commissioners,
D. C. McKinstry,
Wm. A. Burt, acting commis-
sioner,
Wm. A. Burt, acting commis-
sioner,
A. H. Adams, secretary board
commissioners,
A. H. Adams, secretary board
commissioners,
Keeney and Mullet,
7. J. Eldrcd and Son,
A. H. Adams, secretary board
commissioners,
A. H. Adams,secretary board
commissioners,
A. H. Adams, secretary board
commissioners,
Prime, Ward and Co. on ac-
count,
Jno. Delafield, on account,
14. A. H. Adams, secretary board
commissioners,
Thomas Clark,
D. C. McKinstry,
15. A. H. Adams, secretary board
commissioners,
A. H. Adams, secretary board
commissioners,
18. George A. Turner,
Carried forward,
1,305 25
1,611 42
4,552 21
83 32
6,051 36
2,006 35
5,000 00
104 17
66 98
133 52
13,4457
2,079 27
987 53
414 15
222 43
218 98
8,963 30
689 00
10,457 86
2,356 46
225 00
255 00
2,836 46
1,035 60
1,508 39
2,643 99
100 50
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116
HOUSE DOCUMENTS.
Dr. Internal Improvement Fuvid m^accoimt toith Henry Hour
ardi Treasurer^
Brought forward, • t
Dec 18. James B. HuDt, actiog com-
missioner,
James B. Hunt, actiog com-
missioner,
22. Titus Dort,
24. A. H. Adams, secret'y board
commissioners,
A. H. Adams, secret* y board
commissioners,
29. Rix Robinson, acting com-
missioner,
A. H. Adams, secret* 7 board
commissioners,
A. H. Adams, secret* 7 board
commissioners,
31. A. H. Adams, secrefy board
commissioners,
Balance,
5,000 00
104 16
5,204 66
15 00
166 88
800 37
466 76
5^000 00
1,195 04
201 93
6,896 97
3,041 01
586,986 68
•1,272.768 S&
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118 HOUSE DOCUMENTS.
(No. 11.)
Simnuiry Hatement of funds on hand^ and io tohtU accounts they
stand dtiCf year 1838.
DR. Summary statement of funds on hand in the State TVeo-
sury^ and to what accounts they stand due.
Bank fund, •1»260 38
Cash, 720,097 47
MicUgan state bank overdraft, 11,558 24
•782,911 09
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BOUSB DOCUICENTS. 119
(Ifo. IL)
CB. Swmmary ttatememl <f funds an hand in the 8M$ ZVw-
sury^ and io what accounts they sUmd due.
Calhoun county bank, #06 10
Erie and Kalamazoo railroad baik> 28 03
Bank of St Clair, 138 10
Ypsilanti bank, 413 IS
Bank of Brest, 72 08
Bank of Oakland, 23 12
Fanners' and Mechanics' bank, Fontiac, 1 18
Genesee county bank, 1 63
Bank of Saline, 12 25
Bank of Coldwater, 8 65
Bank of Marshall, 26 86
Detroit city bank, 3 94
Farmers' bank of Oakland, 1 IS
Bank of Lapeer, 4 93
Bank of Goodrich, 8 31
Wayne county bank, 7 48
Saginaw city bank, 1 97
Bank of Gibraltar, 144 16
Bank of Utica, 22 31
Farmers' bank of Homer, 181 66
BankofConstantine, 63 27
Amount of bank fund.
•1,260 38
Sinking fund.
80,562 45
University and primary school fund.
3,817 71
Contingent fund,
1.022 16
Internal improvement fund.
585,986 68
Allerran and Marshall railroad
company.
60,000 00
University fund,
261 71
•732,911 09
State Treasuser's Office, )
Detroit, Dec. 31, 1838. S
H. HOWARD, Treasurer.
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120 HOUSE DOCUMENTS.
(No. 12.)
SUOement oftnoneyi received en account sales of Michigan State
Bonds, and how applied^ year 1838.
1838.
Jan. 6. From Gov.. Mason, Iwo drafts
on John Delafield, 9150,000 00
3. Oliver Newberry on his con-
tract, $30,000 00
Feb. 6. do do do 81,000 00
24. do do do 50,000 00
Sept 19. do do do 39,000 00
— 200,000 00
Aug. 1. Gov. Mason's several drafts on
Morris canal bank, 90 days, 250,000 00
Sept 1. do do do 100,000 OO
Oct 1. do do do 100,000 00
Nov. 1. do do do 100,000 00
Dec. 1. do do do 100,000 00
June 16. Gov. Mason, paid cash in Mor-
ris canal bills, 10,397 70
Gov. Mason,paid Prime, Ward
& King's aocount, 8,963 30
Grov. Mason, paid John Dela-
field's account, 639 00
20,000 00
Dec. 12. Bills of the Morris canal bank,
to apply on January, 1839,
payment, 100,000 00
The following to apply on the
February, 1839, payment,
viz.: Bills of the Morris canal
bank, #95,370 00
Gov. Mason's draft on Morris
canal bank, at 90 days, 4,580 00
Gov. Mason's check on
Michigan state bank, 50 00
100,000 00
July 11. Deposited in New York by
Gov. Mason, to credit Mich-
igan state bank, 80,000 00
June 29. Received of Michigan state
bank, principal of peniten-
tiary state stock, 20,000 00
Carried forward,
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HOtJSE DOCUMENTS. 121
Brought forward, 9 $
Total amount of principal re-
ceived during year 18S8, l,330,(A)a 00
Applied as follows :
To the credit of
Internal improvement fund, 81,180,000 00 *
Ypsilanti and Tecumseh rail-
road company, 60,000 00
Allegan and Marshall faih-oad
company, 60,000 00
Penitentiary fund, 20,000 00
ii
1^20,000 00
State Trbasuiubr's Office, )
BetroU, Dec. 31, 1838. }
H. HOWARD, Treasurer.
(No. 13.)
Estimate of expenses for the support of governmentfifear 1839.
Estimate of expenses for the support of government^ year
1839, as follows:
Pay of slate officers, 916,375 00
Interest on $100,000 state stock, issued 1836, 6,000 00
Interest on 820,000 Palmyra and Jacksonburgh
railroad stock,
Interest on 920/000 penitentiary state stock,
do 100,000 Detroit and Pontiac railroad
stock,
do 100,000 University state stock,
Geological survey for year, (appropriation)
Expenses of legislature, 1830,
Expenses of printing session laws and joomal, &c
Repairs and insurance on capital.
Contingent fund.
Balance due Michigan state bank.
Balance due J. S. &. S. A. Bagg for printing re-
vised laws and other charges, say
Miscellaneous and unforseen expenses,
#124,778 00
State Treasuber's Office, )
Detroit, December 31, 1838. )
H. HOWARD, Treasurer.
16
1,400 00
1.200 00
6,000 00
6,000 00
12,000 00
25.000 00
7,000 00
250 00
2,000 00
11,553 00
25,000 00
5,000 00
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lis HOUSE DOCUMENTS.
(No. 14.)
Estimate of receipts applicaUe to the svfpart of government^
year 1839.
Estimate of receipts applicable to the payment of the current
expenses of government year 1839, as follows :
Taxes due from counties for years 1836 and 1837, #35,388 00
Assessment nnade by Auditor General upon the
several counties, year 1836, 56,384 00
Merchants, pedlars and tavern licenses, say 8,500 00
Auction duties, 1,000 00
Taxes due from banks on capital stock paid in, 3*000 00
Interest to be paid by Detroit and Pontiac railroad
company, 6,000 00
Interest to be paid by Palmyra and Jacksonburgh
railroad company* ' 1,400 00
Interest to be paid oy board regents university, 6,000 00
•117,675 00
State Treasurer's Office, )
Detroit, Dec. 31, 1838. )
H. HOWARD, Tnamrer.
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HOUSE DOCUMENTS. . m
(No. 4.)
Report of the committee on the State Geologist's re«
port in relation to the improvement of tbe State Salt
Springs.
The select committee to whom was referred the report of the
State Geologist, in relation to the improvement of the State Salt
Springs, beg leave to report :
That they have had the subject under consideration, and in
view of the great interests involved, would recommend the im-
mediate appropriation of a sum sufficient to carry forward the
works already conunenced.
Our salt springs, we have good reason to believe, may become
one o( tbe most fruitful of our internal resources. We trust they
will soon provide our citizens with one of the first necessaries of
fife, at a very moderate expense, and prove to be a perpetual
source of revenue to our state.
After a thorough investigation of the facts connected with the
whole subject, your committee are not only satisfied that it is for
the interest of the. state to pursue the improvements already com-
menced to a final result, hut also that any delay in doing so must
be attended with loss.
The large amount of salt lands which are now unproductive to
the state, taken in connexion with the ^reat amount of money
which is annually sent abroad for the article of salt, furnishes ar*
guments of the strongest character.
It should be one of our first objects to render state lands pro*
dactive^ and until improvements of the character of those already
commenced have been carried forward to completion, it will be
imprudent to take any steps to render them permanently availa-
bla
We have every reason to believe, that the improvements pro-
posed, will prove successful, but should this fail to be the case,
we are satisfied that the lands may be so disposed of as to furnish
a permanent revenue, which wil(, in a very short time, reimburse
the state for all she may expend in the improvements now going
00.
The amount of money sent abroad for the article of salt, acts
as a drain upon our state, which your committee regard as of no
small mon^ent.
From data in the hands of vour committee, they are led to be-
lieve, that the amount annuallv sent abroad for the article of salt,
cannot be less than three hundred thousand dollars, and probably
has considerably exceeded that sum during the past year.
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124 HOUSE DOCUMENTS.
Should the improvements dow in progress be successfully car-
ried forward, little doubt can be entertained but that amount of
money sent abroad may soon be retained at home, and our salt
springs, like those of New York, furnish a handsome revenue to
the state.
The revenue derived from duties on salt in the state of New
York for the space often years, after deducting all expenses, has
varied from one hundred and fifty to two hundred and fifty thou-
sand dollars per annum, an amount which serves materially to
lessen the burthen of taxation in that state.
The work of improvement in our state, is now going forward,
and the amount which will b^ required fully to test the subject,
should, compared with its great importance to the citizens of this
state, be looked upon as of minor importance ; for in whatever
light the subject may be turned, your committee look upon the
prompt improvement of our state salines as of the utmost impor-
tance.
The embarrassment which the works are now suffering in con-
sequence of the fact, that more than the whole amount oi the ap-
Eropriation of the last year has already been expended, calls
Midly for the immediate action of the legislature upon this sub-
jeci.
The Geologist feels unwilling to involve the expenditure of mo-
ney in this work without direct instructions upon the subject,
while the abandonment of proceedings, even for a short time,
would involve an expense in replacing hands in consequence of
the isolated position of the springs, which he is very justly anxious
to avoid. He has procured a steam engine and other implements
for the promotion of the design, and provisions for the winter^s
support of noen now employed, all of wnich expenditure will most-
ly be lost, if obliged to suspend operations.
Your comnuttee are also informed by the Geologist, that the
work can now be prosecuted to better advantage than at any oth-
er season of the year, and that an immediate expenditure is re-
quired for pumps* Jpc to secure one of the works from an influx
of water, which has but recently taken place, and of which, infor-
mation has been forwarded by express.
The situation of the Geologist under these circumstances, is
embarrassing in the extreme : not feeljng authorized to advance
funds for that purpose, and in constant fear lest a failure to sup^
ply what is required, may lead to unfortunate circumstances, be
cannot fail to feel much anxiety that the most prompt action be
had upon the subject.
In lulfilling the duties assigned your committee, they cannot
refrain from alluding to the laborious and responsible duties of
the State Geologist and the deep interest manifested by him in
the success of his operations, and trust that every facility will be
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HOUSE DOCUMENTS. 125
affixded, which is necessary for the developmeDt of the resources
of oar yoQDg and rising state.
Your committee would therefore recommend that the amount
embraced in the accompanying bill, be appropriated for the works
now in progress, to be expended in the manner there directed.
NORMAN LITTLE,
NOBLE H. FINNEY,
J. GOODWIN.
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\26 HOUSE DOCUMENTS.
(No. 5.)
Attorney General's Report.
7b the House of Representatives :
In conformity with law, I herewith transmit the general report
of the Attorney General, embracing a statement of his official
acts during the past year. / S. T. MASON.
Detroit, January 9, 1839.
REPORT, &c.
ATTORifEY General's Office, )
Detroit, January 1st, 1839. ]
To the Legislature of the State of Michigan :
In accordance with the provisions of law, the Attorney General
herewith transmits a report of all the official business done by
him the past year. The duties of the office durins that time»
have been most varied and important ; and the principles involved
in the proceedings instituted, have been of great moment, requiring
minute investigation and elaborate research. The undersigned
has felt strongly his responsibility for the faithful performance of
these duties, and he has exerted his best powers so to perform
them, that the ends of justice should be obtained and the interests
of the state fully protected.
Schedules A, B and C, hereto annexed, show the proceedings
instituted in behalf of the state, which are now pending and
undetermined.
By reference to schedule markeJ A, it will be seen that
there have been twenty-three injunctions against banks, procured
at the instance of the Bank Commissioners ; all of which have
been issued upon bills in chancery, praying for a dissolution of the
corporations for alleged violations of law.
The great number of these cases has imposed a heavy addi-
tional amount of labor and responsibility upon this office* and
there is in truth enough of this kind of business at the present
time, to occupy the whole attention of one individual. The in.
terests, also, to be affected by these proceedings, are' of great
magnitude and iniportance, both to the state an<i individuals ; as
the amount of the bills and notes of the banks thus returned, in
circulation at the time of the' service of the several injumttions,
probably exceed eight hundred thousand dollars — and the redemp-
tion of this vast amount of liability must mainly depend upon the
rigid enforcement of all the provisions of law for the security of
the bill holders and creditors of the banks.
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HOUSE DOCUMENTS. 127
The gross frauds which were perpetrated in the otj^nizatioQ
of a Dumber of these iostitutions, naturally led to the anticipation
that individuals so corrupt in the outset, would not hesitate to
throw every obstacle in their power in the way of a proper remedy
for the eviU they had inflicted. This expectation has proved too
well founded ; and the greatest difficulty experienced in winding
up the conrems of these banks» proceeds from the efibrts of per-
sons interested to avoid the effects of those salutary restraints and
penalties* which constitute the redeeming features of the act under
which they were forced into being. It is confidently believed,
however, that this difficulty will be overcome and the liabilities
of these institutions, in most instances, fully redeemed.
Schedule B, contains a list of a difierent class of civil cases, st
law and in chancery, in which the state is a party or interested,
with a brief statement of the nature of, and the proceedings in
each case. And schedule C comprises a statement of the cjrimi-
nal prosecutions to which I have personally attended.
The remaining paper, marked schedule Dt, embraces the reports
of the District Attorneysy as far as received.
The Revised Statutes have been in operation so short a period,
that it has been hardly possible to judge of the practical operation .
of its provisions in regard to ** criminal jurisprudence." There
is one change, however, which it is believed, ** the proper (ptd
** economical adminislration of the criminal law of the state fully
'* warrants and requires.^ This is the substitution of some other
provision than that now existing, which requires all criminal pro-
secudons to be conducted by a prosecuting attorney appointed io
each county. A rigorous and inflexible administration of the
crinuoai law, has ever been deemed of the most vital importance
to the good character, the peace, and happiness of every organi-
zed community ; and to a young state, whose institutions are yet
hi embryo ; with the character of its inhabitants yet undetermined,
and at a time, too, when there are unusual stimulants and im^en-
tives to crime, it becomes all important that t/iis administration
should not only be rigid and inflexible^ but that its execution should
be vigorous, prompt, and certain.
In order to effect this much desired object, there must be a
certainty of prosecution^ as well as of punishment^ for the jjuilty
violator of the law. It needs no argument to prove that this cer-
tainty cannot be expected unless the services of a competent and
experienced, as well as faithful public prosecutor, are ensured.
So long as the law requires that all criminal projecutions shall be
in the hands of a public prr^secutor appointed in each county,
however small, and all compensation is made to depend upon ttie
scanty pittance doled out by the supervisors or Qommissioners of
the county, it is morally impossible that the services of such an
oflicer can be secured ; for the lawyer who is competent, can be
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128 HOUSE DOCUMENTS.
more profitably employed ; and few can be found who will serve
the public faithfully and intelligently at their own charge.
It is suggested, however, that this object can be effected by an
enactment of the legislature, authorizing the appointment of a
Krosecuting attorney in each judicial circuit, whose duty it should
3 to be present at the sessions of the court in each county, and
attend to the indictment and prosecution of offenders ; and for
whom an ample remuneration should be secured, either in the
shape of fees for the different services rendered, or by an annual
salary.
It may, perhaps, be objected to this proposition, that there is a
constitutional difficulty in the way of its adoption. This objec-
tion, however, can hardly be a sound one, from the fact that the
language of the constitution is, *' that there shall be a prosecuting
attorney for each of the respective counties,** and this would be
literally accomplished by the appointment of a prosecuting attor-
nev in each circuit, to attend to the indictment and prosecution of
ofi^nders for each county.
If this should, notwithstanding, be deemed a valid objection, the
proposed system might still be adopted as an improvement upoQ
the present ; and the duties of the county attorney restricted to
the prosecution for petty offences, the arrest and examination of
ofljenders, and the collection of pecuniary penalties.
Even this, it is believed, would be more economical upon the
whole, and tend far more to bring about the great end in view —
the certainty of prosecution and punishment, than the system now
in operation.
All of which is respectfully submitted.
P. MOREY, Attorney General.
DOCUMENTS.
Schedule A*
1. In chancery, second circuit: Bank Commissioners vs. Pal-
mers' bank of Sandstone. Bill filed, injunction and subpcsna issu-
onfesso, and receiver appointed,
scond circuit : Bank Commissioners vs. Jack-
The same as above.
)cond circuit : Bank Commissioners vs. Bank
me.
rst circuit : Bank Commissioners vs. Wayne
same.
lird circuit: Bank Commissioners vs. Bank
filed, injunction and subpcena issued, and re-
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HOUSE DOCUMENTS. 129
6. In chaneery, third circuit : Bank commissionerf vs. Ex-
change bank at Shiawassee. Bill filed, injunction and subpcBDa
issued ; bill taken pro confesso, and receiver appointed.
7. In chancery, second circuit ; Bank Commissioners vs. Lena-
wee county bank. Same as the last.
8. In chancery, third circuit : Bank Commissioners vs. St Jo**
aeph county bank. The &ame as^o. 5.
9. In chancery, first circuit : Bank Commissioners vs. Far-
mers' and Mechanics' bank of Pontiac. The same as No. 6.
10. In chancery, first circuit: Bank Commissioners vs. Bank
of Kensington. The same as above.
11. In chancery, first circuit: Bank Commissioqers vs. the
Bank of Brest. Bill filed, injunction and subpoena issued, recei-
ver appofnted. Answer of defendants filed, setting up an assiffo-
inent to A. D. Frazer, Esq. It has, however, b^n deckled oy
the Chancellor that this assignment is void and invalid.
12. In chancery, first circuit : Bank Commissioners vs. the
president, directors and company of the Oakland county bank.
Bill filed, injunction and subpcena issued, and proceedings discon-
tinued upon coming in of defendant's answer.
13. In chancery, second circuit : Bank Commissioners vs. the
president, directors and company of the Bank of Clinton. Bill
filed, injunction and subpoena issued. Motion for appointment of
receiver continued.
14. In chancery, second circuit : Bank Commissioners vs. Bank
of Saline and Alexander D. Frazer, Esq. Bill filed against the
baokf and Alexander D. Frazer, Esq., as the assignee. Injuno-
tioQ and subpoena issued, and receiver appointed.
15. In chancery, first circuit : Bank Commissioners vs. Bank
of Gibraltar. Bill filed, injunction ond subpoena issued. The in*
junction in this case was special : simply restraining the bank from
doing any further business, but leaving creditors at liberty to pro-
ceed at law if the bank did not redeem its liabilities, no insolven-
cy bein^ alleged in the bill.
16. £k chancery, first circuit: Bank Commissioners vs. Far-
merfl^ bank of Oakland. The same as above.
17. In chancery, second circuit : Bank Commissioners vs. Far-
mers' bank of Sharon. Bill filed, injunction and subpoena issued^
and receiver appointed*
18. In chancery, first circuit : Bank Commissioners vs. Far-
va&n^ bank of Genesee county. Bill filed, injunction and subpcB-
na issued, receiver appointed, and bill taken pro confesso.
10. In chancery, first circuit : Bank Commissioners vs. presi-
dent, directors and company of the Oakland county bank. Bill
fiJed, imunction and subpoena issued, and motion for the appoinl-
ment en a receiver.
17
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IJ0 HOUSE DOCUMENTS.
m. lb chanceiy, first circuit : Bank CommiMioiMn vi. Bank
fll* Goodrich. The seme as above.
21. In chancery, first circuit : Bank Commissioners vs. Sagi-
naw city bank. The same as the last
22. In chancery* first circuit : Bank Commissioners vs. Bank
of Oakland. The same.
23. In chancery, first circuit : Bank Commissioners vs. the
Bank of Utica. The same.
Schedule B.
1. Supreme court : The People, ex Pel. Attorney General, vs.
River Raisin and Lake Erie Railroad company. In this case,
in accordance with the requirements of the resolution of the
legislature, an information, in the nature of a quo warranto^ was
filed, and a sunnnons issued in June, 1887. At the January term
of the court for 1838, it was decided that a venire faciiis, in the
nature of a summons, was the proper writ ; such a writ was issu-
ed and is returned. The case is still pending.
2. Wayne circuit : Robert Abbott, Auditor General of the
state of ]£[ichigan, for, and in behalf of the People of said states
vs. Levi Cook,' treasurer of the late territory of Michigan. This
suit was commenced under the instructions of the Auditor Grene*
tal, to recover the penalty for the non-delivery of the books, pa-
pers, &c. of the oflice of treasurer to his successor, in accordance
with the provisions of law. The case is still pending.
8. Lenawee circuit: Henry Howard, Treasurer, &c. vs.'hBr
ehael A. Patterson, Benjamin French, Ezra Brown, Geo. Howet
Paul B. Rinff, George E. Pomeroy, Jira Payn, Henry L. Hew-
el, Joseph W. Brown. William H. Hoeg, Stilman Blanchard*
and Stephen Fargo. This is an action of debt brought to recov-
er the penalty of a certain bond executed in behalf c? the Palmy-
ra and Jacksonburg railroad company, to secure the payment of
the interest and principal of a certain loan made to the company
by the state, and the performance of certain other oonditioni.
The suit was instituted under instructions from the Auditor Ge-
neral, in consequence of the neglect of the company to fiimish ad*