftaod and pcnjory ? The applications before you»
bave* ananated fbom that highly respectable class of settlers whoea
rights are affeoled by the kxuitioiis un the NHes and Notawassippi
r eserfs rti onsy and on' the Graad and Muskegon riven. The rriief
asked by these claimants, sboold have k»dia extended to tbea»
i rii s m i ci their daims Weie found to be msritoriotts* i am atix*
ionsi to affn*d that rriieC and i regret that their rights have beea
jbDpardiaed by a wboiesab speeies of propagandisaa fai search of
adventurers to chjm your public kads.

The Gongrsss of iw United States *" have ffi anted and eonvey*
ed these lands to the stalet to be apjmpriated soixly to the vn
and avFtosT of the UniVershy of MichigaiK'* The slate has ao«
eepted these lands, atid the ^xmstitution enjoins, ** that Ibe legiala^
turaatiaUtaha fnea^uresfoMbeir ^ov^Mscrioiiand im/ ito mi mnt, mod
also provide nieaos for the jieniidTuM secmity of the funds of ihe
institution.'* These are the sdenm oooditioaa by wfaieh the state
holds this slMcred' trust ; and yet by one single enactment, you
place all the lands thus held in trust, in anarket, at 91 95«1M per
acre, no matter what their value, when IocsMM or hotr ebiiniNBd.
Yet it may be said, they are protected by the provisions of the
bill from all illegal claims. What is that protection T The feeble
barrier of an oath, held out with a bribe and reward for its viola-
tion by bad and wicked men. Can this be a faithful administra-
tion of the trust committed to us T Is it the appropriation of
these lands sofe/y to the use and support of ihe University of Mi'
cld^an, as required by the compact witJi the United States, or
their j^rotec^tofi and improvement^ as lemoined by the constitution T

But the second section is still more ratal to this bill You there
propose to sbll at $1 25-100 per acre, ** Ainr state lands of this
state.** What are the lands thus contemplated to be sold T Lands
for the erection of public buildings, and lands attached to the state
salines. These lands are donations under the propositions of Con-
gress at the time of the admission of the state into the federal un-
ion, and were accepted by the ordinance of July 25, 1836. This
ordinance is declared **tobe irrevocable urithout the consent of the
United States,** and by the express terms of the grant, as confir-
med by the ordinance, the salt springs and lands attached ** are
granted to the state for its t^e alone ; they are to be used on such
terms as the legislature may direct, and shall nbvbr bb sold or
leased for a longer period than ten years, wrrBour the ^onsbbt



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8M uovm oocvMBatra.

or OoMUm^ h is dear Ibtn, tint liie bill bofixre ne tf pdpa-
bly uocoottitutional, and caoDot rceeiT* my saaotion, witbout «
leokless violation of my official oath.

By tbifl decisioa, I am not ^amtndAil of the responsibility I a^
snme ; nor am I foifieiful of the wrong 1 may inflict on sooie me*
ritorioas claimant. I therefore r^mt that the bill is so geaoiai
in its features* To a eoostitutionat measure of relief my saootioB
would be readily given. If the legMature in their wisdom ^viU
propose a remuneration to the claimadt from the general foad^
either in money or by the purchase of other lands, or oy any other
mode which will remove the unoonsltlutional features of the pe^
sent bill, it will-be -my dety to saactioii it. My present objectioQft
do not arise from hostility to the olaimaot% but from insuperable
objections to the mode pointed out by tbs lq;ishitttiD. . Every per-
sonal feeling and sympathy are with the advocates and friends of
this measure. My first impulse woqld lead me to give it nqr
sanction. But the convictions cf my judgment and my oath, warn
me to yield to no. such temptations. I Imow the persooai coose-
quences that are to flow from this act I am aware bow little I
gain end bow much personally I may lose. But in the conseieii*
tiatts discharge of my official trust, those coosideratioas shall never
control m^. I perform- a duly 1 owe to myaelC uid I leave the
result to a liberal and enligfatened people.

a T. MASON.
Exaccnvs DBPABmain^



4prt{ 17, 1880.



!



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HOUSE DOCUMERHS. Mi



(No. 49.)

Communication from the Auditor General relative to
the Agreement with the Bank of Michigan.

AvDrroB Gbnbral's OmcE, )
Detroit, i2th April, IS^. \

I^Kohir^the'HouseofReprmmt^^

' In compliance whh a resolution of jroar honorable body ofSth
inst communicated this morning to me by Mr. E. J. Koberts,
Clerk of the House of Representatives, I herewith transmit a
copy of the agreement made and entered into With the president
of the Bank of Michigan, pursuant to an act authorizing me to
negotiate for advances on certain instalments on the five million
loan,
Respeclfblly, your most obedient servant,

(Signed,) ROBERT ABBOTT,



AGREEMENT,

Articles of agreement made and conduded bv and belweeo
Robert Abbott, Auditor General of the state of Michigan, of the
Brat pnrt» and the president, directors and company of the Bank
of IMUchigaD of the second part, on the third day of April, in the
year of our Lord oiie thousand eight hundred and thirty- nine, in
pursuance of the provisions of an act of the legislature of the state
of Michi^n. approved, the twenty-ninth day of March, A. D.
1839, entitled ''An act to authorize the Auditor General of the
statQ to obtain money on the credit of certain instalments of the
five million loan.**

First The said Auditor General for and in behalf of the state,
and in pursuance of the powers vested m him by said act, does
hereby covenant and agree to and with the said president, direc-
tors and company of the bank of Michigan, and their successors
in office, to ''selfand deliver to said bank the drafts for the instal-
ments to become due on the five million loan in the order in
which said instalments shall become due," until the next annual
meeting of the legislature of the state of Michigan, to wit : three
drafts for the several instalments falling due, on the first days of
July, October and Jaauary next, subject, however, to the follow-
ing prc^visioQS, namely : That neither the second nor third drafts,



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that if to say, the drafts for the second and third instalroeatfli duA
be delivered to the said bank until the state shall hafe been duty
paid by the said bank the full amount due upon the precedii^
drafts, by dislnirsements in pursuance of said act, and that said
draft for the third instalment shall not be delivered to the said
bank if the funds noW in the Michi^n state bank, foeloogtng to
the stflle, shall beconne ttvailaUe bemv the money it waiSed for
internal iinprpvement purposes.

Second. The said president, directors and company of the Bank
of Michigan, for themselves and their successors in office* do co-
venant and agree to and with the Auditor Genera) df the aMe ef
Michigan t to pvMhaae aad reeaive of him tbd^adid drafts, aabject
to the ooodiiioo set forth as above, and to. pUu^ to tbe credit ef
the internal improivement fund of this stale, the amount of each
draft so received, at the time the said drafts shall be delivered to
Ibe said haak, deduf^tiqg therefrom inter^t at tbe rate of six per
,eent per . aooum, and to apply tbe sapie in aayooent of dauns
againat the state, for labor done and materials fturoiabed on ber
works of internal improvement, as directed by law.

Third. And the said prefideot, directors and company of tbe
Bank of -Mif^igQa, do further covenant and agree to and with tbe
said Auditor Greneral, to disburse and pay out the proceeds of sud
drafts free of all and every charge and expense to the state of
Michigan, and to pay out all moneys received from the first draft
before receiving any sobia|()Qeiit, and that they, the said president,
directors and company, will, on or before the receipt of either of
said drafts, eviecute and deposite with the Auditor Greneral, a bond
with good and sufficient sureties, to be approved by tbe Auditor
Greneral and Treasurer of the slate, for the payment to the slate
of all moneys received by said badk in pursuance of tiJs agree-
ment

Fourth. It is further mutually covenanted and agreed by and
between the parties to this instrument, that wherea?< doubts exist
in. the mind of the Auditor General whether (under the contract
made between his excellency >tevens T. Mason and the Morris
canal and banking company, dated the first day of June, Al D.
1838, and the subsequent letters between the same parties,) tbe
said drafts are payable on the first days of Jutv^ October and Ja-
nuary next, respectively, or at thirtv days' sigfit after those dates,
the said Auditor General shall deliver to the said bank two sets
of said drafts for the same amounts. One set to be made paya-
ble on the said first day of July next, and the other set at thirty
days^ sight thereafter ; and that the said bank shall despatch a
â–  special messenger to New York with said drafts, who shall em-
ploy such counsel as he may require, at the sole expense of the
said bank; that if the said drafts payable on the first day of Jdy
next shall be accepted^ the other set shall be returned te tbe As-



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H0U6B DOCUMBNTS. jIW

ditor Geoeral to be cancelled by bim ; but in case the said first
mentioned drafts shall not be accepted, for the reason that they
are not drawn payable at thirty days' sight after the said first day
of July, as proposed in the correspondence aforesaid, then the
said first set of drafts shall be returned to the Auditor General^
and the second set shall be retained by the said bank. The object
of this ptovision being tbe proteotioa ofifae credit of tbe state and
to avoid a protest upon its drafts.

Fifth. In case the Auditor General shall deem it expedient to
retain from the first instalnoent the sum of fifty thousand dollars
for the payment of interest due. on the* state bonds, or otherwise^
the first drafts shall be for the remainder of the said instalment
only.

in testimony whereof, these presents are signed by the said
Auditor Gene^l and by the president and cashier of the said
Bank of Michigan, and the seals of the said Auditor General and
. of the said bank are hereunto affixed on the day and year first
aforesaid.
Executed in duplicate in presence of
Jomi M. OBJum. •

ROBERT ABBOTT,
Auditor General State of Michigan.

C. C. TROWBRIDGE,
President of the Bank of Michigan.
H. K. SANGER,
Cashier of the Bank of Mkhiirm.
I certify that the foregoing is a connect copy of the original on
.file in this oflke.

ROBERT ABBOTT.
AuDiTOB GjumuAhB OwFum, )
DetroU, 12th April, 18d94 \



103



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M4 liOUBB'DOCVMBIIT&



(No. 60.)

RepoK on the Oedur and f?rand Rirer Branch of the

Clinton and Kalamazoo CanaK

OfPICS Of iNTfeBKAL ImpROVSMBRT, )

DetroU, February 25, 1839, \

To the Hon* the Houte of Representatives :

I have tho honor of transmitting to the legislature a report of
Xht aarvey of the Cedar tind Grand river branch of the CitntoD
and Kalamazoo canal, made in pursuance of a resohitioo cf the
hit board of internal improvement, and referred to in the anntml
report of this board.

By order of the board.

E H. LCrmnOB.Presidad.



REPORT, fee

7b ihs j^i^fiora&b ti^ Conmismners of the Board of biemd
Jif^proi^einent.

GmifTiiEMEN : Agreeable to a resolution of your board h>Mraf^*
ing me to m^ke an examdiation and survey for a canal route
from^sofni (Eligible point ort The main line down the valley of the
Ceda*- river to the navigable waters of the Grand river,. / res-
pectfully report :

That the examination and survey has been made, and the route
found practicable and feasible. This route in point of importance
and interest to the state, has much merit, and perhaps may be
considered the most important connection that can be formed in
the state, uniting the great thoroughfare across the oeninsula with
the rich and fertile valleys of the fairest portion of Michigan— a
section of the state perhaps unsurpassed in the richness of its soil,
the abundance of its valuable timber, and the supcrabundauce of
its invaluable water power, which is met with through the whde
extent of the route on the Cedar, the Lookin^lass and Grand ri-
vers and their numerous tributaries. It opens into the mineral
region, which from present examinations bids fair to become of
immense importance to the stale.

It intersects at Lyons, (at the mouth of the Maple,) the north-
ern railroad route, and at Ionia, a few miles belowi the navigabte



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H0U8B P0GUM6N7& aa&

yMen of Grand rirer ; iateniecMi^ also the vout^of alaamboat
communication between the navigable waters of Grand rirer^ by
the way of the Maple and Saginaw canal, to Lake Huron.
These and many other advantages^ with a papulation rapidly in-
creasing and unsurpassed in persevering industry and entnrprisei
entitle this route to much consideration ; and were thia work,
now completed in ooonectiun with the eastern dirision of thc^
main route, I think there is nothing haaarded in pi*ed]cting tho
time not far diaiani when it would pay a revenue into .tbo state
treasury* Although many <nay have their fears and foi^bodingp
thai our system of internal improvement is fraught with rninoqa
consequences to the interests of Michigan, yet I ff^l a^ eQtiira
ooofidence^ ttom the knowled^ I now have pf the natumi re-
sources of the state, its relative position to tho country bord^rii^'
on' Lake Michigan and stretching ^o the far weat» th^t wp 9ad
embark in no policy so well calculated to ensure her rapid gve^wUi.
and prosperity as that of judiciously prosecuting, onr system 4^
internal improvement*

. Of this branch to the general system, ii will raqnii^ only a
glance of the eye over our slate map, to sec the in>portant fum^-.
tion which it would hold in our acale of internal knproven^ont.
Diverging from tl)e main roiHeat a point butone-thifd of li>0 dia*
unce across the state from Lake St* Clair, and after travefsii^*
the rich valleys of tho C^dari the Lookioglass and Grand riv^rsi
terminates at the head uf steamboat navigation on the latter, (th^,
largest river in the staiei,) and at a point from its. junction wiUh
Lake Michigan m a direct line, equaling one^third of the dislan(99
across the peninaula. Then by constructing a canal. only ahoi^t
one-lbh*d of the distanes across the statOi another channel of cohv*
munication is opened to the shores of Lake Michigan, through* A>

CtioB of c<Auitry where nature, in bestowing bar rich bounties,
been lavish beyond what I hare met with in anv Qthnr ppr-
tioa of the state ; and her enterprising population is fast develop-:
iniF the rosources which are destined to freight our canals, 4H>r
railroads, and our navigable rivers. With the proapectand #n-
couri^ment of being soon reached by some navinbje channel jof
eommunieation, the hidden ttt^astuva will be sought out, fpd M^r
chigan, instead of being a sterile country, destitute ot articles of-
tfiittportation to make ner publw works productive, will be (^n4
rich in her treasures, and abundant to make her public works ( wiM^
economy in their censtruccioa,) of vast ntility to her citiaai^ affd
productive to her traasnry.

This route commences at the end of the first division on 4he
main line, in the valley of Shiawassee river, about twomilaa w^
of Livingston county centre, the village of Howell, and gradually
diwiging from the main line, crossing the dividing ridge betwtea



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8«l HOUSS DOCUMENTS.

the Shift wasMe knd Oodar Tftlldyi^ under favoraUe efmimttlinoes,'
a« wiirbe iseen by the estimate of t*ie section.

A line was run by the village of Howell with a liew of cross-
ing ihe Shiawassee a short distance below the present crossing of
the Grand river turnpike, and intersectir^ the Cedar route again
at the point of crossing the Big noarsh. But the high ground, bor-
dering upon the west oranch of the Shiawassee river, was found
too high for any^ level we could assume.

The valley m the Cedar is mostly very fiiv6rable for canafing.
At the Big marsh, a level was taken with a view to ascertain tfe
practicabiTity of crossing at that point firom the valley of the Ce*
dar to that of the V>okinglass. We did not reach the sommitt
yet I have no doubt a level could be assumed that Would find it
an easy and feasible route.

A little to the west of the principal merkSaH line, I found the
country uneven and much broken, the river crooked, and the
banks rising into high btiifis from fifty to eighty and ninety /eet in
height, with broad and deep valleys occasionally interveoing,
vfttmh induced me to keep a nigh level and carry die line bade
from the riven

At the north bend of the Cedar, below the junction of the oat-
let of )Pine lake, on section thirteen, town four north, of range
two v^est, I intersected a line with the Cedar river, but on meaa-
dering the stream below this point, we found it i^ery crooked and
in some places shallow. I also continued the line across toGrand
liver, intersecting at the month of Alcott^ creekf on section nine.
The last mile and a half on this line is objecticffiable, bom the enn-
banking it would require across a wide swamp and the deep cut
through the high ground bordering upon the 'Oast bank of Grand
river.

This could, however, be mostly avoided by qhaagn^ the route
to the south and intersecting Grand river near the Junction of tto
Cedar. The objection to intersecting with Grrand rivei* at this
point and making it the point of termination fbr the camil route,
isi thM the river is extremely erookeJ below and not navigable
ebrpept in high water, above the mouth of the Lookroglass, or Ly*
oQS^ at fhe mouth of the Maple. The comitry from this point to
the junction of the Lookinglass with Grand river, lying between